October 28, 2002

 

A regular meeting of the City Council was held on Monday, October 28, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the October 14, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member Wazbinski.  (Motion adopted.)

 

General Recreation Fees – Ordinance Amendment

Martin McGuire, Director of Public Services, presented information on a second reading of an amendment to Section 21-73 of Division 4 of Article II of Chapter 21 of the Code of Ordinances.  This amendment would add a fee for the off-season rental of Currie Clubhouse.  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1544

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.                        Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-73.  General recreation fees

        (1)        Adult softball player        $        18.00  per player

        (2)        Adult softball player (2nd team) $        10.00  per player

        (3)        Each softball team in individual tournaments        $        20.00  per team

        (4)        Youth softball player        $        4.00    per player

        (5)        Adult baseball player        $        10.00  per player

        (6)        Adult soccer player        $        5.00    per player

        (7)        Adult soccer team        $        20.00  per team

        (8)        Youth soccer player          no charge                 

        (9)        Rugby player        $        6.00    per player

        (10)    Ski rental (each 2 hours or part thereof)      $        6.00    per 2 hours

        (11)        Toboggan rental (per hour – 2 hour maximum) $        4.00    per hour

        (12)        Chalet building rental (2 hour maximum) $        25.00  per hour

                After 2 hour minimum        $        15.00  per hour

        (13)        Currie West Clubhouse rental         $        50.00  per hour

                After 2 hour minimum        $        35.00  per hour

        (14)        Picnic kit deposit      $        15.00  per kit

        (15)        Summer play program (entire 8 week program)           no charge

        (16)        Summer play program (per day charge)              no charge

Section 2.                        This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Cemetery Rates, Charges and Fees - Ordinance Amendment

Martin McGuire, Director of Public Services, presented information on a second reading of an amendment to Section 6-20 of Chapter 6 of the Code of Ordinances.  This amendment would establish a rate for interment/disinterment of indigents.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. 1545

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 6-20 OF CHAPTER 6 THEREOF.

The City of Midland Ordains:

Section 1.                  Section 6-20 of Chapter 6 is amended to read as follows:

Sec. 6-20           Cemetery rates, charges and fees

         The rates, charges and fees for cemetery space and services are as follows:

         (1)         Purchase prices (single grave rates):         Resident          Non-resident

               (a)         Adult space, standard section   $         525.00         $         785.00

               (b)         Adult space, flush marker section            460.00             690.00

               (c)         Infant space, Little Shepherd                 155.00             235.00

               (d)         Cremation space           120.00             180.00

         (2)         Perpetual care (added to interment cost when not previously paid):

         (a)   Adult space, standard section   $   175.00   $   262.50

               (b)         Adult space, flush marker section            155.00             232.50

               (c)         Infant space, Little Shepherd                 52.50               80.00

               (d)         Cremation space           40.00               60.00

         (3)         Interment/disinterment:          Regular Fee         After 4:00 pm         Saturday

               (a)         Adult         $         485.00             575.00             830.00

               (b)         Child (3’-5’ length)                  345.00             435.00             690.00

               (c)         Infant (2’-3’ length)                  220.00             310.00             565.00

               (d)         Inurnment (Cremation)          125.00             215.00             470.00

(4)   Indigent grave space:

(a)         Adult         $         80.00

      (b)      Infant/child            60.00

(c)    Any resident who is indigent will have one grave space on a Terrace Lot available at a cost of $80 for an adult and $60 for an infant/child with waiver of the perpetual care fee.  Indigent interment charges will prevail.  Limitations on stone placement shall apply in accord with Section 6-20(4)(d).

(d)   Monuments or markers shall be permitted upon the graves of persons buried under special rates for indigent status if either of the following occurs:  (1)  a veterans marker is provided by the government, or (2) an additional payment to the City equal to the balance of cost for an adult space in a standard section for an adult, or the balance of cost for an infant space in Little Shepherd section for an infant, plus interment and perpetual care fees prevailing at the time of Interment.

Indigent Interment/Disinterment

(a)         Adult or Child         $         200.00

         (6)         Foundation fees:

               (a)         Minimum Charge (< 300 sq. in.)    $         120.00

               (b)         Cost/square inch (> 300 sq. in.)               0.40

               (c)         Aprons cost/square inch        0.15

               (d)         Removals cost/square inch        0.15

         (7)         Deeds

               (a)         Duplicate deeds  $         15.00

               (b)         Transfer of deeds          15.00

Section 2         This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Golf Course Fees – Ordinance Amendment (1st reading)

Martin McGuire, Director of Public Services, presented information on an amendment to Section 21-71 of Division 2 of Article II of Chapter 21 that would amend the fees for private golf carts at Currie Municipal Golf Course.  Ms. Dale Anderson, 3405 Green Road, asked where funds collected for the golf carts go and commented that other courses charge one flat fee for the cart rental instead of a per person rental.  Mr. McGuire indicated the funds collected would go directly to the golf course right now.  Paul Handt, 5101 Highridge Court, stated he believed that most golf courses tended to charge a per person fee for cart rentals. Introduction and first reading of the following ordinance amendment was then offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.                        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

  (1)   Regular: 9-hole, Weekday, East & West Course      $ 10.00         per play

         Regular: 9-hole, Weekend, East Course    $   11.00            per play

         Regular: 9-hole, Weekend, West Course    $   15.00            per play

  (2)   Regular: 18-hole, Weekday, East & West Course      $ 18.00         per play
         Regular: 18-hole, Weekend, East Course    $   20.00            per play

         Regular: 18-hole, Weekend, West Course    $   28.00            per play

  (3)   Senior: 9-hole (7:00 a.m. - 3:00 p.m., M - F), East & West Course      $ 7.00           per play

  (4)   Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F), East & West Course      $ 12.00         per play

  (5)   Twilight golf, East & West Course      $ 7.00           per play

  (6)   Winter rate (November 1 – March 1), East & West Course    $   5.00 per day

  (7)   Regular: Par 3  $   5.00  per play

  (8)   Senior and youth: Par 3    $   3.50 per play

  (9)   20-play pass, Weekday only   $       190.00          per pass

(10)   Unlimited Play: East & West Course

                  Single season pass           $           590.00                      per pass

                  Double season pass           $           945.00                      per pass

(11)   Restricted Play: With West Course weekend differential 

                  Single season pass   $ 540.00             per pass

                  Double season pass   $ 865.00             per pass

                  West Course weekend differential, 9 holes           $           5.00                      per play

                  West Course weekend differential, 18 holes           $           10.00                      per play

(12)   Senior Unlimited Play: East & West Course

                  Single season pass   $ 535.00             per pass

                  Double season pass   $ 855.00             per pass

(13)   Senior/Youth Limited: 9 holes weekday before 3:00 p.m. with differential for non-discounted times

                  Single season pass   $ 340.00             per pass

                  Double season pass   $ 545.00             per pass

         Weekend differential, East 9    $   4.00        per play

         Weekend differential, West 9  $   8.00        per play

         Weekend differential, East 18 $   8.00        per play

         Weekend differential, West 18 $   16.00      per play

            Weekday differential, 9   $       3.00        per play

            Weekday differential, 18   $       6.00        per play

(14)   Trail Fee (Private carts, when owner or members of immediate family is present)
                  Season Pass (maximum allowed – 30)    $   110.00    $   220.00 per pass
                  Daily Pass                              $   5.00  per pass

Section 2.                        This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Ordinance Amendment Regarding Deer Management (1st reading)

Martin McGuire, Director of Public Services, presented information on an ordinance amendment to Section 16-16 of Chapter 16 of the Code of Ordinances regarding deer management within the City of Midland.  Introduction and first reading of the following ordinance amendment was then offered by Council Member Griggs and seconded by Council Member Wazbinski:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY AMENDING SECTION 16-16 OF CHAPTER 16 THEREOF.

The City of Midland Ordains:

Section 1.  Section 16-16 is hereby amended to read as follows:

Sec. 16-16.  Hunting, pursuing wild animals, birds, waterfowl, etc.

(a) It shall be unlawful for any person to hunt, pursue, worry or kill any wild animals, birds or waterfowl by any means whatsoever within the city or upon property owned by the city, wherever located, except that the foregoing shall not apply to:

            (1) The use of live traps under the lawful authority of and supervision by either the city manager or the County of Midland Animal Control Center;

            (2) Police officers acting in the line of duty; or

            (3) Persons directly authorized by the city manager to dispose of wild animals, birds or waterfowl causing nuisance or damage.  TrainING or practiceING a dog upon game birds and such animals as may be lawfully hunted with a dog during the periods established or authorized by state statute and any rules or regulations issued thereunder.

(b) Notwithstanding subsection (a), it shall be lawful: THE CITY MANAGER MAY AUTHORIZE

            (1) To train or practice a dog upon game birds and such animals as may be lawfully hunted with a dog during the periods established or authorized by state statute and any rules or regulations issued thereunder.

            (2) Subject to the provisions of Section 38 of Public Act 286 of the Public Acts of the State of Michigan of 1929, as amended (MCLA 314.38; MSA 13.1386), and any other applicable state statute or any rules or regulations issued thereunder and the provisions of section 16-15 of the city Code of Ordinances, it shall be lawful for:

            a. Carnivorous wild animals to be killed or taken by the owner of property or his or her agent in emergency cases when his or her property is being damaged by such animals; and

            b. The hunting of deer by bow and arrows on clearly defined and undeveloped land areas of one hundred (100) acres or more in size upon WITHIN THE CITY OF MIDLAND PROVIDED THAT ALL OF THE FOLLOWING ARE OBTAINED BY THE CITY MANAGER PRIOR TO GRANTING AUTHORIZATION.

(1) a written request filed with the city manager by the property owner of such land,

(2) INSPECTION OF THE REQUESTED LAND AREA BY THE CITY OF MIDLAND AND THE MICHIGAN DEPARTMENT OF NATURAL RESOURCES (MDNR),

(3) A FAVORABLE RECOMMENDATION IN WRITING BY OFFICIALS OF THE MDNR, AND

(4) A FAVORABLE RECOMMENDATION BY THE CHIEF OF POLICE.

Section 2.  This ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Telecommunications Ordinance – (Emergency Ordinance)

James Branson, City Attorney, presented two emergency ordinances and a resolution adopting a Metropolitan Extension Telecommunications Right-of-Way Oversight Act, adding Article VI of Chapter 15 (Metropolitan Extension Telecommunications) to the list of civil infractions and directing the City Manager to take appropriate steps to comply with Public Act 48 of 2002 (METRO Act).  The METRO Act, designed to bring cities and villages substantial funds to assist in managing and maintaining the public rights-of-way and to reduce conflicts with telecommunication providers, takes effect November 1, 2002.  Under this Act, providers will pay the METRO Authority an annual maintenance fee of 5 cents per linear foot.  These funds will all be distributed by the METRO Authority to local units of government.  Seventy-five percent of this revenue will be distributed to cities and villages using a distribution formula used to distribute gas and weight tax revenue.  The following emergency ordinance adding a new article VI of Chapter 15 – Telecommunications was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1545

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE WHICH NEW ARTICLE SHALL BE DESIGNATED AS ARTICLE VI OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1.            Article VI of Chapter 15 is hereby created to read as follows:

ARTICLE VI.  TELECOMMUNICATIONS

Sec. 15-180.   Purpose.

The purposes of this ordinance are to regulate access to and ongoing use of public rights-of-way by telecommunications providers for their telecommunications facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way in compliance with the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002) ("Act") and other applicable law, and to ensure that the City qualifies for distributions under the Act by modifying the fees charged to providers and complying with the Act.

Sec. 15-181.   Conflict.

            Nothing in this ordinance shall be construed in such a manner as to conflict with the Act or other applicable law.

Sec. 15-182.   Terms Defined.

            The terms used in this ordinance shall have the following meanings:

Act means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Act No. 48 of the Public Acts of 2002), as amended from time to time.

            City means the City of Midland.

City Council means the City Council of the City of Midland or its designee.  This Section does not authorize delegation of any decision or function that is required by law to be made by the City Council.

City Manager means the City Manager or his or her designee.

Permit means a non-exclusive permit issued pursuant to the Act and this ordinance to a telecommunications provider to use the public rights-of-way in the City for its telecommunications facilities.

            All other terms used in this ordinance shall have the same meaning as defined or as provided in the Act, including without limitation the following:

Authority means the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority created pursuant to Section 3 of the Act.

MPSC means the Michigan Public Service Commission in the Department of Consumer and Industry Services, and shall have the same meaning as the term "Commission" in the Act.

Person means an individual, corporation, partnership, association, governmental entity, or any other legal entity.

Public Right-of-Way means the area on, below, or above a public roadway, highway, street, alley, easement or waterway.  Public right-of-way does not include a federal, state, or private right-of-way.

Telecommunication Facilities or Facilities means the equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplify, or provide telecommunication services or signals.  Telecommunication facilities or facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in section 332(d) of part I of title III of the communications act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, two-way communication device.

Telecommunications Provider, Provider and Telecommunications Services mean those terms as defined in Section 102 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2102.  Telecommunication provider does not include a person or an affiliate of that person when providing a federally licensed commercial mobile radio service as defined in Section 332(d) of part I of the communications act of 1934, chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defined as commercial mobile radio service in 47 CFR 20.3, or service provided by any wireless, two-way communication device.  For the purpose of the Act and this ordinance only, a provider also includes all of the following:

(a) A cable television operator that provides a telecommunications service.

(b) Except as otherwise provided by the Act, a person who owns telecommunication facilities located within a public right-of-way.

(c) A person providing broadband internet transport access service.

Sec. 15-183.   Permit Required.

            (a)            Permit Required.  Except as otherwise provided in the Act, a telecommunications provider using or seeking to use public rights-of-way in the City for its telecommunications facilities shall apply for and obtain a permit pursuant to this ordinance. 

(b)            Application.  Telecommunications providers shall apply for a permit on an application form approved by the MPSC in accordance with Section 6(1) of the Act.  A telecommunications provider shall file one copy of the application with the City Clerk, one copy with the City Manager, and one copy with the City Attorney.  Upon receipt, the City Clerk shall make four (4) copies of the application and distribute a copy to the City Engineer, the Director of Planning & Community Development, the Director of Public Services, and the Utilities Director.  Applications shall be complete and include all information required by the Act, including without limitation a route map showing the location of the provider's existing and proposed facilities in accordance with Section 6(5) of the Act.

            (c)            Confidential Information.  If a telecommunications provider claims that any portion of the route maps submitted by it as part of its application contain trade secret, proprietary, or confidential information, which is exempt from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to Section 6(5) of the Act, the telecommunications provider shall prominently so indicate on the face of each map.

            (d)            Application Fee.  Except as otherwise provided by the Act, the application shall be accompanied by a one-time non-refundable application fee in the amount of $500.00.

            (e)            Additional Information.  The City Manager may request an applicant to submit such additional information, which the City Manager deems reasonably necessary or relevant.  The applicant shall comply with all such requests in compliance with reasonable deadlines for such additional information established by the City Manager.  If the City and the applicant cannot agree on the requirement of additional information requested by the City, the City or the applicant shall notify the MPSC as provided in Section 6(2) of the Act.

(f)            Previously Issued Permits.  Pursuant to Section 5(1) of the Act, authorizations or permits previously issued by the City under Section 251 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2251 and authorizations or permits issued by the City to telecommunications providers prior to the 1995 enactment of Section 251 of the Michigan telecommunications act but after 1985 shall satisfy the permit requirements of this ordinance.

(g)            Existing Providers.  Pursuant to Section 5(3) of the Act, within 180 days from November 1, 2002, the effective date of the Act, a telecommunications provider with facilities located in a public right-of-way in the City as of such date, that has not previously obtained authorization or a permit under Section 251 of the Michigan telecommunications act, 1991 PA 179, MCL 484.2251, shall submit to the City an application for a permit in accordance with the requirements of this ordinance.  Pursuant to Section 5(3) of the Act, a telecommunications provider submitting an application under this subsection is not required to pay the $500.00 application fee required under subsection (d) above.  A provider under this subsection shall be given up to an additional 180 days to submit the permit application if allowed by the Authority, as provided in Section 5(4) of the Act.

Sec. 15-184.   Issuance of Permit.

            (a)            Approval or Denial.  The authority to approve or deny an application for a permit is hereby delegated to the City Manager.  Pursuant to Section 15(3) of the Act, the City Manager shall approve or deny an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit under Section 15-183(b) of this ordinance for access to a public right-of-way within the City.  Pursuant to Section 6(6) of the Act, the City Manager shall notify the MPSC when the City Manager has granted or denied a permit, including information regarding the date on which the application was filed and the date on which permit was granted or denied.  The City Manager shall not unreasonably deny an application for a permit.

            (b)            Form of Permit.  If an application for permit is approved, the City Manager shall issue the permit in the form approved by the MPSC, with or without additional or different permit terms, in accordance with Sections 6(1), 6(2) and 15 of the Act.

            (c)            Conditions.  Pursuant to Section 15(4) of the Act, the City Manager may impose conditions on the issuance of a permit, which conditions shall be limited to the telecommunications provider's access and usage of the public right-of-way. 

            (d)            Bond Requirement.   Pursuant to Section 15(3) of the Act, and without limitation on subsection (c) above, the City Manager may require that a bond be posted by the telecommunications provider as a condition of the permit.  If a bond is required, it shall not exceed the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunications provider's access and use.

  Sec. 15-185.   Construction/Engineering Permit.

            A telecommunications provider shall not commence construction upon, over, across, or under the public rights-of-way in the City without first obtaining a construction or engineering permit as required under chapter 22 of this Code, as amended, for construction within the public rights-of-way.  No fee shall be charged for such a construction or engineering permit.

Sec. 15-186.   Conduit or Utility Poles.

Pursuant to Section 4(3) of the Act, obtaining a permit or paying the fees required under the Act or under this ordinance does not give a telecommunications provider a right to use conduit or utility poles.

Sec. 15-187.   Route Maps.

Pursuant to Section 6(7) of the Act, a telecommunications provider shall, within 90 days after the substantial completion of construction of new telecommunications facilities in the City, submit route maps showing the location of the telecommunications facilities to both the MPSC and to the City.  The route maps should be in electronic format unless and until the MPSC determines otherwise, in accordance with Section 6(8) of the Act.

Sec. 15-188.   Repair of Damage.

Pursuant to Section 15(5) of the Act, a telecommunications provider undertaking an excavation or construction or installing telecommunications facilities within a public right-of-way or temporarily obstructing a public right-of-way in the City, as authorized by a permit, shall promptly repair all damage done to the street surface and all installations under, over, below, or within the public right-of-way and shall promptly restore the public right-of-way to its preexisting condition.

Sec. 15-189.   Establishment and Payment of Maintenance Fee.

            In addition to the non-refundable application fee paid to the City set forth in subsection 4(d) above, a telecommunications provider with telecommunications facilities in the City's public rights-of-way shall pay an annual maintenance fee to the Authority pursuant to Section 8 of the Act. 

Sec. 15-190.   Modification of Existing Fees.

            In compliance with the requirements of Section 13(1) of the Act, the City hereby modifies, to the extent necessary, any fees charged to telecommunications providers after November 1, 2002, the effective date of the Act, relating to access and usage of the public rights-of-way, to an amount not exceeding the amounts of fees and charges required under the Act, which shall be paid to the Authority.  In compliance with the requirements of Section 13(4) of the Act, the City also hereby approves modification of the fees of providers with telecommunication facilities in public rights-of-way within the City's boundaries, so that those providers pay only those fees required under Section 8 of the Act.  The City shall provide each telecommunications provider affected by the fee with a copy of this ordinance, in compliance with the requirement of Section 13(4) of the Act. To the extent any fees are charged telecommunications providers in excess of the amounts permitted under the Act, or which are otherwise inconsistent with the Act, such imposition is hereby declared to be contrary to the City's policy and intent, and upon application by a provider or discovery by the City, shall be promptly refunded as having been charged in error.

Sec. 15-191.   Savings Clause.

            Pursuant to Section 13(5) of the Act, if Section 8 of the Act is found to be invalid or unconstitutional, the modification of fees under Section 11 above shall be void from the date the modification was made. 

Sec. 15-192.   Use of Funds.

            Pursuant to Section 10(4) of the Act, all amounts received by the City from the Authority shall be used by the City solely for rights-of-way related purposes.

Sec. 15-193.   Annual Report.

            Pursuant to Section 10(5) of the Act, the City Manager shall file an annual report with the Authority on the use and disposition of funds annually distributed by the Authority.

Sec. 15-194.   Cable Television Operators.

            Pursuant to Section 13(6) of the Act, the City shall not hold a cable television operator in default or seek any remedy for its failure to satisfy an obligation, if any, to pay after November 1, 2002, the effective date of this Act, a franchise fee or similar fee on that portion of gross revenues from charges the cable operator received for cable modem services provided through broadband internet transport access services.

Sec. 15-195.   Existing Rights.

            Pursuant to Section 4(2) of the Act, except as expressly provided herein with respect to fees, this ordinance shall not affect any existing rights that a telecommunications provider or the City may have under a permit issued by the City or under a contract between the City and a telecommunications provider related to the use of the public rights-of-way. 

Sec. 15-196.   Compliance.

            The City hereby declares that its policy and intent in adopting this ordinance is to fully comply with the requirements of the Act, and the provisions hereof should be construed in such a manner as to achieve that purpose.  The City shall comply in all respects with the requirements of the Act, including but not limited to the following:

(a) Exempting certain route maps from the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, as provided in Section 4(c) of this ordinance;

(b) Allowing certain previously issued permits to satisfy the permit requirements hereof, in accordance with Section 4(f) of this ordinance;

(c) Allowing existing providers additional time in which to submit an application for a permit, and excusing such providers from the $500 application fee, in accordance with Section 4(g) of this ordinance;

(d) Approving or denying an application for a permit within forty-five (45) days from the date a telecommunications provider files an application for a permit for access to and usage of a public right-of-way within the City, in accordance with Section 5(a) of this ordinance;

(e) Notifying the MPSC when the City has granted or denied a permit, in accordance with Section 5(a) of this ordinance;

(f) Not unreasonably denying an application for a permit, in accordance with Section 5(a) of this ordinance;

(g) Issuing a permit in the form approved by the MPSC, with or without additional or different permit terms, as provided in Section 5(b) of this ordinance;

(h) Limiting the conditions imposed on the issuance of a permit to the telecommunications provider's access and usage of the public right-of-way, in accordance with Section 5(c) of this ordinance;

(i) Not requiring a bond of a telecommunications provider which exceeds the reasonable cost to ensure that the public right-of-way is returned to its original condition during and after the telecommunication provider's access and use, in accordance with Section 5(d) of this ordinance;

(j) Not charging any telecommunications providers any additional fees for construction or engineering permits, in accordance with Section 6 of this ordinance;

(k) Providing each telecommunications provider affected by the City's right-of-way fees with a copy of this ordinance, in accordance with Section 11 of this ordinance;

(l) Submitting an annual report to the Authority, in accordance with Section 14 of this ordinance; and

(m) Not holding a cable television operator in default for a failure to pay certain franchise fees, in accordance with Section 15 of this ordinance.

Sec. 15-197.   Reservation of Police Powers.

            Pursuant to Section 15(2) of the Act, this ordinance shall not limit the City's right to review and approve a telecommunication provider's access to and ongoing use of a public right-of-way or limit the City's authority to ensure and protect the health, safety, and welfare of the public.

Sec. 15-198.   Severability.

            The various parts, sentences, paragraphs, sections, and clauses of this ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section, or clause of this ordinance is adjudged unconstitutional or invalid by a court or administrative agency of competent jurisdiction, the unconstitutionality or invalidity shall not affect the constitutionality or validity of any remaining provisions of this ordinance.

Sec. 15-199.   Authorized City Officials.

            The City Manager or his or her designee is hereby designated as the authorized City official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the municipal chapter violations bureau) for violations under this ordinance as provided by the City Code. 

Sec. 15-200.   Municipal Civil Infraction.

            A person who violates any provision of this ordinance or the terms or conditions of a permit is responsible for a municipal civil infraction, and shall be subject to Section 34-6 of the City of Midland Code of Ordinances.  Nothing in this Section shall be construed to limit the remedies available to the City in the event of a violation by a person of this ordinance or a permit. 

Sec. 15-201.   Repealer.

All ordinances and portions of ordinances inconsistent with this ordinance are hereby repealed.

Section 2.        In accord with Section 6.2 of the Charter of the City of Midland, this ordinance is hereby declared to be an emergency ordinance and shall be adopted on this date without a second reading.

Section 3.            This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Municipal Civil Infractions – Emergency Ordinance Amendment

The following emergency ordinance amending Section 34-5 of Chapter 34 – Municipal Civil Infractions was offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1547

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 34-5 OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1.            Section 34-5 of Chapter 34 is hereby amended to read as follows:

Sec. 34-5.   Municipal civil infractions.

A violation of any of the following provisions of the city code shall be a municipal civil infraction:

(1) Chapter 8, Uniform Fire Code.

(2) The city zoning ordinance.

(3) Chapter 29, stormwater Runoff Regulation and Control.

(4) Section 22-2 of Article I of Chapter 22, Sign placement in the city right-of-way areas.

(5) ARTICLE VI OF CHAPTER 15, TELECOMMUNICATIONS.

Section 2.        In accord with Section 6.2 of the Charter of the City of Midland, this ordinance is hereby declared to be an emergency ordinance and shall be adopted on this date without a second reading.

Section 3.            This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Public Act 48 of 2002

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the State of Michigan recently enacted the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Act No. 48 of the Public Acts of 2002 (the “Act”); and

WHEREAS, the Act, among other things, provides for a uniform permit and permit fee for access to and use of the public rights-of-way by telecommunications providers; and

WHEREAS, the Act further provides, among other things, for a distribution of funds from the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority (the “Authority”), established pursuant to Section 3 of the Act, provided the City takes certain action in compliance with the Act; and

WHEREAS, the City has, contemporaneously with this resolution, adopted Article VI of Chapter 15 of the City of Midland Code of Ordinances for the purposes of complying with the requirements of the Act, so as to ensure that the City qualifies for distributions from the Authority under the Act; and

WHEREAS, the City desires to give additional instruction and direction to the City Manager and other City personnel charged with implementing the ordinance; now therefore

RESOLVED, that the City Manager is hereby authorized and directed to identify all telecommunications providers holding permits or authorizations issued by the City; and

RESOLVED FURTHER, that the City Manager is hereby authorized and directed to provide a copy of Article VI of Chapter 15 of the Code of Ordinances to all telecommunications providers identified above, in satisfaction of the requirements of Section 13(4) of the Act; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized and directed to return to telecommunications providers any checks or portion of checks received by the City from such providers for access and usage of the public rights-of-way in the City after November 1, 2002 (other than the $500 application fee allowed under the Act and any fees or funds received from the Authority).  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Preliminary Plat of Countryside Estates

Jon Lynch, Director of Planning and Community Development, presented information on a request for tentative approval of a preliminary plat of Countryside Estates.  Mr. Keith Schroeder, owner of Countryside Estates, indicated that wetlands were on either side of the road.  Ms. Dale Anderson, 3405 Green Road, expressed concern over the wetlands because of significant flooding in the area in 1986.  Donald Gaffke, 3603 Dublin, expressed concern on moving wet land, he believed that building in this area would have a minimal effect on flooding as the bulk of the flooding in 1986 came from the river.  After further discussion, Council requested a third condition be placed on the tentative approval to provide for an access for property on the north of Summergate Lane providing for the continuation of Westview Drive.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Countryside Estates; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, in accord with the provisions of Section 23-80 of the Subdivision Ordinance, variances are requested to permit Summergate Lane to be located within 625’ of Vandemere Drive; now therefore

RESOLVED, that the Midland City Council hereby grants an exception from Section 23-53 of the Subdivision Ordinance, permitting Summergate Lane to be located within 625’ of Vandemere Drive; and

RESOLVED FURTHER, that the City Council hereby gives tentative approval to the Preliminary Plat of Countryside Estates, contingent upon the following conditions:

1.          A storm water retention plan is approved by the City Engineering Department.

2.                    Provisions are made for private maintenance of parks dedicated for private use.

3.                    Provide for an access for property to the north of Summergate Lane via Westview Drive.

(Motion adopted.)

 

Site Plan No. 210 – Liquid Molding Systems

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 210 for Liquid Molding Systems.  Mayor Black, a partner in the law firm of Riecker, VanDam, Barker & Black, P.C., disclosed that his firm represents the seller of this project, but he has not participated in transactions for this client.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 210, the request of Wolgast Corporation for Liquid Molding Systems, 2202 Ridgewood Drive for a 34,899 square foot building on 7.43 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 210 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, the City Council does hereby approve Site Plan No. 210 for Liquid Molding           Systems.  (Motion adopted.)

 

Preliminary Plat of Foster Woods Subdivision – Two Year Time Extension

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has received a request from Doug Richardson of Ledy Survey Group, for a two-year time extension approval for the Preliminary Plat of Foster Woods Subdivision; and

WHEREAS, the current approval expired October 23, 2002; and

WHEREAS, the City Council has reviewed the request for the time extension of the Preliminary Plat of Foster Woods Subdivision; now therefore

RESOLVED, that the City Council does hereby approve the two-year time extension until October 23, 2004, for the Preliminary Plat of Foster Woods Subdivision.  (Motion adopted.)

 

Revised Final Plat of Foster Woods Subdivision No. 2

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, on September 10, 2001, the City Council approved the Final Plat of Foster Woods Subdivision No. 2; and

WHEREAS, due to requirements for access to the storm water detention and wetland conservation area, revisions to the Final Plat are required; and

WHEREAS, a revised Final Plat of Foster Woods Subdivision No. 2 has been submitted for approval; and

WHEREAS, the Final Plat remains in conformance with the approved preliminary plat, and all requirements of Chapter 23 of the Code of Ordinances of the City have been met; now therefore

RESOLVED, that the City Council does hereby approve a revised Final Plat of Foster Woods Subdivision No. 2, and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to enter into a revised Deed of Easement and Agreement with North Central Development for the storm water detention and wetland conservation easement.  (Motion adopted.)

 

Summary of Governmental Immunity Act under 2001 Public Act 222

Noel Bush, Director of Utilities, presented information on Public Act 222 of 2001 amending Michigan’s governmental immunity statute to limit the liability of governmental agencies for sewer backups and establishes a process for affected persons to seek compensation for such events.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, Act No. 222, Public Acts of 2001 became effective January 2, 2002, and amends the Governmental Immunity Act; and

WHEREAS, a governmental agency owning or operating a sewage disposal system must make available public information about the provisions of PA 222's notice requirements to allow a claimant to comply with the requirements; and

WHEREAS, staff recommends adoption of a resolution that immediately, and at least once per successive year, causes "public information" notice of the provisions of 2001 PA 222, including an annual notification; now therefore

RESOLVED, that the City Manager is directed to immediately disseminate public information in accordance with 2001 Public Act 222 and at least once per successive year via one or more of the following:  MGTV Message Board, City's "At Your Service" Newsletter, and Posting at City Hall; and

RESOLVED FURTHER, that the City Attorney is directed to prepare a claims form to be provided in the "public information", as well as to the claimant upon notice of an event, and that the City Clerk is directed to receive and process all claims related to sewage disposal system events.  (Motion adopted.)

 

Sag-Mid Municipal Water Supply Corp 2002 Annual Financial Statements & Report

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation Annual Financial Statements and Auditor’s Report dated June 30, 2002, with comparative figures for June 30, 2001, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Library Board Resignation - Wilkie

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that the resignation of Joann Wilkie as the township representative of the Library Board is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Wilkie for her service on this important Board.  (Motion adopted.)

 

Traffic Control Order D-02-01

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that Traffic Control Order No. D-02-01 filed August 20, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That the traffic signal at the intersection of Jerome Street and Indian Street (M-20 & BR US-10) shall operate in full color mode 24 hours per day, 7 days per week   

is hereby made permanent.  (Motion adopted.)

 

Payment – Contracted Legal Services

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, The Dow Chemical Company has appealed the assessed and taxable value for three individual parcels for the 1999, 2000, 2001 and 2002 tax years with the Michigan Tax Tribunal with case numbers of 270871, 270872 and 270873; and

WHEREAS, two of the cases have settled, specifically case numbers 270871 and 270873, however, the trial in the third case, case number 270872, is currently underway at the Michigan Tax Tribunal; and

WHEREAS, the appraisal firm of Terzo & Bologna, Inc. is both qualified and available to perform the necessary and continued appraisal services on this remaining isolated parcel of property owned by The Dow Chemical Company; and

WHEREAS, on May 20, 2002, Council authorized payments to Terzo & Bologna, Inc. for services in a total amount not to exceed $31,500; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount and therefore approval for the increased amount is required by the City Council pursuant to Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2002-2003 general fund budget for The Dow Chemical Company tax appeal case; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the appraisal firm of Terzo & Bologna, Inc. for their assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $100,000.00.  (Motion adopted.)

 

Purchase – Quad Cab Truck

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, bids for automobiles and light duty vehicles are solicited by the State of Michigan and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a 1/2 ton truck is included in the 2002-03 Equipment Revolving Fund for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Bill Snethkamp Fleet of Lansing, Michigan in the amount of $20,927.28 for the purchase of a 1/2 ton quad cab truck, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion adopted.)

 

St. Charles Softball Field Phase II Project – Change Order No. 3971-6

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, on August 26, 2002, City Council authorized a purchase order to Sugar Construction in the amount of $494,700 for the contract of the Phase II project at the St. Charles Softball Complex; and

WHEREAS, certain unforeseen site conditions have made it necessary to increase the amount by $5,285; and

WHEREAS, Sugar has submitted a change order #3971-6 for this project; now therefore

RESOLVED, that the City Council hereby authorizes change order #3971-6 to Sugar Construction for the Phase II project at the St. Charles Softball Complex; and

RESOLVED FURTHER, that the City Manager is authorized to approve further change orders in the project with a limit of $20,000.  (Motion adopted.)

 

Zoning Petition No. 495

The following resolution was offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 25, 2002, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on November 8, 2002 and to publish said notice on November 9, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 WHERE A OFFICE SERVICE-2 DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

City of Midland, County of Midland, State of Michigan, to wit:  Lots 2, 3, 4, 5 and 6 of Block A, Reinharts Addition, City of Midland accordingly to the recorded plat thereof.

Section 2.  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.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

NEW BUSINESS

City Manager Karl Tomion announced that staff and the Midland Economic Development Council have been working with the Michigan Economic Development Corporation to bring a major industrial prospect, known as Project ORCA, to Midland.  Mr. Tomion requested that Council consider scheduling a special meeting for presentation of the project.  Council tentatively set November 4, 2002, at 7:00 p.m. for the presentation and November 18, 2002, at 7:00 p.m. for the public hearing. 

 

Being no further business the meeting adjourned at 8:52 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk