City Council

1 September 16, 2024 CITY OF WYANDOTTE REGULAR CITY COUNCIL MEETING A Regular Session of the Wyandotte City Council was held in Council Chambers and via Virtual Telecommunication methods, due to COVID-19 in accordance with Wayne County Local Public Health Department “Guidance for Meetings of Governmental Bodies” and PA228 of 2020, using the Zoom Audio platform, on Monday, September 16, 2024 and was called to order at 7:00pm with Honorable Mayor Robert A. DeSana presiding. The meeting began with the Pledge of Allegiance followed by roll call. Present: Mayor Robert A. DeSana, Councilpersons Robert Alderman, Christopher Calvin, Kaylyn Crayne, Todd Hanna, Rosemary Shuryan, Kelly Stec ABSENT: NONE Also Present: Theodore Galeski, City Assessor; Todd Browning, City Treasurer; William R. Look, City Attorney; Jesus Plasencia, City Engineer; and Lawrence Stec, City Clerk PRESENTATIONS PRESENTATION OF PETITIONS • Beautification Commission – Annual Home & Business Beautification Awards PUBLIC HEARING • Show Cause Hearing – 1757 4th Street o Meeting adjourned until the 1st meeting of March 2025 (6 mos.) due to sale of the property to new owner. UNFINISHED BUSINESS 2024-271 RESPONSE TO CITIZEN COMM. – BARRICADES ON OAK- M. BARBEITO By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the citizen communication received from the City Engineer regarding the recommendation not to place concrete barricades along Oak Street near the railroad tracks be received and placed on file. Motion unanimously carried. CALL TO THE PUBLIC CONSENT AGENDA 2024-272 MINUTES By Councilperson Crayne, supported by Councilperson Alderman RESOLVED that the minutes of the meeting held under the date of August 26, 2024, be approved as recorded without objection. Motion unanimously carried. 2024-273 2024-2025 YACK ARENA CONCESSION STAND LEASE By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the Council concurs with the recommendation of the Superintendent of Recreation to award a one-year contract to operate the Yack Arena Concession Stand for the 2024-2025 ice season to Mohamed Motahhar, in the amount of $3,000, provided the proper insurance is placed on file in the City Clerk's Office and all stipulations are adhered to as outlined in said lease; AND BE IT FURTHER RESOLVED that the Council authorizes the Mayor and City Clerk to sign said lease agreement on behalf of the City of Wyandotte Motion unanimously carried. 2 September 16, 2024 2024-274 CITY WIDE SHRED DAY – OCTOBER 5, 2024 By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that City Council approves Shred Day on October 5, 2024, between 9 AM and Noon in the City Hall Parking Lot. Motion unanimously carried. 2024-275 POLISH ARMY VETERANS POST 95 PROCESSION REQUEST By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that Council grants permission to Polish Army Veterans Post 95 to hold a procession from Our Lady of the Scapular Church to Pulaski Park (via West on Superior to 12th St., and North on 12th St. to Pulaski Park) on Sunday, October 13, 2024 at approximately 1:30PM. BE IT FURTHER RESOLVED that this resolution be forwarded to the Police Department for coordination of police escort. Motion unanimously carried. 2024-276 CITY OF WYANDOTTE 4TH OF JULY PARADE 2025 By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the City Council approves the request of the Special Event Coordinator for the road closure for the City of Wyandotte Independence Day Parade scheduled for Friday, July 4th 2025. In accordance with provision of Act #200 of the Public Acts of 1969 of the State of Michigan, please request the Public Works Department to close Biddle Avenue for the Independence Holiday Parade from 8 am to 12 noon on July 4, 2025. The parade will necessitate closing Biddle Avenue from Ford to Plum. Traffic to be rerouted northbound Third to Ford, southbound on Fourth from Ford. The Chief of Police is requested to apply to the Wayne County Office of Public Service for a road closing permit; he should be designated and authorized to sign said street closing permit document on behalf of the City of Wyandotte. Responsibility for all damage claims which may arise from the road closing must be assumed by the City of Wyandotte. The Fire Department should also be notified of this event to reroute emergency vehicles. Motion unanimously carried. 2024-277 WYANDOTTE STREET ART FAIR 2025 By Councilperson Crayne, supported by Councilperson Alderman WHEREAS Council approves the scheduling of July 9-12, 2025, as the official dates for the 2025 Wyandotte Street Art Fair and the closure of Biddle Avenue, from Oak to Eureka, from Sunday, July 7, starting at 12:01 AM through Monday, July 14, 8 AM, to hold said event. BE IT RESOLVED that Council designates the Chief of Police to apply to the Wayne County Office of Public Service for a road closing permit and is authorized to sign said street closing permit document on behalf of the City of Wyandotte and that the City of Wyandotte assumes responsibility for all damage claims which may arise from the road closing; AND BE IT FURTHER RESOLVED that the Department of Public Service, WFD, & WPD shall be notified that north- and south-bound traffic will be rerouted on Third Street with detours at Oak Street and Eureka and all truck traffic shall be rerouted to M-85 (Ford Street) via Eureka or Ford (Northline) for placement of signage and to reroute emergency vehicles; AND BE IT FURTHER RESOLVED that Council grants the following permissions: 1. Use of city sidewalks to be used during the Art Fair only, July 9-12 (inclusive of set up and tear down dates), with permission to extend only to those merchants who have been issued a permit by the Art Fair Committee/Special Events Office. Merchants are not authorized to sub-contract their space and enforcement of this policy should be authorized by the Wyandotte Police Department under Ordinance 32-1. Sidewalks to be closed are as follows: Biddle Avenue, Eureka to Chestnut Street Oak Street, Van Alstyne to Third Street 3 September 16, 2024 Elm Street, Van Alstyne to Third Street Maple Street, Van Alstyne to Third Street Sycamore Street, Van Alstyne to Third Street Eureka Road, Van Alstyne to Third Street First Street, Oak to Maple 2. Use of the waterfront parking lot #1 for patron parking. Funds from this lot are to return to the non- profit/organization with a percentage to be donated to the Wyandotte Street Art Fair. 3. Use of Maple Street from Biddle to Second street to be used for emergency vehicle parking only. No businesses, merchants, vendors will be allowed to set up any booths, tents, tables, chairs, etc. at any time from July 8-12th 2025. 4. Use of the grassy lot at Elm & First Street for vendors, entertainment and arts and crafts. Participants are authorized by the Wyandotte Street Art Fair Committee/Staff. 5. Use of Elm from the alley to Biddle Avenue and First Street from Oak to Elm for the display and sale of handmade craft items as authorized by the Wyandotte Street Art Fair Committee/Staff. 6. Use of Parking Lot #9 (Northwest corner of 2nd Street and Maple) from July 9-12, 2025, to be used for crafter/vendor parking. All vendors that will use this lot will have parking passes noting their participation in the event. 7. Use of Parking Lot #11 for a non-profit group/organization from July 9-12, 2025, as a parking lot with a fee. Funds from this lot are to return to the non-profit/organization, with a small percentage to be donated to the Wyandotte Street Art Fair. 8. Use of the Wyandotte City Hall Parking Lot (the area closest to Third Street) from July 9-12,2025, as a parking lot with a fee for the benefit of a non-profit organization with a small percentage to be donated to the Wyandotte Street Art Fair. 9. Use of Biddle Avenue, from Eureka to Plum Street, as a designated parking area, under the control of a non-profit organization, subject to approval and coordination of the Department of Legal Affairs, Engineering Dept., Special Events Coordinator and Police Department. 10. Use of 20 spaces in the city lot across from the Wyandotte Center for the Arts at 81 Chestnut, during the fair to be used for patron parking from July 9-12, 2025. 11. Use of the Yack Arena Parking Lot at 3131 3rd Street to be used for overnight parking by vendors, trailers and vehicles from July 8th - 12th 2025. Motion unanimously carried. 2024-278 SKIP CLACK FISHING DERBY 2025 By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the City Council approve the request of the Special Event Coordinator to approve the use of the Bishop Park Fishing Pier and grassy area near the pier for the Fishing Derby, to be held June 7th 2025. 1. The 37th Annual Wyandotte Skip Clack Fishing Derby at the Bishop Park fishing pier from 8 a.m. to 1 p.m. The area should have the grass cut, clean trash cans, holes filled with dirt in the area and the pier should be power washed, patched or fixed if needed the Friday prior to the event date. Signage noting the fishing pier will be closed to the public on June 7th 2025 from 8 am - 1 pm for the City of Wyandotte Fishing Derby should be placed at the pier's entrance the Friday before the events date/start. Motion unanimously carried. 2024-279 CITY OF WYANDOTTE CHRISTMAS PARADE / TREE LIGHTING 2025 By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the City Council approves the request of the Special Events Coordinator for the road closure and use of city property. The parade will necessitate closing Biddle Avenue from Ford to Plum. Traffic to be rerouted northbound Third to Ford, southbound on Fourth from Ford from 8 am to 12 pm on November 15th 2025. The Chief of Police is requested to apply to the Wayne County Office of Public Service for a road closing permit; he should be designated and authorized to sign said street closing permit document on 4 September 16, 2024 behalf of the City of Wyandotte. Responsibility for all damage claims which may arise from the road closing must be assumed by the City of Wyandotte. The Fire Department should also be notified of this event to reroute emergency vehicles. The Department of Public Service and Police Department is requested to close Sycamore Street from Biddle Avenue to the Coastal Thai Restaurant on November 14th from 12 to 9 pm, and from 5-9 pm using a police vehicle to block traffic at Biddle Avenue. Motion unanimously carried. 2024-280 SPECIAL EVENTS REQUEST: TRUNK OR TREAT - WPD By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that City Council approves the use of City property for the Wyandotte Police Department Trunk or Treat event to be held from 5-9 pm on October 11, 2024, in the City Hall Parking lot at 3200 Biddle Avenue, the portion closest to Sycamore Street- with the chance to use the portion of the parking lot by 3rd street for overflow of vehicles participating. October 11th 2024 5-9 pm - event to go from 6-9 pm Permission to use the City Hall parking lot at 3200 Biddle Avenue - the portion closest to Sycamore Street. With the chance to use the portion of the parking lot by 3rd street for overflow of vehicles participating. 250+ people will be in attendance. Barricades to be placed around the parking lot that will be put up before the events start and taken down after the event ends. BE IT FURTHER RESOLVED that this event has been reviewed and approved by the appropriate internal departments. Motion unanimously carried. 2024-281 SPECIAL EVENTS APP: WYANDOTTE BOAT CLUB – BLITZEN THE DOTTE By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the Council concurs with the recommendation of the Special Events Coordinator, Fire Chief, Police Chief and Recreation Superintendent to approve the use of city sidewalks and property for the Wyandotte Boat Club - Blitzen in the Dotte held November 16th, 2024 from 8am-10am, provided the group adds the City of Wyandotte as additional insured to their insurance policy and sign a hold harmless agreement to be drafted up by the Department of Legal Affairs. Motion unanimously carried. 2024-282 SPEICAL EVENTS APP: ST. VINCENT PALLOTTI PARISH By Councilperson Crayne, supported by Councilperson Alderman WHEREAS the Special Events Coordinator has received an application from the St. Vincent Pallotti Parish to hold a picnic event on September 21st 2024, from 11 am to 3 pm. BE IT RESOLVED that Council approves the requests and use of city property as listed below for said event: St. Vincent Pallotti Parish - September 21st 2024 Property Use: Bishop Park and Pavilion Area Use Time: 11 am to 3 pm Estimated number of attendees: 50 BE IT FURTHER RESOLVED that St. Vincent Pallotti Parish will comply with the following: • If there are any costs for any city staff/material/property for said event, St. Vincent Pallotti Parish will be responsible for those fees • Any tents on the street or sidewalk must be weighted (no stakes are allowed to be used to anchor tents) to prevent collapse. • The St. Vincent Pallotti Parish will be responsible for clean up (glass, spills, broken items, etc.) before, during, and after the event. • Any requests made after this event is reviewed and approved by the Council will be evaluated by the 5 September 16, 2024 Special Events Coordinator and necessary Department Heads for consideration of approval. BE IT FURTHER RESOLVED that St. Vincent Pallotti Parish must add the City of Wyandotte as additional insured to their insurance policy and sign a hold harmless agreement as prepared by the Department of Legal Affairs. Motion unanimously carried. NEW BUSINESS 2024-283 FIRST READING #1545: 2025 FISCAL YEAR BUDGET ORDINANCE By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the first reading of Ordinance #1545 regarding the FY 2025 budget was held on September 16, 2024 and the budget is received and placed on file in the Office of the City Clerk. Motion unanimously carried. 2024-284 FINAL READING #1544: MOBILE FOOD ORDINANCE By Councilperson Crayne, supported by Councilperson Alderman AN ORDINANCE ENTITLED AN ORDINANCE TO AMEND CHAPTER 116: FOOD AND DRINK ESTABLISHMENTS OF THE WYANDOTTE CODE OF ORDINANCES BY ADDING THE SECTION TITLED “FOOD TRUCKS” The City of Wyandotte Ordains: Section 1. Amend Chapter 116: Food and Drink Establishments by adding the section titled Food Trucks as follows: FOOD TRUCKS §116.070. Purpose And Intent. It is the purpose and intent of this ordinance to permit the operation of food trucks that add to the vibrancy and desirability of the city and events, while providing a framework under which such businesses operate; and protect the health, safety and welfare of the city, residents and visitors. The provisions of this ordinance apply to food trucks engaged in the business of cooking, preparing and distributing food or beverage, with or without charge, upon or in public and private restricted spaces. This ordinance does not apply to vehicles which dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks, or food vending pushcarts and stands located on sidewalks. §116.071. Definitions. For the purpose of this ordinance, the following words and phrases shall have the meanings set forth in this section. Approved location: a location that has been approved for a food truck by the City of Wyandotte with proper applications, payments and documentations submitted, reviewed and approved. City: the City of Wyandotte. Food service establishment: as defined in Section 1107(t) of the Michigan Food Law – Act 92 of 2000. Food warehouse: a food establishment that stores or distributes food for wholesale. Food Truck: a mobile food establishment or a special transitory food unit, or a mobile food vehicle. It includes motorized vehicles (such as a van) or trailer, equipped to cook, prepare, serve, and/or sell food. This includes vehicles with on-board kitchens which prepare food from scratch, or heat up food that was prepared in a brick and mortar commercial or residential kitchens. Food trucks may also sell hot and cold beverages. Helper: a person who has a Michigan Food Handler’s license, working as an assistant to a licensed vendor in the sale of food, beverages or goods from an approved food truck. Mobile food establishment (MFE): a food service establishment operating from a vehicle or a trailer, which returns to a food establishment commissary for servicing and maintenance at least once every twenty-four (24) hours. Mobile food establishment commissary: an operation with the ability to service a mobile food establishment. 6 September 16, 2024 Mobile Food Vehicle: a food establishment operating from a vehicle or watercraft that returns to a licensed commissary for servicing and maintenance at least once every 24 hours. Non-Wyandotte Brick and Mortar Business/Restaurant: A brick-and-mortar business refers to a traditional type of business that operates from a physical location, such as a store, office, or facility where customers can visit outside of Wyandotte, Michigan to avail products or services. Person: an individual, corporation, association, sole proprietorship, partnership, or other legal entity. Private Property: Private property refers to land, possessions, or assets that are owned by individuals, businesses, or entities rather than being owned or controlled by the government or the public collectively. Public right-of-way: paved public streets and alleys dedicated for the passage of vehicles and pedestrians, including abutting traffic lanes, parking lanes, sidewalks and berms. Sidewalk: a paved portion of any public right-of-way within the City of Wyandotte primarily used for pedestrian traffic. Special transitory food unit (STFU): a temporary food establishment licensed to operate in the State of Michigan without fourteen (14) day limits, or a mobile food establishment that is not required to return to a commissary. Street: the paved portion of any public right-of-way in the City of Wyandotte reserved for vehicular traffic. Traffic lane: means a portion of roadway dedicated to vehicles moving where standing, or parking of motor vehicles is prohibited. Vehicle: a self-propelled motor vehicle used by a vendor which is designed for transit on streets and highways. Vendor: any person who sells food or goods from a food truck in a public right of way, or on private property, in the City of Wyandotte, including the operation of a mobile food establishment, special transitory food unit or motor food vehicle. This definition includes permit holder. Wyandotte Brick-and-Mortar Business/Restaurant: A brick-and-mortar business refers to a traditional type of business that operates from a physical location, such as a store, office, or facility where customers can visit in Wyandotte, Michigan to avail products or services. §116.072. Permit Required, Duration and Non-Transferable. (A) General. No vendor shall engage as a food truck without a permit from the City of Wyandotte authorizing such vending. The Special Events Coordinator shall prescribe the form of such permits and application for such permits which forms must be in accordance with the provisions of this ordinance. All permits shall be prominently displayed on the food truck. No vending through a food truck shall be permitted unless it meets the definitions of this ordinance. A permit issued under this ordinance shall not be transferable from person to person. A permit is valid for one food truck and shall not be transferred between food trucks. (B) Procedure. The Special Events Coordinator shall distribute the application to the Wyandotte Fire Department and Engineering Department for review and scheduling of inspections. Requests to use city owned property or special events must first obtain City Council approval. All fees shall be payable to the City of Wyandotte with the application. The Special Events Coordinator will issue the permit to the vendor when all requirements of the ordinance are satisfied. If the permit is denied, the Special Events Coordinator will notify the vendor. (C) Permit duration. A permit allows the vendor to operate in the city for the duration noted on the permit. The permit application notes timeline options as follows: (1) One day permit (2) One day per month for one year (3) Yearly (4) Event dates (D) Permit Categories: • Wyandotte Business/Restaurant • Non-Wyandotte Business/Restaurant 7 September 16, 2024 • Private Property and Public Property Use (E) Permit Exemptions: • Any school or government-sponsored food truck operating on school or government property. • Any other event approved by the City Council. (F) The City Engineer in consultation with the Department of Public Works, Wyandotte Police Department and Wyandotte Fire Department is authorized to designate such other streets, sidewalks, parts of streets or sidewalks, districts, or areas where it shall be unlawful for any vendor to operate or conduct the food truck, for the reason that, due to congested traffic conditions or the character of the neighborhood, the conduct of such business constitutes a public nuisance, or constitutes a hazard to public health or safety. (G) The number of permits issued for food trucks in the city may be limited by public convenience and necessity. In determining public convenience and necessity, the City Engineer shall consider the number of permits issued, the demands of the public for food trucks, the vehicular and pedestrian traffic conditions, the impact on existing businesses in the area, whether such service would result in a greater hazard to the public, and such other related facts as may be deemed advisable or necessary. The disapproval of a location for food truck by the City Engineer shall be final unless there is new information supporting approval of the vending location. The number of food trucks contracted to operate during city approved events or festivals shall be determined by the Special Events Coordinator applying the above criteria. §116.073. Application. The permit application shall include the following: (A) Name, signature, phone number, email contact and business address of the applicant. (B) A description of the food products and beverages offered for sale including the intended menu and prices. (C) Information on the food truck vehicle to include plate number, size, signage and any stands that will be with the set up. (D) Information setting forth the proposed hours of operation, area of operations, plans for power access, water supply, wastewater disposal, trash and debris clean up, noise and exhaust. (E) Copies of all necessary licenses and health permits issued by the Wayne County Health Department. (F) Copies of state permit and license requirements including business license (business tax certificate), mobile food establishment permit and food seller’s permit. (G) Copy of permit holder’s valid driver’s license and insurance including automobile liability coverages as follows: (1) Proof of General Comprehensive Liability policy with limits of no less than $1 million Combined Single Limit Coverage issued by an insurer licensed to do business in the State of Michigan and which names the City of Wyandotte as an additional insured party. (2) Proof of Public Liability and Property Damage motor vehicle policy with limits of no less than $1 million issued by an insurer licensed to do business in the State of Michigan and which names the City of Wyandotte as an additional insured party. (H) Signed Hold Harmless Agreement by the permit holder and the owners of the private property where the food truck is to be located, and if applicable, the business owner requesting the food truck operation, indemnifying and holding harmless the city, its officers and employees for any claims, damages, or injuries to persons or property which arise out of any activity by the permit holder, its employees, or agents carried on under terms of the permit. (I) The name and addresses of all helpers together with a copy of their current Michigan Food Handler’s License. (J) A statement of the status of monies owed to the city by the vendor, property owner and business owner, including but not limited to, water bills, real property taxes, personal property taxes and miscellaneous fees. An application with any of the above fees owed to the city shall not be eligible for a permit. 8 September 16, 2024 (K) A person or organization desiring to operate a special event / festival featuring food trucks shall make written application for a permit to the Special Events Coordinator and include all the information required under this ordinance for operation of a food truck in the Special Event Application. §116.074. Locations for Food Trucks. (1) A vendor may operate a food truck in the public right-of-way within the extended property lines of any established place of business if the vendor is selling the same or similar food of the established business as an accessory use provided the business owner (and property owner if different) also sign the application. The requirements and restrictions of Wayne County must be complied with when applicable. A Hold Harmless Agreement must be signed by the vendor, business owner and property owner for that location. (2) A vendor may operate a food truck on, or in the public right-of-way abutting property zoned or used for residential purposes provided the owners of the residential property also sign the application. A Hold Harmless Agreement must be signed by the vendor and owners of the residential property. The duration for this permit shall be one (1) day per year. (3) A private event on private property. (4) A private event on city property as approved by City Council. (5) An event for employees on business owned property. (6) Private property serving the public. (7) A public event held on city property as approved by City Council. (8) City approved (or sanctioned) Special Event locations. Private property owner(s) must sign the application with the vendor, and if applicable, the business occupant. All these parties must sign the Hold Harmless Agreement with the vendor for the application to be approved. §116.075. Rules and Regulations. (1) A food truck may only operate during the following hours: (a) 9:00 A.M. – 9:00 P.M. in residential areas. (b) 7:00 A.M. – 2:00 a.m. in nonresidential areas. (c) 6:00 A.M. – 11:00 P.M. on private property within an area zoned for commercial use. (2) Operation of a food truck during a city approved event or festival shall be allowed by the Special Events Coordinator and shall not be subject to the requirements of §116.074. (3) All vendors shall comply with all requirements of state law and all applicable administrative rules. (4) While conducting business on any street, sidewalks, or public right-of-way in the city, vendors must comply with all provisions of the city ordinances that govern sidewalks, streets and public places, traffic, parking and motor vehicles. (5) A vendor, through the preparation and serving of food to be provided, shall not create noxious smoke or offensive odors which annoys, disturbs, injures or endangers the health, peace, safety, or comfort of others, including but not limited to the provisions of Chapter 94 of the Code of Ordinances “Health and Safety; Nuisances”. (6) All trash or debris accumulating within twenty (20) feet of any food truck shall be collected by the vendor and deposited in a trash container on a regular basis. All food truck vendors must provide trash receptacles adjacent to or as a part of their truck. The property owner, or business, which has received the permit for the vending operation, shall provide the vendor and patrons with appropriate containers for the disposal of such wastes within ten (10) feet of the location of the operation. Vendors may also rent trash receptacles from the city at an additional cost. It shall be unlawful for any food truck vendor, or anyone aiding or assisting in the operation of a food truck, to throw or deposit any goods, merchandise, packaging, containers, fat, grease, paper, or other liquid waste upon any alley, street or sidewalk, or in any sewer, in the city. (7) All waste originating from the food truck, shall be collected and disposed of off-site by the food truck vendor each day. Spills of food or food by-products shall be promptly cleaned up. No dumping of greywater on the street or in parks and storm drains is allowed. Food truck 9 September 16, 2024 vendors shall take appropriate precautions to prevent spills or other damages to the public property as a result of their operation. Food trucks are responsible for all greywater, grease, and other food waste, which shall NOT be dumped or disposed of on or into public property, including but not limited to, sewers and storm drain and public trash receptacles. (8) No food truck vendor shall make or cause any unreasonable or excessive noise. No loud music or amplified announcements or noise are permitted. In addition, all generators must operate at a level of seventy (70) decibels or lower when measured from a distance of fifteen (15) feet. Initial inspection by the police or fire department shall include generator compliance. (9) Any electrical power required for a food truck operation which is located on a public right- of-way shall be self-contained, shall not create a hazard and shall not be drawn from electrical outlets in the public right-of-way unless permitted by the Electrical Department of Municipal Services. (10) Food trucks operated on private property may use electrical or other power from the property being occupied or a directly adjacent property if the property owner(s) provide(s) written consent to do so and in compliance with all city codes. No power cable or extension cord shall be extended on or across any city street, sidewalk, or public right-of-way unless approved by the City Engineer and must be done in a safe manner at all times to prevent tripping. (11) No food truck is allowed within twenty (20) feet of a fire hydrant. (12) No food truck vendor shall conduct business in such a way as would increase traffic congestion or delays, constitute a hazard to life or property, interfere with an abutting property owner, or obstruct access to emergency vehicles. (13) Food truck and vendors shall be subject to, and comply with, all applicable federal, state and county regulations, including City of Wyandotte ordinances, building, electrical, mechanical, and fire safety code requirements, and any permit or inspection requirements deemed necessary by the building official. (14) A license to operate a special transitory food unit shall not be issued until a current State of Michigan Food Service License for the unit has been issued. (15) The menu for the food truck must be approved by the city. (16) Food trucks shall be located within two hundred (200) feet of approved and readily accessible bathroom facilities, or shall be outfitted with contained handwashing equipment, to ensure proper sanitary facilities are available to vendors and workers. (17) When conducting business on any public right-of-way, street, sidewalk, or alley, in the City of Wyandotte, vendors shall operate, at all times, in such a manner so as to not interfere with pedestrian or vehicular traffic. (18) The vending operation or food truck shall not be located in any street travel lane and shall only be allowed in designated parking lanes. The vending operation or food truck shall not be located in a public alley where the location of the operation reduces the travel width of the alley to nine (9) feet or less. (19) It shall be unlawful for any vendor to locate a vending operation or food truck in such a manner as to interfere with any building entrance or exit. (20) Customers shall be served on the curb side, in the easement or berm area, of the public right-of-way, and such service area shall not impede upon a five (5) foot wide path on a paved surface or sidewalk provided for pedestrian travel in the easement. (21) If the vending operation is to be conducted on private property; the food truck shall be located on a paved surface, and the customers shall be serviced from the private property and such service area shall not impede on any ingress/egress aisleway or extend into a public right-of-way. 10 September 16, 2024 (22) When located in a public right-of-way, awnings may extend into the easement over the serving area and shall have a minimum clearance of seven (7) feet above the ground to the lowest point of the awning or support structure. (23) Food trucks may not use flashing, blinking or strobe lights; all exterior lights over sixty (60) watts shall contain opaque, hood shields to direct the illumination downward. (24) The following signs or advertising methods are prohibited with food trucks: • No sign or banner shall be placed upon or across any public right-of-way, except by permission of the City Council; • It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter; • Signs which incorporate in any manner flashing lights; • String lights used in connection with business premises for commercial purposes, other than seasonal decorations; • Any sign unlawfully installed erected or maintained; • Signs on trees or utility poles, whether public or private; • Signs on benches; • Inflatable balloons including inflatable tube man; • Roof top signs; • Feather banners (subject to compliance with sign ordinance); (25) No food truck may be located adjacent to a brick-and-mortar restaurant without written permission from the owner(s) of said restaurant and building owner, if different. §116.076. Inspection. Inspection and written approval from the Wyandotte Fire Department and Building Official is required. All inspections regarding food trucks shall conform to the standards listed in the current National Fire Protection Association’s NFPA Fire Code and must be in compliance with all city codes. An inspection is required for each separate location and each separate event. All food trucks exhaust shall be directed away from the service side of the vehicle. Inspection by the Wyandotte Fire Department shall include exhaust compliance. §116.077. Revocation. (A) The city may revoke the permit of a food truck for any of the following reasons: (1) Fraud, misrepresentation or a false statement on application or in the course of operating the food truck. (2) Creation of a public nuisance constituting a danger to public health, safety, comfort or welfare. (3) Violation of any provision of this ordinance. (B) Once a permit has been issued it may be revoked, suspended or not renewed by the city for failure to comply with the provisions of this ordinance and any rules or regulations promulgated by the city. Immediately upon such revocation by the Special Events Coordinator the permit shall become null and void and the Special Events Coordinator shall provide written notice to the permit holder by first class mail to the address provided on the application. No person whose food truck permit has been revoked shall be eligible to receive another permit within the city for one (1) year from the date of the permit revocation. §116.078. Right To Appeal. If a permit is denied, revoked or suspended, the applicant or holder of a permit may appeal to and have a hearing before the city administrator, or his designee. The appeal must be in writing, signed and submitted to the City Clerk’s Office within ten (10) days of the denial, revocation or suspension. The city administrator, or his designee, shall make a written determination. If the city denial, revocation or suspension is upheld by the city administrator, the applicant or permit holder may appeal the city’s administrator decision to the city council. The appeal must be in writing, signed and submitted to the City Clerk’s Office within ten (10) days of the City Administrator’s decision. 11 September 16, 2024 §116.079. Impoundment. Any vehicle or equipment associated with food vending that is not in compliance with this ordinance and/or left on public property may be impounded at the owner’s expense. §116.080. Fees. (A) A non-refundable application fee and inspection fees shall be charged for the processing and issuance of a permit under this ordinance. The fees will be established by City Council Resolution and will be reviewed annually. (B) The inspection fees must be paid with the application. §116.081. Offense and Penalty. Any permit holder operating a food truck in violation of any provision of this ordinance or any rules and regulations promulgated by the city shall be responsible for a municipal civil infraction pursuant to the city’s codified ordinances and punishable by a civil fine of not more than $500.00 per day or occasion of offense, and shall entitle the city to have the prohibited use enjoined. Each act of violation and every day upon which a violation shall occur shall constitute a separate offense. Section 2. Interpretation. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy or any character be lost, impaired or affected by this Ordinance. Section 3. Severability. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such word, sentence, phrase or any portion of the Ordinance held to be so invalid and shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance. Section 4. Conflicting Ordinance. All prior existing ordinances adopted by the City of Wyandotte inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days from the date of its passage by the Wyandotte City Council and a copy of this adopting Ordinance or a summary of said adopting Ordinance shall be published in a newspaper generally circulated in the City of Wyandotte within ten (10) days after adoption. A complete copy of the codes is available to the public at the Office of the City Clerk in compliance with State law requiring that records of public bodies be made available to the general public. A copy of this adopting ordinance may be inspected or obtained at the City of Wyandotte Clerk’s Office at 3200 Biddle Avenue, Wyandotte, Michigan. On the question, “SHALL THIS ORDINANCE NOW PASS?”, the following vote was recorded: Motion unanimously carried. 2024-285 MOBILE FOOD VENDOR APPLICATION & FEE SCHEDULE By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the Council concurs with the recommendation of the City Administrator to approve the Mobile Food Vendor Application/packet, including fees associated with mobile food vending in the City of Wyandotte. Motion unanimously carried. 2024-286 ACCEPTANCE OF GRANT: MI DEPT. OF LABOR & ECONOMIC OPPORTUNITY – TURNOUT GEAR By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the council concurs with the Fire Chief for the acceptance of the Michigan Department of Labor and Economic Opportunity Grant for turnout gear. 12 September 16, 2024 BE IT FURTHER RESOLVED that the City of Wyandotte will bear no costs and the grant totaling $87,500.00 will be fully funded through the Michigan Department of Labor and Economic Opportunity. Motion unanimously carried. 2024-287 ACCEPTANCE OF GRANT: MI LOCAL RETIREMENT GRANT PROGRAM By Councilperson Crayne, supported by Councilperson Alderman RESOLVED that Council concurs with the recommendation of the City Administrator to accept the MI Local Retirement Grant award of $1,621,364 to offset Other Post Employment Benefits (OPEB) annual budget expenditures; AND FURTHER RESOLVED that Council authorizes the City Administrator to complete the award distribution process. Motion unanimously carried. 2024-288 GRANT ACCEPTANCE: INST. FOR RESPONSIVE GOVT. – ELECTION FUNDS By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED that the City Council accepts the grant award in the amount of $18,000 from the Institute for Responsive Government as part of the "A More Responsive Government 2024 Grant Program"; AND BE IT FURTHER RESOLVED that there shall be a specific account created for the receipt of grant funds in the Election Commission (840) budget; AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Grant Agreement on behalf of the City of Wyandotte. Motion unanimously carried. 2024-289 DMS FISCAL 2025 BUDGET – ELECTRIC, WATER AND CONNEX By Councilperson Crayne, supported by Councilperson Alderman BE IT RESOLVED by the City Council that Council Concurs with the Wyandotte Municipal Services Commission in the following resolution. A resolution approving the adoption of the Electric, Water and ConneX Operating & Capital Budgets for Fiscal 2025, as recommended by WMS management. Motion unanimously carried. 2024-290 FOP PARK REMODEL By Councilperson Crayne, supported by Councilperson Alderman Resolved that the Council concurs with the recommendation of the Superintendent of Recreation and accepts the proposal from Burke/Snider Recreation to remodel FOP Park for $130,569, which shall be funded from the TIFA Parks account. BE IT RESOLVED that the Mayor and City Clerk are authorized to sign the contract with Burkes/Snider Recreation. Motion unanimously carried. 2024-291 PULASKI PARK REMODEL By Councilperson Crayne, supported by Councilperson Alderman Resolved that the Council concurs with the recommendation of the Superintendent of Recreation and accepts the proposal from Burke/Snider Recreation to remodel Pulaski Park for $102,273, which shall be funded from the TIFA Parks account. BE IT RESOLVED that the Mayor and City Clerk are authorized to sign the contract with Burke/Snider Recreation. Motion unanimously carried. 2024-292 BID FILE #4871A: GUTTER & DOWNSPOUT REPLACEMENTS AT 81 CHESTNUT By Councilperson Crayne, supported by Councilperson Alderman RESOLVED that Council concurs with the Recommendation of the City Engineer and accepts the bid from Construction Management of Wyandotte, Michigan, to replace the gutters and downspouts at 81 13 September 16, 2024 Chestnut in accordance with Bid File #4871A in the amount of $76,008, which shall be funded from Account 101-448-750-270; BE IT RESOLVED that the Mayor and City Clerk are authorized to sign the contract with Construction Management. Motion unanimously carried. 2024-293 SHOW CAUSE HEARING – 1757 4TH STREET By Councilperson Crayne, supported by Councilperson Alderman WHEREAS, a hearing was held on September 16, 2024, where all parties were given an opportunity to show cause, if any they had, why the dwelling at 1757 4th Street, Wyandotte should not be demolished, removed or otherwise made safe; AND BE IT FURTHER RESOLVED that the Council considered all reports and recommendations previously received by the City Council from the City engineer's Office and all other facts and considerations were brought to their attention at said hearing and at previously held Council meetings; AND BE IT RESOLVED that the City Council hereby directs that said dwelling located at 1757 4th Street, Wyandotte should be DEMOLISHED and that the cost be assessed against the property in question as a lien. BE IT FURTHER RESOLVED that the parties of interest shall be forwarded a copy of this Resolution forthwith so that they may appeal this decision to the Circuit Court within twenty- one (21) days of the date of this resolution if they so desire. Motion failed. YAYS: None NAYS: Alderman, Calvin, Crayne, Hanna, Shuryan, Stec 2024-294 BILLS & ACCOUNTS By Councilperson Crayne, supported by Councilperson Alderman RESOLVED that the total bills and accounts of $2,273,459.64 as presented by the Mayor and City Clerk are hereby approved for payment. Motion unanimously carried. REPORTS & MINUTES Beautification Commission 08/01/2024 (corrected) & 09/05/2024 Fire Commission 08/13/2024 Police Commission 08/13/2024 WMS Commission 08/21/2024 REMARKS OF THE MAYOR, COUNCIL, & ELECTED OFFICIALS ADJOURNMENT 2024-295 ADJOURNMENT By Councilperson Crayne, supported by Councilperson Alderman RESOLVED, that this regular meeting of the Wyandotte City Council be adjourned at 7:54pm. Motion unanimously carried. ________________________ Lawrence S. Stec, City Clerk