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City Council

Regular Meeting

Wyandotte, MI · November 11, 2024

AgendaMinutes

Minutes

1 November 11, 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, November 11, 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: Theodore Galeski, City Assessor Also Present: Todd Browning, City Treasurer; William R. Look, City Attorney; Jesus Plasencia, City Engineer; and Lawrence Stec, City Clerk PRESENTATIONS PRESENTATION OF PETITIONS 2024-341 FLASHING STOP SIGN/SPEED BUMP PETITION By Councilperson Alderman, supported by Councilperson Crayne BE IT RESOLVED that the letters/petition received regarding flashing stop signs and speed bumps on 13th is hereby referred to the Police Department. Motion unanimously carried. PUBLIC HEARING UNFINISHED BUSINESS CALL TO THE PUBLIC CONSENT AGENDA 2024-342 MINUTES By Councilperson Alderman, supported by Councilperson Crayne RESOLVED that the minutes of the meeting held under the date of October 28, 2024, be approved as recorded without objection. Motion unanimously carried. 2024-343 2025 CITY COUNCIL MEETING SCHEDULE By Councilperson Alderman, supported by Councilperson Crayne BE IT RESOLVED that the following meeting dates and item submission deadlines be accepted as the dates for Council Meetings for the 2025 calendar year: MEETING DATES AGENDA ITEM SUBMISSION DEADLINES January 13, 2025 January 8, 2025 January 27, 2025 January 22, 2025 February 10, 2025 February 5, 2025 February 24, 2025 February 19, 2025 March 10, 2025 March 5, 2025 March 24, 2025 March 19, 2025 April 7, 2025 April 2, 2025 2 November 11, 2024 April 28, 2025 April 23, 2025 May 12, 2025 May 7, 2025 May 19, 2025 May 14, 2025 June 2, 2025 May 28, 2025 June 23, 2025 June 18, 2025 July 14, 2025 July 9, 2025 July 28, 2025 July 23, 2025 August 11, 2025 August 11, 2025 August 25, 2025 August 20, 2025 September 8, 2025 September 3, 2025 September 22, 2025 September 17, 2025 October 6, 2025 October 1, 2025 October 20, 2025 October 15, 2025 November 3, 2025 October 29, 2025 November 17, 2025 November 12, 2025 December 8, 2025 December 3, 2025 December 22, 2025 December 17, 2025 Motion unanimously carried. 2024-344 MLCC REDEVELOPMENT LIQUOR LICENSE - TEQUILAS By Councilperson Alderman, supported by Councilperson Crayne WHEREAS, the City of Wyandotte established a Downtown Development Authority (“DDA”) within the City of Wyandotte, pursuant to the recodified Tax Increment Financing Act, PA 57 of 2018, Part 2, Section 125.4201 et. seq. and MCL 125.1651 to 125.1681; WHEREAS, the DDA is located as set forth on the attached map; WHEREAS, Tequilas Restaurant & Cantina 2, LLC, doing business as Tequilas II located at 3033 Biddle Avenue, Wyandotte, which address is located in the DDA, has or will apply to the Michigan Liquor Control Commission (“MLCC”) for approval of a MLCC Class C on-premise liquor license to be issued pursuant to MCL 1521(a)(1)(b), commonly known as a “Development District License” or “DDA License”; and WHEREAS, Tequilas Restaurant & Cantina 2, LLC meets the eligibility requirements for license issuance under MCL 436.1521a(1)(b). BE IT RESOLVED by the City Council that Tequilas Restaurant & Cantina 2, LLC is approved for licensure pursuant to City’s applicable ordinances, rules and regulations, and is approved to receive a new Class C DDA License to be issued by MLCC pursuant to MCL 1521(a)(1)(b) and for an SDM license with Sunday Sales (AM/PM) Permit, Entertainment Permit, Social District Permit and One Additional Bar Permit to be located at 3033 Biddle Avenue, Wyandotte, which address is in the DDA, and further recommends that this application be considered for approval by the Michigan Liquor Control Commission. Motion unanimously carried. 3 November 11, 2024 NEW BUSINESS 2024-345 2025 INAUGURATION DATE: TERMS OF OFFICE & ELECTION LAW CHANGES By Councilperson Alderman, supported by Councilperson Crayne BE IT RESOLVED that the City Council receives the information from the City Clerk regarding election law changes and terms of office for elected officials and places it on file. BE IT FURTHER RESOLVED that all current elected officials shall serve until sine die adjournment at the meeting held on June 2, 2025, when the inauguration of newly-elected officials is able to take place with certified results of the May 2025 General Election. Motion unanimously carried. 2024-346 SALE OF FORMER 353 MAPLE & 3123 4TH STREET By Councilperson Alderman, supported by Councilperson Crayne RESOLVED that Council concurs with the recommendation of the City Engineer regarding the sale of the former 353 Maple and 3123 4th Street, Wyandotte; AND BE IT RESOLVED that Council accepts the offer from Christopher and Genii Dawson, 363 Maple, to acquire the 15 feet of the former 353 Maple and all of the former 3123 4th Street for the amount of $2,250.00; AND BE IT RESOLVED that Council accepts the offer from Richard and Tessa Scott, 349 Maple, to acquire the 25 feet of the former 353 Maple for the amount of $1,250.00; AND BE IT FURTHER RESOLVED that the Department of Legal Affairs is hereby directed to prepare the necessary documents and the Mayor and Clerk are hereby authorized to sign said documents. Motion unanimously carried. 2024-347 BILLS & ACCOUNTS By Councilperson Alderman, supported by Councilperson Crayne RESOLVED that the total bills and accounts of $1,868,085.87 as presented by the Mayor and City Clerk are hereby approved for payment. Motion unanimously carried. REPORTS & MINUTES Election Commission 10/14/2024 REMARKS OF THE MAYOR, COUNCIL, & ELECTED OFFICIALS ADJOURNMENT 2024-348 ADJOURNMENT By Councilperson Alderman, supported by Councilperson Crayne RESOLVED, that this regular meeting of the Wyandotte City Council be adjourned at 7:41pm. Motion unanimously carried. ________________________ Lawrence S. Stec, City Clerk

Agenda

AGENDA REGULAR SESSION MONDAY, NOVEMBER 11, 2024 7:00 PM PRESIDING: THE HONORABLE MAYOR ROBERT A. DESANA CHAIRPERSON OF THE EVENING: THE HONORABLE ROBERT ALDERMAN CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Alderman, Calvin, Crayne, Hanna, Shuryan, Stec PRESENTATIONS PRESENTATION OF PETITIONS • Flashing Stop Sign/Speed Bump Petition PUBLIC HEARINGS UNFINISHED BUSINESS CALL TO THE PUBLIC At this time, any persons having matters of immediate importance which they were unable to place in writing prior to the agenda deadline may approach the podium and will have three (3) minutes to address Mayor and Council. CONSENT AGENDA All items listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items, unless a Council member so requests, in which event the items will be removed from the Consent Agenda and added to the regular agenda in New Business. 1. Approval of City Council Minutes 10.28.2024 2. 2025 City Council Meeting Schedule 3. MLCC Redevelopment Liquor License - Tequilas NEW BUSINESS 4. 2025 Inauguration Date: Terms of Office & Election Law Changes 5. Sale of Former 353 Maple & 3123 4th Street BILLS & ACCOUNTS REPORTS & MINUTES Election Commission 10/14/2024 REMARKS OF THE MAYOR, COUNCIL, & ELECTED OFFICIALS NEXT MEETING OF THE CITY COUNCIL: NOVEMBER 25, 2024 ADJOURNMENT Presentation of Petitions RESOLUTION Item Number: # Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ BE IT RESOLVED that the letters/petition received regarding flashing stop signs and speed bumps on 13th is hereby referred to the Police Department. I move the adoption of the foregoing resolution. MOTION by Councilperson _____________________________________________ SUPPORTED by Councilperson __________________________________________ YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec #1 1 October 28, 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 28, 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 Christopher Calvin, Kaylyn Crayne, Todd Hanna, Rosemary Shuryan, Kelly Stec ABSENT: Councilperson Robert Alderman; Theodore Galeski, City Assessor Also Present: Todd Browning, City Treasurer; William R. Look, City Attorney; Jesus Plasencia, City Engineer; and Lawrence Stec, City Clerk PRESENTATIONS • Public Power Coloring Contest Winner PRESENTATION OF PETITIONS PUBLIC HEARING UNFINISHED BUSINESS CALL TO THE PUBLIC CONSENT AGENDA 2024-329 MINUTES By Councilperson Stec, supported by Councilperson Hanna RESOLVED that the minutes of the meeting held under the date of October 14, 2024, be approved as recorded without objection. Motion unanimously carried. 2024-330 REZONING OF PROPERTY: 966-970-974 FORD AVENUE By Councilperson Stec, supported by Councilperson Hanna RESOLVED that the communication from the Planning Commission regarding the rezoning of the property known as 966-970-974 Ford Avenue, Wyandotte is hereby received and placed on file; AND BE IT FURTHER RESOLVED that Council concurs with the recommendation of the Planning Commission and hereby denies the rezoning of the property known as 966-970-974 Ford Avenue, Wyandotte, to B-2 General Business District. Motion unanimously carried. 2024-331 SPECIAL EVENT APPLICATION: LINCOLN CENTER PARADE By Councilperson Stec, supported by Councilperson Hanna BE IT RESOLVED that City Council approves the use of the following city sidewalks and property for The Lincoln Center School event to be held on November 26th, 2024 from 9:30 am to 10:30 am. a. Permission to use the streets surrounding the Lincoln Center school 1. Cora Street from Baumey Avenue to the driveway of the school 2. Baumey Avenue to Electric Street 3. Electric Street to Baumey Avenue to the front of the school Police presence and support is requested. Barricades to be dropped off on the streets before the start of the parade and taken down after 10:30 am or the completion of the parade. This event has been reviewed and approved by the Police Chief, Fire Chief, Recreation Superintendent and DPS Superintendent pending the signing of a hold harmless agreement by the School Board Representative created by the Legal Department and adding the City of Wyandotte as additional insured 2 October 28, 2024 to their insurance policy for no less than a million dollars. If there are any overtime costs associated with this event, The Lincoln Center will be responsible for those costs. Motion unanimously carried. 2024-332 WYANDOTTE INDUSTRIES DOWNTOWN SCULPTURE RE-DESIGN By Councilperson Stec, supported by Councilperson Hanna WHEREAS, the Design Review Board unanimously approved the mermaid sculpture design during a regular meeting held on September 3rd, 2024 conditional upon several design specification requests, and WHEREAS, the Planning Commission held a public hearing #08132024 to review and consider the special approval of the mermaid sculpture, which was subsequently and unanimously approved during a regular meeting on October 17, 2024; BE IT RESOLVED that the City Council concur with the recommendations of the Design Review Board and the Planning Commission and hereby approves the design, location, and proposed installation of the mermaid sculpture at the corner of Biddle Avenue and Elm Street in Downtown Wyandotte. Motion unanimously carried. NEW BUSINESS 2024-333 CITIZEN COMMS: VEOILA FACILITY – K. DANZINGER & M. JALBERT By Councilperson Stec, supported by Councilperson Hanna BE IT RESOLVED that the communications from Megan and Matt Jalbert and Karen Danziger regarding the odor from the Veoila Wastewater Treatment Facility have been received and placed on file. BE IT FURTHER RESOLVED that the City Council request that DUWA report back to the council with updates as they become available. Motion unanimously carried. 2024-334 CITIZEN COMM: JEFFERSON–WILSON AREA TRAFFIC– A.&J SKINNER By Councilperson Stec, supported by Councilperson Hanna BE IT RESOLVED that Anna & Jason Skinner's communication regarding the request for yield signs at 12 St. and Alkali St. and increasing Police presence near Jefferson Elementary and Wilson Middle School be referred to the Police Department for review and recommendation. Motion unanimously carried. 2024-335 COMPLIANCE WITH PA 152 OF 2011, AS AMENDED By Councilperson Stec, supported by Councilperson Hanna RESOLVED that Council concurs with the recommendation of the City Administrator to maintain the 80/20 Cost Sharing Option available under PA 152 of 2011 that was originally adopted on December 19, 2011, and subsequently reaffirmed on May 20, 2013, November 29, 2013, December 15, 2014, and December 21, 2015, November 21, 2016, December 4, 2017, November 19, 2018, November 18, 2019, November 23, 2020, November 1, 2021, December 5, 2022, and January 8, 2024. BE IT FURTHER RESOLVED that Council acknowledges that this action will continue to limit the City from paying more than eighty percent (80%) of the aggregate cost of medical and prescription drug insurance costs for its employees with the remaining medical and prescription drug costs being borne by the employees Motion unanimously carried. 2024-336 POLICE DEPT. – INTERNAL PROMOTION – P. YLLESCAS-ROSALES By Councilperson Stec, supported by Councilperson Hanna BE IT RESOLVED that the Council acknowledges receipt of the communication from the Human Resource Specialist regarding the current position within the Police Records Department and CONCURS with the recommendation therein and hereby declares said position vacant and authorizes the filling of such vacancy and 3 October 28, 2024 FURTHER, RESOLVED BY THE CITY COUNCIL that the Council approves the promotion of part- time Police Records Clerk Paulina Yllescas-Rosales to be promoted to full-time Police Records Clerk at Class Code 27A effective November 4, 2024. Motion unanimously carried. 2024-337 BID FILE #4877: CITY HALL ELEVATOR REPLACEMENT By Councilperson Stec, supported by Councilperson Hanna RESOLVED that Council concurs with the recommendation of the City Engineer and accepts the bid from National Elevator Consultants of Lansing, Michigan, to provide professional services for the replacement of the elevator at Wyandotte City Hall in accordance with Bid File #4877, in the amount of $22,560, which shall be funded from Account 101-440-850-900; BE IT RESOLVED that the Mayor and City Clerk are authorized to sign the contract with National Elevator Consultants. Motion unanimously carried. 2024-338 BID FILE #4872A: SECURITY GLASS 27TH DISTRICT COURT By Councilperson Stec, supported by Councilperson Hanna RESOLVED that Council concurs with the recommendation of the City Engineer and accepts the bid from Peterson Glass Company of Ferndale, Michigan, to provide and install security glass for the 27th District Court in accordance with File #4872A, in the amount of $278,200, which shall be funded from Account 492-200-850-845; BE IT RESOLVED that the Mayor and City Clerk are authorized to sign the contract with Peterson Glass Company. Motion unanimously carried. 2024-339 BILLS & ACCOUNTS By Councilperson Stec, supported by Councilperson Hanna RESOLVED that the total bills and accounts of $10,347,100.13 as presented by the Mayor and City Clerk are hereby approved for payment. Motion unanimously carried. REPORTS & MINUTES Police Commission 10/08/2024 Recreation Commission 09/10/2024 REMARKS OF THE MAYOR, COUNCIL, & ELECTED OFFICIALS ADJOURNMENT 2024-340 ADJOURNMENT By Councilperson Stec, supported by Councilperson Hanna RESOLVED, that this regular meeting of the Wyandotte City Council be adjourned at 8:29pm. Motion unanimously carried. ________________________ Lawrence S. Stec, City Clerk RESOLUTION Item Number: #1 Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ RESOLVED that the minutes of the meeting held under the date of October 28, 2024, be approved as recorded without objection. I move the adoption of the foregoing resolution. MOTION by Councilperson _____________________________________________ SUPPORTED by Councilperson __________________________________________ YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec CITY OF WYANDOTTE REQUEST FOR COUNCIL ACTION MEETING DATE: 11/11/2024 AGENDA ITEM # 2 ITEM: 2025 City Council Meeting Schedule PRESENTER: Larry Stec, City Clerk INDIVIDUALS IN ATTENDANCE: Larry Stec, City Clerk BACKGROUND: Wyandotte City Charter dictates that City Council meetings shall be held at least twice per month. After careful consideration of the 2025 calendar, the Office of the City Clerk has determined the most effective dates for meetings to ensure the steady, efficient operation of the city. Consideration was given to city and federal holidays, election dates, and annual city events. In keeping with the provisions of the Open Meetings Act, a schedule listing all city meetings, including City Council Meetings, will be forthcoming soon after the start of 2025. STRATEGIC PLAN/GOALS: To enhance and ensure the smooth, efficient operations of The City of Wyandotte. ACTION REQUESTED: To receive and file this communication from the Clerk’s Office and to implement the included meeting schedule as presented. BUDGET IMPLICATIONS & ACCOUNT NUMBER: N/A IMPLEMENTATION PLAN: Schedule the meetings listed above and schedule all future meetings with consideration to other events as they may occur within the city. LIST OF ATTACHMENTS: 1. City Council_2025 RESOLUTION Item Number: #2 Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ BE IT RESOLVED that the following meeting dates and item submission deadlines be accepted as the dates for Council Meetings for the 2025 calendar year: MEETING DATES AGENDA ITEM SUBMISSION DEADLINES January 13, 2025 January 8, 2025 January 27, 2025 January 22, 2025 February 10, 2025 January 5, 2025 February 24. 2025 February 19, 2025 March 10, 2025 March 5, 2025 March 24, 2025 March 19, 2025 April 7, 2025 April 2, 2025 April 28, 2025 April 23, 2025 May 12, 2025 May 7, 2025 May 19, 2025 May 14, 2025 June 2, 2025 May 28, 2025 June 23, 2025 June 18, 2025 July 14, 2025 July 9, 2025 July 28, 2025 July 23, 2025 Apgust 11, 2025 August 11, 2025 August 25, 2025 August 20, 2025 Septemeber 8, 2025 September 3, 2025 September 22, 2025 September 17, 2025 October 6, 2025 October 1, 2025 October 20, 2025 October 15, 2025 November 3, 2025 October 29, 2025 November 17, 2025 November 12, 2025 December 8, 2025 December 3, 2025 December 22, 2025 December 17, 2025 I move the adoption of the foregoing resolution. MOTION by Councilperson _____________________________________________ SUPPORTED by Councilperson __________________________________________ YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec 2025 CITY COUNCIL MEETING DATES MEETING DATES AGENDA ITEM SUBMISSION DEADLINES NOTES January 13, 2025 January 8, 2025 January 27, 2025 January 22, 2025 MLK, Jr. Day 1/20 February 10, 2025 February 5, 2025 February 24, 2025 February 19, 2025 President's Day 2/17 March 10, 2025 March 5, 2025 March 24, 2025 March 19, 2025 April 7, 2025 April 2, 2025 Easter 4/20 April 28, 2025 April 23, 2025 May 12, 2025 May 7, 2025 Election 5/6 May 19, 2025 May 14, 2025 Memorial Day 5/26 June 2, 2025 May 28, 2025 June 23, 2025 June 18, 2025 July 14, 2025 July 9, 2025 Independence Day 7/4 July 28, 2025 July 23, 2025 Street Fair July 9-12 August 11, 2025 August 6, 2025 August 25, 2025 August 20, 2025 September 8, 2025 September 3, 2025 Labor Day 9/1 September 22, 2025 September 17, 2025 October 6, 2025 October 1, 2025 October 20, 2025 October 15, 2025 November 3, 2025 October 29, 2025 November 17, 2025 November 12, 2025 Veterans Day 11/11 December 8, 2025 December 3, 2025 Thanksgiving 11/27 December 22, 2025 December 17, 2025 Christmas Holidays CITY OF WYANDOTTE REQUEST FOR COUNCIL ACTION MEETING DATE: 11/11/2024 AGENDA ITEM # 3 ITEM: MLCC Redevelopment Liquor License - Tequilas PRESENTER: Joe Gruber, DDA Director INDIVIDUALS IN ATTENDANCE: BACKGROUND: The State of Michigan allows for the purchase of liquor licenses from the Michigan Liquor Control Commission (MLCC) by establishments located within Downtown Development Authority (DDA) Districts so long as the property owner, applicant, and DDA District meet the State's criteria and are in compliance with the provisions specified by the MLCC Redevelopment License program provisions. Attached for your consideration is a memo from Peter F. Ewasek of Ewasek Law Offices PLC from Northville, Michigan on behalf of his clients Tequilas Restaurant & Cantina 2, LLC (“Tequilas”) who operate the restaurant at 3033 Biddle Avenue. The memo provides detailed overview of the applicant, the program, the application criteria, and all necessary information. Prior to the MLCC state approval, this application for a MLCC Redevelopment License must first be approved by the local unit of government. Also attached are the City Assessors development affidavit and a blank copy of the MLCC Local Government Approval Form. STRATEGIC PLAN/GOALS: To promote a vibrant downtown atmosphere. ACTION REQUESTED: Asking the City Council to approve Tequilas' request for approval of their MLCC Redevelopment License application and to authorize the City Clerk to execute the MLCC Local Government Approval Form. BUDGET IMPLICATIONS & ACCOUNT NUMBER: N/A IMPLEMENTATION PLAN: DDA Director will work alongside Tequilas to facilitate the MLCC Redevelopment License application and approval. City Assessor produced the required Development Affidavit. City Clerk to execute the MLCC Local Government Approval Form. LIST OF ATTACHMENTS: 1. Tequilas MLCC License Memo 10.21.2024 2. Local-Government-Approval-Form-LCC106 3. Development Affidavit DDA Liquor Licenses 10.16.24 4. WFD Tequilas Liquor License Approval Letter 5. WPD Tequilas Liquor License Approval Letter RESOLUTION Item Number: #3 Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ WHEREAS, the City of Wyandotte established a Downtown Development Authority (“DDA”) within the City of Wyandotte, pursuant to the recodified Tax Increment Financing Act, PA 57 of 2018, Part 2, Section 125.4201 et. seq. and MCL 125.1651 to 125.1681; WHEREAS, the DDA is located as set forth on the attached map; WHEREAS, Tequilas Restaurant & Cantina 2, LLC, doing business as Tequilas II located at 3033 Biddle Avenue, Wyandotte, which address is located in the DDA, has or will apply to the Michigan Liquor Control Commission (“MLCC”) for approval of a MLCC Class C on-premise liquor license to be issued pursuant to MCL 1521(a)(1)(b), commonly known as a “Development District License” or “DDA License”; and WHEREAS, Tequilas Restaurant & Cantina 2, LLC meets the eligibility requirements for license issuance under MCL 436.1521a(1)(b). BE IT RESOLVED by the City Council that Tequilas Restaurant & Cantina 2, LLC is approved for licensure pursuant to City’s applicable ordinances, rules and regulations, and is approved to receive a new Class C DDA License to be issued by MLCC pursuant to MCL 1521(a)(1)(b) and for an SDM license with Sunday Sales (AM/PM) Permit, Entertainment Permit, Social District Permit and One Additional Bar Permit to be located at 3033 Biddle Avenue, Wyandotte, which address is in the DDA, and further recommends that this application be considered for approval by the Michigan Liquor Control Commission. I move the adoption of the foregoing resolution. MOTION by Councilperson _____________________________________________ SUPPORTED by Councilperson __________________________________________ YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec MEMORANDUM To: Joe Gruber Re: Tequilas Restaurant & Cantina 2, LLC, 3033 Biddle Ave, Wyandotte, MI 48192; Request for Assistance with Request for a Michigan Liquor Control Commission Class C Development District License (DDA License) to be Issued Pursuant to MCL 436.1521a(1)(b) Dated: Monday, October 21, 2024 Applicant This office represents Tequilas Restaurant & Cantina 2, LLC (“Tequilas”). Tequilas operates a restaurant at the commercial real property commonly known as 3033 Biddle Ave, Wyandotte, MI 48192 (the “Property”). A smallish restaurant (approximately 2,000 square feet and seating capacity is 80), Tequilas has been serving its Mexican fare to Wyandotte patrons at reasonable prices since February of this year. Its hours are 11:00 a.m. to 9:00 pm Sunday through Thursday and 11:00 a.m. to 10:00 pm Friday and Saturday. Pretty much every day at least one Tequila customer asks for a bottle of beer, glass of wine or a cocktail to accompany their dinner. Without a Michigan Liquor Control Commission (“MLCC”) Class C liquor license, Tequilas cannot accommodate those customers. Tequilas has been searching for an affordable, existing Class C license to purchase but none can be found. The sellers of existing Class C liquor licenses that might be used at Tequilas are asking between $70,000 and $80,000 for their licenses. That is just not in the budget for a restaurant the size of Tequilas. This is why Tequilas wishes to have City Council consider its request for approval of a new MLCC Class C liquor license. Applicant’s Request of City Council Tequilas asks Wyandotte’s City Council to approve of a new, MLCC Class C liquor license to be issued pursuant to MCL 436.1521a(1)(b) as a Development District License (“DDA License”). Tequilas will ask MLCC to issue the DDA License together with a new Specially Designated Distributor License and with Sunday Sales (AM/PM) Permit, Entertainment Permit, Social District Permit and One Additional Bar Permit to be located at the Property. Discussion Class C License An MLCC Class C liquor license allows its holder to make retail sales of beer, wine and spiritous liquors for on-premises consumption. “On-premises” means that the products sold by the Class C licensee can only be consumed at the licensee’s premises; they cannot be taken home by the customer. This means that a bar or restaurant holding an MLCC Class C license can sell to its customers beer and wine products as well as spiritous liquor products to be consumed at the licensee’s premises. Ewasek Law Offices PLC – 313.523.6656 1|P a g e If you are a customer of a bar or restaurant that holds a Class C license, you can go in, order and drink a bottle of beer or a glass of wine, or a margarita or gin & tonic or some other drink that contains spiritous liquors. Whatever product you choose, the Class C license only allows you to drink it at the Licensee’s premises. DDA License A DDA License is a Class C liquor license that MLCC may issue pursuant to MCL 436.1521a(1)(b). This section of the Michigan Liquor Control Code of 1998 (“Code”) allows MLCC to issue a Class C liquor license to applicants who are situated within the boundaries of a city’s established downtown development district. If MLCC issues a DDA License, the applicant is required to pay an initial “Enhanced License Fee” of $20,000. Compared to the $70,000 or more that it would cost to acquire an existing Class C license, securing a DDA License is a much more economical way for a smaller restaurant to acquire a Class C license. The downside is that, while a regular Class C license can be moved to a new location, a DDA License is issued only for the premises at which it is initially issued; it cannot be moved to a new location. In addition to the usual requirements imposed upon an MLCC licensee, an applicant for a DDA License must meet several additional requirements. Those additional requirements are: 1. The proposed licensed premises must be located in one of the development districts or areas listed in MCL 436.1521a(1)(b), including: a. Tax Increment Finance Authority District Under Part 3 of Public Act 57 of 2018 (Formerly Public Act 450 of 1980); b. Corridor Improvement Authority Act Development Area under Part 6 of Public Act 57 of 2018 (Formerly Public Act 280 of 2005); c. Downtown Development Authority (DDA) District under Part 2 of Public Act 57 of 2018 (Formerly Public Act 197 of 1975); or d. Principal Shopping District under Public Act 120 of 1961. 2. The total investment in real and personal property within the development district or area shall not be less than $200,000.00 over a period of the preceding five (5) years. 3. The building shall be a restoration or rehabilitation of an existing building and cannot be a brand-new building. 4. The building that will house the proposed licensed premises must have at least $75,000.00 expended for the rehabilitation or restoration of the building over the preceding five (5) years or a commitment for a capital investment of at least $75,000.00 in the building that must be expended before the license is issued. Ewasek Law Offices PLC – 313.523.6656 2|P a g e 5. The licensed business must be engaged in activities related to dining, entertainment, or recreation. 6. The licensed business must be open to the general public and have a seating capacity of not less than 25 persons. Tequilas satisfies all of those additional requirements. SDM License “SDM License” is short for “Specially Designated Merchant License”. A licensee who holds an SDM License is allowed to sell beer and wine, but not spiritous liquors, for off-premises consumption. This means that a customer can walk in, buy a bottle of wine or a beer and take it home with her to drink with her takeout order. Nearly all Class C licensees also hold SDM licenses. Licensees who hold both an SDM and a Class C can sell beer and wine to go as well as beer, wine and spiritous liquors for on-premise consumption. Council approval is not required for a new SDM License. Why Council Approval is Needed The Code requires that, before MLCC can issue a new Class C liquor license, the applicant must secure the approval of the legislative body of the local governmental unit in which the new Class C license will be issued. The issuance of a new Class C DDA License constitutes the issuance of a new Class C license that triggers the need for Tequilas to secure City Council’s approval. If Tequilas were to purchase an existing Class C license, no such City Council approval would be required. Argument Tequilas intends to apply for the issuance of a new Class C license to be issued pursuant to MCL 436.1521a(1)(b). The Code requires Tequilas to secure Council’s approval to allow MLCC to issue to Tequilas a new Class C License. Except for having secured Council’s approval of a new Class C license, Tequilas satisfies all of the requirements of MCL 436.1521a(1)(b). As a smaller store, Tequilas needs to be able to offer beer, wine and cocktails to hold its own in Wyandotte’s extremely competitive restaurant market. The cost of acquiring an existing Class C license does not make financial sense for a restaurant of Tequilas’ size. It makes sense that Council support its constituent restaurants, including Tequilas, and approving a new Class C license for use at Tequilas’ Property is a perfect way to show that support. Summary Tequilas needs a Class C license to compete with its neighboring restaurants. Existing Class C licenses are too expensive. A new Class C License issued pursuant to MCL 436.1521a(1)(b)--a DDA License-- would allow Tequilas to compete. For the reasons set forth in this memo, Tequilas respectfully requests that City Council approve the issuance by MLCC to Tequilas of a new Class C DDA liquor license to be issued pursuant to MCL 436.1521a(1)(b) together with a new Specially Designated Distributor License Ewasek Law Offices PLC – 313.523.6656 3|P a g e and with Sunday Sales (AM/PM) Permit, Entertainment Permit, Social District Permit and One Additional Bar Permit to be located at the Property. Tequilas and I are happy to appear at a City Council meeting to respond to any questions that Council may have regarding this matter. I am always available by phone if you need to discuss. Kindly advise if you require anything further in this regard. Tx, pfe (313) 523-6656 pfe@ewasek.com Ewasek Law Offices PLC – 313.523.6656 4|P a g e Michigan Department of Licensing and Regulatory Affairs Business ID: Liquor Control Commission (MLCC) Toll Free: 866-813-0011 • www.michigan.gov/lcc Request ID: (For MLCC use only) Local Government Approval (Authorized by MCL 436.1501) Instructions for Applicants: • You must obtain a recommendation from the local legislative body for a new on-premises license application, certain types of license classification transfers, and/or a new banquet facility permit. Instructions for Local Legislative Body: • Complete this resolution or provide a resolution, along with certification from the clerk or adopted minutes from the meeting at which this request was considered. At a meeting of the council/board (regular or special) (name of township, city, village) called to order by on at (date) (time) the following resolution was offered: Moved by and supported by that the application from (name of applicant - if a corporation or limited liability company, please state the company name) for the following license(s): (list specific licenses requested) to be located at: and the following permit, if applied for: Banquet Facility Permit Address of Banquet Facility: It is the consensus of this body that it this application be considered for (recommends/does not recommend) approval by the Michigan Liquor Control Commission. If disapproved, the reasons for disapproval are Vote Yeas: Nays: Absent: I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the council/board at a meeting held on (name of township, city, village) (regular or special) (date) Print Name of Clerk Signature of Clerk Date Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals. Please return this completed form along with any corresponding documents to: Michigan Liquor Control Commission Mailing address: P.O. Box 30005, Lansing, MI 48909 Overnight packages: 2407 N. Grand River, Lansing, MI 48906 Fax to: 517-763-0059 LCC-106 (04/24) LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. OFFICIALS MAYOR Robert A. DeSana Theodore H. Galeski CITY ASSESSOR COUNCIL Robert Alderman Lawrence S. Stec Chris Calvin CITY CLERK Kaylyn Crayne Todd Hanna Todd M. Browning Rosemary Shuryan CITY TREASURER Kelly M. Stec Jeremy Moline Fire Chief November 6, 2024 Re: Tequilas 2 Restaurant LLC Liquor License Approval To: Joe Gruber, DDA Director The Fire Department has no objections for the proposed MLCC Redevelopment Liquor License application for Tequilas Restaurant & Cantina 2, LLC operated at 3033 Biddle Avenue. Provided the max occupant load not to exceed 80 persons (includes workers). Please do not hesitate to reach out if there are further questions. Respectfully, Jeremy Moline Fire Chief Wyandotte Fire Department (734) 324-7254 – O (734)363-7802 - C 266 Maple Wyandotte, Michigan 48192 734-324-7252 jmoline@wyandottemi.gov Equal Housing Opportunity/Equal Opportunity Employer CITY OF WYANDOTTE REQUEST FOR COUNCIL ACTION MEETING DATE: 11/11/2024 AGENDA ITEM # 4 ITEM: 2025 Inauguration Date: Terms of Office & Election Law Changes PRESENTER: Lawrence S. Stec, City Clerk INDIVIDUALS IN ATTENDANCE: Lawrence S. Stec, City Clerk BACKGROUND: Proposal 2022-2, in part, changed election law to allow extra time to receive ballots from military and overseas voters. Per PA25 of 2023, these ballots are able to be counted IF they are postmarked by Election Day (or before) and are received by the 6th day following every election. Currently, Chapter 4, Section 41 states "...The term of all elective officers, shall commence at twelve o’clock noon, eastern standard time, on the first Monday following the election." Essentially, the Clerk's Office would still be able to receive timely ballots AFTER the time that our Charter states that our elected officials are to take office. Additionally, because the election is still open on the 6th day following the election and is subsequently unable to be canvassed by the County Board of Canvassers, the results would not be certified. Regarding certification, our County Deputy Director of Elections said, "Local clerks have until the following Tuesday after the election to deliver any MOVE ballots for processing. ...the earliest we could potentially certify is the 2nd Wednesday after the election." Many Clerks sought clarification from the State because of the conflict that this new legislation presented between Charters and State laws. HB5700 was introduced and passed in the House, and referred to the Senate Elections and Ethics Committee. A summary of the bill as passed by the House on 7/9/2024 states: "House Bill 5700 would add a new section to the Home Rule City Act to require terms of office for elected city officials to begin on or after the first day of the month after the official’s election, beginning in 2025. The bill would generally require all terms of city officers elected after December 31, 2024, to begin no earlier than 12:00 p.m. on the first day of the month following the election. If a city charter provides for a term of office to commence after an election but before the first day of the next month, all terms of city officers who are elected after December 31, 2024, would commence on the first day of the month following their election at 12:00 p.m." The bill is currently still in the Senate Elections and Ethics Committee. With this information, it is pertinent that a determination is made regarding the terms of office for our current and next elected officials. Therefore, the current elected officials will serve until the date of the inauguration of newly-elected officials on June 2, 2025. STRATEGIC PLAN/GOALS: To provide transparent and efficient operations regarding elections and elected officials. ACTION REQUESTED: To receive the Clerk's communication regarding May 2025 terms of office and inauguration date and place it on file. BUDGET IMPLICATIONS & ACCOUNT NUMBER: None IMPLEMENTATION PLAN: Inauguration of newly-elected officials in 2025 to be held on June 2, 2025. All current elected officials shall serve until that date when the meeting of June 2, 2025 is adjourned sine die. LIST OF ATTACHMENTS: 1. Wyandotte Charter_Terms & lengths of office 2. Legislative Analysis HB5700 3. Background_Brief_Proposal_22-2_Jan2024 RESOLUTION Item Number: #4 Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ BE IT RESOLVED that the City Council receives the information from the City Clerk regarding election law changes and terms of office for elected officials and places it on file. BE IT FURTHER RESOLVED that all current elected officials shall serve until sine die adjournment at the meeting held on June 2, 2025, when the inauguration of newly-elected officials is able to take place with certified results of the May 2025 General Election. I move the adoption of the foregoing resolution. MOTION by Councilperson _____________________________________________ SUPPORTED by Councilperson __________________________________________ YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec Terms and lengths of office. 41. Section 2. Commencing with the May 3, 2005, General Election and on the first Tuesday after the first Monday in May in every fourth year thereafter, all of the officers mentioned in section 44, shall be elected for a term of four years. Commencing with the April 1997 General Election, the mayor and any councilpersons shall be prohibited from seeking more than three (3) consecutive four (4) year terms of office for the same office, but this prohibition shall not apply to the City Clerk, the City Treasurer, or the City Assessor. The term of all elective officers, shall commence at twelve o’clock noon, eastern standard time, on the first Monday following the election. (Res. passed 9-22-2008, § 1) Editor’s note: At the direction of the city, § 2 has been amended to its original condition. The above paragraph appears as amended by the electorate on 4-3-1950 and 4-7-1997. charter provides for a term of office to commence after an election but before the first day of the next month, all terms of city officers who are elected after December 31, 2024, would commence on the first day of the month following their election at 12:00 p.m. The bill would also specify that an individual elected to fill a vacancy in a city office could not take the oath of office until the results of the election have been certified. Proposed MCL 117.3c House Bill 5701 would amend the General Law Village Act to move the term of office for a village president, clerk, treasurer, or trustee elected at a regular village election to the December 1 following the officer’s election and qualification. Currently, these terms begin on the November 20 after the individual is elected and qualified. The date on which a village council must annually appoint a president pro tempore, which is currently November 20, would also be moved to December 1. However, if a special election were held to fill a vacancy in a village office, the winner could not take the oath of office until the results of the election have been certified. 2 MCL 62.4 et seq. House Bill 5702 would add a new section to the Home Rule Village Act to require terms of office for elected officers in a home rule village to begin on or after December 1, beginning in 2025. The bill would generally require all terms of village officers elected after December 31, 2024, to begin no earlier than 12:00 p.m. on the December 1 following the election. If a village charter provides for a term of office to commence after an election but before December 1, all terms of city officers who are elected after December 31, 2024, would commence on December 1 at 12:00 p.m. The bill would also specify that an individual elected to fill a vacancy in a village office could not take the oath of office until the results of the election have been certified. Proposed MCL 78.24e BRIEF DISCUSSION: Ballot Proposal 2022-2 amended the state constitution to grant military and overseas voters the right to have their absentee ballots counted if the ballot was postmarked on or before election day and received by the appropriate election official within six days of election day. This change was incorporated into the Michigan Election Law by 2023 PA 25. According to committee testimony, the delayed deadline for receiving military and overseas ballots has resulted in the possibility that the presumptive winner of a city, village, or township 2 The General Law Village Act provides that a special election to fill all vacancies can be called by the village councilmembers if there are no longer enough members to constitute a quorum, or by the appropriate township clerk if all village officers and trustees have died or moved and no successors have been elected or appointed. House Fiscal Agency HBs 5699 to 5702 as passed by the House Page 2 of 3 election can begin their term before all votes are returned, since some individuals currently take the oath of office within days of their election. Additionally, the November 20 start date reportedly does not always leave sufficient time for a board of county canvassers to certify all local elections within its jurisdiction. Supporters of House Bills 5699 to 5702 suggest that setting a municipal term of office’s start date at no earlier than December 1 would ensure that an election is finalized and certified before an official is sworn in. No arguments opposing the bill were presented during committee testimony, but concerns were raised that delaying a term of office start date could result in a “lame duck” session of a local body where officers could meet after an election to make last-minute decisions before their successors are sworn in. FISCAL IMPACT: The bills would have no fiscal impact on the state or local units of government. POSITIONS: A representative of the Oakland County Clerk testified in support of the bills. (5-14-24) The following entities indicated support for the bills (5-14-24): • Michigan Department of State • Michigan Association of County Clerks • Michigan Association of Municipal Clerks The Michigan Townships Association indicated a neutral position on HB 5699. (5-14-24) The following entities indicated a neutral position on the bills (5-14-24): • Michigan Municipal League • Pure Integrity for Michigan Elections Legislative Analyst: Holly Kuhn Fiscal Analyst: Michael Cnossen ■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations and does not constitute an official statement of legislative intent. House Fiscal Agency HBs 5699 to 5702 as passed by the House Page 3 of 3 BACKGROUND BRIEF PROPOSAL 22-2 AND RELATED CHANGES TO THE MICHIGAN ELECTION LAW Holly Kuhn, Legislative Analyst January 19, 2024 INTRODUCTION FAST FACTS Proposal 22-2, an initiative petition passed by Michigan voters in November 2022, amended Article II of the state constitution to make several election-related changes, such as allowing early voting at statewide and federal elections and • In November 2022, modifying the procedures for absentee voting.1 Eligible and registered voters may Michigan voters now cast their ballots in one of three ways: by using an early voting site, by adopted Ballot returning an absentee ballot, or by casting a ballot at their polling place on election Proposal 2, an day. initiative petition that enshrined several Below is an overview of the changes made to the Michigan Election Law during the voting rights into the first half of the 2023-24 legislative session to implement Proposal 22-2.2 state constitution and added new provisions EARLY VOTING regarding election certifications, audits, Early voting will be implemented by the secretary of state (SOS) and begins for all and the acceptance of statewide and federal elections in 2024. Early voters have the same rights and are donated election subject to the same requirements as voters who cast their ballots at polling places equipment. on election day. Early voting can be offered up to 29 days before an election but must be available • Michigan joins 46 from the second Saturday before an election until the Sunday before the election states and the District for at least eight hours a day. Beginning January 1, 2026, early voting can also be of Columbia in offered on the Monday before an election until 4:00 p.m. If a municipality conducts offering in-person early voting for a local election, the time and date requirements do not apply. early voting. A municipality can conduct early voting on its own, enter into a municipal • For absentee voting, agreement to jointly conduct early voting with other municipalities in a county, or Proposal 2 requires enter into a county agreement authorizing the county clerk to conduct early voting. state-funded drop Each municipality must designate an early voting site for each precinct and must boxes, return postage use a publicly owned or controlled building (including a municipal or school for election materials, building) unless it is impossible or inconvenient to do so. A building generally and ballot tracking. cannot be used if it is owned or leased by an elected official, a candidate, or a person regulated under the Michigan Campaign Finance Act. A city or township in which there are no available and approved buildings must enter into a municipal or 1 For a summary of Proposal 22-2 and the resulting constitutional changes, see: https://www.house.mi.gov/hfa/PDF/Alpha/Ballot_Proposal_2_of_2022.pdf 2 Although 2023 PA 25 was given immediate effect by the legislature, most of the Proposal 22-2 implementation legislation (2023 PAs 81 to 87, 254, and 259) will take effect February 13, 2024. House Fiscal Agency Phone: (517) 373-8080 • Website: www.house.mi.gov/hfa 1 county agreement. Early voting sites are not subject to the limit on the number of voters that can be allowed in a precinct and can serve voters from more than one municipality within a county. Results cannot be generated or reported from an early voting site until after 8:00 p.m. on election day, and early voting results must be reported separately from absent voter results. ABSENTEE VOTING Michigan voters have been able to request and return an absentee ballot for any reason since 2018.3 Proposal 22-2 further modified the state’s absentee voting laws to implement the following procedures and requirements for individuals who vote absentee rather than at an early voting site or election day polling place: Military and Overseas Voters An absentee ballot cast by a military or overseas voter must be tabulated if it was postmarked on or before election day and received by a clerk within six days of the election. Prepaid Postage Prepaid postage must be included with mailed permanent absent voter list applications, absent voter application forms, absent voter ballot return envelopes, signature cure forms, presidential primary selection forms, and address verification and correction forms. Permanent Absent Voter List Registered voters have the right to receive an absentee ballot for all future elections by submitting a single application to be placed on a permanent absent voter list. A voter will remain on the list until they rescind the application, move without updating their registration address, or do not vote for six consecutive years. A voter can apply by mail or email to their clerk, at their clerk’s office, or through an online SOS portal. Drop Boxes and Ballot Return Each municipality must have a minimum of one secure absentee ballot drop box and at least one drop box for every 15,000 registered voters. Drop boxes must be distributed equitably, accessible at all hours from the 40th day before an election until 8:00 p.m. on election day, and monitored by video during the 75 days before an election and on election day.4 Clerks or sworn staff members must collect election materials from each drop box every day during the 35 days before an election and must allow a voter to cure a missing or insufficient signature on an absent voter application or ballot return envelope. Voters can also insert their absentee ballot into a tabulator at their polling place or early voting site after presenting identification for election purposes or signing an affidavit if they do not have such identification. Ballot Tracking Michigan’s ballot tracking system must allow voters to sign up for email or text notifications to track the status of an absentee ballot or application. An individual must be notified if their application or ballot was rejected, with the reasons for the rejection and the instructions and deadline for curing the issue. The system must also notify an individual of the date their application or ballot was accepted and the date a cured application or ballot was approved. No more than 90 days after an election, but as soon as practicable, clerks must notify an individual whose absentee ballot was returned after the polls closed and not counted. 3 “No-reason” absentee voting was placed into the Michigan constitution by Ballot Proposal 3 of 2018. See: https://www.house.mi.gov/hfa/PDF/Alpha/Ballot_Proposal_2018-3_Promote_The_Vote.pdf. 4 Until 2026, the video monitoring requirement applies only to drop boxes ordered or installed on or after October 1, 2020. House Fiscal Agency Phone: (517) 373-8080 • Website: www.house.mi.gov/hfa 2 Processing and Tabulating Absentee Ballots Before Election Day5 Cities and townships can allow an absent voter counting board (AVCB) to process and tabulate absentee ballots between 7:00 a.m. and 8:00 p.m. on the Monday before election day, or on any of the eight days before election day if the city or a township has a population of at least 5,000 or if a county establishes an AVCB for the city or township. For each day of early processing and tabulation, city and township clerks must verify the signatures on absent voter ballot return envelopes, approve ballots for tabulation, and deliver the approved ballots to the AVCB. An absentee ballot received on a day that early voting is conducted cannot be delivered to an AVCB until the following day, and an absentee ballot can only be tabulated after it is recorded on the registration list at the early voting site and after the list of individuals who cast an early voting ballot on the previous day is recorded in the Qualified Voter File. Ballots must be processed and tabulated in the same manner as absentee ballots processed and tabulated on election day, and results cannot be generated, printed, or reported before 8:00 p.m. on election day. A voter who wishes to spoil their absentee ballot must do so by 5:00 p.m. on the second Friday before election day. IN-PERSON VOTING: ELECTION DAY VOTE CENTERS A city or township that processed at least 500 voter registrations on election day in either of the previous two general elections can establish an election day vote center to allow an individual who completes or updates their voter registration on election day to cast a ballot. Election day vote centers are considered polling places and must be in the same building where a clerk conducts election-day voter registration. At least three election inspectors must be appointed for an election day vote center, and a political party, incorporated organization, or organized committee of interested citizens may have one challenger for every eight election inspectors assigned to an election day vote center. ADDITIONAL CHANGES Identification for election purposes, which an individual must present in order to vote in person or apply in person for an absentee ballot, among other things, now includes a current photo ID card issued by a local government. If a county clerk is a precinct delegate of a political party or an officer or member of a political party’s governing body, they cannot participate in an election audit and must instead appoint a designee. The maximum number of voters allowed in a precinct was increased from 2,999 to 4,999, and precincts that are currently divided can have the division abolished if the consolidated district does not appear to exceed 4,999 active registered voters.6 5 Proposal 2022-2 did not require Michigan to allow absentee ballot processing and tabulation prior to election day, but these changes were made as part of the Proposal 2 implementation package. Previously, a clerk of a city or township with a population of at least 10,000 could begin certain absentee ballot pre-processing activities only on the Sunday and Monday before election day. As of January 2023, 38 other states and the U.S. Virgin Islands allow for some form of absentee ballot processing before election day, and ten of those states allow counting to begin before election day: https://www.ncsl.org/elections-and-campaigns/table-16-when-absentee- mail-ballot-processing-and-counting-can-begin. 6 Proposal 2022-2 did not require increases to the maximum precinct size, but these changes were made as part of the Proposal 2 implementation package. PAs 226 and 227, which increased the precinct size to 4,999 voters, were passed with immediate effect. House Fiscal Agency Phone: (517) 373-8080 • Website: www.house.mi.gov/hfa 3 IMPLEMENTING LEGISLATION • 2023 PA 25 (SB 259) grants military and overseas voters the right to have their absentee ballots counted if the ballot is postmarked by election day and received within six days of the election. • 2023 PA 81 (SB 367) implements early voting and election day vote centers, in addition to most of the new absentee voting procedures. • 2023 PA 82 (SB 370) allows for signature curing and makes other changes to the absent voter ballot application and verification process. • 2023 PA 83 (HB 4696) enacts sentencing guidelines for disclosing an election result from an early voting site before 8:00 p.m. on election day, which is a class E felony against the public trust punishable by up to five years’ imprisonment. • 2023 PA 84 (SB 339) modifies the ballot tracking system. • 2023 PA 85 (HB 4697) modifies drop box requirements. • 2023 PA 86 (HB 4699) establishes the permanent absent voter list. • 2023 PA 87 (SB 373) modifies the acceptable identification for election purposes to include a photo ID issued by a local government and to revise the description of acceptable photo ID from educational institutions. • 2023 PAs 88 (HB 4702), 226 (SB 572), and 227 (SB 573) increase the maximum precinct size. • 2023 PA 254 (SB 570) requires a county clerk to appoint a designee to conduct an election audit if the clerk is a precinct delegate or affiliated with a political party’s governing body. • 2023 PA 259 (HB 4695) makes clarifications to some of the provisions of 2023 PA 81, mainly regarding the duties of election inspectors. House Fiscal Agency Phone: (517) 373-8080 • Website: www.house.mi.gov/hfa 4 CITY OF WYANDOTTE REQUEST FOR COUNCIL ACTION MEETING DATE: 11/11/2024 AGENDA ITEM # 5 ITEM: Sale of Former 353 Maple & 3123 4th Street PRESENTER: Jesus R. Plasencia, City Engineer INDIVIDUALS IN ATTENDANCE: N/A BACKGROUND: The City owns the former 353 Maple and 3123 4th Street. Attached for your approval are two (2) Purchase Agreements to sell said properties to the adjacent property owner(s) : 1. Sell all of the former 3123 4th Street and 15 feet of former 353 Maple to Christopher and Genie Dawson, the adjacent property owners at 363 Maple, for the amount of $2,250.00. The combination of the properties will result in a new lot size of 75' x 140'. 2. Sell 25 feet of the former 353 Maple to Richard and Tessa Scott, the adjacent property owners at 349 Maple, for the amount of $1,250.00. The combination of the two (2) lots will result in a new lot size of 75' x 140'. If you concur with this recommendation, the attached Resolution will authorize the Mayor and Clerk to execute said Purchase Agreements. STRATEGIC PLAN/GOALS: This is consistent with the 2010-2015 Goals and Objectives of the City of Wyandotte Strategic Plan in the commitment to maintaining and developing excellent neighborhoods by; matching tools and efforts to the conditions in city neighborhoods and continuing neighborhood renewal projects, where needed, in order to revitalize structures and infrastructures in residential and commercial areas. ACTION REQUESTED: Approve the Purchase Agreements to sell the former 3123 4th Street and 353 Maple to the adjacent property owner(s) at 363 Maple and 349 Maple ($50 per front foot). BUDGET IMPLICATIONS & ACCOUNT NUMBER: Revenue of $3,500.00 in the TIFA Consolidated Fund (492-000-650-040). IMPLEMENTATION PLAN: The Neighborhood Services Coordinator will coordinate the closing with the Department of Legal Affairs upon approval of the Purchase Agreement. LIST OF ATTACHMENTS: 1. Purchase Agreements Maple 2. Map Maple and 4th Street RESOLUTION Item Number: #5 Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ RESOLVED that Council concurs with the recommendation of the City Engineer regarding the sale of the former 353 Maple and 3123 4th Street, Wyandotte; AND BE IT RESOLVED that Council accepts the offer from Christopher And Genii Dawson, 363 Maple, to acquire the 15 feet of the former 353 Maple and all of the former 3123 4th Street for the amount of $2,250.00; AND BE IT RESOLVED that Council accepts the offer from Richard and Tessa Scott, 349 Maple, to acquire the 25 feet of the former 353 Maple for the amount of $1,250.00; AND BE IT FURTHER RESOLVED that the Department of Legal Affairs is hereby directed to prepare the necessary documents and the Mayor and Clerk are hereby authorized to sign said documents. I move the adoption of the foregoing resolution. MOTION by Councilperson SUPPORTED by Councilperson YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec Bills & Accounts RESOLUTION Item Number: # Date: November 11, 2024 RESOLUTION by Councilperson _________________________________________ RESOLVED that the total bills and accounts of $1,868,085.87 as presented by the Mayor and City Clerk are hereby approved for payment. I move the adoption of the foregoing resolution. MOTION by Councilperson _____________________________________________ SUPPORTED by Councilperson __________________________________________ YEAS COUNCIL NAYS Alderman Calvin Crayne Hanna Shuryan Stec Reports & Minutes Election Commission Meeting October 14, 2024 Meeting called to order at 9:45 am, by Commissioner Lawrence S. Stec ROLL CALL PRESENT: Commissioner William Look, City Attorney, Theodore Galeski, City Assessor and Lawrence S. Stec, City Clerk RESOLUTION 2024-12 Approve Minutes Motion by Commissioner Look, supported by Commissioner Galeski RESOLVED that the minutes of the Election Commission meeting held under the date of Tuesday, July 16, 2024 be approved as recorded. Motion unanimously carried. RESOLUTION 2024-13 Appoint Election Inspectors By Commissioner Look, supported by Commissioner Galeski RESOLVED that the following list of Election Inspectors be appointed to serve for the November 5, 2024 General Election, as presented by the City Clerk: BE IT FURTHER RESOLVED, that the City Clerk has the authority to appoint additional workers, not appearing on the aforementioned list, in emergency situations in order to fully staff the upcoming election. EARLY VOTING-Copeland Center October 26, 2024 – November 3, 2024 EV920 10/26/2024 - Sat 10/27/2024 - Sun 10/28/2024 - Mon 10/29/2024 – Tues. Sue Byrd - CH (D) Judith Jones - CH ( R ) Leslie Lupo - CH ( R ) Judith Jones - CH ( R ) Leslie Lupo ( R ) Jan Goodell (D) Linda Garant (D) Nancy O'Keefe ( R ) Thomas (Jim) Shannon (D) Susan Walker ( R ) Linda Draper (D) Diane Waligora (D) Randy Rice ( R ) Randy Rice ( R ) Randy Rice ( R ) Dennis Guzenda (D) Michael Chojnowski (D) Michael Chojnowski (D) Susan Peters-Scramlin (D) Michael Chojnowski (D) 10/30/2024 – Wed. 10/31/2024 – Thur. 11/1/2024 - Fri 11/2/2024 - Sat Sue Byrd - CH (D) Judith Jones - CH ( R ) Leslie Lupo - CH ( R ) Judith Jones - CH ( R ) Leslie Lupo ( R ) Allen Mazurek (D) Allen Mazurek (D) Gary Calvin ( R ) Kelly Stec (D) Nancy O'Keefe (R) Kelly Stec (D) Jack Priebe (D) Roseanne Griggs (R) Dennis Guzenda (D) Roseanne Griggs (R) Jan Goodell (D) Michael Chojnowski (D) Kim Janeski (D) Michael Chojnowski (D) Michael Chojnowski (D) 11/3/2024 Closing - 11/5/2024 Sun. Tuesday Sue Byrd - CH (D) Sue Byrd - D Leslie Lupo ( R ) Leslie Lupo - R Susan Walker ( R ) Paula Rice - R Susan Peters-Scramlin (D) Michael Chojnowski (D) EARLY VOTING – Copeland Center October 26, 2024 – November 3, 2024 EV921 10/26/2024 - Sat 10/27/2024 – Sun. 10/28/2024 – Mon. 10/29/2024 – Tues. Linda Conger - CH (R) Jeanette McComb - CH (D) Linda Conger - CH ( R ) Jeanette McComb - CH (D) Cheryl Thoms (D) Jon Angeles (R) Kevin Creeden (D) Marjory Ballheim (R) Ronald Thoms (D) Vincent Pattenaude ( R ) Judy Fredrick (D) Vincent Pattenaude ( R ) Paula Rice ( R ) Paula Rice ( R ) Paula Rice ( R ) Greg Mayhew (D) Amy Cannatella (D) Thomas (Jim) Shannon (D) Carolyn Harris ( R ) Deborah Maciag (D) 10/30/2024 Wed. 10/31/2024 – Thurs. 11/1/2024 – Fri. 11/2/2024 - Sat Linda Conger - CH ( R ) Jeanette McComb - CH (D) Linda Conger - CH ( R ) Jeanette McComb - CH (D) Cheryl Thoms (D) Nancy McClain (L) Cheryl Thoms (D) Marjory Ballheim (R) Ronald Thoms (D) Vincent Pattenaude ( R ) Ronald Thoms (D) Vincent Pattenaude ( R ) Joseph Lambrix (D) Kendal Mazurek (D) Kendal Mazurek (D) Linda Draper (D) Carolyn Harris ( R ) Deborah Maciag (D) Carolyn Harris ( R ) Deborah Maciag (D) Paul Wieckowski (D) 11/3/2024 – Sun. Closing - 11/5/2024 – Tues. Linda Conger - CH ( R ) Linda Conger - R Cheryl Thoms (D) Vincent Pattenaude - R Ronald Thoms (D) Cheryl Thoms - D Jon Angeles (R) Judy Fredrick (D) ELECTION DAY PCT# PCT. LOCATION WORKER ASSIGNMENT PARTY 1 Salvation Army, 1258 Biddle Donna Priebe Election Day Chair R 1 Salvation Army, 1258 Biddle Jack Priebe Election Day Co-Chair D 1 Salvation Army, 1258 Biddle Sydney A. Herndon Election Day Inspector R 1 Salvation Army, 1258 Biddle Linda Garant Election Day Inspector D 1 Salvation Army, 1258 Biddle Kristine Golos Election Day Inspector D 1 Salvation Army, 1258 Biddle Dyanna Sarno-Banta Election Day Inspector D 1 Salvation Army, 1258 Biddle Marjory Ballheim Election Day Inspector R 2 Copeland Center, 2306 4th Susan Walker Election Day Chair R 2 Copeland Center, 2306 4th Eleanor M. Samyn Election Day Co-Chair D 2 Copeland Center, 2306 4th Joseph Lambrix Election Day Inspector D 2 Copeland Center, 2306 4th Arreola de la Fuente Election Day Inspector GN 2 Copeland Center, 2306 4th Paul Richard Wieckowski Election Day Inspector D 2 Copeland Center, 2306 4th Bernard Baca Election Day Inspector R 2 Copeland Center, 2306 4th John Alfred Ball Election Day Inspector D 3 Copeland Center, 2306 4th Jean Pilon Election Day Chair D 3 Copeland Center, 2306 4th Cassandra Dezsi Election Day Co-Chair R 3 Copeland Center, 2306 4th Neal Weick Election Day Inspector D 3 Copeland Center, 2306 4th Valentino Zavala Election Day Inspector R 3 Copeland Center, 2306 4th Karen Wilson Election Day Inspector D 3 Copeland Center, 2306 4th Linda Pantanella Election Day Inspector R 3 Copeland Center, 2306 4th Christopher R. Fitek Election Day Inspector D 4 Copeland Center, 2306 4th Judy Fredrick Election Day Chair D 4 Copeland Center, 2306 4th Toni Volante Election Day Co-Chair R 4 Copeland Center, 2306 4th Lisa Castleman Election Day Inspector D 4 Copeland Center, 2306 4th Zoey-Ann Grace Zavala Election Day Inspector R 4 Copeland Center, 2306 4th Kevin Creeden Election Day Inspector D 4 Copeland Center, 2306 4th Wynnith Martino Election Day Inspector R 4 Copeland Center, 2306 4th Suzanne Zavala Election Day Inspector R 5 VFW, 633 Ford Ave. Linda Susko Election Day Chair D 5 VFW, 633 Ford Ave. Stephanie Susko Election Day Co-Chair R 5 VFW, 633 Ford Ave. Lisa Dezsi Election Day Inspector R 5 VFW, 633 Ford Ave. Diane Lupo Election Day Inspector D 5 VFW, 633 Ford Ave. Geri Rutkowski Election Day Inspector R 5 VFW, 633 Ford Ave. Randall Rice Election Day Inspector R 5 VFW, 633 Ford Ave. Susan Peters-Scramlin Election Day Inspector D 6 Wyandotte F.O.P 111, 822 Oak Inga Balke Election Day Chair D 6 Wyandotte F.O.P 111, 822 Oak Deborah Bloomfield Election Day Co-Chair R 6 Wyandotte F.O.P 111, 822 Oak Albert LaRosa Election Day Inspector D 6 Wyandotte F.O.P 111, 822 Oak Christine Hensley Election Day Inspector D 6 Wyandotte F.O.P 111, 822 Oak Bonnie Pawlik Election Day Inspector D 6 Wyandotte F.O.P 111, 822 Oak Barbara Kay Rupprecht Election Day Inspector D 6 Wyandotte F.O.P 111, 822 Oak Teri Ann Skolasinski Election Day Inspector D 7 Wyandotte F.O.P 111, 822 Oak Violet Benash Election Day Chair D 7 Wyandotte F.O.P 111, 822 Oak Alice Ugljesa Election Day Co-Chair R 7 Wyandotte F.O.P 111, 822 Oak Greg Mayhew Election Day Inspector D 7 Wyandotte F.O.P 111, 822 Oak Thomas (Jim) Shannon Election Day Inspector D 7 Wyandotte F.O.P 111, 822 Oak Thomas Kaul Election Day Inspector R 7 Wyandotte F.O.P 111, 822 Oak James Skolasinski Election Day Inspector D 7 Wyandotte F.O.P 111, 822 Oak Lisa Poma Election Day Inspector D 8 PRCUA 162, 1430 Oak Kelly M. Stec Election Day Chair D 8 PRCUA 162, 1430 Oak Judi Jones Election Day Co-Chair R 8 PRCUA 162, 1430 Oak Deborah Maciag Election Day Inspector D 8 PRCUA 162, 1430 Oak Michael Chojnowski Election Day Inspector D 8 PRCUA 162, 1430 Oak Linda Draper Election Day Inspector D 8 PRCUA 162, 1430 Oak Nancy McClain Election Day Inspector L 8 PRCUA 162, 1430 Oak Gary Calvin Election Day Inspector R 9 PRCUA 162, 1430 Oak Jeanette McComb Election Day Chair D 9 PRCUA 162, 1430 Oak Jan Goodell Election Day Co-Chair R 9 PRCUA 162, 1430 Oak Diane Waligora Election Day Inspector D 9 PRCUA 162, 1430 Oak Geraldine R. Bidari Election Day Inspector D 9 PRCUA 162, 1430 Oak Thomas Redmond Election Day Inspector D 9 PRCUA 162, 1430 Oak Paul Michael Krystyniak Election Day Inspector R 9 PRCUA 162, 1430 Oak Alberta (Anna) P. Haunert Election Day Inspector R 10 Wyandotte F.O.P 111, 822 Oak Karl Balke Election Day Chair D 10 Wyandotte F.O.P 111, 822 Oak Jonathan Angeles Election Day Co-Chair R 10 Wyandotte F.O.P 111, 822 Oak Joel Adkins Election Day Inspector D 10 Wyandotte F.O.P 111, 822 Oak Joyce Eastridge Election Day Inspector D 10 Wyandotte F.O.P 111, 822 Oak Kim E. Janeski Election Day Inspector D 10 Wyandotte F.O.P 111, 822 Oak Nancy O'Keefe Election Day Inspector R 10 Wyandotte F.O.P 111, 822 Oak Gary Ellison Election Day Inspector WC AVCB – City Hall Council Chambers Brian Martin D Sarah Martin R Wyatt Martin D Tracy Nagy R Rodney Wieckowski D Albert Starzec L Barbara Kanalos R Sean Remisoski R Paul McShane R Janet McShane R Amanda Madden R Denyell Girvin R Dennis Girvin R Mike Yost R Harry Farrell D Denis Martin D Brenda Shaw D Paul Shaw D Rich Lewis R Jennifer Ptak D Robert Loucks D Thomas Morris R ALTERNATES Wanda Lynn Swiecki D Steven Scibilia D Gary Martich D Pauline Kellogg Averbach D Charles Peacock D Linda Ellen Osmialowski D Gerald G. Brohl Jr. D Jonathan Gonzales D Esteban Huerta D Theresa Stec D Veronica Brumbaugh D Neala Grace Callan D Penelope (Penny) Ryan D Arleen Bryl D Laurie A. Mata D Diane Weinman D Elizabeth Berton-Reilly D Melissa Marie Ball D Emma Ball D Loretta Baker D Maria R. Ramos D Audrey Lynn Newman D Elizabeth Carmona D Deborah Lee Fossano D Jennifer Lynne Powers D Renee Bell D Paul Lupo D Ryleigh Long D Linda McCormack D Laura Jane Cusumano D Michelle Ann Deibis D Janice L. Tardiff D Stephanie Miello R Sherry Malcomson R Mary-Ann Burgess R Dawn Aileen Zeld R Thomas Haunert R Kirk Oswald R Betty Tyson R Nancy Schartz R Robert Schartz R Ted Wienclaw L Susan Lynn Dougherty UST Dyanna Sarno-Bante D Lora Martinez D Brooks Anthony Blackledge D Motion unanimously carried. RESOLUTION 2024- 14 Establish Receiving Board By Commissioner Look, supported by Commissioner Galeski WHEREAS, the City Clerk is responsible for conducting elections in the City of Wyandotte; and WHEREAS, MCL 168.679(a) provides the Election Commission of a city, township, or village shall, by resolution, provide that at an election at which the ballots are counted and certified at the precinct, one or more additional boards of election inspectors be appointed to serve as Receiving Boards; and WHEREAS, the City of Wyandotte Receiving Board is responsible for the duties as outlined in Section 168.679(a) of the Michigan Election Law (Article 116 of 1954); and WHEREAS, the board of election commissioners shall appoint two or more election inspectors, with an equal number from each major political party to the Receiving Board prior to each election; NOW THEREFORE, BE IT RESOLVED: The Election Commission authorizes the establishment of a Receiving Board and the appointment of Beth Lekity, Deputy Clerk - D, Janice S. Hochberg - R, Nicole Rowland – R, Kelly Roberts - R, Jesus Plasencia - D, Julie Sadlowski - R, Mary Look - D, Mary Tabin – R & David Fuller – D, to the Receiving Board for the General Election to be held on Tuesday, November 5, 2024 in the City of Wyandotte. Motion unanimously carried. RESOLUTION 2024-15 Delegate duties to City Clerk By Commissioner Look, supported by Commissioner Galeski WHEREAS Michigan Election Law allows the Board of Election Commissioners of a city to delegate certain duties to the local clerk or authorized assistants for the General Election to be held on Tuesday, November 5, 2024. NOW THEREFORE BE IT RESOLVED that the City of Wyandotte Board of Election Commissioners hereby delegates the following duties to the City Clerk and authorized assistants under his supervision: 1) Preparing meeting materials for the Election Commission 2) Preparing, printing and delivering ballots 3) Providing election supplies and ballot containers 4) Preliminary logic and accuracy testing 5) Notifying major political parties of certified precinct inspector appointments 6) Implementation of the Electronic Poll Book (EPB) 7) Carrying out all other election related duties for the City of Wyandotte Motion unanimously carried. RESOLUTION 2024-16 Accuracy Test/Designate Accuracy Board By Commissioner Look, supported by Commissioner Galeski RESOLVED that the Public Accuracy Test for the November 5, 2024 General Election be held on Monday, October 21, 2024, at 10am in the City Clerk’s Office. BE IT FURTHER RESOLVED that Beth Lekity (D), Deputy Clerk, and Janice S. Hochberg (R), Nicole Rowland (R), be designated to serve as the Accuracy Board for the purpose of conducting said Accuracy Test. Motion unanimously carried. There being no further business, the meeting adjourned at 6:42 pm _____________________________ Lawrence S. Stec, City Clerk

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