October 24, 2011
A regular meeting of the City Council was
held on Monday, October 24, 2011, at 7:00 p.m. in the Council Chambers of City
Hall. Mayor Donker presided. The Pledge of Allegiance to the Flag was
recited in unison.
|
Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
|
Councilmen absent: |
None |
Approval of the minutes of the October 10, 2011
regular meeting was offered by Councilman Adams and seconded by Councilman Brown. (Motion ADOPTED.)
City Manager Jon Lynch presented a
proclamation recognizing Keith Baker for his years of service to the City of
Midland. The following resolution was then
offered by Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that the Mayor is authorized to issue the
attached Proclamation of Recognition recognizing Director of Planning and Community Development Keith Baker
for his outstanding contributions to the City of Midland and the Midland
community, and wishing him and his family much happiness and success in their
future endeavors. (Motion ADOPTED.) Mayor Donker presented Keith Baker with the
proclamation.
Planning and Community Development Director
Keith Baker presented Zoning Text Amendment No. 153 – to amend the City of
Midland Zoning Ordinance to permit chickens with special standards in the
single family residential districts in the City of Midland. A public hearing opened at 7:20 p.m. The petitioner Joseph Fiordaliso, 700 Linwood
Drive, spoke in favor of the request to permit chickens in the city
limits. Also speaking in favor of
permitting chickens within the city limits were: Daniel Segouria, 1428 Bitler Drive; Heather
Ames, 4403 Hancock Drive; Mark Schmanski, Jacob Schmanski, Timothy Schmanski
and Lesley Schmanski all of 602 E. Haley Street. No one spoke in opposition. The public hearing closed at 7:45 p.m. The following ordinance amendment was then
offered by Councilman Brooks and seconded by Councilman Adams:
ORDINANCE NO. ______
AN ORDINANCE TO AMEND
ORDINANCE NO. 1585, 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 ORDINANCE TO FURTHER DEFINE THE
REGULATION OF BUSINESSES AND ORGANIZATIONS NOT IN COMPLIANCE WITH LOCAL, STATE
OR FEDERAL LAW WITHIN THE CITY OF MIDLAND.
The City of Midland Ordains:
Section 1. That
Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is
hereby amended as follows:
Amend Article 2.00
Definitions, Section 2.02 to include the following definitions:
ANIMAL, DOMESTIC: Any animal normally and customarily kept by a domestic household for pleasure and companionship. Examples of domestic animals include domestic breeds of dogs, cats and animals confined to cages throughout their lifetime. Chickens are permitted per ordinance #_______. A domestic animal excludes exotic, farm and service animals as defined by this ordinance.
ANIMAL, FARM: Any
animal customarily found in farming operations such as but not limited to all
breeds of horses, cows, goats, pheasants, chickens (as per City ordinance
#___), geese, sheep, swine (as per City ordinance #1519, Chapter 3) or any other type of poultry or fowl. A farm
animal shall also include all animals classified as livestock by the State of
Michigan. A farm animal shall not
include fish.
CHICKEN: The common domestic fowl (Gallus domesticus) kept for its eggs
or meat.
Amend Article 14.00 Residential Districts, Section 14.02 C. Permitted
Uses with Special Standards, 3. Keeping of Chickens.
Amend Article 9.00 Site Development Standards for
Specific Uses
Section 9.03 Site Development Standards for
Residential uses, B. Keeping of Chickens; to read as follows;
(1) Any
person who keeps chickens in
the City of Midland shall obtain a permit from the City prior to acquiring the animals.
a. Permits
expire and become invalid 5 years after the date of issuance. A person who
wishes to continue keeping chickens
shall have obtained a new permit on or before the expiration date of the
previous permit. Application for a new permit shall be pursuant to the
procedures and requirements that are applicable at the time the person applies
for a new permit.
(2) Notwithstanding
the issuance of a permit by the City, private restrictions on the use of
property shall remain enforceable and take precedence over a permit. Private
restrictions include but are not limited to deed restrictions, condominium
master deed restrictions, neighborhood association by-laws, and covenant deeds.
A permit issued to a person whose property is subject to private restrictions
that prohibit the keeping of chickens
is void. The interpretation and enforcement of the private restriction
is the sole responsibility of the private parties involved.
(3) A person
who keeps or houses chickens
on his or her property shall comply with all of the following requirements:
a. Have been
issued the permit required under subsection (1) of this section.
b. Keep no
more than six (6) chickens.
c. The principal use of the property is
for a single-family residence.
d. No person
shall keep any rooster.
e. No person
shall slaughter any chickens on
the premises.
f. The chickens shall be provided
with a covered enclosure and must be kept in the covered enclosure at all
times.
g. A person
shall not keep chickens
in any location on the property other than in the rear yard. For purposes of
this section, "rear yard" means that portion of a lot enclosed by the
property's rear lot line and the side lot lines to the points where the side
lot lines intersect with an imaginary line established by the rear of the
single-family structure and extending to the side lot lines.
h. No
enclosure shall be located closer than 10 feet to any property line of an
adjacent property.
i. An enclosure shall not be located closer than
40 feet to any residential structure on an adjacent property. For purposes of this section, adjacent
property means all parcels of property that the applicant's property comes into
contact with at 1 or more points, except for parcels that are legally adjacent
to but are in fact separated from the applicant's property by a public or
private street.
j. All enclosures for the keeping of chickens shall be so constructed
(in accordance with the requirements as set forth in Section 3.03 Accessory
Structures) or repaired as to prevent rats, mice, or other rodents from being
harbored underneath, within, or within the walls of the enclosure. Materials
used to construct the enclosed area shall NOT include tarps, plastic,
fabric, rubber, paper, cardboard, or other non-traditional building materials.
k. All feed and other items associated
with the keeping of chickens
that are likely to attract or to become infested with or infected by rats,
mice, or other rodents or insects shall be protected so as to prevent rats,
mice, or other rodents or insects from gaining access to or coming into contact
with them.
l. No sale of, or signage for, fresh eggs or
meat is permitted.
(4) A person
who has been issued a permit shall submit it for examination upon demand by any
Police Officer or Code Enforcement Officer. The city may revoke any permit
granted under this section and/or initiate prosecution for a civil infraction
violation. Each day a violation exists shall constitute a separate offense.
(5) This section shall not regulate the keeping of chickens in those areas
zoned Agricultural (AG) district, where the raising of poultry is a permitted
principal use when conducted in compliance with the Michigan Right to Farm Act
and the Generally Accepted Agricultural and Management Practices.
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.
(Ordinance DENIED. Yeas: None
Nays: Adams, Brooks, Brown,
Donker, Wazbinski)
Planning and Community Development Director
Keith Baker presented information on Conditional Use Permit No. 40 – to approve
a request from Matekel General Contracting for 21st Century Hoyne,
LLC for a 10 unit town house development located at 1100 West Wackerly Street
in an Office Service Zoning District on 1.25 acres. A public hearing opened at 8:05 p.m. Petitioner Greg Matekel of Matekel General
Contracting spoke regarding the project.
Speaking in opposition were Gil and Miriam Harder, Pepperidge Court and
Jim Hubinger, 1103 Pepperidge Court. The
public hearing closed at 8:30 p.m. The
following resolution was then offered by Councilman Adams and seconded by
Councilman Brooks:
WHEREAS, Matekel General Contracting for 21st
Century Hoyne, LLC submitted a request for a conditional land use permit for a
10 unit town house development located at 1100 West Wackerly Street located in
an Office Service zoning district on 1.25 acres; and
WHEREAS, the City Planning Commission has
conducted a public hearing in accord with Section 28.02(A) of the Zoning
Ordinance of the City of Midland on said conditional use; and
WHEREAS, the
RESOLVED, that the City Council finds the
request for the conditional use permit to be in accord with Section 28.03 of
the Zoning Ordinance of the City of Midland and hereby approves Conditional Use
Permit No. 40, in accord with documents provided and submitted at the meeting
of September 26, 2011. (Motion DENIED. Yeas:
Adams, Brooks Nays: Brown, Donker, Wazbinski)
Assistant City Manager Jack Duso presented information on the first amendment to the Urban Cooperation Act Agreement between the City of Midland and the Charter Township of Larkin. A public hearing opened at 9:00 p.m., recognizing no public comments, the hearing closed at 9:00 p.m. The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, the City of Midland desires to amend the Urban Cooperation Act Agreement between the City of Midland and the Charter Township of Larkin dated June 24, 1991 in order to extend the expiration date to December 31 of the year of the twentieth (20th) payment of shared revenue generated from the last remaining parcel annexed to the City within the Midland Urban Growth Area; and
WHEREAS, the Urban Cooperation Act (Public Act 7 of the Public Acts of the State of Michigan of 1967 (Ex Sess)) requires that a public hearing be held prior to approval of an agreement that provides for the sharing of revenue between the parties; and
WHEREAS, in accord with the Urban Cooperation Act the City Council has conducted a public hearing on Monday, October 24, 2011; now therefore
RESOLVED, that the First Amendment to the Urban Cooperation Act Agreement between the City of Midland and the Charter Township of Larkin dated June 24, 1991 is hereby approved and the Mayor and City Clerk are authorized to execute said amendment. (Motion ADOPTED.)
No public comments were made.
Midland Fire Chief Leonardo Garcia introduced City Fire Marshal Chris Coughlin who presented information on ordinances to amend Fire Department Fines, Fees and Penalties. The following three ordinance amendments were then presented for consideration.
The following ordinance amendment was
offered by Councilman Wazbinski and seconded by Councilman Brown:
ORDINANCE NO. 1719
An ordinance to
amend the Code of Ordinances of the City Of Midland, Michigan, by AMENDING
article i and article ii and REPEALING SECTIONS 8-3 AND 8-4 OF ARTICLE I AND
SECTION 8-11 OF ARTICLE II of Chapter 8 thereof.
The City of Midland Ordains:
Section 1. Sections
8-3 and 8-4 of Article I and Section 8-11 of Article II are hereby repealed and
Article I and Article II of Chapter 8 are hereby amended to read as follows:
ARTICLE I
INTERNATIONAL FIRE CODE
Sec. 8-1.
Amendments to the International Fire Code adopted.
The International Fire Code and its future
amendments were adopted on July 23, 2001 through the Michigan Building Code
Section 5-5 of Article II of Chapter 5 of the City of Midland Code of
Ordinances. Article I of this chapter
sets out the International Fire Code local amendments. The numbering of Article I subsections
conforms with the sections of the International Fire Code being amended for
local regulation, compliance and enforcement.
Section 8-2.
Changes in code.
The following sections and subsections of
the International Fire Code are hereby amended or deleted as set forth and
additional sections and subsections are added as indicated in this
section. Subsequent section numbers used
in this section shall refer to the like numbered sections of the International
Fire Code.
Sec. 101.1 Title. Section amended to read as follows:
Sec. 101.1 Title.
These following
regulations shall be known as the International Fire Code local amendments
along with the International Fire Code, hereinafter referred to as “this code”.
Sec. 102.6
Referenced codes and standards.
Section amended to read as follows:
Sec. 102.6
Referenced codes and standards.
The codes and
standards referenced in this code shall be those that are listed in Chapter 45
of the International Fire Code and such codes and standards shall be considered
part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur
between the provisions of this code and the referenced standards, the
provisions which establish the higher standard for the promotion of the safety
and welfare of the public, and the protection of the public, or as otherwise
determined by State of Michigan law, shall apply.
Sec. 103.1
General. Section amended to read
as follows:
Sec. 103.1
General.
The fire
department shall be responsible for fire control and suppression, fire
prevention education, fire safety inspections and fire code enforcement of
buildings and occupancies as related to the risk of fire, explosion or hazards related
to materials storage and handling within the city of Midland. The Fire Prevention Division is established
under the direction of the fire code official and shall be comprised of the
Fire Marshal, its designee and/or others it deems necessary. The function of the division shall be the
implementation, administration and enforcement of the provisions of this
code. The division shall be tasked with
reducing community fire risk through proactive measures, including education,
fire safety inspections, plan review and code enforcement. The division shall operate under the
supervision of the Fire Marshal as directed by the Fire Chief.
Sec.
104.2.1 Inspections. After Section 104.2, add Section 104.2.1 as
follows:
Sec. 104.2.1 Inspections.
The fire
department is authorized to assess fire safety re-inspection fees as
established in chapter 21 of the Code of Ordinances.
Sec.
104.2.2 Services. After Section 104.2.1, add Section 104.2.2 as
follows:
Sec. 104.2.2
Services.
The fire
department is authorized to assess fees for services provided as established in
chapter 21 of the Code of Ordinances. Services include, but are not limited to
emergency responses, standby at downed power lines, standby at events, and
training provided.
Sec.
105.1.2 Types of permits. Section amended to read as follows:
Sec. 105.1.2
Types of permits.
There shall be
three (3) types of permits as follows:
1.
Operational Permit.
An operational permit allows the applicant to conduct an operation or
business for which a permit is required by Section 105.6 for either:
A.
A
prescribed period of time; or
B.
Until renewed or revoked.
2.
Construction
Permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is
required by Section 105.7.
3.
Occupancy Permit. An occupancy permit allows the
applicant to occupy existing premises for the purpose of conducting or
operating a business for which a permit is required by Section 105.8 or for any
residential use or purpose.
Sec.
105.6 Required operational
permits. Section amended to read as
follows:
Sec. 105.6
Required operational permits.
The fire code
official is authorized to issue operational permits for operations set forth in
Sections 105.6.1 through 105.6.46.
Sec.
105.6.13 Special events. Section amended to read as follows:
Sec. 105.6.13
Special events.
An operational
permit is required to operate/conduct all special events, as defined in the
Zoning Ordinance, including exhibits, crafts, and trade shows.
Sec.
105.6.13.1 Permit fee. After Section 105.6.13, add Section
105.6.13.1 as follows:
Sec. 105.6.13.1
Permit fee.
Permit fees shall
be established in chapter 21 of the Code of Ordinances.
Sec.
105.6.14.1 Fireworks. After Section 105.6.13.1, add Section
105.6.14.1 as follows:
Sec. 105.6.14.1
Fireworks.
An operational
permit is required for the public display and retail display and sale of
fireworks. Application for permits shall be made in writing at least fifteen
(15) days in advance of the date of the public display, retail display or sale
of fireworks. The sale, possession, and distribution of fireworks for such
display shall be lawful under the terms and conditions approved with the permit
and for only that purpose and must fully comply with local, state and federal
regulations. A permit granted hereunder shall not be transferable nor shall any
such permit be extended beyond the time set forth therein unless approved by
the fire code official.
Sec.
105.6.14.2 Permit fee. After Section 105.6.14.1, add Section
105.6.14.2 as follows:
Sec. 105.6.14.2
Permit fee.
Permit fees shall
be established in chapter 21 of the Code of Ordinances.
Sec.
105.6.20 Hazardous
materials. Section amended to read as
follows:
Sec. 105.6.20
Hazardous materials.
An operational
permit is required to store, transport on site, dispense, use or handle
hazardous materials, as defined by the National Fire Protection Association, in
excess of the most restrictive amounts listed in this code, the EPA’s Emergency
Planning and Community Right To Know regulations, and MIOSHA’s Firefighter
Right To Know regulations.
Sec.
105.6.20.1 Required amounts for
reporting. After Section 105.6.20, add
Section 105.6.20.1 as follows:
Sec. 105.6.20.1
Required amounts for reporting.
Reportable
quantities shall be considered the maximum amount of hazardous material on site
at any given time. This amount shall be
reported to the fire department in accordance with SARA Title III requirements.
Sec.
105.6.20.2 Permit fees. After Section 105.6.20.1, add Section
105.6.20.2 as follows:
Sec. 105.6.20.2
Permit fees.
Permit fees shall
be established in chapter 21 of the Code of Ordinances.
Sec.
105.7.1.1 Installations. After Section 105.7.1, add Section 105.7.1.1
as follows:
Sec. 105.7.1.1
Installations.
Before any fire
alarm, detection, control or suppression system is installed, expanded or
modified in any way, a permit shall be obtained from the fire code
official. This shall include any
components connected to or controlled by the aforementioned systems. All work shall be performed by a qualified,
properly licensed and/or certified installer, whose credentials shall be made
available for examination by the fire code official on demand. Construction documents shall be reviewed and
approved by the fire code official prior to issuance of the permit. Upon issuance, the permit shall be posted at
the job site, both residential and commercial, in plain view. The fire code official is authorized to
require construction documents in hard copy, a suitable electronic format, or
both.
Sec. 105.7.1.2 Permit fees.
After Section 105.7.1.1, add Section 105.7.1.2 as follows:
Sec. 105.7.1.2
Permit fees.
Permit fees shall
be established in chapter 21 of the Code of Ordinances.
Sec.
105.7.3.1 Installations. After Section 105.7.3, add Section 105.7.3.1
as follows:
Sec. 105.7.3.1
Installations.
Before any fire
alarm or detection system is installed, expanded or modified in any way, a
permit shall be obtained from the fire code official. This shall include any components connected
to or controlled by the aforementioned systems.
All work shall be performed by a qualified, properly licensed and/or
certified installer, whose credentials shall be made available for examination
by the fire code official on demand.
Construction documents shall be reviewed and approved by the fire code
official prior to issuance of the permit.
Upon issuance, the permit shall be posted at the job site, both
residential and commercial, in plain view. The fire code official is authorized to
require construction documents in hard copy, a suitable electronic format, or
both.
Sec.
105.7.14 Permit issuance. After Section 105.7.13, add Section 105.7.14
as follows:
Sec. 105.7.14
Permit issuance.
A permit granted
hereunder shall not be transferable nor shall any permit be extended beyond the
time set forth therein unless approved, in writing, by the fire code
official. When work is started without a
permit, the permit fee shall be doubled.
Sec. 105.8 Required occupancy permit. After Section 105.7.14, add Section 105.8 as
follows:
Sec. 105.8
Required occupancy permit.
The fire code
official is authorized to issue or approve an occupancy permit for a business
or residential use or purpose as set forth in Section 105.8.1 through 105.8.5.
Sec.
105.8.1 Use group. After Section 105.8, add Section 105.8.1 as
follows:
Sec. 105.8.1
Use group.
An occupancy
permit is required for Use Groups A, B, F, H, I, M, R1, R2, R4, S and U.
Sec.
105.8.2 Inventory statement. After Section 105.8.1, add Section 105.8.2
as follows:
Sec. 105.8.2
Inventory statement.
An inventory
statement for the intended business shall be provided to the fire code official
on request, prior to issuance of the occupancy permit. Inventory statements shall list products or
commodities to be used, stored or produced on the premises, along with
associated documentation as required by the fire code official.
Sec.
105.8.2.1 Hazardous materials
inventory statement. After Section
105.8.2, add Section 105.8.2.1 as follows:
Sec. 105.8.2.1
Hazardous materials inventory statement.
Where required by
the fire code official, each application for a permit shall include a Hazardous
Materials Inventory Statement (HMIS) in accordance with Section 2701.5.2.
Sec.
105.8.3 Permit application. After Section 105.8.2.1, add Section 105.8.3
as follows:
Sec. 105.8.3
Permit application.
An occupancy
permit application shall be filed with the fire code official prior to
occupancy. The fire code official shall
review the application, inventory statement (where required), and any
associated documentation, and conduct any necessary inspections and meetings
before an occupancy permit is issued in conjunction with the building
department.
Sec.
105.8.4 Site and building
preparation. After Section 105.8.3, add
Section 105.8.4 as follows:
Sec. 105.8.4.
Site and building preparation.
As part of the
occupancy permit, the intended occupancy shall meet the following
requirements:
Sec.
105.8.5 Notification of
changes. After Section 105.8.4, add
Section 105.8.5 as follows:
Sec. 105.8.5
Notification of changes.
Changes in
occupancy or use shall be made to, and approved by the fire code official
before such changes occur.
ARTICLE II.
Sec.
8-10. International Fire Code Board of
Appeals.
Sec. 108.1 Board
of Appeals. Section amended to read as
follows:
Sec.
108.1 Board of Appeals.
In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the
application and interpretation of this code, there shall be and is hereby
created a board of appeals.
Sec. 108.1.1 Creation of; appointment. After Section 108.1, add Section 108.1.1 as
follows:
Sec. 108.1.1 Creation of; appointment.
There is hereby established a fire board of
appeals, hereinafter referred to as the board, which shall consist of four (4)
members appointed by the city council.
The fire code official shall serve as an ex-officio member of said board
and shall have no vote on any matter before the board. The remaining three (3) members of the board
shall consist of members who are qualified by experience and training to pass
on matters pertaining to hazards of fire, explosions, hazardous conditions or
fire protection systems and are not employees of the city.
Sec. 108.1.2
Term of office. After Section
108.1.1, add Section 108.1.2 as follows:
Sec. 108.1.2
Term of office.
The term of office for members of the board shall
be for three (3) years from March 1, 2012, or until the successor to any
members shall take office, except that for the initial term the terms of the
members shall be adjusted so that the term of one (1) member shall expire on
June 30, 2012, the term of one (1) member shall expire on June 30, 2013, and
the term of one (1) member shall expire on June 30, 2015. The term of the fire code official shall be
for the tenure in office.
Sec. 108.1.3
Internal management. After
Section 108.1.2, add Section 108.1.3 as follows:
Sec. 108.1.3
Internal management.
The board shall elect its own chairman and adopt
its own rules of procedures for conducting its business. The fire code official shall serve as
permanent secretary for the board. All
meetings shall be open to the public and operate under the Open Meetings Act
(Act 267 of 1976) and shall follow Roberts Rules of Order as a
guideline. The board shall keep a record
of its proceedings, showing the action of the board and the vote of each member
upon each appeal considered. The board
shall render all decisions and findings in writing to the appellant with a
duplicate copy to the fire code official.
Three (3) voting members of the board shall constitute a quorum.
Sec. 108.1.4 Removing from office; filling vacancies. After Section 108.1.3, add Section 108.1.4 as
follows:
Sec. 108.1.4
Removing from office; filling vacancies.
Members of the board may be removed by the city
council for inefficiency, neglect of duty, or malfeasance in office. Vacancies occurring otherwise than through
the expiration of a term in office shall be filled for the unexpired term by
the city council.
Sec. 108.1.5 Members to serve without compensation. After
Section 108.1.4, add Section 108.1.5 as follows:
Sec. 108.1.5
Members to serve without compensation.
All members of the board shall serve without
compensation.
Sec. 108.1.6
Liability of board and individual members. After Section 108.1.5, add Section 108.1.6 as
follows:
Sec.
108.1.6 Liability of board and
individual members.
In no case shall the board or any members thereof
be liable for costs in any action or proceeding that may be commenced in
pursuance of the provisions of this code.
Sec. 108.1.7 Limitations on authority. After Section 108.1.6, add Section 108.1.7 as
follows:
Sec.
108.1.7 Limitations on authority.
An application for appeal shall be based on a claim
that the intent of this code has been incorrectly interpreted, the provisions
of this code do not fully apply, or an equivalent method of protection or
safety is proposed. The board shall have
no authority to waive requirements of this code.
Sec. 108.1.8
Submitting an appeal. After
Section 108.1.7, add Section 108.1.8 as follows:
Sec. 108.1.8
Submitting an appeal.
An application for appeal must be submitted, in
writing, within ten (10) business days of the date of issuance of the fire code
official’s issuance of order, infraction or other notice. Said appeal must include the name and all
contact information; copy of the order, infraction or other notice; grounds for
appeal; and, remedies sought.
Sec. 109.3
Violation penalties. Section
amended to read as follows:
Sec.
109.3 Violation penalties.
Persons who shall violate any provision of this
code or shall fail to comply with any requirements thereof or who shall erect,
install, alter, repair, service, test or do work in violation of the approved
construction documents or directive of the fire code official, or of a permit
or certificate used under provisions of this code, shall be responsible for a
municipal civil infraction. Upon
conviction of such infraction, such person shall be punished as provided in
chapter 34 and fined according to chapter 21 of the Code of Ordinances. The imposition of one (1) municipal civil
infraction fine for any violation shall not excuse the violation or permit to
continue and all such persons shall be required to correct or remedy such
violation or defects. Every day of
noncompliance shall be deemed a separate violation.
Section 2.
This Ordinance shall take effect March 1, 2012. (Ordinance ADOPTED.)
The following ordinance amendment was
offered by Councilman Adams and seconded by Councilman Brown:
ORDINANCE
NO. 1720
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, By adding a new article, which new
article shall be designated as article xiii of Chapter 21 THEREOF.
The City of Midland Ordains:
Section 1. Article XIII
of Chapter 21 is hereby created to read as follows:
ARTICLE
XIII.
FIRE DEPARTMENT SERVICE FEES
Sec.
21-165. Fire department service fees.
Fees for services provided by
the City of Midland Fire Department in accordance with Chapter 8 of the Code
Ordinances shall be as outlined in Article XIII. For purposes of this section, “after hours”
shall be defined as hours outside of normal Fire Prevention Division hours of
operation.
1. Annual and semi-annual fire safety inspections
will be performed at no charge.
2.
1st re-inspection $50.00
3.
2nd and
all subsequent re-inspections $100.00 each
Sec. 21-166.
Third party inspections.
Third party inspections by
NFPA or State of Michigan certified inspectors may be accepted at the
discretion of the Midland Fire Department.
SEC. 21-167.
Occupancy inspections.
Certificate of Occupancy and Change of
Occupancy inspections which include temporary certificates of occupancy as well
as one (1) re-inspection.
1.
Ultra low hazard ............ $100.00
2.
Low hazard ................... $150.00
3.
Moderate hazard ........... $575.00
4.
High hazard ................... $975.00
5. Hotels/motels and nursing homes/assisted
living facilities . . . . . $95.00 per building, plus $5.75 per room
SEC. 21-168.
Acceptance testing & temporary use permits.
1. An additional flat fee of $50.00 will be
charged for all requested after hour.
2. Acceptance testing/inspections.
A.
Complaints ...................... $50.00
B.
life safety complaints
.... $150.00
C.
Hot work operations ........ $50.00
D.
Fireworks displays .......... $95.00
E.
Blasting ........................... $95.00
F.
Sprinkler system
testing $150.00
G.
Fire pump testing .......... $150.00
H.
Fire alarm testing .......... $150.00
I. Commercial range hood suppression systems
(acceptance testing) . . . . . $100.00
J. Clean agent system (acceptance testing) . . .
. . $100.00 per unit and per test
K. Smoke control systems (acceptance testing) . .
. . . $100.00 per system and per test
L. Kiosk displays/booths/concession stands . . .
. . $50.00
M.
Mall displays ................... $65.00
N. Tents and other temporary membrane structures
over 200 square feet . . . . . $125.00 (includes permit)
O.
Places of assembly
(event) ..... $50.00
P.
Exhibits and trade
shows ......... $50.00
Q.
Open flame .............................. $50.00
Sec. 21-169.
Plan review fees.
A.
Sprinkler systems
(including foam systems) . . . . . $0.08 per square foot of building area with
$250.00 minimum
B.
Fire pumps . . . . .
$200 (not included in sprinkler plan review fee)
C.
Stand pipe . . . . .
$200.00 (combination stand pipe and riser plans shall be reviewed under the
sprinkler system schedule)
D.
Commercial range hood
systems . . . . . $150.00; additional systems reviewed at the same time and for
the same building . . . . . $100.00
E.
Clean agent, carbon
dioxide or other similar systems . . . . . $150.00
F.
Fire alarm/detection
systems . . . . . $90.00 per hour, one (1) hour minimum
G.
Building life safety .
. . . . $90.00 per hour, one (1) hour minimum
H.
Flammable, combustible
liquids and compressed gas storage . . . . . $90.00 per hour, one (1) hour
minimum
I. Spectator seating review . . . . . . 1 to
1,000 seats $200.00; over 1,000 seats shall be $200.00 plus $20.00 for each
additional 20 seats
Sec.
21-170. Cost recovery operating costs.
Hourly
unit operating rate of equipment, materials and personnel as established by the
Fire Chief, including but not limited to:
(1) Special events.
(2) Specialized professional services for emergency
response needs as deemed required by the
Fire Chief or its designee.
(3) Training provided.
Section
2. This Ordinance shall take effect
March 1, 2012. (Ordinance ADOPTED.)
The following ordinance amendment was
offered by Councilman Brooks and seconded by Councilman Wazbinski:
ORDINANCE NO. 1721
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE
CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.
The
City of Midland Ordains:
Section
1. Sec. 34-5 is hereby amended as
follows:
Sec.
34-5. Municipal Civil Infractions.
A violation of any
of the following provisions of the City of Midland Code of Ordinances shall be
a municipal civil infraction:
(1) Chapter 8, International 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.
(6) Article IV, Chapter 22, Addresses.
(7) Article V, Chapter 5, Soil Erosion and
Sedimentation Control.
(8) Rules and Regulations of the Jack
Barstow Municipal Airport.
(9) Cemetery
Rules.
(10) Article
I of Chapter 26, Weeds.
(11) Article
III of Chapter 3.
Section 2. This Ordinance shall take effect March 1,
2012. (Ordinance ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brown:
WHEREAS, the City of Midland desires to enter into a contract for the sale of a lot at 712 Prairie Creek Drive in the City of Midland; and
WHEREAS, an agreement to purchase said property, dated October 13, 2011, was submitted by Midland County Habitat for Humanity in the amount of $14,000.00; and
WHEREAS, the purchaser will be using the property to construct a single-family residential home; now therefore
RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and
RESOLVED FURTHER, that the requirement of sealed proposals for sale of said property is hereby waived as being impractical and unwarranted; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion ADOPTED.)
Planning and Community Development Director Keith Baker presented information on a request for a two-year extension of time for the completion of sidewalk in City Forest Estates Subdivision No. 1. The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
a written request has been received from Roy Wise of Wiskin Developments, Inc.,
proprietor of City Forest Estates Subdivision No. 1, to extend the period of
time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in
accord with the Code of Ordinances of the City of Midland, the City Council
hereby extends the period of time to complete the sidewalk within City Forest
Estates Subdivision No. 1 until January 10, 2014 conditioned upon receipt of a
financial guarantee in an amount determined by the City Engineer, valid for a
period of one year beyond the date of the required completion of the sidewalk;
and
RESOLVED FURTHER, that if a new financial
guarantee is not provided by January 15, 2012, Council authorizes staff to use
the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
Planning and Community Development Director
Keith Baker presented information on a request for a two-year extension of time
for completion of sidewalk in the City Forest Estates Subdivision No. 2. The following resolution was then offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS,
a written request has been received from Roy Wise of Wiskin Developments, Inc.,
proprietor of City Forest Estates Subdivision No. 2, to extend the period of
time to complete the sidewalk within said subdivision; now therefore
RESOLVED, that in accord with the Code of
Ordinances of the City of Midland, the City Council hereby extends the period
of time to complete the sidewalk within City Forest Estates Subdivision No. 2
until April 14, 2014 conditioned upon receipt of a financial guarantee in an
amount determined by the City Engineer, valid for a period of one year beyond
the date of the required completion of the sidewalk; and
RESOLVED FURTHER, that if a new financial
guarantee is not provided by January 15, 2012, Council authorizes staff to use
the existing financial guarantee on file to install all remaining sidewalk. (Motion ADOPTED.)
Assistant City Manager Jack Duso presented
information on amendments to the water service agreements between the City of
Midland and the Charter Township of Larkin and between the City of Midland and
Water District No. 1 of Midland County.
The following two resolutions were then presented for consideration.
The following resolution was offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, the City and Larkin Township are parties to a Water Service Agreement, which agreement sets forth a term of forty-eight (48) years commencing from June 10, 1997, which may be renewed in accordance with the provisions set forth therein; and
WHEREAS, the Larkin Township Water Service Agreement provides that the City shall be the exclusive provider of Public Water Service within the Township and, further, that prior to the Township expanding the Water Service Area served by that agreement to any other municipality, an amendment thereto must be mutually agreed upon by the parties and become an amendment to the Water Service Area set forth upon Exhibit A to that Agreement; and
WHEREAS, the City desires to grant a request for specified properties located in Lincoln Township to be connected to the Larkin Township Water System; and
WHEREAS, the City desires to grant a request for specified properties located in Larkin Township to be provided water from Lincoln Township and Water District No. 1 of Midland County; now therefore
RESOLVED, that the First Amendment to the Water Service Agreement between the City of Midland and the Charter Township of Larkin is hereby approved and the Mayor and City Clerk are hereby authorized to execute the amendment. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, on October 1, 2007, the City of Midland and Water District No.
1 of Midland County (Authority) entered into a Water Service Agreement; and
WHEREAS, the parties’ Water Service Agreement provides that the City
shall be the exclusive provider of Public Water Service within the boundaries
set forth upon its Exhibit A, which is, essentially the entirety of the
jurisdictional territory of the Authority Constituent Members, except that
portion of Lincoln Township to the South and East of the Midland Urban Growth
Area line and further that the Authority’s distribution of City water shall be
limited to that same area; and
WHEREAS, the City desires to grant a request for specified properties
located in Larkin Township, outside of the Authority’s Water Service Area, to
be connected to the Authority’s Water System; and
WHEREAS, the City desires to grant a request for specified properties
located in Lincoln Township to be provided water from Larkin Township and the
City of Midland; now therefore
RESOLVED, that the Second Amendment to the Water Service Agreement
between the City of Midland and Water District No. 1 of Midland County is
hereby approved and the Mayor and City Clerk are authorized to execute the
amendment. (Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brown:
RESOLVED, that the request from the Downtown
Development Authority to conduct an event called Midnight on Main, New Year’s
Eve Celebration and 5k Resolution Run/Walk, December 31, 2011, from 2:00 p.m. –
12:30 a.m., in downtown Midland, utilizing amplified sound and the public
right-of-way including street closures from 6 a.m. Saturday to noon on Sunday,
is hereby approved subject to the following conditions:
·
Provide
special event liability insurance in the amount of $1,000,000 per occurrence,
$2,000,000 aggregate, with the City of Midland named as an Additional
Insured. The certificate must be
submitted to the City Manager’s Office no less than five days prior to the
event.
·
The
organizer shall maintain a minimum 20-foot wide fire lane on all streets
involved in the event.
·
The
area adjacent to any door used for egress from a building shall be kept clear
of obstructions.
·
The
immediate areas adjacent (3 ft. radius) to fire hydrants and building
sprinkler/standpipe fire department connections shall be kept clear.
·
Contact
Fire Marshal Chris Coughlin at 837-3413 for tent use permit: placement,
occupancy limits, heating devices, cooking appliances.
·
Contact
Fire Marshal Chris Coughlin for bonfire permits.
·
Use
of the Rail Trail is non-exclusive.
·
The
organizer must have someone in charge of moving the barricades for emergency
access.
·
Community
Special Event sign procedures must be followed.
Contact Brian McManus, City Engineer, at 837-3353, with any questions
regarding placement of the signs.
·
The
signs shall be placed outside of required clear vision corners and should not
obstruct the vision of motorists.
; and
RESOLVED FURTHER, that the
The following resolution was offered by
Councilman Adams and seconded by Councilman Brown:
WHEREAS,
the Midland Cogeneration Venture has appealed the assessment of both real and
personal property for the 2010 and 2011 tax years with the Michigan Tax
Tribunal; and
WHEREAS, the law firm of Braun, Kendrick,
Finkbeiner, P.L.C. has been retained in assisting the City of Midland in its legal
defense of this matter; and
WHEREAS, on June 13, 2011 City Council
authorized payments to Braun, Kendrick, Finkbeiner, P.L.C. for the
aforementioned services in a total amount not to exceed $300,000; and
WHEREAS, the cost of said services is
expected to exceed $20,000 and, therefore, approval by the
WHEREAS, sufficient budgetary funding exists
within the 2011-2012 Legal Fees budgets for general tax appeal cases; 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 legal firm of Braun, Kendrick, Finkbeiner, P.L.C. for their
assistance in connection with the aforementioned appeal is hereby authorized in
an amount not to exceed $550,000.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the
City of Midland Wastewater Treatment Plant (WWTP) began operations in 1962, and
steel protective handrails were installed around tanks, requiring on-going maintenace
to prevent or minimize the effects of corrosion; and
WHEREAS, during
a major plant upgrade in 1989, aluminum handrails were installed around all new
structures, and have since been maintenance free; and
WHEREAS, as
part of the Wastewater Fund’s on-going replacement plan, all steel handrails
will eventually be replaced with surface-mounted aluminum handrails; and
WHEREAS, this
year, the handrails around the WWTP’s east and west floc tanks (600 lineal
feet) and steps will be replaced; and
WHEREAS, on October
4, 2011 bids were opened for Aluminum
Handrails, Bid No. 3377, in accord with Sec. 2-18 of the Code of
Ordinances for the City of Midland; and
WHEREAS, funding for this work is budgeted in
the 2011/12 Wastewater Fund account #590.9120.97.025 - Capital Equipment; now
therefore
RESOLVED, that the low bid received from Gerace Construction of Midland
in the total amount of $47,800.00 for the supply and installation of aluminum
handrails around the Wastewater Treatment Plant’s east and west floc tanks, and
the replacement of concrete steps approaching the floc tanks is hereby accepted
and a purchase order in that amount is authorized; and
RESOLVED FURTHER, that the City
Being no further business the meeting
adjourned at 9:30 p.m.
______________________________________
Selina
Tisdale, City