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

 

MINUTES

Approval of the minutes of the October 10, 2011 regular meeting was offered by Councilman Adams and seconded by Councilman Brown.  (Motion ADOPTED.)

 

KEITH BAKER RECOGNITION

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. 

 

ZONING TEXT AMENDMENT NO. 153

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)

 

CONDITIONAL USE PERMIT NO. 40

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 Planning Commission has submitted its recommendation of denial, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

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) 

 

LARKIN TOWNSHIP - URBAN COOPERATION ACT AGREEMENT (1ST AMENDMENT)

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

FIRE DEPARTMENT FINES, FEES AND PENALTIES

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.

 

UNIFORM FIRE CODE

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: 

  1. The building and any associated fire protection and life safety features shall comply with the requirements of this code.
  2. Fire apparatus access roads and fire lanes shall be designated and posted in compliance with Section 503.
  3. An address shall be posted in compliance with Section 505.
  4. A building and/or tenant floor plan shall be provided to the fire code official in an approved format on request.
  5. A Key Box (Knox Box) shall be installed as required by the fire code official in accordance with Section 506.
  6. Fire department connections shall be equipped with Knox Plugs as required by the fire code official.

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.
INTERNATIONAL FIRE CODE BOARD OF APPEALS

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.)

 

FIRE DEPARTMENT SERVICE FEES

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.) 

 

MUNICIPAL CIVIL INFRACTIONS (FIRE CODE)

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.)

 

SALE OF 712 PRAIRIE CREEK DRIVE

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.)

 

SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 1

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.)

 

SIDEWALK TIME EXTENSION – CITY FOREST ESTATES SUBDIVISION NO. 2

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.)

 

WATER SERVICE AGREEMENT AMENDMENTS

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.

 

FIRST AMENDMENT TO WATER SERVICE AGREEMENT WITH LARKIN TWP

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.)

 

SECOND AMENDMENT TO WATER SERVICE AGREEMENT – WATER DISTRICT NO. 1

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.)

 

MIDNIGHT ON MAIN, NEW YEAR’S EVE CELEBRATION

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 Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

PAYMENT FOR LEGAL SERVICES – MCV TAX APPEAL

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 City Council is required under Section 2-18 of the Code of Ordinances; and

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.)

 

ALUMINUM HANDRAIL REPLACEMENT – WASTEWATER TREATMENT PLANT

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 Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk