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.
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Council members present: |
Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
None |
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.)
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
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.)
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:
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
(11) Restricted
Play: With West Course weekend differential
Single
season pass $ 540.00 per
pass
Double season pass $ 865.00 per pass
(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:
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.)
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.)
No comments were made.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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