City Council

1 October 14, 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, October 14, 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: Todd Browning, City Treasurer Also Present: Theodore Galeski, City Assessor; William R. Look, City Attorney; Jesus Plasencia, City Engineer; and Lawrence Stec, City Clerk PRESENTATIONS PRESENTATION OF PETITIONS • Wyandotte Budget Wins with the State of Michigan PUBLIC HEARING UNFINISHED BUSINESS CALL TO THE PUBLIC CONSENT AGENDA 2024-318 MINUTES By Councilperson Shuryan, supported by Councilperson Stec RESOLVED that the minutes of the meeting held under the date of September 30, 2024, be approved as recorded without objection. Motion unanimously carried. 2024-319 2024 SANTA AGREEMENT By Councilperson Shuryan, supported by Councilperson Stec BE IT RESOLVED that Council approves the contract with Mr. and Mrs. Olszewski for the following events: Christmas Parade: November 16th 2024 from 10 am to 12 pm Shop with a Cop event: December 5th 2024 from 4:30-7:30 pm Dates and times for the visit with Santa in Wyandotte will be negotiated shortly by the Special Events Coordinator and the City Administrator and added as an addendum at a later date; AND BE IT FURTHER RESOLVED that the contract will be paid from the following accounts: Christmas Parade Expense Account - 285-225-925-825 - $200 Wyandotte Street Art Fair Expense Account - 285-225-925-860 - $300; AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to execute said contract on behalf of the City of Wyandotte. Motion unanimously carried. NEW BUSINESS 2024-320 WYANDOTTE MUSIC BOOSTERS “TAGDAY” FUNDRAISER By Councilperson Shuryan, supported by Councilperson Stec BE IT RESOLVED that the City Council grants permission to the Wyandotte Music Boosters and Marching Chiefs to conduct a door-to-door canvass as a non-commercial solicitor on Sunday, October 20, 2024 from 11am to 3pm with the recommendation that all members clearly identify themselves, either verbally or with some physical identification that clearly identifies the organization. Motion unanimously carried. 2 October 14, 2024 2024-321 2024 HALLOWEEN HOURS By Councilperson Shuryan, supported by Councilperson Stec BE IT RESOLVED that the Council approves the 2024 Halloween "Trick or Treat" be established from 5:30pm to 7:30pm for the City of Wyandotte on Thursday, October 31st, 2024. Motion unanimously carried. 2024-322 FOOD TRUCK FESTIVAL By Councilperson Shuryan, supported by Councilperson Stec BE IT RESOLVED that the Council concurs with the recommendation of the Special Event Coordinator to approve the use of city sidewalks, streets and the Yack Arena Parking Lot (3131 3rd St.) for the Food Truck Festival to be held on November 15th and 16th, 2024; AND BE IT FURTHER RESOLVED that the Special Event Coordinator will coordinate the closure of the Yack Arena Parking lot from November 15th at 12pm to November 16th at 2pm and the placement of signage in the parking lot on November 14 with "No Parking Friday or Saturday" with associated internal departments. Motion unanimously carried. 2024-323 PULASKI PARK OUTDOOR FITNESS COURT QUOTE By Councilperson Shuryan, supported by Councilperson Stec BE IT RESOLVED that the Council approves and accepts the quote from National Fitness Campaign for the outdoor fitness court to be installed at Pulaski Park for $110,000, funded from the TIFA Parks account (#492-200-850-524). BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the quote from the National Fitness Campaign. Motion unanimously carried. 2024-324 BROWNFIELD PLAN NO. 23: 3131 BIDDLE AVE.: FIRST AMENDMENT TO DEVELOPMENT & REIMBURSEMENT AGREEMENT By Councilperson Shuryan, supported by Councilperson Stec WHEREAS the developer 3131 Biddle, LLC. has requested a budget line-item adjustment increasing the amount of his eligible brownfield activities up to and not to exceed $799,607, and WHEREAS the developer has requested an amendment to the approved Brownfield Plan No. 23 – Development and Reimbursement Agreement in order to fulfill a development financing gap and in order to satisfy his senior lenders' debt service coverage ratio of at least 1.35 as provided in the amendment, and WHEREAS the other parties of the Development and Reimbursement Agreement have unanimously approved the proposed budget line-item adjustment and first amendment to the Development and Reimbursement Agreement for Brownfield Plan No. 23, including the Brownfield Redevelopment Authority (BRA) during a regular meeting on September 17th, 2024 and by the Downtown Development Authority (DDA) during a regular meeting on October 8th, 2024, now THEREFORE, BE IT RESOLVED that the Wyandotte City Council concurs with the DDA and the BRA and hereby approves the proposed budget line-item adjustment and first amendment to the Development and Reimbursement Agreement for Brownfield Plan No. 23 - Federal Building Redevelopment and Downtown East Alleyway Project and hereby authorizes the Mayor and Clerk to execute the amendment. Motion unanimously carried. 