city of milan agenda 7 13 20.pdf · 2020. 7. 13. · mann, police chief tillery, lt. nieman, mis/c...

CITY OF MILAN CITY COUNCIL AGENDA

JULY 13, 2020 REGULAR MEETING 7:30 P.M. WILSON PARK (large pavilion) 89 Wabash St.

Milan, MI 48160 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL OF COUNCIL MEMBERS: Mayor Dominic Hamden ___, Councilpersons Dave Baldwin___, Ann Gee ___, Douglas Gilson___, Mary Kerkes___, Edward Kolar___, Jesse Nie___. OTHER OFFICERS PRESENT: City Administrator Karen Samborski_ _, City Clerk Lavonna Wenzel _ _, City Attorney Steven Mann ___, Police Chief Donald Tillery ___, City Treasurer Sarah Finch_____, Building/Zoning Craig Strong/Steve Bredernitz___, MIS & Communications Director John Koehler ___, Parks & Recreation Director Ellen Bell_ ___, Main Street Director Jill Tewsley__, DPW Director Stan Kirton_____, Fire Chief Robert Stevens___. APPROVAL OF AGENDA: July 13, 2020 Motion by Councilperson_________________, seconded by Councilperson _____ APPROVAL OF MINUTES: June 22, 2020 - Work Session

June 22, 2020 - Regular Meeting Motion by Councilperson______, seconded by Councilperson_____. CITIZENS MATTERS FROM THE FLOOR: (5-minute time limit per person)

A. Residents: B. Non-Residents:

SPECIAL PRESENTATION: Presentation and Introduction of Social Districts CONSENT AGENDA: A. Approval of Statement of Willingness between FCI and the City of Milan for Continuation of Sewer

and Water Services for a Period of 1 Year. Motion by Councilperson ________seconded by Councilperson to approve Consent Agenda item A. MATTERS FOR ACTION 1. Resolution 2020-04 – A RESOLUTION TO SET THE SHOW CAUSE HEARING FOR THE

PROPERTY AT 733 JEFFERSON LANE TO WEDNESDAY, JULY 29, 2020 VIA ELECTRONIC REMOTE ACCESS.

Motion by Councilperson _____________ seconded by Councilperson ________________ to approve.

CITY COUNCIL AGENDA JULY 13, 2020 PAGE TWO 2. Resolution 2020-05 – A RESOLUTION TO SET THE SHOW CAUSE HEARING FOR THE

PROPERTY AT 716 JACKSON LANE TO WEDNESDAY, JULY 29, 2020 VIA ELECTRONIC REMOTE ACCESS.


3. Resolution 2020-09 – LOCAL GOVERNMENT APPROVAL OF AN ON-PREMISE LIQUOR

LICENSE FOR PEPPERS MEXICAN GRILL LOCATED AT 39 & 45 E. MAIN STREET.

Motion by Councilperson _____________ seconded by Councilperson ________________ to approve. 4. Approve First Reading of Ordinance 2020-01 - AN ORDINANCE TO AMEND THE MILAN CITY

CODE BY AMENDING CHAPTER 13 “MISCELLANEOUS PROVISIONS AND OFFENSES”, ARTICLE II “LITTER”, SECTION 13-61 “’RESPONSIBLE PERSON’ TO MAINTAIN PREMISES FREE OF LITTER” TO RE-TITLE THE SECTION AND ADD PROVISIONS FOR THE CLEARING OF LITTER FROM THE PREMISES BY THE CITY AND MAKING THE PENALTY A MUNICIPAL CIVIL INFRACTION. Motion by Councilperson _____________ seconded by Councilperson ________________ to approve. ROLL CALL VOTE:

5. Approve Request from Milan Flyers for a Maintenance Equipment Storage.


BILLS PAYABLE AND PAYROLL: $532,217.76 Motion by Councilperson , seconded by Councilperson CITIZENS MATTERS FROM THE FLOOR: (3-minute time limit per person)

A. Residents: B. Non-Residents:

MAYOR, COUNCIL & STAFF REPORTS AND/OR COMMENTS: NEXT REGULAR MEETING: Monday, July 27, 2020 (Agenda Item Submission Deadline, July 22, 2020) ADJOURNMENT: Motion to adjourn meeting at _____P.M. by Councilperson____ seconded by Councilperson________. All matters to be presented to Milan City Council for their review, consideration and/or action, must be submitted in writing no later than 4:00 p.m., the Wednesday preceding the date of the meeting (normally the second and fourth Mondays of each month).

Special Notes: The City of Milan will provide reasonable auxiliary aids and services, such as signers for the hearing impaired, and audiotapes of printed materials being considered at the meeting to individuals with disabilities upon one week’s notice to the City of Milan. Individuals with disabilities requiring auxiliary aids or services should contact the City of Milan by writing or calling the following:

Lavonna Wenzel, City Clerk 147 Wabash, Milan, Michigan 48160

Equal Opportunity Employer

MINUTES OF A WORK SESSION OF THE MILAN CITY COUNCIL

HELD ON JUNE 22, 2020 AT 6:30 P.M. AT WILSON PARK, 89 WABASH STREET, MILAN, MICHIGAN 48160

(in large pavilion)

Mayor Hamden called the work session to order at 6:30 p.m.

COUNCIL MEMBERS PRESENT: Mayor Hamden, Pro-Tem Kolar, Council Members Baldwin, Gee, Gilson, Kerkes, and Nie.

OTHER OFFICERS PRESENT: City Administrator Samborski, City Clerk Wenzel, City Treasurer Finch, City Attorney Mann, Police Chief Tillery, Lt. Nieman, MIS/Communications Director Koehler, DPW Director Kirton, Parks and Recreation Director Bell, and Main Street Director Tewsley.

OTHERS PRESENT: Jennifer Michalak, Trisha Baldwin, Kelsea Kerkes, Jessica Meingasner, Josh Kofflin, Mark Taylor, Lilly Pad, Marie Gress, and Nathan Norman.

AGENDA: 1. Discuss the Process to Complete the MBK Pledge to Address Police Use of Force Policies. (see attached) 2. Discuss Creation of Work Group/Task Force for Diversity and Inclusion. 3. Any Matters that may legally come before Council.

The city council reviewed the “Commit to Action” pledge by Obama and held an in-depth discussed of the current times and the pros and cons of starting a Task Force Committee. Mayor Hamden collected input from all in attendance to make up the body of said committee. The committee would comply with the Open Meetings Act and a standard boards and commissions policy. The Council and the public shared a desire to see the Task Force Committee have the follow mixture of members.

*Two long term - residents of Milan for more than 10 years. *Two short term – residents of Milan for less than 5-7 years. *Milan Sports Couch *Milan People of Color *Milan Students *Milan Youth Council members *Milan Business Owner

City Administrator will set a date for the City Council to sit down and review Police Department Policies particularly (Use of Force policy). A City Council work session will be set to discuss P.D. policy review and hear public comment.

PUBLIC COMMENTS: Jill Tewsley spoke.

ADJOURNMENT: Motion by Councilmember Kolar, seconded by Councilmember Nie to adjourn work session at 7:46 pm.

Dominic Hamden, Mayor Lavonna Wenzel, Clerk

MINUTES OF REGULAR MEETING OF THE MILAN CITY COUNCIL HELD ON

JUNE 22, 2020 IN WILSON PARK MILAN, MICHIGAN 48160

Mayor Hamden called the meeting to order at 7:55 p.m. COUNCIL MEMBERS PRESENT REMOTELY: Mayor Hamden, Pro-Tem Kolar, Council Members Baldwin, Gee, Gilson, Kerkes, and Nie. OTHER REMOTE OFFICERS PRESENT: City Administrator Karen Samborski, City Treasurer Sarah Finch, City Clerk Lavonna Wenzel, City Attorney Steve Mann, Police Chief Donald Tillery, Lt. Nieman, MIS/Communications Director John Koehler, and Parks and Recreation Director Ellen Bell, Mainstreet Director Jill Tewsley. DPW Director Stan Kirton, Fire Chief Stevens and Building/Zoning Steve Bredernitz-Excused. OTHERS PRESENT: Jennifer Michalak, Trish Baldwin, Kelsea Kerkes, Jessica Meingasner, Josh Kofflin, Mark Taylor, Lilly Pad, Marie Gress, and Nathan Norman. APPROVAL OF AGENDA: June 22, 2020 Motion to approve the agenda by Councilmember Kerkes, seconded by Councilmember Baldwin.

Motion carried unanimously APPROVAL OF MINUTES: June 8, 2020 - Regular Meeting Minutes Motion to approve the minutes by Councilmember Nie, seconded by Councilmember Kolar.

Motion carried unanimously CITIZENS MATTERS FROM THE FLOOR: (5-minute time limit per person)

A. Residents: None B. Non-Residents: None

SPECIAL ITEM: Proclamation Honoring Veterinarian Dr. Mike Sweet by Mayor Hamden and City Council. (was moved to next City Council meeting June 22, 2020)

CONSENT AGENDA:

A. Building Department Monthly Report for May 2020. Motion by Councilmember Gilson, seconded by Councilmember Kerkes to approve Consent Agenda item A.

MATTERS FOR ACTION: 1. Approve Contract with Gabridge & Co. for Audit Services for Fiscal Years Ending June 30, 2020-

2022.

Motion by Councilmember Baldwin, seconded by Councilmember Kerkes to approve the Contract as presented. Motion carried unanimously

2. Approve Proposed Year End Budget Amendments for Fiscal Year Ending June 30, 2020.

Motion by Councilperson Gee, seconded by Councilperson Kolar to approve Year End Budget Amendments.

Motion carried unanimously

CITY COUNCIL MINUTES

JUNE 22, 2020 PAGE TWO

3. Approve Amendment to Contract with Operations Services, Inc. for Operations and Maintenance of the Water and Wastewater Treatment Plants.

Motion by Councilperson Gilson, seconded by Councilperson Gee to approve Amendment to Contract.

Motion carried unanimously 4. Approved the Purchase of Police Department In-Car Camera and Body Camera System from Axon

Enterprise Inc. Motion by Councilperson Gilson, seconded by Councilperson Gee to approve Amendment to Contract.

Motion carried unanimously 5. Approve the Letter of Understanding for a Hazardous Duty Recognition Stipend in the amount of

$15,000 for the Milan Police Department Officers During COVID-19. Motion by Councilperson Kerkes, seconded by Councilperson Gilson to approve subject to approval of the Language by City Attorney. Motion carried unanimously BILLS PAYABLE AND PAYROLL: $180,867.40 Motion by Councilmember Gilson, seconded by Councilmember Nie to pay the bills. Motion carried unanimously CITIZENS MATTERS FROM THE FLOOR: (3-minute time limit per person)

1. Residents: None 2. Non-Residents: None

MAYOR, COUNCIL & STAFF REPORTS AND/OR COMMENTS: Administrator Samborski thanked everyone for being flexible on the meeting location as we comply with the Governors executive order. She announced Splash Pad updates will be coming soon. Chief Tillery thanked City Council for their support. He reported on statistics of citations written in the City of Milan. Chief Tillery shared his appreciation for his department. DPW Director Kirton thanked the Police Department on a water break assist. Councilmember Gilson commended Chief Tillery and the Milan City Police Department on a job well done. Councilmember Kolar is pleased with the downtown parklets and the positive feedback he has received on them. Councilmember Nie is grateful for the Police departments openness to the new city “Task Force Commission”. Councilmember Baldwin provided successes on the downtown parklets. Mayor Hamden reflected that many are dealing with personal issues during these times, he shared his appreciation of everyone’s diligence in keeping Milan moving forward. There was a brief discussion on the recording of all city council meetings. Mayor Hamden provided the option that each Councilmember is welcome to record the meetings on their own accord. He reminded them that it is standard for the regular meetings of the City Council be recorded. NEXT REGULAR MEETING: Monday, July 13, 2020 (Submission Deadline, July 8, 2020) ADJOURNMENT: Motion by Councilmember Gilson, seconded by Councilmember Kolar to adjourn meeting at 9:20 P.M. Motion carried unanimously _______________________________ ________________________________ Dominic Hamden, Mayor Lavonna Wenzel, Clerk

M - 1

CITY OF MILAN

STAFF REPORT

MEETING DATE: July 13, 2020

TO: City Council

FROM: Karen Samborski, City Administrator

DATE: July 1, 2020

SUBJECT: Approve Resolution 2020-04 – A Resolution to Set the Show Cause Hearing for

the Property at 733 Jefferson Lane to Wednesday, July 29, 2020 via Electronic

Remote Access.

REASONS FOR COUNCIL CONSIDERATION:

Regarding the property located at: 733 Jefferson Lane

Tax ID# 19-19-26-405-030

Case # DB 2019-004

Resolution 2020-01 was approved on February 24th which accepted the Dangerous Building

Hearing Officer's Findings and Order dated January 6, 2020 and Order of Noncompliance dated

February 14, 2020 and set a show cause hearing date for the Property at 733 Jefferson Lane for

March 23, 2020. At the recommendation of Governor Whitmer and due to the concern for public

health and welfare during the COVID-19 pandemic, the meeting was canceled; thus, the hearings

on March 23th were canceled as well.

The attached resolution, Resolution 2020-04, will set the show cause hearing to Wednesday, July

29, 2020 via electronic remote access in accordance with Michigan Governor’s Executive Order

2020-129.

RECOMMENDED ACTION:

Approve Resolution 2020-04 – A Resolution to Set the Show Cause Hearing for the Property at

733 Jefferson Lane to Wednesday, July 29, 2020 via Electronic Remote Access.

RESOLUTION NO. 2020-04

A RESOLUTION TO SET THE SHOW CAUSE HEARING FOR THE PROPERTY AT 733

JEFFERSON LANE TO WEDNESDAY, JULY 29, 2020

VIA ELECTRONIC REMOTE ACCESS.

Regarding the property located at: 733 Jefferson Lane

Tax ID# 19-19-26-405-030

Case # DB 2019-004

WHEREAS THE COUNCIL OF THE CITY OF MILAN had previously accepted the Dangerous

Building Hearing Officer's Findings and Order dated January 6, 2020 and Order of Noncompliance

dated February 14, 2020; and

WHEREAS THE COUNCIL OF THE CITY MILAN had previously set a City Council Show

Cause Hearing for Monday, March 23, 2020, at 7:30 p.m., at City Hall, 147 Wabash Street, Milan,

MI 48160; and

WHERAS THE COUNCIL OF THE CITY MILAN was unable to conduct the Show Cause

Hearing that was originally scheduled for March 23rd due to Covid-19;

WHERAS THE COUNCIL OF THE CITY MILAN must set a new date to conduct the Show

Cause Hearing;

IT IS RESOLVED BY THE COUNCIL OF THE CITY OF MILAN that the City Council Show

Cause Hearing be set for Wednesday, July 29, 2020, at 7:00 p.m., by electronic remote access in

accordance with the Michigan Governor’s Executive Order 2020-129, and the City shall comply with

all public notice requirements.

Motion by Councilperson _____________, supported by Councilperson _________to adopt

Resolution No. 2020-04.

ROLL CALL VOTE: AYES: NAYS: ABSENT: ABSTAIN:

______________________________

Dominic Hamden, Mayor

I, Lavonna Wenzel, Clerk of the City of Milan, a Michigan Municipal Corporation, do hereby certify

that the above-captioned Resolution No. 2020-04 as adopted by the City Council of the City of Milan

at a regular meeting thereof on the 13th day of July 2020. I further certify that Dominic Hamden is

the duly elected Mayor and Lavonna Wenzel is the duly appointed Clerk of the City of Milan.

______________________________

Lavonna Wenzel, City Clerk

ORDER OF FINDINGS 2011

Original – Dangerous Buildings Bureau Copies to: Respondent, Bldg Dept, City Attorney, City Clerk

STATE OF MICHIGAN CITY OF MILAN

DANGEROUS BUILDINGS BUREAU

Case No.

FINDINGS and ORDER

DB-2019-004

This matter concerns the property located at: 733 Jefferson Lane , Milan, MI Tax ID # 19-19-26-405-030

___ The Dangerous Buildings Hearing Officer finds that the property at the above-described address is not a

dangerous building. _X__ The Dangerous Buildings Hearing Officer finds that the property at the above-described address is a dangerous

building, and orders the following remedy:

X The Building shall be demolished.

� The building shall be demolished or made safe or properly maintained as indicated on the attached checklist The owner, agent, or owner/agent, shall comply with this order by: This order requires a demolition permit be pulled by 01-31-2020 and the building be demolished by 4-15-2020. Respondent shall be present at 02-10-2020 at 1pm for a show cause hearing or the Dangerous Building Hearing Officer will issue a recommendation to City council for demolition of the building at the 03-09-2020 council meeting. If the owner, agent, or owner/agent fails to comply by the above date, the hearing officer shall file a report of the findings and a copy of this order with the City Council not more than 5 days after noncompliance. Dated: 01-06-2020 Dangerous Building Hearing Officer I CONSENT TO THE ABOVE ORDER: Signature of owner or agent

Certificate of Mailing I certify that on this date a copy of this violation and Notice of Hearing were served upon the above named Respondent at the address shown by: � Personal Service or � Certified mail, Return Receipt Requested; on on BY: BY: name Name AND by posting to the property on

BY:

PETITIONER Respondent name, address, telephone no:

CITY OF MILAN 147 Wabash Milan, MI 48160 734 439-1501

J & V Holdings

2465 23 mile rd

Utica, MI 48316

Attorney for Petitioner, address, telephone

Jesse O'Jack P.O. Box 363 Saline, MI 48176

Attorney/Rep for Respondent, address, telephone

N/A

ORDER OF ABATEMENT





Case No.

ORDER OF NON-COMPLIANCE

DB-2019-004

This matter concerns the property located at: 733 Jefferson Lane , Milan, MI Tax ID # 19-19-26-405-030

The Dangerous Buildings Hearing Officer finds that: X Owner, agent, or owner/agent failed to appear at the hearing on 2020-01-06 and 2020-02-10. X Owner, agent, or owner/agent has failed to comply with the Order of Abatement dated: 2020-01-06 for the following reasons: Respondent has failed to pull a demolition permit as required in the 2020-01-06 findings

and order. Additionally, the respondent has failed to appear at hearings on 2020-02-10, 2020-01-06, 2019-10-28, 2019-09-30, and 2019-04-25. X Dangerous Buildings Hearing Officer requests that the City Council take all necessary action to enforce the order X A copy of the Findings and Order from 2020-01-06 is attached.

Dated: 2020-02-14 Dangerous Building Hearing Officer


BY:



J & V Holdings

2465 23 mile rd

Utica, MI 48316




N/A

ORDER OF NONCOMPLIANCE

M - 2

CITY OF MILAN

STAFF REPORT


TO: City Council

FROM: Karen Samborski, City Administrator

DATE: July 1, 2020

SUBJECT: Approve Resolution 2020-05 – A Resolution to Set the Show Cause Hearing for

the Property at 716 Jackson Lane to Wednesday, July 29, 2020 via Electronic

Remote Access.


Regarding the property located at: 716 Jackson Lane

Tax ID# 19-19-26-405-037

Case # DB 2019-003

Resolution 2020-02 was approved on February 24th which accepted the Dangerous Building

Hearing Officer's Findings and Order dated January 6, 2020 and Order of Noncompliance dated

February 14, 2020 and set a show cause hearing date for the Property at 716 Jackson Lane for

March 23, 2020. At the recommendation of Governor Whitmer and due to the concern for public

health and welfare during the COVID-19 pandemic, the meeting was canceled; thus, the hearings

on March 23th were canceled as well.

The attached resolution, Resolution 2020-04, will set the show cause hearing to Wednesday, July

29, 2020 via electronic remote access in accordance with Michigan Governor’s Executive Order

2020-129.

RECOMMENDED ACTION:

Approve Resolution 2020-05 – A Resolution to Set the Show Cause Hearing for the Property at

716 Jackson Lane to Wednesday, July 29, 2020 via Electronic Remote Access

RESOLUTION NO. 2020-05

A RESOLUTION TO SET THE SHOW CAUSE HEARING FOR THE PROPERTY AT 716

JACKSON LANE TO WEDNESDAY, JULY 29, 2020

VIA ELECTRONIC REMOTE ACCESS.

Regarding the property located at: 716 Jackson Lane

Tax ID# 19-19-26-405-037

Case # DB 2019-003

WHEREAS THE COUNCIL OF THE CITY OF MILAN had previously accepted the Dangerous

Building Hearing Officer's Findings and Order dated January 6, 2020 and Order of Noncompliance

dated February 14, 2020; and

WHEREAS THE COUNCIL OF THE CITY MILAN had previously set a City Council Show

Cause Hearing for Monday, March 23, 2020, at 7:30 p.m., at City Hall, 147 Wabash Street, Milan,

MI 48160; and

WHERAS THE COUNCIL OF THE CITY MILAN was unable to conduct the Show Cause

Hearing that was originally scheduled for March 23rd due to Covid-19;

WHERAS THE COUNCIL OF THE CITY MILAN must set a new date to conduct the Show

Cause Hearing;

IT IS RESOLVED BY THE COUNCIL OF THE CITY OF MILAN that the City Council Show

Cause Hearing be set for Wednesday, July 29, 2020, at 7:00 p.m., by electronic remote access in

accordance with the Michigan Governor’s Executive Order 2020-129, and the City shall comply with

all public notice requirements.

Motion by Councilperson _____________, supported by Councilperson _________to adopt

Resolution No. 2020-05.

ROLL CALL VOTE: AYES: NAYS: ABSENT: ABSTAIN:

______________________________


I, Lavonna Wenzel, Clerk of the City of Milan, a Michigan Municipal Corporation, do hereby certify

that the above-captioned Resolution No. 2020-05 as adopted by the City Council of the City of Milan

at a regular meeting thereof on the 13th day of July 2020. I further certify that Dominic Hamden is

the duly elected Mayor and Lavonna Wenzel is the duly appointed Clerk of the City of Milan.

______________________________






Case No.

FINDINGS and ORDER

DB-2019-003

This matter concerns the property located at: 716 Jackson , Milan, MI Tax ID # 19-19-26-405-037

___ The Dangerous Buildings Hearing Officer finds that the property at the above-described address is not a

dangerous building. _X__ The Dangerous Buildings Hearing Officer finds that the property at the above-described address is a dangerous

building, and orders the following remedy:

X The Building shall be demolished.

� The building shall be demolished or made safe or properly maintained as indicated on the attached checklist The owner, agent, or owner/agent, shall comply with this order by: This order requires a demolition permit be pulled by 01-31-2020 and the building be demolished by 4-15-2020. Respondent shall be present at 02-10-2020 at 1pm for a show cause hearing or the Dangerous Building Hearing Officer will issue a recommendation to City council for demolition of the building at the 03-09-2020 council meeting. If the owner, agent, or owner/agent fails to comply by the above date, the hearing officer shall file a report of the findings and a copy of this order with the City Council not more than 5 days after noncompliance. Dated: 01-06-2020 Dangerous Building Hearing Officer I CONSENT TO THE ABOVE ORDER: Signature of owner or agent


BY:



J & V Holdings

2465 23 mile rd

Utica, MI 48316




N/A

ORDER OF ABATEMENT





Case No.

ORDER OF NON-COMPLIANCE

DB-2019-003

This matter concerns the property located at: 716 Jackson , Milan, MI Tax ID # 19-19-26-405-037

The Dangerous Buildings Hearing Officer finds that: X Owner, agent, or owner/agent failed to appear at the hearing on 2020-01-06 and 2020-02-10. X Owner, agent, or owner/agent has failed to comply with the Order of Abatement dated: 2020-01-06 for the following reasons: Respondent has failed to pull a demolition permit as required in the 2020-01-06 findings

and order. Additionally, the respondent has failed to appear at hearings on 2020-02-10, 2020-01-06, 2019-10-28, 2019-09-30, and 2019-04-25. X Dangerous Buildings Hearing Officer requests that the City Council take all necessary action to enforce the order X A copy of the Findings and Order from 2020-01-06 is attached.

Dated: 2020-02-14 Dangerous Building Hearing Officer


BY:



J & V Holdings

2465 23 mile rd

Utica, MI 48316




N/A

ORDER OF NONCOMPLIANCE

TO: Mayor Hamden and City Council Members

FROM: Karen Samborski – City Administrator

DATE: July 8, 2020

SUBJECT: Approve Resolution 2020-09 – Local Government Approval of a New On-Premise Liquor License for Peppers Mexican Grill located at 39 & 45 E Main St.


FACTS:

The City of Milan originally approved Resolution 2019-10 on August 12, 2019 approving

Peppers Mexican Grill’s application request for a new Class C liquor license issued under

MCL 436.1521 a(1)(b) and SDM. The original resolution only included their business

address of 39 E. Main St.; however, the restaurant location resides in two physical addresses

– 39 & 45 E. Main St. The proposed resolution includes both addresses.

Maria and Marcos Garcia, owners of Peppers Mexican Grill would like to expand their

menu choices to promote and maintain growth for their new business. They need to obtain a

Class C and SDM liquor license for on-premise sales.

The attached form supplied by the Liquor Control Commission requires the local

government approval as part of the application process.

The business owner will cover all fees for the license,

RECOMMENDED ACTION: Approve Resolution 2020-09 – Local Government Approval of a New On-Premise

Liquor License for Peppers Mexican Grill located at 39 & 45 E Main St.

147 WABASH STREET, MILAN MI 48160 PHONE: (734) 439-1501

www.milanmich.org

M - 3

Business ID:

Request ID: (For MLCC use only)

Michigan Department of Licensing and Regulatory Affairs Liquor Control Commission (MLCC)

Toll Free: 866-813-0011 • www.michigan.gov/lcc

• You must obtain a recommendation from the local legislative body for a new on-premises license application, certain types of licenseclassification transfers, and/or a new banquet facility permit.

• Complete this resolution or provide a resolution, along with certification from the clerk or adopted minutes from the meeting atwhich this request was considered.

for the following license(s):

(township, city, village)

Instructions for Applicants:

Instructions for Local Legislative Body:

LARA is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. LCC-106 (10/15)

(township, city, village)

to be located at:

(date)

(time)

Banquet Facility Permit Address of Banquet Facility:

Under Article IV, Section 40, of the Constitution of Michigan (1963), the Commission shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales thereof, subject to statutory limitations. Further, the Commission shall have the sole right, power, and duty to control the alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the licensure of businesses and individuals.

council/board

the following resolution was offered:

and the following permit, if applied for:

If disapproved, the reasons for disapproval are

approval by the Michigan Liquor Control Commission.

this application be considered forIt is the consensus of this body that it (recommends/does not recommend)

Vote

DateSignature of ClerkPrint Name of Clerk

Please return this completed form along with any corresponding documents to: Michigan Liquor Control Commission

Mailing address: P.O. Box 30005, Lansing, MI 48909 Hand deliveries or overnight packages: Constitution Hall - 525 W. Allegan, Lansing, MI 48933

Fax to: 517-763-0059

(regular or special)

Local Government Approval(Authorized by MCL 436.1501)

At a meeting of the (regular or special)

called to order by on at(date)

