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Mayor's
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City of Wyandotte, Michigan
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Minutes
- October 1,
2007 |
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Wyandotte, Michigan October 1, 2007
Regular session of the City Council of the City of Wyandotte,
the Honorable Mayor James R. DeSana presiding.
ROLL CALL
Present: Councilpersons Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
Absent: None
COMMUNICATIONS MISCELLANEOUS
Item #1 was removed from Agenda.
PERSONS IN THE AUDIENCE
Corki Benson, 404 Vinewood, Garfield Group meeting Wednesday, 7
PM.
COMMUNICATIONS FROM CITY AND OTHER OFFICIALS
The City Engineer removed item #2 from the Agenda.
September 24, 2007
The Honorable Mayor DeSana and City Council
City Hall, Wyandotte, Michigan
RE: File # 4429 — 2007 Parking Lot Project
Dear Mayor DeSana and Council Members:
The City of Wyandotte Engineering and Building Department
solicited bids for the 2007 Parking Lot Project on September 19,
2007. The bids for the referenced project were opened and read
aloud in the City of Wyandotte Council Chambers. The following
bids were received:
BIDDER CITY BID PRICE
S & J Asphalt Paving Company Canton, MI $59,304.00
ABC Paving Company Trenton, MI $63,655.18
Pro-Line Asphalt Paving Washington, MI $64,479.80
Nagle Paving Company Novi, MI $66,787.50
Best Asphalt Inc. Romulus, MI $67,682.50
Jeffery Company Trenton, MI $68,270.50
Al's Asphalt Paving Company Taylor, MI $70,393.60
Anglin Civil Construction Novi, MI $87,331.25
The undersigned recommends the acceptance of the proposal from S
& J Asphalt Paving Company of Canton, Michigan in the amount of
$59, 304.00 as the best bid received meeting the specifications.
Very truly yours,
Mark A. Kowalewski, City Engineer
Todd A. Drysdale, Director of Administrative/Financial Services
September 25, 2007
Honorable Mayor and City Council, City of Wyandotte
Dear Mayor and City Council Members:
Please consider the following budget amendment. These were
proposed by the DDA for City Council approval at their meeting
September 24, 2007. The amounts will come from the fund balance.
The resolution was moved by Gilbert Rose and supported by Norm
Walker and carried that the Downtown Development Authority
recommend to the City Council to concur with and to approve the
Downtown Development Authority recommendation to approve a
budget amendment to line item 499-200-850-519 in the amount of
$27884.52 for the purpose of paying the summer taxes for the
former Theatre building at Elm and First and Stohl House at 2624
Biddle Avenue with funds derived from the Unrestricted Fund
Balance of the Authority
Please consider the amendment for approval'. The DDA fund
balance has sufficient funds to cover these expenditures at this
time.
Sincerely,
Lisa Hooper, AICP, CMSM, Executive Director
Downtown Development Authority
September 25, 2007
The Honorable Mayor James R. DeSana And City Council, City Hall,
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
At the September 18, 2007, City Council Meeting, Council
referred to the undersigned a communication from David Aronoff
and Catherine Morris regarding two (2) large boulders in the
City Right-of-Way at 2251 22" Street, Wyandotte. To accomplish
this, the attached Grant of License and Hold Harmless Agreement
would need to be executed between the City of Wyandotte and
David Aronoff and Catherine Morris the property owner. This
Grant of License and Hold Harmless Agreement have been reviewed
by the Department of Legal Affairs and approved.
The proposed Resolution authorizes the Mayor and City Clerk sign
said Agreement. Further, Mr. Aronoff and Ms. Morris should be
required to pay the recording fee of $24.00 and that the
Department of Legal Affairs record same.
Very truly yours,
Mark A. Kowalewski City Engineer
September 27, 2007
The Honorable Mayor James R. DeSana And City Council, City Hall,
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
At the meeting of September 24, 2007, the City Council accepted
proposals for sod and top fill for the former Wyandotte Theatre
Property. However, Huron Sod Farms does not supply the larger
rolls of sod. Therefore, the following are proposals solicited
for, the purchase of 2,333 square yards (estimated) of big rolls
of sod for said site. Measurement of the site indicates 2,750
square yards is required.
Unit
Price Delivery 2,333 s.y. 2,750 s.y.
DeBuck's Sod Farm, Inc. $0.1 1/s.f.($0.99s.y.) $ 70.00 $2,380.00
$2,793.00
Insta-Lawn Sold Farms $0.99/s.y. $480.00 $2,790.00 $3,203.00
New Lawn Sod Farm $0.13/s.f.($1.17s.y.) $ 0.00 $2,730.00
$3,218.00
Therefore, the attached Resolution will retract the previously
accepted proposal from Huron Sod Farms of Romulus, Michigan and
accept the proposal of DeBuck's Sod Farm, Inc., Howell Twp.,
Michigan in the amount of $2,793.00 or $0.99 per square yard
from account 499-200-851-519.
All labor will be performed by the Department of Public Service.
Very truly yours,
Mark A. Kowalewski, City Engineer
REPORTS AND MINUTES AND CASH RECEIPTS
Financial Services Daily Cash Receipts September 20, 2007
Wyandotte Cultural & Historical Commission August 9, 2007
Wyandotte Cultural & Historical Commission August 28, 2007
Wyandotte Cultural & Historical Commission September 13, 2007
Downtown Development Authority Special Meeting September 24,
2007
CITIZEN PARTICIPATION
None
RECESS
RECONVENING
ROLL CALL
Present: Councilpersons Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
Absent: None
HEARINGS
HEARING RELATIVE TO AN
OBSOLETE PROPERTY REHABILITATION EXEMPTION (OPRE)
CERTIFICATE FOR 204 OAK STREET
September 27, 2007
The Honorable Mayor James R. DeSana And City Council, City Hall
Re: Obsolete Property Rehabilitation Exemption (OPRE)
Certificate for 204 Oak Street
Dear Mayor and Council,
The Obsolete Property Rehabilitation Review Committee approved
the enclosed recommendation (see Enclosure 1) regarding approval
of the application of ADB Properties, LLC, for an OPRE exemption
certificate for the property at 204 Oak Street.
Also enclosed for your information are a completed OPRE
application (Enclosure 2); a letter from the City Assessor
(Enclosure 3); and a letter from the Deputy Treasurer (Enclosure
4). If approved as recommended, the certificate would provide
tax savings to the developer over a 12-year period as estimated
in Enclosure 5. New personal property would be assessed and
taxed at their full value and millage rate. Additional
information regarding exemption certificates is available on the
City's website under the Community Development Department.
The undersigned recommends that the Council receive and place on
file the enclosures, and concur with the proposed resolution
(Enclosure 6) approving an exemption certificate for 12 years
subject to the terms and conditions included therein.
Very truly yours,
Joseph M. Voszatka, Community Development Director
September 25, 2007
The Honorable Mayor James DeSana And Members of the City Council
3131 Biddle Avenue
Wyandotte, MI 48192
Re: O.P.R.E. Application — 204 Oak Street
Dear Honorable Mayor and City Council:
Attached you will find a spreadsheet listing the current
assessed values along with the current and proposed values
already exempt under P.A. 146 of 2000 (OPRE) and P.A. 198 of
1974 (IFT' s). If granted, the proposed exemptions will exceed
5% of the total taxable value of the City of Wyandotte.
As the City Assessor for the City of Wyandotte it is my
professional opinion that the granting of the Obsolete Property
Rehabilitation Exemption Certificate shall not have the effect
of substantially impeding the operation of the local government
unit or impair the financial soundness of the taxing unit which
levies an ad valorem property tax in the City of Wyandotte.
Should you have any questions, please advise.
Sincerely,
Colleen A. Keehn City Assessor
September 25, 2007
The Honorable James R. DeSana, Mayor and City Council Members
3131 Biddle Avenue
Wyandotte, Michigan 48192
Dear Mayor DeSana and City Council Members,
The Treasurer's Department has reviewed the tax file for the
property located at 204 Oak Street (011-11-0008307). According
to the file on September 25, 2007, there are no delinquent
property taxes owed to the City of Wyandotte.
Should you have any questions, or require any additional
information, please do not hesitate to contact me.
Sincerely,
Robert J. Szczechowski,
Deputy Treasurer/Assistant Finance Director
Tom Bidari, 1860 – 3rd, additional employees will be employed
for construction, etc. Will help improve the surrounding area.
Pat Slack, interior designer, will coordinate interior of said
property.
Wynn Design, Architect, was present.
HEARING RELATIVE TO AN
OBSOLETE PROPERTY REHABILITATION EXEMPTION (OPRE)
CERTIFICATE FOR 1 ST. JOHNS
September 27, 2007
The Honorable Mayor James R. DeSana And City Council
City Hall
Re: Obsolete Property Rehabilitation Exemption (OPRE)
Certificate for 1 St. Johns
Dear Mayor and Council,
The Obsolete Property Rehabilitation Review Committee approved
the enclosed recommendation (see Enclosure 1) regarding approval
of the application of LTW Investments, LLC, for an OPRE
exemption certificate for the property at 1 St. Johns.
Also enclosed for your information are a completed OPRE
application (Enclosure 2); a letter from the City Assessor
(Enclosure 3); and a letter from the Deputy Treasurer (Enclosure
4). If approved as recommended, the certificate would provide
tax savings to the developer over a 12-year period as estimated
in Enclosure 5. New personal property would be assessed and
taxed at their full value and millage rate. Additional
information regarding exemption certificates is available on the
City's website under the Community Development Department.
The undersigned recommends that the Council receive and place on
file the enclosures, and concur with the proposed resolution
(Enclosure 6) approving an exemption certificate for 12 years
subject to the terms and conditions included therein.
Very truly yours,
Joseph M. Voszatka, Community Development Director
September 25, 2007
The Honorable Mayor James DeSana And Members of the City Council
3131 Biddle Avenue
Wyandotte, MI 48192
Re: O.P.R.E. Application — 1 St. Johns
Dear Honorable Mayor and City Council:
Attached you will find a spreadsheet listing the current
assessed values along with the current and proposed values
already exempt under P.A. 146 of 2000 (OPRE) and P.A. 198 of
1974 (IFT's). If granted, the proposed exemptions will exceed 5%
of the total taxable value of the City of Wyandotte.
As the City Assessor for the City of Wyandotte it is my
professional opinion that the granting of the Obsolete Property
Rehabilitation Exemption Certificate shall not have the effect
of substantially impeding the operation of the local government
unit or impair the financial soundness of the taxing unit which
levies an ad valorem property tax in the City of Wyandotte.
Should you have any questions, please advise.
Sincerely,
Colleen A. Keehn City Assessor
September 10, 2007
The Honorable James R. DeSana, Mayor and City Council Members
3131 Biddle Avenue
Wyandotte, Michigan 48192
Dear Mayor DeSana and City Council Members,
The Treasurer's Department has reviewed the tax file for the
property located at 1 St. John's (004-07-004-000). According to
the file on September 10, 2007, there are no delinquent property
taxes.
Should you have any questions, or require any additional
information, please do not hesitate to contact me.
Sincerely,
Robert J. Szczechowski
Deputy Treasurer/Assistant Finance Director
RESOLUTIONS
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
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 Todd Browning
Supported by Councilperson Joseph Peterson
ROLL ATTACHED
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
RESOLVED by the City Council that Council CONCURS in the
recommendation of the City Engineer and Director of
Administrative and Financial Services File # 4429-2007 Parking
Lot Project to accept the bid of S & J Asphalt Paving Company of
Canton, Michigan in the amount of $59,304.00 from Account #
492-200-850-543 with this amount being carried forward to the
2007-2008 Budget year; AND BE IT FURTHER RESOLVED that all bid
bonds be returned to the unsuccessful bidders by the City Clerk
and all bid checks be returned to the unsuccessful bidders by
the City Treasurer; and that the Mayor and City Clerk are
authorized to execute the necessary documents to perform said
work.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Todd Browning
Supported by Councilperson Joseph Peterson
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
NAYS: None
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
RESOLVED by the City Council that Council CONCURS in the
recommendation of the Downtown Development Executive Director as
set forth in her communication dated September 25, 2007 to
approve the budget amendment to line item # 499-200-850-519 in
the amount of $27,884.52 for the purpose of paying the summer
taxes for the former Theatre building at Elm and First and the
Stohl House 2624 Biddle Avenue with funds derived from the
Unrestricted Fund Balance of the Downtown Development Authority.
AND BE IT FURTHER RESOLVED that said budget amendment is taken
from the 2008 Fiscal Year budget.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Todd Browning
Supported by Councilperson Joseph Peterson
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
NAYS: None
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
RESOLVED by the City Council that the communication from the
City Engineer regarding the request from David Aronoff and
Catherine Morris to encroach on the City property be hereby
approved provided that the Grant of License and Hold Harmless
Agreement be executed by both parties; AND BE IT FURTHER
RESOLVED that the Mayor and City Clerk are hereby authorized to
sign said Grant of License and Hold Harmless Agreement; and that
Mr. Aronoff and Ms. Morris pay the recording fee of $24.00 and
the Department of Legal Affairs is hereby directed to record the
Grant of License.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Todd Browning
Supported by Councilperson Joseph Peterson
ROLL ATTACHED
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer regarding the purchase of
sod for the former Wyandotte Theatre Property; AND BE IT FURTHER
RESOLVED that the proposal from Huron Sod Farms of Romulus,
Michigan be retracted in the amount of $2,600.00 and that the
proposal from DeBuck's Sod Farm, Inc. Howell Twp, Michigan be
accepted in the amount of $2,793.00 or $.099 per square yard
from account # 499-200-851-519.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Todd Browning
Supported by Councilperson Joseph Peterson
YEAS: Browning, Fricke, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
RESOLUTION APPROVING AN OBSOLETE PROPERTY REHABILITATION
CERTIFICATE PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF
THE OBSOLETE PROPERTY REHABILITATION ACT, PUBLIC ACT 146 OF THE
STATE OF MICHIGAN OF 2000, AS AMENDED
At a regular meeting of the City Council of the City of
Wyandotte, Wayne County, Michigan, held in the Council Chambers
of said City on the 1st day of October 2007.
RESOLUTION by Councilmember Todd M. Browning
RESOLVED BY THE CITY COUNCIL THAT:
WHEREAS, the City of Wyandotte has been deemed a Qualified Local
Governmental Unit, according to Section 2 (k) of PA 146 of 2000
("PA 146"); and
WHEREAS, pursuant to PA 146, after a duly noticed public hearing
held on January 8, 2007, the City Council by resolution
established Obsolete Property Rehabilitation District No. 7 on
January 8, 2007, as requested by ADB Properties, LLC, and said
District has been deemed an obsolete property according to PA
146; and
WHEREAS, ADB Properties, LLC, owner of realty within said
District, has filed an application for an Obsolete Property
Rehabilitation Exemption Certificate with respect to the
rehabilitation of facilities located in District No. 7; and
WHEREAS, the application is for obsolete property as defined in
PA 146; and
WHEREAS, the application relates to a rehabilitation program
that when completed constitutes a rehabilitated facility within
the meaning of PA 146; and
WHEREAS, the City Council hereby receives and places on file the
recommendation from the City's Obsolete Property Rehabilitation
Exemption Review Committee recommending approval of an exemption
certificate for 12 years subject to terms and conditions
specified therein; and
WHEREAS, before acting on said application, the City Council
held a hearing on October 1, 2007, at the Council Chambers, City
Hall, 3131 Biddle Avenue, at 7:00 p.m., at which hearing the
applicant, the Assessor and a representative of the affected
taxing units, having been given written notice, were afforded an
opportunity to be heard on said application; and
WHEREAS, the rehabilitation of the facility had not occurred
before the establishment of District No. 7 on January 8, 2007;
and
WHEREAS, the applicant has stated in writing that the
rehabilitation of the facility would not be undertaken without
the applicant's receipt of the exemption certificate; and
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Wyandotte, after
granting this certificate, will exceed 5% of an amount equal to
the sum of the SEV of the unit, plus the SEV of personal and
real property thus exempted; and
WHEREAS, said applicant is not delinquent in any taxes related
to the facility; and
WHEREAS, the applicant has supplied an application for a
Certificate and provided all items described in the application
under "Instructions" (a) through (f).
WHEREAS, the scope of the rehabilitation as stated in the
application includes improvements aggregating 10% or more of the
true cash value of the property at commencement of the
rehabilitation; and
WHEREAS, completion of the rehabilitated facility is calculated
to and will at the time of issuance of the certificate, have the
reasonable likelihood to accomplish one or more of the
following: (a) increase commercial activity; (b) create
employment; (c) retain employment; (d) prevent loss of
employment; (e) revitalize urban areas; or (f) increase the
number of residents in the community in which the facility is
situated.
NOW, THEREFORE BE IT RESOLVED BY the City Council of the City of
Wyandotte:
1. The City Council finds and determines that the granting of
the Obsolete Property Rehabilitation Exemption Certificate
considered together with the aggregate amount of certificates
previously granted and currently in force under Act No. 198 of
the Public Acts of 1974, Act No. 255 of the Public Acts of 1978
and Act No. 146 of 2000, shall not have the effect of
substantially impeding the operation of the City of Wyandotte,
or impairing the financial soundness of a taxing unit which
levies ad valorem property taxes in the City of Wyandotte.
2. The application of ADB Properties, LLC, for a Certificate
with respect to the rehabilitation of facilities located on the
following described parcel of real property situated within
Wyandotte Obsolete Property Rehabilitation District No. 7 at 204
Oak Street, Parcel Identification No. 57-011-11-0008-307, be and
the same is hereby approved.
3. The Certificate when issued shall be and remain in force and
effect for a period of twelve (12) years after the effective
date (December 31, 2007).
4. The Obsolete Property Rehabilitation Act, Public Act 146 of
the State of Michigan of 2000, as amended, Section 12, reads as
follows:
The legislative body of the qualified local governmental unit
may, by resolution, revoke the obsolete property rehabilitation
exemption certificate of a facility if it finds that the
completion of rehabilitation of the facility has not occurred
within the time authorized by the legislative body in the
exemption certificate or a duly authorized extension of that
time, or that the holder of the certificate has not proceeded in
good faith with the operation of the rehabilitated facility in a
manner consistent with the purposes of this act and in the
absence of circumstances that are beyond the control of the
holder of the certificate.
Consequently, the City Council finds the following:
A. The rehabilitation shall be completed no later than August
31, 2008, or within a duly authorized extension of that date.
The date of issuance of a Certificate of Conformity shall be
used as the date of completion of the rehabilitated facility.
B. Since the Act has many purposes, including "improved exterior
appearance of buildings" (Section 2(1))", "to levy and collect a
specific tax upon the owners of certain facilities" (Preamble to
the Act), and to prevent blight, the City Council may, by
resolution, revoke a certificate for reasons specified in the
Act and any one or more of the following reasons: (1) exterior
alterations have occurred that are inconsistent with the
originally approved plans, as determined by the OPRE Review
Committee and the City Council; (2) the certificate holder is
delinquent in the payment of any taxes or fees related to the
facility; and (3) a current Certificate of Conformity has not
been obtained and/or maintained for the rehabilitated structure
by the completion dates specified in A above.
5. Not later than September 1 of each year that the exemption
certificate is in effect, the certificate holder must provide in
writing to the City Assessor a current estimate of the number of
jobs retained or created by the exemption so that a report may
be submitted to the State Tax Commission indicating the status
of each exemption, as required under Section 14 of PA 146. Said
report is to be prepared by the City Assessor and must be
submitted to the State Tax Commission no later than October 15
of each year, and must include the current value of the property
to which the exemption pertains, the value on which the obsolete
property rehabilitation tax is based, and any other relevant
information required by said Section 14.
I move the adoption of the foregoing resolution.
Motion by Councilmember Todd Browning
Supported by Councilmember Joseph Peterson
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
NAYS: None
ABSENT: None
RESOLUTION APPROVING AN OBSOLETE PROPERTY REHABILITATION
CERTIFICATE PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF
THE OBSOLETE PROPERTY REHABILITATION ACT, PUBLIC ACT 146 OF THE
STATE OF MICHIGAN OF 2000, AS AMENDED
At a regular meeting of the City Council of the City of
Wyandotte, Wayne County, Michigan, held in the Council Chambers
of said City on the 1st day of October 2007.
RESOLUTION by Councilmember Todd M. Browning
RESOLVED BY THE CITY COUNCIL THAT:
WHEREAS, the City of Wyandotte has been deemed a Qualified Local
Governmental Unit, according to Section 2 (k) of PA 146 of 2000
("PA 146"); and
WHEREAS, pursuant to PA 146, after a duly noticed public hearing
held on May 14, 2007, the City Council by resolution established
Obsolete Property Rehabilitation District No. 8 on May 14, 2007,
as requested by LTW Investments, LLC, and said District has been
deemed an obsolete property according to PA 146; and
WHEREAS, LTW Investments, LLC, owner of realty within said
District, has filed an application for an Obsolete Property
Rehabilitation Exemption Certificate with respect to the
rehabilitation of facilities located in District No. 8; and
WHEREAS, the application is for obsolete property as defined in
section 2(h)(iii) of PA 146; and
WHEREAS, the application relates to a rehabilitation program
that when completed constitutes a rehabilitated facility within
the meaning of PA 146; and
WHEREAS, the City Council hereby receives and places on file the
recommendation from the City's Obsolete Property Rehabilitation
Exemption Review Committee recommending approval of an exemption
certificate for 12 years subject to terms and conditions
specified therein; and
WHEREAS, before acting on said application, the City Council
held a hearing on October 1, 2007, at the Council Chambers, City
Hall, 3131 Biddle Avenue, at 7:00 p.m., at which hearing the
applicant, the Assessor and a representative of the affected
taxing units, having been given written notice, were afforded an
opportunity to be heard on said application; and
WHEREAS, the rehabilitation of the facility had not occurred
before the establishment of District No. 8 on May 14, 2007; and
WHEREAS, the applicant has stated in writing that the
rehabilitation of the facility would not be undertaken without
the applicant's receipt of the exemption certificate; and
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Wyandotte, after
granting this certificate, will exceed 5% of an amount equal to
the sum of the SEV of the unit, plus the SEV of personal and
real property thus exempted; and
WHEREAS, said applicant is not delinquent in any taxes related
to the facility; and
WHEREAS, the applicant has supplied an application for a
Certificate and provided all items described in the application
under "Instructions" (a) through (f).
WHEREAS, the scope of the rehabilitation as stated in the
application includes improvements aggregating 10% or more of the
true cash value of the property at commencement of the
rehabilitation; and
WHEREAS, completion of the rehabilitated facility is calculated
to and will at the time of issuance of the certificate, have the
reasonable likelihood to accomplish one or more of the
following: (a) increase commercial activity; (b) create
employment; (c) retain employment; (d) prevent loss of
employment; (e) revitalize urban areas; or (f) increase the
number of residents in the community in which the facility is
situated.
NOW, THEREFORE BE IT RESOLVED BY the City Council of the City of
Wyandotte:
1. The City Council finds and determines that the granting of
the Obsolete Property Rehabilitation Exemption Certificate
considered together with the aggregate amount of certificates
previously granted and currently in force under Act No. 198 of
the Public Acts of 1974, Act No. 255 of the Public Acts of 1978
and Act No. 146 of 2000, shall not have the effect of
substantially impeding the operation of the City of Wyandotte,
or impairing the financial soundness of a taxing unit which
levies ad valorem property taxes in the City of Wyandotte.
2. The application of LTW Investments, LLC, for a Certificate
with respect to the rehabilitation of facilities located on the
following described parcel of real property situated within
Wyandotte Obsolete Property Rehabilitation District No. 8 at 1
St. Johns, Parcel Identification No. 57-004-07-0004-000, be and
the same is hereby approved.
3. The Certificate when issued shall be and remain in force and
effect for a period of twelve (12) years after the effective
date (December 31, 2007).
4. The Obsolete Property Rehabilitation Act, Public Act 146 of
the State of Michigan of 2000, as amended, Section 12, reads as
follows:
The legislative body of the qualified local governmental unit
may, by resolution, revoke the obsolete property rehabilitation
exemption certificate of a facility if it finds that the
completion of rehabilitation of the facility has not occurred
within the time authorized by the legislative body in the
exemption certificate or a duly authorized extension of that
time, or that the holder of the certificate has not proceeded in
good faith with the operation of the rehabilitated facility in a
manner consistent with the purposes of this act and in the
absence of circumstances that are beyond the control of the
holder of the certificate.
Consequently, the City Council finds the following:
A. The rehabilitation shall be completed no later than June 30,
2008, or within a duly authorized extension of that date. The
date of issuance of a Certificate of Conformity shall be used as
the date of completion of the rehabilitated facility.
B. Since the Act has many purposes, including "improved exterior
appearance of buildings" (Section 2(/))", "to levy and collect a
specific tax upon the owners of certain facilities" (Preamble to
the Act), and to prevent blight, the City Council may, by
resolution, revoke a certificate for reasons specified in the
Act and any one or more of the following reasons: (1) exterior
alterations have occurred that are inconsistent with the
originally approved plans, as determined by the OPRE Review
Committee and the City Council; (2) the certificate holder is
delinquent in the payment of any taxes or fees related to the
facility; and (3) a current Certificate of Conformity has not
been obtained and/or maintained for the rehabilitated structure
by the completion dates specified in A above.
5. Not later than September 1 of each year that the exemption
certificate is in effect, the certificate holder must provide in
writing to the City Assessor a current estimate of the number of
jobs retained or created by the exemption so that a report may
be submitted to the State Tax Commission indicating the status
of each exemption, as required under Section 14 of PA 146. Said
report is to be prepared by the City Assessor and must be
submitted to the State Tax Commission no later than October 15
of each year, and must include the current value of the property
to which the exemption pertains, the value on which the obsolete
property rehabilitation tax is based, and any other relevant
information required by said Section 14.
I move the adoption of the foregoing resolution.
Motion by Councilmember Todd Browning
Supported by Councilmember Joseph Peterson
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
NAYS: None
ABSENT: None
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
RESOLVED by the City Council that a City Employee has expressed
a desire to meet in closed session to discuss his job
performance and the City Engineer has expressed a desire to meet
in closed session to discuss acquisition and/or lease of real
property. 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 Todd Browning
Supported by Councilperson Joseph Peterson
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
NAYS: None
Wyandotte, Michigan October 1, 2007
RESOLUTION by Councilperson Todd Browning
RESOLVED by the City Council that the total bills and accounts
in the amount of $279,183.87 as presented by the Mayor and City
Clerk are hereby APPROVED for payment.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Todd Browning
Supported by Councilperson Joseph Peterson
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
NAYS: None
ADJOURNMENT
MOTION by Councilman Todd Browning
Supported by Councilman Joseph Peterson
That we adjourn.
Carried unanimously.
Adjourned at 7:35 p.m.
October 1, 2007
___________________________________
William R. Griggs, City Clerk
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