2024-325 ALLEY ENCROACHMENT AT 3239 BIDDLE AVENUE By Councilperson Shuryan, supported by Councilperson Stec BE IT RESOLVED that Council has reviewed the request from the property owner of 3239 Biddle Avenue to install a barrier free ramp, stairs, handrail, and bollards in the City alley right of way east of Biddle Avenue, north of Eureka Road, and has determined that the encroachment will not be a detriment to the health and safety of the public, and furthermore, authorizes the Mayor and City Clerk to sign the 3 October 14, 2024 Grant of License, subject to submission of the Hold Harmless and Grant of License agreements by the property owner. Motion unanimously carried. ITEM #9 – REMOVED BY COUNCILPERSON SHURYAN AT THE COUNCIL MGT. 2024-326 FINAL READING # 1546: SHORT-TERM RENTAL ORDINANCE By Councilperson Shuryan, supported by Councilperson Stec AN ORDINANCE ENTITLED AN ORDINANCE TO ADD TO CHAPTER 181: RENTAL DWELLINGS AND UNITS OF THE WYANDOTTE CODE OF ORDINANCE THE CITY OF WYANDOTTE ORDAINS: Intent and Purpose. Short-term rental of dwelling units provides value to the local economy. However, short term rentals can also bring negative effects to the year-round quality of neighborhoods, housing stock, and public health and safety. This ordinance has been enacted to create a balance between the interests of community residents, business owners, visitors, and property owners, and is determined necessary for the health, safety and welfare of the City to adopt this article regulating the use of property as a short- term rental. Section 1. Add Short Term Rentals to Chapter 181: RENTAL DWELLINGS AND UNITS to read as follows: SHORT-TERM RENTALS §181.030 Definitions. For the purpose of this chapter, the following shall mean: Bedroom means a room intended for sleeping or placement of a bed separated from other spaces in the dwelling unit by one or more functional doors. The following spaces, which must be included in every dwelling unit, do not qualify as bedrooms: Kitchens; dining areas; gathering spaces such as living rooms, dens, family rooms, and attics or basements without egress meeting standards in applicable building, residential, and fire codes. Calendar year means January 1st to December 31st. Dwelling unit means a self-contained unit within a building that is designed for human occupancy and provides complete living facilities, including permanent provisions for sleeping, eating, cooking, and sanitation. "Dwelling unit" does not include bed and breakfasts, hotels and motels, and boarding houses. License means an annual short-term rental license duly issued by the City of Wyandotte in accordance with the provisions of this chapter. Local agent or Responsible Local Agent shall be as defined in the City of Wyandotte Code of Ordinances §181.005 Responsible Local Agent. Maximum occupancy means the maximum number of allowable tenants for a short-term rental, as established by this chapter. Short-term rental means a property that offers the rental of a dwelling unit for compensation for more than 28 days total per calendar year for terms no greater than 29 consecutive nights. §181.031 Licensing. An owner of any property located within the City of Wyandotte shall not rent, or allow to be rented, a dwelling unit as a short-term rental unless the owner has obtained a Short-Term Rental License for that dwelling unit in accordance with the requirements of this chapter. (A) A Short-Term Rental License shall only be issued to a dwelling or rental unit which has a current Certificate of Approval or Certificate of Compliance. (B) The City Council, by Resolution, may lower or amend the number and location of Short-Term Rental Licenses issued at any time, but not to the detriment of existing licensed short-term rentals. (C) License applications for short-term rental units shall be processed on a first come, first served basis. (D) Application form. The Short-Term Rental Application form shall be available at the Department of Engineering and Building Wyandotte City Hall and on the City of Wyandotte Website. A person 4 October 14, 2024 seeking a Short-Term Rental License under this chapter shall submit a complete Short-Term Rental Application to the Department of Engineering and Building. The application shall be forwarded to the City Engineer, or his/her duly authorized representative, for review and appropriate action. The application shall include all of the information specified on the Short-Term Rental Application form and any other information deemed reasonably necessary to determine whether the short-term rental standards and regulations under this chapter have been met. The license application form shall contain the following information, and other items as the city may deem necessary, for compliance with this chapter: (1) Name, permanent address, email, and telephone number of the property owner, and name, email and telephone number of the responsible local agent for the short-term rental unit; (2) The street address of the short-term rental unit, along with other identification