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Mayor's
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City of Wyandotte, Michigan
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Minutes - April 21,
2008 |
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Wyandotte, Michigan April 21, 2008
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
April 17, 2008
Dear Mayor & Councilmembers
I do request to perform beautification work on a City easement
located at Biddle and North Drive (Gas Station Area). I would be
willing to sign a hold harmless.
Jonathan A. Hocking
8620 Stout Ave
Grosse Ile, MI 48138
April 11, 2008
Mayor James DeSana and Council City of Wyandotte
3131 Biddle Avenue
Wyandotte, MI 48192
Dear Mayor DeSana and Council Members:
On behalf of The Guidance Center, I thank the City of Wyandotte
for your support of our valued programs and services with a gift
of $3,000.00. In the wake of protracted economic downturn and the
scarcity of external funding available to The Guidance Center,
funds from the City of Wyandotte and other local communities will
have an immediate impact on the low income clients we help from
your municipality.
As you know, The Guidance Center has built a strong reputation
around providing quality care to those in our County suffering
from mental illness. The Guidance Center is true to its core
mission: to enhance the development and mental well-being of
children, adults, families and communities through the delivery of
creative, innovative and quality programs. Services are delivered
with excellence and professionalism in an atmosphere of caring,
hope and respect. These guiding principles ensure that children
and families have the best possible opportunity to lead healthy,
successful lives. Last year our professional staff serviced
approximately 17,000 individuals.
Again, thank you for helping us as we continue to make a
difference in the lives of the City of Wyandotte residents. If you
have further questions, please feel free to contact Fran
Waszkiewicz, Development Officer, at (734) 785-7705 ext. 7153.
Sincerely,
Michael Lott
Chief Executive Officer
The Guidance Center is a 501 ©3 private, non-profit organization
PERSONS IN THE AUDIENCE
Jonathan Hocking, 8620 Stout, Grosse Ile, Michigan, regarding
beautification of the City’s north end.
Len Milewski, 1891 – 16th, regarding encroachment on City
property.
Tiffany & Patrick VandeHay, 16 Kreger, regarding “Wyandotte” being
ranked #9 for fishing destinations in the country.
COMMUNICATIONS FROM CITY AND OTHER OFFICIALS
April 15, 2008
Mayor James R. DeSana and City Council Members City of Wyandotte
3131 Biddle Ave.
Wyandotte, MI 48192
RE: LAW DAY PROCLAMATION
LAW DAY ON MAY, 1 2008
Dear Mayor DeSana and City Council Members,
In 1958 President Eisenhower proclaimed the first Law Day a "day
of national dedication to the principle of government under law."
It is only fitting that we celebrate the milestone 50th
anniversary of Law Day with the American Bar Association (ABA) Law
Day 2008 fundamental theme, The Rule of Law: Foundation for
communities of Opportunity and Equity.
Throughout the years, Law Day has engaged the public in discussion
on relevant issues that focused on enhancing knowledge of our
governmental structure and legal process.
The rule of law refers to a system in which the government is
accountable under the law. This system is based on fair, clear,
publicized, and stable laws that protect fundamental rights. These
laws are enacted, administered, and enforced by a process that is
accessible, fair, and efficient. The laws are upheld by diverse,
competent, independent, and ethical law enforcement officials,
advocates, and judges. This foundation is essential to foster
sustainable communities of opportunity and equity.
The Law Day 2008 theme explores the meaning of the rule of law,
while fostering public understanding of the rule of law by
discussing its role in society and explaining how it is essential
in sustaining a free society.
The rule of law is not just a matter of concern to lawyers and
judges; it affects people from all walks of life and in all fields
of endeavor: clergy, teachers, workers, physicians, journalists,
engineers, architects, public safety officials, military leaders,
human rights advocates, environmentalists, and others. It is
essential that all of us care about the rule of law and strive to
be active participants in the civic life of our community. By
initiating dialogue on the rule of law during this Law Day 2008
celebration, together we will learn about the principles and
values that characterize the rule of law and how it matters in the
everyday lives of Americans and others throughout the world.
I am requesting that you adopt the enclosed Proclamation that
proclaims Thursday, May 1, 2008, as Law Day in the City of
Wyandotte. This proclamation urges the citizens, schools,
businesses, legal professionals, and media of the City of
Wyandotte to use this occasion to preserve and strengthen the rule
of law.
Randy L. Kalmbach
27th Chief District Court Judge
April 16, 2008
The Honorable James R. DeSana, Mayor and City Council Members
3131 Biddle Avenue
Wyandotte, Michigan 48192
Dear Mayor DeSana and City Council Members,
Attached you will find for your review and approval is an
Employment Agreement between the City of Wyandotte and Frederick
E. Pischke for the position of Recreation Superintendent. The
undersigned was directed to negotiate an employment agreement with
Mr. Pischke per the April 14, 2008, resolution from the Recreation
Commission which is also attached. Mr. Pischke's application for
employment and resume are also included for your review.
The attached employment agreement will be for a three (3) year
term and is to commence on May 5, 2008.
The undersigned recommends that the attached resolution be adopted
which authorizes the Mayor and City Clerk to enter into this
agreement.
Sincerely,
Todd A. Drysdale, Director of Financial and Administrative
Services
April 21, 2008
Mayor James DeSana and City Council, City of Wyandotte
Michigan
Dear Mayor DeSana and City Council Members:
At a special meeting of the Wyandotte Recreation Commission held
on Monday, April 21, 2008, the Commission voted unanimously to
recommend to your honorable body that Frederick E. Pischke be
appointed as Recreation Superintendent.
Chapter VII, Section 40 of the City Charter states, “The public
recreation commission shall have the power to appoint or designate
someone to act as superintendent who is trained and properly
qualified for the work”.
Your concurrence of this recommendation would be greatly
appreciated.
Sincerely yours,
Margaret Loya, President, Recreation Commission
April 16, 2008
The Honorable Mayor & Council City of Wyandotte
3131 Biddle Avenue
Wyandotte, Michigan 48192
Honorable Mayor and City Council,
Enclosed herewith is a copy of a resolution passed by the
Municipal Service Commission at its regular meeting of April 8,
2008. Resolution is as follows: 1. Authorization for Wyandotte
Municipal Services to join the Michigan Public Power Agency.
Very truly yours,
City of Wyandotte
WYANDOTTE MUNICIPAL SERVICES
Melanie L. McCoy General Manager
April 15, 2008
Mayor and City Council, City of Wyandotte
3131 Biddle Avenue, Wyandotte, MI 48192
Dear Honorable Mayor and City Council Members:
SUBJECT: TRAFFIC CONTROL ORDER 2008-004
The Traffic Bureau forwarded a recommendation for the following:
"Handicap Parking" sign installation at 1882-6th Street, Wyandotte
Concluding review and in concurrence with Sergeant Pouliot, this
letter serves as a recommendation for Council support of Traffic
Control Order 2008-004 as specified on said order.
If there are any additional questions, please feel free to contact
my office at extension 4424.
Sincerely,
Daniel J. Grant Chief of Police
April 16, 2008
Honorable Mayor and City Council
City of Wyandotte
3131 Biddle Avenue
Wyandotte, MI 48192
Dear Mayor and City Council Members:
Please consider the following request for a budget amendment by
the DDA, proposed and acted upon by the DDA for City Council
approval at their meeting of March 10, 2008. The amount requested
will come from the fund balance. Minutes are not yet approved but
are attached here. Staff uses the overtime to man special events
and to take minutes at DDA meetings after hours.
Overtime- Staffing for Special Events: It was moved by Mayor
DeSana and supported by Gilbert Rose and carried that the Downtown
Development Authority forward the request to City Council to take
$3,000 for H Thiede Overtime expenses from the DDA fund balance.
It was moved by Rose supported by Walker to recommend approval of
a budget amendment to the City Council for $379 for accompanying
FICA expenses. This amount would be taken from the DDA fund
balance.
Please consider the amendments for approval. The DDA fund balance
has sufficient funds to cover these expenditures in the
appropriate line items at this time.
Sincerely,
Lisa Hooper, AICP CMSM
Executive Director
Downtown Development Authority
To: Honorable Mayor and City Council
From: Department of Legal Affairs
Date: April 15, 2008
Dear Mayor and City Council:
The massage establishment ordinance which is up for a second
reading tonight requires the City Council to adopt the license
fees for this ordinance. Attached is a resolution to the set the
annual fees for a massage establishment and for a massagist.
Respectfully submitted,
Department of Legal Affairs
Look, Makowski and Look, Professional Corporation
William R. Look
April 17, 2008
Honorable Mayor James R. DeSana and Members of the City Council
3131 Biddle Avenue
Wyandotte, MI 48192
Dear Mayor DeSana and City Council Members:
On April 8, 2008, Governor Granholm signed House Bill 4215,
enacting Public Act 96 of 2008. In short, the amendment allows a
homeowner a second Principal Residence Exemption for up to three
years as long as their home is for sale. An owner may receive the
Principal Residence Exemption if the former homestead is not
occupied, is for sale, is not leased, and is not used for any
business or commercial purpose.
The opportunity to apply and qualify for a conditional rescission
begins for the 2008 tax year and is not retroactive to previous
tax years. To qualify for the conditional rescission in 2008, a
form must be filed with the City Assessor's office before May 1,
2008.
If you have any questions regarding conditional rescissions,
please feel free to contact the Assessor’s Office at (734)
324-4510.
Sincerely,
Colleen A. Keehn, City Assessor
April 17, 2008
The Honorable Mayor James R. DeSana And City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
Enclosed is an Amendment to the Antenna Site License Agreement for
Cingular Wireless, PCS, LLC and the City of Wyandotte at 365
Hudson. Cingular will be adding six (6) tower mounted amplifiers
with an increase of $300.00/per month rent.
The City Attorney has reviewed the Agreement and I recommend that
Mayor and City Clerk be authorized to sign said Amendment.
Very truly yours,
Mark A. Kowalewski, City Engineer
April 17, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor and Council Members:
Attached please find Purchase Agreement for the City to acquire
the following property:
3149 Biddle $350,000.00 DDA Area Funds — Commercial Building
If this meets with your approval, I recommend that the Department
of Legal Affairs be directed to prepare the necessary sale
documents and the Mayor and Clerk be authorized to execute same. I
further recommend that the undersigned be directed to explore the
possibility of leasing said building until a decision is made on
the City Hall/Municipal Services possible future relocations
Very truly yours,
Mark A. Kowalewski City Engineer
April 17, 2008
The Honorable Mayor James R. DeSana And City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
Enclosed is an Amendment to the City's Contract with Riverview for
Landfilling Solid Waste. The Amendment lowers and adjusts the
city's categories. This also freezes the rate through November 1,
2010 and extends the Contract.
Enclosed is the look back charge for the municipal customers
including a fee of $7,842.04 which will not be charged to
Wyandotte based on adoption of the Amendment. This contract has
been reviewed by the City Attorney.
Very truly yours,
Mark A. Kowalewski City Engineer
April 15, 2008
The Honorable Mayor
and City Council
City Hall
Wyandotte, Michigan 48192
Dear Mayor and Council Members:
Please find attached list of services performed by the City of
Wyandotte that have not yet been paid. The services were adjusted
to include a minimum charge of thirty dollars ($30.00). In
accordance with Section 222 of the City Charter, said charges
should be placed as a special assessment against property.
Very truly yours,
Mark A. Kowalewski City Engineer
April 16, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
Please find attached the Snow Removal for the Central Business
District, which was performed by the City of Wyandotte. In
accordance with Section 32-53 through Section 32-55 of the City
Charter, it is the undersigned's recommendation that said service
be levied on the property in the same manner as other City taxes.
Very truly yours,
Mark A. Kowalewski City Engineer
April 17, 2008
The Honorable Mayor James DeSana And Council Members
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
The Department of Engineering has met with G. V. Cement
Contracting Co. in regards to extending their contract for
concrete street replacement work at various locations in the City
of Wyandotte. Mr. Gaspare Vitale, Owner of G.V. Cement, has
indicated that they can perform the 2008 Concrete Street
Replacement Program at the unit rates set forth in the contract
with the City for the 2005 Concrete Street Replacement Program,
File #4349. This contract also includes unit rates for water main
installation. Mr. Vitale has indicated that they can perform the
2008 Water Main Installation Program at the unit rates set forth
in the contract with the City, plus 15%. The Wyandotte Municipal
Services has agreed to this extension as set forth in the attached
letter from Melanie McCoy, General Manager. The conditions of the
contract extension would be as set forth in the attached Amendment
to Contract.
The street reconstruction work will be funded from TWA Street Fund
Account 492-200.825.460 ($338,200). The water main replacement
work will be funded by Municipal Services Capital Budget Account
592-000-100-020-001 Project #08WMM7 ($123,500).
The undersigned recommends that this contract extension be
approved.
Mark A. Kowalewski City Engineer
April 17, 2008
The Honorable Mayor James DeSana And Council Members
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
The Department of Engineering has met with G. V. Cement
Contracting Co. in regards to extending their contract for
concrete street repair work at various locations in the City of
Wyandotte. Mr. Gaspare Vitale, Owner of G.V. Cement has indicated
that they can perform the 2008 Concrete Street Repair Program at
the unit rates set forth in the contract with the City for the
2005 Concrete Street Repair Program, File #1366. The conditions of
the contract extension would be as set forth in the attached
Amendment to Contract.
The work will be funded from Act 51 Major Street Fund Account
202-440-825.460 ($50,500), Act 51 Local Street Fund Account
203-440-825.460 ($5,000), and TWA Street Fund Account
492-200.825.460 ($20,500).
The undersigned recommends that this contract extension be
approved.
Very truly yours,
Mark A. Kowalewski City Engineer
April 17, 2008
The Honorable Mayor James R. DeSana And City Council Members
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
Attached is the Neighborhood Enterprise Zone Application for the
following properties:
190 St. Johns 760 2nd Street
The attached resolution will authorize the City Clerk to execute
said applications.
Very truly yours,
Mark A. Kowalewski City Engineer
April 17, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor and Council Members:
Attached please find Purchase Agreement for the City to acquire
the following properties:
848 Lincoln $1.00 TIFA Area Funds — Single Family Dwelling
632 Garfield $1.00 TIFA Area Funds — Single Family Dwelling
2324 Biddle $165,000.00 TIFA Area Funds — Single Family Dwelling
If this meets with your approval, I recommend that the Department
of Legal Affairs be directed to prepare the necessary sale
documents and the Mayor and Clerk be authorized to execute same. I
further recommend that the undersigned be authorized to demolish
the property at 2324 Biddle and 632 Garfield and investigate the
possibility of resale of the home at 848 Lincoln.
Very truly yours,
Mark A. Kowalewski City Engineer
LATE ITEM
April 4, 2008
Mayor and City Council, City of Wyandotte
3131 Biddle Avenue
Wyandotte, MI 48192
Dear Honorable Mayor and City Council Members:
SUBJECT: TRAFFIC CONTROL ORDER 2008-003
The Traffic Bureau forwarded a recommendation for the following:
“No Parking” on the west side of 7th Street south of Eureka to the
driveway located at 705 Eureka
30 minute parking on the west side of 7th Street from the driveway
to the alley way
30 minute parking on east side of 7th Street south of Eureka to
the alley
Concluding review and in concurrence with Sergeant Pouliot, this
letter serves as a recommendation for Council support of Traffic
Control Order 2008-003 as specified on said order.
If there are any additional questions, please feel free to contact
my office at extension 4424.
Sincerely,
Daniel J. Grant, Chief of Police
AUTOMATIC REFERRALS:
1. Communication from the Wayne County Department of Environment's
Land Resource Management Division announcing their countywide
Household Hazardous Waste collection scheduled for Saturday, June
7, 2008 from 8:00 a.m. to 2:00 p.m. at Romulus Civic Center 11111
Wayne Road at Goddard just south of I-94 Wayne road exit. All HHW
items will be accepted at no cost from Wayne County residents
only.
REPORTS AND MINUTES AND CASH RECEIPTS
Financial Services Daily Cash Receipts $166,980.50
Electrical Board of Appeals April 7, 2008
Police Commission Meeting March 25, 2008
Wyandotte DDA Design Committee April 8, 2008
Tax Increment Finance Authority April 15, 2008
Brownfield Redevelopment Authority February 19, 2008
Retirement Commission April 16, 2008
CITIZEN PARTICIPATION
Elaine Sammons, 224 Walnut, and Elaine Kramer, 2623 -1st, were
present regarding final reading of ordinance on massage
establishments and their objections to certain portions.
RECESS
RECONVENING
ROLL CALL
Present: Councilpersons Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
Absent: None
HEARING
HEARING RELATIVE TO AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
FOR MERCURY MANUFACTURING COMPANY
1212 GROVE STREET, WYANDOTTE
No objections.
April 17, 2008
The Honorable Mayor James R. DeSana And City Council
City Hall
Re: Industrial Facilities Exemption Certificate – Mercury
Manufacturing Company, 1212 Grove Street
Dear Mayor and Council,
The enclosed resolution approves the application filed by the
Mercury Manufacturing Company, 1212 Grove Street, for a 12-year
Industrial Facilities Exemption Certificate in Industrial
Development District No. 21 (Enclosure 1). The application applies
to the addition of approximately $65,300 of real property and
$297,100 of personal property, for a total estimated investment of
approximately $362,400. Final approval is still required by the
State Tax Commission.
Also included is a proposed Letter of Agreement (Enclosure 2)
between the applicant and the City in accordance with the City's
"Review Policy for Agreement Paybacks and Transfer Penalties
Associated with Industrial Facilities Exemption Certificates"
adopted by the Council on October 9, 2006.
The undersigned recommends that the Council adopt the following
resolution (Enclosure 3).
Very truly yours,
Todd A. Drysdale, Director of Financial and Administrative
Services
April 16, 2008
Honorable Mayor James R. DeSana and City Council Members
3131 Biddle Ave.
Wyandotte MI 48192
RE: Industrial Facilities Exemption filed by Mercury Manufacturing
1212 Grove St, Wyandotte, with an estimated cost of $362,400.
Dear Honorable Mayor and Council,
Attached please find a brief analysis of values from the 2008
Assessment Roll. Please note that the granting of
this certificate will exceed five (5) percent of an amount equal
to the sum of the SEV of the City ple the SEV of the personal and
real property thus exempted. The estimated percent is 6.54%.
As the City Assessor for the City of Wyandotte it is my
professional opinion that the granting of the Industrial
Facilities Exemption Certificate, considered together with the
aggregate amount of previously granted exemptions and those
currently in force, shall not have the effect of substantially
impeding the operation of the local government unit or impairing
the financial soundness of a taxing unit which levies an Ad
Valorem property tax in the City of Wyandotte.
Should you have any questions please don't hesitate to contact me.
Sincerely,
Colleen A. Keehn, City Assessor
FINAL READING OF ORDINANCE
AN ORDINANCE ENTITLED
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF
WYANDOTTE BY REPEALING THE CURRENT CHAPTER 22 ENTITLED "MASSAGE
PARLORS" IN ITS ENTIRETY AND TO ADOPT A NEW CHAPTER 22 ENTITLED
"MASSAGE ESTABLISHMENT AND OUTCALL MASSAGE SERVICE"
THE CITY OF WYANDOTTE ORDAINS:
Section 1. Repeal of the current Chapter 22, entitled "Massage
Parlors" and adoption of a new Chapter 22, entitled "Massage
Establishment and Outcall Massage Service".
The current Chapter 22 of the Code of Ordinances of the City of
Wyandotte (Article I through Article III) is hereby repealed in
its entirety and replaced by the following Ordinance.
Sec. 22-1. Definitions.
For the purpose of the provisions of this chapter, the following
words and phrases shall be construed to have the meanings herein
set forth, unless it is apparent from the context that a different
meaning is intended:
Employee means any person other than a massagist, who renders any
service in connection with the operation of a massage business and
receives compensation from the operator of the business or
patrons.
Licensee means the person to whom a license has been issued to own
or operate a massage establishment as defined herein.
Massage means the treating of external parts of the body for
remedial or hygienic purposes, consisting of stroking, kneading,
rubbing, tapping, pounding, vibrating, or stimulating with the
hands or with the aid of any mechanical electrical apparatus or
appliances with or without such supplementary aids as rubbing
alcohol, liniments, antiseptics, oils, powder, creams, lotions,
ointment or other such similar preparations commonly used in the
practice of massage, under such circumstances that it is
reasonably expected that the person to whom the treatment is
provided with pay money therefor.
Massage establishment/massage parlor means any establishment which
engages in the practice of massage as defined herein, and which
has a fixed place of business where any person, firm, association
or corporation carries on any of the activities as defined herein.
Massage establishment includes a health club, health spa, or any
physical fitness club or business that offers massages on occasion
or incidental to its principal operation.
Massagist/masseur/masseuse means any person who, for any
consideration whatsoever, engages in the practice of massage as
defined herein.
Outcall massage service means any business, the function of which
is to engage in or carry on massages at a location designated by
the customer or client rather than at a massage establishment as
defined herein, only as permitted by the terms of this
ordinance(see Sec. 22-21(e)).
Patron means any person 18 years of age or over who receives a
massage under such circumstances that it is reasonably expected
that he or she will pay money or be given any other consideration
therefor.
Permittee means the person to whom a permit has been issued to act
in the capacity of a massagist (masseur or masseuse) as herein
defined.
Person means any individual, partnership, firm, association, joint
stock company, corporation or combination of individuals of
whatever form or character.
Prostitution means engaging in sexual activity as a business
including:
(1) The fondling or other erotic touching of human genitals, pubic
region, buttocks or female breasts;
(2) Acts of human masturbation, sexual intercourse or sodomy, or
(3) Homosexual and other deviate sexual relations.
Recognized school/massage school means any school or educational
institution licensed to do business as a school or educational
institution in the state in which it is located, or any school
recognized by or approved by or affiliated with the American
Massage and Therapy Association, Inc. and which has for its
purpose the teaching of the theory, method, profession, or work of
massage.
Sexual or genital area means genitals, pubic area, buttocks, anus,
or perineum of any person, or the vulva or breasts of a female.
Student means any person who, under the guidance of an instructor
in a massage school, is being trained or instructed in the theory,
method or practice of massage.
Sec. 22-2. License and Permit Required.
(a) No person shall operate a massage establishment without first
obtaining a license from the city.
(b) Massagist’s permit required. No person shall practice massage
as a massagist, whether at a
massage establishment or as an outcall service within the City of
Wyandotte, unless he has a valid and subsisting massagist's permit
issued to him by the city pursuant to the provisions of this
Ordinance.
(c) It shall be the responsibility of an owner, operator, manager
or licensee hereunder to insure that each person employed or
engaged by him in said business as a massagist shall have a valid
massagist permit pursuant to this Ordinance.
Sec. 22-3. Exemptions.
This Ordinance shall not apply to the following individuals while
engaged in the personal performance of the duties of their
respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths, or physical
therapists who are fully licensed to practice their respective
professions in the State of Michigan.
(2) Nurses who are registered under the laws of the State of
Michigan.
(3) Barbers and cosmetologists who are duly licensed under the
laws of the State of Michigan except that this exemption shall
apply solely to the massaging of the neck, face, scalp and hair of
the customer for cosmetic or beautifying purposes.
(4) In any prosecution for violation of this ordinance, the
foregoing exemptions shall constitute affirmative defenses and it
shall be incumbent upon the defendant to show that he/she or the
place involved are not subject to the provisions of this
ordinance. Nothing herein contained shall be deemed to shift the
burden of proof of the violation to the defendant.
Sec. 22-4. Application for massage establishment license.
Every applicant for a license to maintain, operate or conduct a
massage establishment shall file an application under oath with
the city clerk's office upon a form provided by the city and pay a
nonrefundable application investigation fee. Such fee shall be set
by city council resolution. The application shall contain the
following information:
(1) A definition of service to be provided.
(2) The location, mailing address and all telephone numbers where
the business is to be conducted.
(3) The name and residence address of each applicant.
(a) If applicant is a corporation, the names and residence
addresses of each of the officers and directors of said
corporation and of each stockholder owning more than ten percent
of the stock of the corporation, the address of the corporation
itself, if different from the address of the massage
establishment, and the name and address of a resident agent in
Wayne County, Michigan.
(b) If applicant is a partnership or LLC, the names and residence
addresses of the partners and the partnership itself, and address
of the members and of the LLC itself if different from the address
of the massage establishment, and the name and address of a
resident agent in Wayne County, Michigan.
(4) The two previous addresses immediately prior to the present
address of the applicant.
(5) Proof that the applicant is at least 18 years of age.
(6) Provide the name, height, weight, color of eyes and hair, and
sex of each employee (individual massagist, masseur, masseuse).
(7) Copy of identification such as driver's license and social
security card of each individual listed in paragraph six(6).
(8) Business, occupation, or employment of the applicant for the
three years immediately preceding the date of application.
(9) The massage or similar business history of the applicant;
whether such person, in previously operating in this or another
city or state has had a business license revoked or suspended, the
reason therefor, and the business activity or occupation
subsequent to such action of suspension or revocation.
(10) All criminal convictions of all employees other than
misdemeanor traffic violations, including the dates of
convictions, nature of the crimes and place convicted.
(11) The name, address and a diploma or certificate of graduation
from a recognized school or other institution of learning wherein
the method, profession and work of massage is taught, provided for
each massagist who is or will be employed in said establishment.
(12) Applicant must furnish a diploma or certificate of graduation
from a recognized school or other institution of learning wherein
the method, profession and work of massage is taught, provided,
however that if the applicant will not himself engage in the
practice of massage as defined herein, he need not possess such
diploma or certificate of graduation from a recognized school or
other institution of learning wherein the method, profession and
work of massage is taught.
(13) The name and address of any massage business or other
establishment owned or operated by any person whose name is
required to be given in subsection 3(a)(b) wherein the business or
profession of massage is carried on.
(14) A description of any other business to be operated on the
same premises or on adjoining premises owned, leased, or
controlled by the applicant.
(15) Authorization for the city, its agents and employees to seek
information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications of
the applicant for the permit.
(16) Such other identification and information necessary to
discover the truth of the matters herein before specified as
required to be set forth in the application.
(17) The names, current addresses and written statements of at
least three bona fide permanent residents of the United States
that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the
city, then the county, then the State of Michigan and lastly from
the rest of the United States. These references must be persons
other than relatives and business associates.
(18) All information required by this section shall be provided at
the applicant's expense.
Upon the completion of the above provided form and the furnishing
of all foregoing information the city shall accept the application
for the necessary investigations. The holder of a massage
establishment license shall notify the city of each change in any
of the data required to be furnished by this section within ten
days after such change occurs.
Sec. 22-5. Application for Massagist's Permit.
Every applicant for a permit as a massagist, masseur or masseuse
shall file an application under oath with the city clerk's office
upon a form provided by the city and pay a nonrefundable
application investigation fee to be set by city council
resolution.
The application shall contain the following information:
(1) The business address and all telephone numbers where the
massage is to be practiced.
(2) Name and residence address, and all names, nicknames and
aliases by which the applicant has been known, including the two
previous addresses immediately prior to the present address of the
applicant.
(3) Social security number, driver's license number, if any, and
date of birth.
(4) Applicant's weight, height, color of hair and eyes, and sex.
(5) Written evidence that the applicant is at least 18 years of
age.
(6) A complete statement of all convictions of the applicant for
any felony or misdemeanor or violation of a local ordinance,
except misdemeanor traffic violations.
(7) The name and address of the recognized school attended, the
dates attended and a copy of the diploma or certificate of
graduation awarded the applicant. For persons presently employed
as a masseur or masseuse in the city, this section shall not apply
until 60 days after adoption of this ordinance; present employment
shall be established by sworn affidavit from the employer, after
which time such person must be actively engaged, enrolled, or
participating in a course of study designed to fulfill the
requirements of this section and which is certified by an official
of the approved school. The burden of establishing such active
engagement, enrollment or participation shall be upon the person
seeking a permit herein. For persons not so employed, this section
shall be effective upon passage of the ordinance and permits for
any persons shall be revoked 60 days after adoption of this
section unless those persons presently employed are pursuing the
study set forth by that date.
(8) The massage or similar business history and experience ten
years prior to the date of application, including but not limited
to whether or not such person was previously operating in this or
another city or state under license or permit, has had such
license or permit denied, revoked, or suspended and the reasons
therefor, and the business activities or occupations subsequent to
such action of denial, suspension or revocation.
(9) A medical certificate signed by a physician, licensed to
practice in the State of Michigan, within ten days of the date of
the application. The certificate shall state that the applicant is
free of communicable disease.
(10) Such other information, identification and physical
examination of the person deemed necessary by the police chief in
order to discover the truth of the matters hereinbefore required
to be set forth in the application.
(11) Authorization for the city, its agents and employees to seek
information and conduct an investigation into the truth of the
statements set forth in the application and the qualifications of
the applicant for the permit.
(12) Written declaration by the applicant, under penalty of
perjury, that the foregoing information contained in the
application is true and correct, said declaration being duly dated
and signed in the city.
(13) All information required by this section shall be provided at
the applicant's expense.
Sec. 22-6. License or Permit Procedures.
(a) Any applicant for a license or permit pursuant to this
Ordinance shall present to the city clerk's office the application
containing the aforementioned and described information. The
application shall be referred to the chief of police who shall
have 30 days in which to investigate the application and the
background of the applicant. Based on such investigation, the
chief of police, or his representative shall render a
recommendation as to the approval or denial of the permit to the
city clerk.
(b) The chief of police shall recommend denial or approval of an
application for license or permit. In making his determination
hereunder, the chief of police shall consider:
(1) Penal history. All applicant's convictions, the reasons
therefor, and the demeanor of the applicant subsequent to his
release.
(2) License and permit history. The license and permit history of
the applicant; whether such person was previously operating in
this city or state, or in another state under a license or permit,
and had such license or permit revoked or suspended; the reasons
therefor; and the demeanor of the applicant subsequent to such
action.
(c) The divisions of inspection, including but not limited to, the
building inspector, electrical inspector, plumbing inspector, the
police department, and the fire department shall inspect the
premises proposed to be devoted to the massage parlor or similar
business, and shall make within 30 days of the inspection
recommendations to the city clerk concerning compliance with the
requirements of this ordinance, and all other applicable city
ordinances and regulations. If the appli¬cant has already obtained
a valid Certificate of Occupancy and Certificate of Compliance
prior to the passage of this ordinance, then an inspection by the
building, electrical and plumbing inspectors is not required as
set forth above.
Sec. 22-7. Issuance of License or Permit for a Massage
Establishment.
The city clerk shall issue a license for a massage establishment
or a permit for a massagist, masseur or masseuse if all
requirements for a massage establishment or massagist permit
described in this Ordinance are met, unless it finds:
(1) The correct permit or license fee has not been tendered to the
city and in the case of a check, or bank draft, honored with
payment upon presentation.
(2) The operation, as proposed by the applicant, if permitted,
would not comply with all applicable laws, including, but not
limited to, the city's building, zoning and health regulations.
(3) The applicant, if an individual, or any of the stockholders
holding more than ten percent of the stock (or membership interest
if a LLC) of the corporation; or any of the officers or directors
if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; or
the holder of any lien, of any nature, upon the business; or the
manager or other person principally in charge of the operation of
the business, have been convicted of any of the following offenses
within or without of the State of Michigan:
a. An offense involving the use of force and violence upon the
person of another that amounts to a felony.
b. An offense involving sexual misconduct.
c. An offense involving narcotics, dangerous drugs or dangerous
weapons that amounts to a felony.
The city clerk may issue a license or permit to any person
convicted of any crimes described in subsections (a), (b) or (c)
of this section if it finds that such conviction occurred at least
five years prior to the date of the application and the applicant
has had no subsequent felony convictions of any nature and no
subsequent misdemeanor convictions for crimes mentioned in this
section.
(4) The applicant has knowingly made any false or fraudulent
statement of fact in the permit application or in any document
required by the city in conjunction therewith or have failed to
provide the requested information.
(5) The applicant has had a massage business, massagist, or other
similar permit or license denied, revoked, or suspended by the
city or any other similar permit or license denied, revoked, or
suspended by the city or any other state or local agency within
five years prior to the date of the application.
(6) The applicant, if an individual, or any of the officers and
directors, (or members if a LLC) if the applicant is a
corporation; or any of the partners, including limited partners,
if the applicant is a partnership; or the manager or other person
principally in charge of the operation of the business, is not age
18 years or older.
(7) The applicant does owe any taxes, fees or costs to the City of
Wyandotte.
Sec. 22-8. Approval or Denial of Application.
The city clerk shall act to approve or deny an application for a
license or permit under this Ordinance within a reasonable period
of time and in no event shall he act to approve or deny said
license or permit later than 90 days from the date that said
application was accepted by the city clerk's office.
Every license or permit issued pursuant to this Ordinance shall be
valid for one year and must be renewed as required by this
Ordinance.
An applicant denied a license, pursuant to these provisions, may
appeal to the city council in writing, stating reasons why the
license should be granted. The city council may grant, deny or
suspend a license or permit after an appeal hearing.
Sec. 22-9. Posting of License.
(a) Every massagist shall post the permit required by this
Ordinance in his/her work area.
(b) Every individual, corporation, partnership, or association
licensed under this Ordinance shall display such license in a
prominent place.
Sec. 22-10. Records of Employees and Patrons.
(a) The licensee or the person designated by the licensee of a
massage establishment shall maintain a register of all persons
employed or engaged as massagists. Included in the register will
be a copy of each massagist permit. Such register shall be
available at the massage establishment to representatives of the
city during regular business hours.
(b) Every patron shall furnish proof of identity by showing a
valid driver's license, voter registration certificate or similar
identification.
Sec. 22-11. Revocation or Suspension of License.
Any license issued for a massage establishment by the city may be
revoked or suspended after notice and a hearing, for good cause,
or in any case where any of the provisions of this Ordinance are
violated or where any employee of the licensee, including a
massagist is engaged in any conduct which violates any of the
state or local laws or ordinances at licensee's place of business.
Such permit may also be revoked or suspended, after notice and
hearing, upon the recommendations of the health inspector that
such business is being managed, conducted or maintained without
regard to proper sanitation and hygiene.
Sec. 22-12. Revocation of Massagist Permit.
A massagist, masseur or masseuse permit issued by the city may be
revoked or suspended, after notice and hearing, where it appears
that the massagist, masseur or masseuse has been convicted of any
offense which would be cause for denial of a permit upon an
original application, has made a false statement on an application
for a permit, or has committed an act in violation of this
Ordinance.
Sec. 22.13. Renewal of License.
Application to renew a license to operate a massage establishment
or similar business or a massagist's permit shall be filed at
least 15 days prior to the date of expiration. Such renewal shall
be annual and shall be accompanied by the annual fee.
(1) The applicant shall present the following information to the
city clerk's office.
a. A sworn affidavit by the applicant stating that the matters
contained in the original application have not changed, or if they
have changed, specifically stating the changes which have
occurred.
b. A signed statement from a medical or osteopathic doctor stating
that the applicant for a massagist’s license has been examined
within the prior 90 days and found to be free from any contagious
or communicable disease which is likely to be communicated during
the administration of a massage.
(2) The application shall be referred to the chief of police who
shall investigate the criminal history of the applicant and any
employees holding permits as massagist since the grant of the
original license and the results of any inspection of the premises
during the preceding year.
Sec. 22-14. Facilities Necessary.
No license to conduct a massage establishment shall be issued
unless inspectors of the city reveal that the establishment
complies with each of the following minimum requirements:
(1) All provisions of the city building, plumbing, fire,
electrical and health codes have been fulfilled. If the applicant
has already obtained a valid Certificate of Occupancy and
Certificate of Compliance prior to the passage of this ordinance,
then an inspection by the building, electrical, and plumbing
inspectors is not required with the filing of the application.
(2) A representative and readable sign shall be posted at the main
entrance identifying the establishment as a massage establishment,
and all signs shall comply with the sign requirements of the city.
(3) There shall be no entrance or exit way which provides direct
access to another type of business residence or living quarters.
(4) During business hours the premises shall remain open and no
exits, entrances or secondary doorways shall be locked or
obstructed in any way to prevent the immediate free ingress or
egress of persons.
(5) Minimum ventilation shall be provided in accordance with the
state construction code.
(6) Minimum lighting shall be provided in accordance with the
state construction code, and in addition at least one artificial
light of not less than 60 watts shall be provided in each enclosed
room or booth where massage services are performed.
(7) Adequate bathing, dressing, locker, and toilet facilities
shall be provided for patrons. A minimum of one tub or shower, one
dressing room and, if clothing and personal property is not kept
with the patron, a separate locker for each patron to be served,
which shall be capable of being locked, as well as a minimum of
one toilet and one wash basin shall be provided. However, if male
and female patrons are to be served simultaneously at the
establishment, separate massage rooms and separate dressing,
bathing, and toilet facilities shall be provided for male and
female patrons.
(8) Construction of rooms used for toilets, steam baths and
showers shall be made waterproof with approved waterproofed
materials and shall be installed in accordance with the city
building code. Plumbing fixtures shall be installed in accordance
with the city plumbing code.
a. Steam rooms and shower compartments shall have waterproof
floors, walls and ceilings.
b. Floors of wet and dry heat rooms shall be adequately pitched to
one or more floor drains properly connected to the sewer.
c. A source of hot water must be available within the immediate
vicinity of dry and wet heat rooms to facilitate cleaning.
(9) The premises shall have adequate equipment for disinfecting
and sterilizing nondisposable instruments and materials used in
administering massages. Such nondisposable instruments and
materials shall be disinfected after use on each patron.
(10) Closed cabinets shall be provided and used for the storage of
clean linen, towels and other materials used in connection with
administering massages. All soiled linens, towels and other
materials shall be kept separate from the clean storage areas. No
common use of towels or linens shall be permitted.
(11) A minimum of one separate washbasin shall be provided in each
massage parlor for the use of employees of any such establishment,
and the basin shall provide soap or detergent and hot and cold
water at all times, and shall be located within or as close as
practicable to the area devoted to the performing of massage
services. In addition, there shall be provided at each washbasin
sanitary towels placed in permanently installed dispensers.
Sec. 22-15. Operating Requirements.
(a) Every portion of the massage establishment, including
appliances and apparatus, shall be kept clean and operated in a
sanitary condition.
(b) Price rates for all services shall be prominently posted in
the reception area in a location available to all prospective
customers.
(c) The premises shall not be made available for accommodating any
person as sleeping quarters. No beds, water mattresses, cots, or
equipment designed for sleeping shall be permitted on the
premises.
(d) No massage shall be performed in a private room which is
completely closed off to the view of other persons nor fitted with
a door capable of being locked or barred. Reasonable measures may
be used to offer privacy to patrons such as partitions, walls,
curtains and the like.
(e) All employees, including massagists and other employees
attending patrons, shall be clean and wear clean uniforms covering
the torso. Such uniforms shall be nontransparent and of washable
material and shall be kept in a clean condition. Such clothing
shall cover the person's pubic area, perineum, buttocks, natal
cleft and the entire chest to four inches below the collarbone,
and legs not exposed more than two inches above the knees.
(f) All massage establishments shall be provided with clean
laundered sheets and towels in sufficient quantity and shall be
laundered after each use thereof and stored in a sanitary manner.
(g) No massage establishment granted a license under the
provisions of this ordinance shall place, publish, or distribute
or cause to be placed, published, or distributed any
advertisement, picture, or statement which is known or through the
exercise of reasonable care should be known to be false, deceptive
or misleading in order to induce any person to purchase or utilize
any professional massage services.
Sec. 22-16. Persons Under Age 18 Prohibited on Premises.
No person shall permit any person under the age of 18 years to
come or remain on the premises of any massage business
establishment, as massagist, employee, or patron, unless such
person is on the premises on lawful business.
Sec. 22-17. Alcoholic Beverages Prohibited.
No person shall sell, give, dispense, provide or keep, or cause to
be sold, given, dispensed, provided or kept, any alcoholic
beverage on the premises of any massage business.
Sec. 22-18. Hours.
No massage business shall be kept open for any purposes between
the hours of 2:00 a.m. and 8:00 a.m.
Sec. 22-19. Employment of Massagist.
No person shall employ as a massagist any person unless said
employee has obtained and has in effect a permit issued pursuant
to this Ordinance.
Sec. 22-20. Inspections.
The Chief of Police or police officer or other authorized
inspectors from the city shall from time to time make inspection
of each massage business establishment for the purposes of
determining that the provisions of this Ordinance are fully
complied with. It shall be unlawful for any licensee to fail to
allow such inspection officer access to the premises or hinder
such officer in any manner.
Sec. 22-21. Unlawful Acts.
(a) It shall be unlawful for any person, in a massage
establishment, to place his or her hand or hands upon, to touch
with any part of his or her body, to fondle in any manner, or to
massage, a sexual or genital part of any other person. Sexual or
genital parts shall include the genitals, pubic area, buttocks,
anus, or perineum of any person, or the vulva or breasts of a
female.
(b) It shall be unlawful for any person, in a massage
establishment, to expose his or her sexual or genital parts, or
any portion thereof, to any other person. It shall also be
unlawful for any person, in a massage establishment, to expose the
sexual or genital parts, or any portions thereof, of any other
person.
(c) It shall be unlawful for any person, while in the presence of
any other person in a massage establishment, to fail to conceal
with a fully opaque covering, the sexual or genital parts of his
or her body.
(d) It shall be unlawful for any person owning, operating or
managing a massage establishment, any agent, employee, or any
other person under his control or supervision to perform such acts
prohibited in subsections (a) or (b) of this section.
(e) It shall be further unlawful for any permittee under this
Ordinance to administer a massage on an outcall basis as defined.
Such person shall administer a massage solely within an
establishment licensed to carry on such business under this
Ordinance. Any violation of these provisions shall be deemed
grounds for revocation of the permit granted hereunder. The
restriction on outcall massage shall not apply to a permittee who
performs outcall massage as defined herein upon a customer or
client who because of reasons of physical defects or incapacities
or due to illness is physically unable to travel to the massage
establishment. If any outcall massage is performed under this
exception, a record of the date and hour of each treatment, and
the name and address of the customer or client, and the name of
the employee administering such treatment and the type of
treatment administered, as well as the nature of the physical
defect, incapacity or illness of said client or customer shall be
kept by the licensee or person or employee designated by the
licensee. Such records shall be open to inspection by officials
charged with the enforcement of public health laws. The
information furnished or secured as a result of any such
inspection shall be confidential. Any unauthorized disclosure or
use of such information by an employee of the business or the city
shall be unlawful.
(f) It shall be unlawful for any massage service to be performed
within any cubicle, room, booth, or any area within a massage
establishment which is fitted with a door capable of being locked.
Sec. 22-22. Sale, Transfer or Change of Location.
Upon sale, transfer or relocation of a massage establishment, the
license therefore shall be null and void unless approved as
provided by this Ordinance. It shall be the duty of all owners or
licensees having knowledge of the sale, transfer or relocation of
a massage establishment, to immediately report such sale, transfer
or relocation to the city clerk's office. The failure to do so
shall result in an immediate suspension of all business.
Sec. 22-23. Name and Place.
No person granted a license pursuant to this Ordinance shall
operate the massage establishment under a name not specified in
their license, nor shall they conduct business under any
designation or location not specified in their license.
Sec. 22-24. Transfer of License.
No license or permit shall be transferable except with the consent
of the city clerk and ratified by the city council of the city. An
application for such transfer shall be in writing and shall be
accompanied by fees provided by city council resolution. The
written application for such transfer shall contain the same
information as requested herein for initial application for the
license or permit.
Sec. 22-25. Violation and Penalty.
Any person, except those who are specifically exempted by this
Ordinance, whether acting as an individual, owner, employees of
the owner, operator or employee of the operator, or whether acting
as a mere agent or independent contractor for the owner, employee
or operator, or acting as a participant or worker in any way
directly or indirectly who gives massages or operates a massage
establishment or any service defined in this Ordinance without
first obtaining a license or permit and paying a fee to do so from
the city or shall violate any provisions of this Ordinance shall
be responsible for a municipal civil infraction and upon a
determination of responsibility is subject to a fine not less then
Twenty-Five ($25.00) Dollars and not more than Five Hundred
($500.00) Dollars for each violation and is subject to all other
remedies allowed by law including the provision of Sec. 23.5-7 of
the Code of Ordinances for the City of Wyandotte. If any person
commits a second offense, or a subsequent violation of this
Ordinance, such a violation constitutes a misdemeanor punishable
by a fine not exceeding Five Hundred ($500.00) Dollars and/or
imprisonment not exceeding ninety (90) days provided the
authorized city official issues an appearance ticket (and not a
municipal civil infraction citation or notice) and marks it as a
misdemeanor. However, nothing herein requires the authorized city
official to charge a repeat offense of this Ordinance by the same
person as a misdemeanor.
Sec. 22-26. Applicability of Regulations to Existing Businesses.
The provisions of this Ordinance shall be applicable to all
persons and businesses described herein, whether the herein
described activities were established before or after the
effective date of this Ordinance, and including person or persons
whose application is presently under consideration or
investigation by the city.
Section 2. Severability.
(a) If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
(b) All ordinances in conflict herewith are hereby repealed.
(c) This Ordinance shall be in full force and effect from and
after its passage, provided, however, any person, partnership,
corporation, or association engaged in the business or profession
of massage, at the time of the enactment of this Ordinance shall
have 60 days in which to comply with the licensing provisions of
this Ordinance.
Section 3. Effective Date.
This Ordinance shall take effect fifteen (15) days from the date
of its passage by the Wyandotte City Council, and the ordinance or
a summary of said Ordinance shall be published in a newspaper
generally circulated in the City of Wyandotte within ten (10) days
after adoption. The summary shall designate the location in the
City where a true copy of the Ordinance can be inspected or
obtained.
On the question, "SHALL THIS ORDINANCE NOW PASS?", the following
vote was recorded:
YEAS: Councilpersons Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
ABSENT: None
I hereby approve the adoption of the foregoing ordinance this 21st
day of April, 2008.
CERTIFICATE
We, the undersigned, JAMES R. DESANA and WILLIAM R. GRIGGS,
respectively the Mayor and City Clerk of the City of Wyandotte, do
hereby certify that the foregoing Ordinance was duly passed by the
Council of the City of Wyandotte, at a regular session thereof on
Monday, the21st day of April, 2008.
Dated April 21, 2008
JAMES R. DESANA, Mayor
WILLIAM R. GRIGGS, City Clerk
RESOLUTIONS
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
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 Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that the request from Jonathan A.
Hocking dated April 17, 2008 relative to undertaking a
beautification project at the North end of Wyandotte on Biddle
Avenue is hereby referred to the Beautification Commission for a
review and report back.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by City Council that the communication from Michael Lott,
Chief Executive Officer, Guidance Center dated April 11, 2008
thanking the City of Wyandotte for their support of their valued
programs and services in the amount of $3,000 is hereby received
and placed on file.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that WHEREAS, this country was
founded on the principle that voluntary adherence to the rule of
law expands, rather than limits, the opportunities for freedom;
and Whereas a viable democracy requires understanding of the
nature and basis of our freedoms and recognition of the individual
responsibilities which those freedoms impose; and WHEREAS the Law
Day 2008, fiftieth anniversary theme of The Rule of Law:
Foundation for Communities of Opportunity and Equity encourages us
all to examine the rule of law, our role in its sustainability,
and its role in protecting our communities, our democracy,
opportunity, equity, and all that is most precious to us. NOW
THEREFORE, I, James R. DeSana, Mayor of the City of Wyandotte, do
hereby proclaim, Thursday, May 1, 2008, as Law Day. I urge the
citizens, schools, businesses, local professionals, and media of
the City of Wyandotte to use this occasion to preserve and
strengthen the rule of law. IN WITNESS WHEREOF, I have hereunto
set my hand this 21st day of April in the year of our Lord two
thousand and eight, and of the Independence of the United States
of American, the two hundred and thirty-second.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council acknowledges the
communication from the Director of Financial and Administrative
Services dated April 16, 2008 relative to the Employment Agreement
with Frederick E. Pischke for the position of Recreation
Superintendent and hereby CONCURS with the agreement as set forth
for the term of three (3) years. AND BE IT FURTHER RESOLVED that
the Mayor and City Clerk are directed to sign said agreement with
a commencement date of May 5, 2008 and be it further resolved that
the execution of this agreement shall be contingent upon
successful completion of a physical, drug screen, and background
examination.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby APPROVES the
recommendation from the Wyandotte Recreation Commission as set
forth in their communication dated April 21, 2008 to appoint
Frederick E. Pischke as Recreation Superintendent.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the Municipal Service Commission as set forth in
their resolution dated April 8th, 2008 to accept the invitation
for membership in the Michigan Public Power Agency.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby CONCURS in
Traffic Control Order 2008-004 for the placement of handicap
Parking Signs at 1882-6th Street Wyandotte as set forth by the
Chief of Police in his communication dated April 15, 2008. AND BE
IT FURTHER RESOLVED that the Department of Public Service be
directed to install same.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that WHEREAS, Downtown Development
Authority staff member Heather Thiede requires the use of overtime
hours to staff special events and to take minutes at DDA meetings
after regular office hours. THEREFORE BE IT RESOLVED that the City
Council CONCURS with and approves the Downtown Development
Authority recommendation to approve a budget amendment to take
$3,000 for Heather Theide's overtime expenses from the DDA fund
balance. AND FURTHER that the City Council CONCUR with and approve
the Downtown Development Authority recommendation to amend the
budget and to take $379.00 from the DDA fund balance for
associated overtime FICA expenses.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke Kolakowski Peterson Ptak
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that the annual license fee for a
massage establishment shall be the sum of $500.00. AND BE IT
FURTHER RESOLVED that the annual fee for a massagist as permittee
shall be the sum of $100.00.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that the communication from the City
Assessor dated April 17, 2008 relative to House Bill 4215,
enacting Public Act 96 of 2008 regarding the amendment to allow a
homeowner a second principal residence exemption for up to three
years is hereby received and placed on file. AND BE IT FURTHER
RESOLVED that the City Assessor inform the citizens of said
amendment through the cable system.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby APPROVES the
amendment to the Antenna Site License Agreement with Cingular
Wireless, PCS, LLC for the 365 Hudson Street location as presented
by the City Engineer on April 21, 2008; AND BE IT FURTHR RESOLVED
that the Mayor and City Clerk are hereby authorized to execute
said Amendment on behalf of the City.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire the property at
3149 Biddle Avenue in the amount of $350,000.00 to be appropriated
from DDA Area Funds; AND BE IT RESOLVED that the Department of
Legal Affairs is hereby directed to prepare the necessary
documents and the Mayor, City clerk and City Attorney, William R.
Look, are hereby authorized to sign said documents; and further
that the Director of Financial and Administrative Services be
directed to prepare the necessary budget amendment from DDA fund
balance to acquire this property; AND BE IT FURTHER RESOLVED that
the City Engineer be directed to explore the possibility of
leasing said building until a decision is made on the City
Hall/Municipal Services possible future relocation.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that the Amendment to the contract
for the Riverview Landfill as presented by the City Engineer at
the April 21, 2008, City council Meeting is hereby APPPROVED and
the Mayor and City Council are authorized to sign said Contract
Amendment; AND BE IT FURTHER RESOLVED that it is understood that
the first sentence of Paragraph 9 Contract Re-Opener is understood
to mean, "after October 31, 2014".
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCURS in the
recommendation as set forth in the City Engineer's communication
and hereby refers said communication to the City Assessor and
directs the City Assessor to levy various charges performed by the
City in accordance with Section 222 of the City Charter as a
special assessment against the property.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCURS in the
recommendation of the City Engineer in his communication dated
April 16, 2008, regarding the Snow Removal for the Central
Business District, and hereby directs the City Assessor to spread
said charges on the tax rolls against said properties.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer to amend the 2005 Concrete
Street Replacement Program File # 4349 contract with G.V. Cement
Contracting Company, to include the 2008 Concrete Street
Replacement Program amendment to Contract for this work, and
further, authorizes the Mayor and City Clerk to sign said
amendment; FURTHER that the street replacement work will be funded
from TIFA Street Fund Account # 492-200.825.460 ($338,200). The
request to amend the water main replacement program is referred to
the City Engineer to provide quantitative information on the
amendment.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer to amend the 2005 Concrete
Street Repair Program File # 4366 contract with G.V. Cement
Contracting Company to include the 2008 Concrete Street Repair
Program as set forth in the Amendment To Contract for this work,
and further, authorizes the Mayor and City Clerk to sign said
amendment; FURTHER the work will be funded from Act 51 Major
Street Fund Account 202-440-825.460 ($50,500), Act 51 Local Street
Fund Account 203-440-825.460 ($5,000) and TIFA Street Fund Account
492-200.825.460 ($20,500).
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer dated April 10, 2008,
regarding the Application for Neighborhood Enterprise Zone for the
property at 190 St. Johns, and 760-2nd Street; AND BE IT FURTHER
RESOLVED that the City Clerk is hereby authorized to execute said
applications for 12 year Neighborhood Enterprise Zone
Certificates.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire the property at 848
Lincoln in the amount of $1.00 to be appropriated from TIFA Area
Funds; AND BE IT RESOLVED that the Department of Legal Affairs is
hereby directed to prepare the necessary documents and the Mayor ,
City Clerk and City Attorney, William R. Look, are hereby
authorized to sign said documents; AND BE IT FURTHER RESOLVED that
the City Engineer is directed to investigate the possibility of
rehabilitation of home for resale with a report back to City
Council.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire the property at 632
Garfield in the amount of $1.00 to be appropriated from TIFA Area
Funds; AND BE IT RESOLVED that the Department of Legal Affairs is
hereby directed to prepare the necessary documents and that the
Mayor, City Clerk and City Attorney, William R. Look, are hereby
authorized to sign said documents; AND FURTHER that the City
Engineer is directed to DEMOLISH same upon completion of the
Wyandotte Historical Commission inspection of the home as it
pertains to the preservation of historical and cultural items for
the City of Wyandotte.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council CONCUR with the
recommendation of the City Engineer to acquire the property at
2324 Biddle avenue in the amount of $165,000.00 to be appropriated
from TIFA Area Funds; AND BE IT RESOLVED that the Department of
Legal Affairs is hereby directed to prepare the necessary
documents and the Mayor, City Clerk and City Attorney, William R.
Look, are hereby authorized to sign said documents; AND FUTHER
that the City Engineer is directed to DEMOLISH same upon
completion of the Wyandotte Historical Commission inspection of
the home as it pertains to the preservation of historical and
cultural items for the City of Wyandotte.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that Council hereby CONCURS in
Traffic Control Order 2008-003 for the placement of "No Parking"
signs on the west side of 7th Street south of Eureka to the
driveway located at 705 Eureka. AND FURTHER 30 minute parking on
the west side of 7th Street from the driveway to the alley way;
AND FURTHER 30 minute parking on east side of 7th Street south of
Eureka to the alley. AND BE IT FURTHER RESOLVED that the
Department of Public Service be directed to install same.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
ROLL ATTACHED
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that the request from Barb and
Leonard Milewski of 1891-16th Street to occupy 1'8" of the
easement directly east of their property with a garage is hereby
approved subject to review and approval by the City Engineer and
City Attorney. The Milewskis are responsible for any recording fee
for the revised easement.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
RESOLUTION APPROVING THE APPLICATION OF MERCURY MANUFACTURING
COMPANY FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR A
NEW FACILITY WITHIN WYANDOTTE INDUSTRIAL DEVELOPMENT
DISTRICT NO. 21
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that:
WHEREAS, pursuant to Michigan Public Act 198 of 1974, as amended,
and after a duly noticed public hearing held on the 24th day of
May 2004, this Council by Resolution established Wyandotte
Industrial Development District No. 21 covering the property
commonly known as 1212 Grove Street, 3817-13'1' Street, 3855-13th
Street, and 3841-13th Street; and
WHEREAS, on March 12, 2008, the City Clerk received an application
for an Industrial Facilities Exemption Certificate from the
Mercury Manufacturing Company, 1212 Grove Street, for a new
facility consisting of real and personal property improvements
within Wyandotte Industrial Development District No. 21; and
WHEREAS, by Resolution adopted March 31, 2008, the City Council
directed the City Clerk to notify the Assessor, applicant, and the
legislative body of each taxing unit which levies ad valorem taxes
on the property located within Wyandotte Industrial Development
District No. 21 and to publish notice in the Wyandotte News Herald
that the application for an Industrial Facilities Exemption
Certificate would be considered at a meeting of the City Council
on April 21, 2008, at 7:00 P.M. local time in the Council Chambers
at Wyandotte City Hall, and that an opportunity to be heard would
be provided to the Assessor, the applicant and to the
representative of each of the bodies so notified along with any
other taxpayer or resident of the City of Wyandotte; and
WHEREAS, during a regular meeting of the City Council held on
April 21, 2008, the applicant, the Assessor, a representative of
the affected taxing units and any taxpayer or resident of the City
of Wyandotte were afforded an opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. That this City Council finds:
a. That commencement of the restoration, replacement, or
construction of the facility occurred not earlier than six months
before the filing of the application for the Industrial Facilities
Exemption Certificate.
b. That the application relates to a construction program, which
when completed will constitute a new facility within the meaning
of Michigan Public Act 198 of 1974, as amended, and will be
situated in Wyandotte Industrial Development District No. 21.
c. That the completion of the facility is calculated to and will
at the time of issuance of the Certificate have the reasonable
likelihood to retain, create or prevent loss of employment within
the City of Wyandotte.
d. That the application received by the City Clerk on March 12,
2008, applies to real property improvements estimated at $65,300
and personal property improvements estimated at $297,100.
e. That the aggregate State Equalized Valuation of real and
personal property exempt from ad valorem taxes within the City of
Wyandotte, after granting of this Certificate, will exceed five
(5) percent of an amount equal to the sum of the State Equalized
Valuation of the City plus the State Equalized Valuation of the
personal and real property thus exempted. The City Council
specifically finds that the granting of the exemption applied for
will not substantially impede the operation of the City of
Wyandotte, or impair the financial soundness of a taxing unit
which levies ad valorem property taxes in the City of Wyandotte.
2. That the Mayor and City Clerk are hereby authorized to execute
the Industrial Facilities Tax Exemption Certificate Letter of
Agreement between the Mercury Manufacturing Company and the City
of Wyandotte, a copy of which is attached to the application.
3. If the owner or lessee of a facility for which an industrial
facilities exemption certificate is in effect relocates that
facility outside of the industrial development district or plant
rehabilitation district during the period in which the industrial
facilities exemption certificate is in effect, the owner or lessee
is liable to the local governmental unit from which it is leaving,
upon relocating, for an amount equal to the difference between the
industrial facilities tax to be paid by the owner or lessee of
that facility for that facility for the tax years remaining under
the industrial facilities exemption certificate that is in effect
and the general ad valorem property tax that the owner or lessee
would have paid if the owner or lessee of that facility did not
have an industrial facilities exemption certificate in effect for
those years. If the local governmental unit determines that it is
in its best interest, the local governmental unit may forgive the
liability of the owner or lessee under this subsection. The
payment provided in this subsection shall be distributed in the
same manner as the industrial facilities tax is distributed.
4. The application of the Mercury Manufacturing Company for an
Industrial Facilities Exemption Certificate situated within
Wyandotte Industrial Development District No. 21, City of
Wyandotte, County of Wayne, and State of Michigan, be and the same
is hereby approved subject to the condition set forth in item
number 3 above.
5. The Industrial Facilities Exemption Certificate when issued
shall be and remain in force and effect for a period of twelve
(12) years.
I move the adoption of the foregoing preamble and resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilpersons Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
ABSENT: None
Wyandotte, Michigan April 21, 2008
RESOLUTION by Councilperson Joseph Peterson
RESOLVED by the City Council that the total bills and accounts in
the amount of $1,588,703.29 as presented by the Mayor and City
Clerk are hereby APPROVED for payment.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
ADJOURNMENT
MOTION by Councilperson Joseph Peterson
Supported by Councilperson Todd Browning
That we adjourn.
Carried unanimously.
Adjourned at 9:00 p.m.
April 21, 2008
_____________________________
Maria Johnson, Deputy City Clerk
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