if more than one dwelling unit shares the same street address; (3) The number of bedrooms in each dwelling unit; (4) The number of available on-site parking spaces on-site; (5) A signed statement certifying that each dwelling unit has a fire extinguisher, each bedroom has a working smoke alarm, each floor has a working carbon monoxide detector, and that the local agent will check these devices for proper location and operation prior to each new lease agreement. (E) Application fee. An application shall be accompanied by an application fee as established and set forth by the City Council. (F) Complete application. Submittal of an application does not mean an application is considered complete. If an applicant submits an incomplete application, a license will not be issued. (G) A Short-Term Rental Application shall not be considered accepted or complete until the City Engineer deems it to be complete. Applicants will be notified within ten (10) business days of submittal if an application is incomplete. If the applicant fails to provide all the information required by this chapter and/or fails to pay the required fee, then the application shall be deemed incomplete and will be denied by the City Engineer on that basis. (H) Once the application is deemed to be complete, if an application complies with all the standards and regulations of this chapter and a license is available, the City Engineer shall approve the license. The approval of the license shall be based on the following: (1) Complete application; (2) Current Certificate of Approval or Certificate of Compliance, all inspections must be completed and all violations must be corrected and approved; (3) No outstanding Property Maintenance violations; (4) A written report from the Wyandotte Police Department regarding complaints, responses and actions taken by the Wyandotte Police Department at this location in the previous 365 days. Three (3) violations issued by the Wyandotte Police Department in the previous 365 days shall be cause for denial of the Short-Term Rental License. (5) All taxes, utilities and fees owing to the City must be paid in full (I) Licenses shall become void upon expiration of the Certificate of Approval or Certificate of Compliance, property transfer, or revocation by the City Engineer, according to §181.033(D). §181.032 Regulations. (A) Compliance with codes. Short-term rental unit must meet all applicable residential building, health department, nuisance, and safety codes to protect the safety of occupants. (B) All short-term rental owners and tenants are subject to the City of Wyandotte Code of Ordinances. (C) Proposed short-term rental unit shall be in compliance with Chapter 181 of this code of ordinance. (D) Short-term rentals shall be permitted in all zoning districts except I-1, I-2, I-3, and IRO. (E) Short-term rentals in a one, two or three family dwelling shall be limited to one (1) in a five hundred (500) foot radius. (F) Short-term rentals shall be limited to ten (10%) percent of the number of units in a multiple family complex such as an apartment building, co-op, or condominium association. (G) A short-term rental unit shall consist of a minimum of; one (1) bedroom, one (1) full bathroom, a kitchen/dining area, and a living room. 5 October 14, 2024 (H) Occupancy in a short-term rental shall be conform with this Code of Ordinance §171.041 Maximum Occupancy, Paragraphs (A) and (B), with a maximum of ten (10) total occupants. (I) Each short-term rental shall provide a minimum of two (2) off-street parking spaces which are accessed from a public street. (J) No recreation vehicles, travel trailers, boats, tents or other temporary shelters, may be used or stored by tenants on the premises in connection with the short-term rental use. (K) Local agent. All licensed short-term rentals shall have a designated local agent, as defined by this chapter. (L) The property owner, or local agent, shall prohibit the short-term rental unit tenants from hosting a gathering of non-tenants at the unit. (M) Advertising of licensed short-term rental must include the maximum occupancy permitted in the unit. (N) The property owner or responsible local agent shall reference in, or attach to, the short-term rental lease agreement, the page “APPLICABLE CODES” attached to the attached to the Short-Term Rental Application: APPLICABLE CODES: Trash: Chapter 51: Garbage and Trash. Parking: Chapter 72: Parking and Stopping Rules – General Provisions §72.001 thru §72.013; Parking During Snow Emergencies §72,045 thru §72.049. Animals: Chapter 90: Downriver Central Animal Control – §90.004 Animal Care Standards; Rules and Regulations §90.035 thru §90.041; Violations and Prohibitions Generally §90.055 thru §90.062; Dangerous and Potentially Dangerous Dogs §90.075 thru §90.080. Fire Pits: §91.023 Fire Pits and Recreational Fires. Fireworks: Chapter 93: Fireworks. Nuisance: Chapter 94: Health and Safety; Nuisances Noise: §153.014 Unreasonable Noise Prohibited. Behavior: §153.015 Disruptive Behavior. Certificate of Approval: §171.004 Inspection of Residential Dwellings Prior to Sale or Transfer. Occupancy: §171.041 Maximum Occupancy, Paragraphs (A) and (B). Certificate of Compliance – Rental Dwellings: Chapter 181: Rental Dwellings and Units. (O) The property owner, or local agent, shall mail a written notice to all properties within a five hundred (500) foot radius of the short-term rental unit of its use once approved. A copy of this notification, and the address to which it has been sent, shall be submitted to the City Engineer. §181.033 Violations and penalties. (A) A person who violates any provision of this chapter shall be subject to this Code of Ordinances §10.999. Each day on which any violation of the chapter continues may constitute a separate offense and subject to penalties as a separate offense. (B) Tenants of short-term rentals are subject to the City of Wyandotte Code of Ordinances, including, but not limited to, noise, fireworks, fire pits, trash, animals, and parking. (C) Property owners of short-term rentals are responsible for violations relating to: false or misleading statements in the registration process; violations of the Wyandotte Code of Ordinances without limitation, including property maintenance violations; short-term rental local agent not responding to complaint/call within specified time period; and advertising and/or hosting greater occupancy than permissible. (D) Short-term rental licenses may be revoked under the following circumstances: (1) A first owner violation of §181.033(B) and/or §181.033(C) within any calendar year, shall result in a written warning. A second owner violation of §181.033(B) and/or §181.033(C) within the same calendar year, shall result in a municipal fine as set by resolution of the Wyandotte City Council. (2) A third owner violation of §181.033(B) and/or §181.033(C) within the same calendar year shall result in revocation of the license until the end of the calendar year. A minimum 14-day notice will be given to an owner for any revocation. As of one day following the notice of the third violation, no additional bookings may be made of the short-term rental through the year-end. If there is a short-term 6 October 14, 2024 rental license waiting list, revocation of a license will cause the property owner to be placed at the bottom of the waiting list. (E) The property owner and/or agent may appeal the revocation of the short-term rental license as follows: (1) Appeal procedure. Upon a determination by the Building Official that the short-term rental license of a dwelling unit is subject to revocation pursuant to §181.033(D), the Building Official shall issue a notice to the owner and agent of the licensed short-term rental stating that the city intends to revoke the license. (2) The notice shall inform the owner and local agent of a right to a hearing to show cause as to why the license should not be revoked. If a hearing is requested within fourteen (14) days of the service of the notice, the city shall schedule the hearing and notify the owner and agent in writing of a time and place for that hearing. (3) At the hearing, the owner and/or agent may present evidence that the violations have been corrected, or that the property owner and agent should not be held responsible for the violations due to extenuating circumstances. Extenuating circumstances may include circumstances that the owner or the owner's agent could not reasonably anticipate and prevent, and could not reasonably control. (4) The Building Official shall independently determine whether there is competent, material and substantial evidence establishing a violation, and/or whether there is competent, material and substantial evidence establishing that extenuating circumstances exist. Section 2. Interpretation. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suitor 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect. Section4. 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 the Ordinance or its summary shall be published in a newspaper generally circulated in the City of Wyandotte within ten (10) days after adoption. A copy of this Ordinance may be inspected or obtained at the City of Wyandotte Clerk’s Office, 3200 Biddle Avenue, Wyandotte, Michigan. On the question, “SHALL THIS ORDINANCE NOW PASS?”, the following vote was recorded: Motion unanimously carried. 2024-327 BILLS & ACCOUNTS By Councilperson Shuryan, supported by Councilperson Stec RESOLVED that the total bills and accounts of $5,787,995.97 as presented by the Mayor and City Clerk are hereby approved for payment. Motion unanimously carried. REPORTS & MINUTES Beautification Commission 10/03/2024 Fire Commission 09/10/2024 WMS Commission 09/25/2024 REMARKS OF THE MAYOR, COUNCIL, & ELECTED OFFICIALS 7 October 14, 2024 ADJOURNMENT 2024-328 ADJOURNMENT By Councilperson Shuryan, supported by Councilperson Stec RESOLVED, that this regular meeting of the Wyandotte City Council be adjourned at 7:35pm. Motion unanimously carried. ________________________ Lawrence S. Stec, City Clerk