Moved by and supported by

that the application from (name of applicant - if a corporation or limited liability company, please state the company name)

(list specific licenses requested)

Yeas:

Nays:

Absent:

I hereby certify that the foregoing is true and is a complete copy of the resolution offered and adopted by the

council/board at a meeting held on

new Class C issued under MCL 436.1521 a(1)(b) and SDM

39 & 45 E Main Street, Milan, MI 48160

Lavonna Wenzel

Regular City of Milan

Mayor Pro-Tem, Ed Kolar July 13, 2020 7:30pm

Peppers Mexican Grill

City

Regular July 13, 2020

City of Milan - Resolution 2020-09

TO: Mayor Hamden and City Council Members

FROM: Karen Samborski – City Administrator

DATE: July 1, 2020

SUBJECT: Approve First Reading of Ordinance 2020-01 – AN ORDINANCE TO AMEND THE MILAN CITY CODE BY AMENDING CHAPTER 13 “MISCELLANEOUS

PROVISIONS AND OFFENSES”, ARTICLE II “LITTER”, SECTION 13-61 “’RESPONSIBLE

PERSON’ TO MAINTAIN PREMISES FREE OF LITTER” TO RE-TITLE THE SECTION AND

ADD PROVISIONS FOR THE CLEARING OF LITTER FROM THE PREMISES BY THE CITY

AND MAKING THE PENALTY A MUNICIPAL CIVIL INFRACTION.


FACTS:

The proposed amendments to the ordinance are as follows:

- More clearly defines that the responsible party must maintain the exterior of the

property free of litter

- Establishes the violation as a municipal civil infraction

- Authorizes the City to remove and dispose of the litter if the responsible party fails

or refuses to do so

- Allows the City to charge the responsible party for the City’s costs to remove and

dispose of the litter and allows outstanding charges be a lien on the property tax bill

The Building Department recommends amendment of Section 13-61 originally titled

“Responsible person to maintain premises free of litter” to “Maintenance of Exterior

Premises”.

RECOMMENDED ACTION:

Approve First Reading of Ordinance 2020-01 – AN ORDINANCE TO AMEND THE MILAN

CITY CODE BY AMENDING CHAPTER 13 “MISCELLANEOUS PROVISIONS AND

OFFENSES”, ARTICLE II “LITTER”, SECTION 13-61 “’RESPONSIBLE PERSON’ TO

MAINTAIN PREMISES FREE OF LITTER” TO RE-TITLE THE SECTION AND ADD

PROVISIONS FOR THE CLEARING OF LITTER FROM THE PREMISES BY THE CITY AND

MAKING THE PENALTY A MUNICIPAL CIVIL INFRACTION.

147 WABASH STREET, MILAN MI 48160 PHONE: (734) 439-1501

www.milanmich.org

M - 4

The City of Milan

Ordinance No. 2020-__01__________

AN ORDINANCE TO AMEND THE MILAN CITY CODE BY AMENDING CHAPTER 13

“MISCELLANEOUS PROVISIONS AND OFFENSES”, ARTICLE II “LITTER”, SECTION 13-

61 “’RESPONSIBLE PERSON’ TO MAINTAIN PREMISES FREE OF LITTER” TO RE-TITLE

THE SECTION AND ADD PROVISIONS FOR THE CLEARING OF LITTER FROM THE

PREMISES BY THE CITY AND MAKING THE PENALTY A MUNICIPAL CIVIL

INFRACTION.

THE CITY OF MILAN ORDAINS:

Section 1: Amendments, additions, and deletions to the Code of Ordinances, City of Milan,

Michigan.

That the Milan City Code Chapter 13 "Miscellaneous Provisions and Offenses", Article II “Litter”,

Section 13-61 “Responsible Person” to maintain premises free of litter" is hereby amended to read

as follows:

Sec. 13-61. – Maintenance of Exterior of Premises. “Responsible Person” to maintain

premises free of litter.

(a) Responsible Person to maintain exterior of premises free of litter; penalty.

The “Responsible Person”, as defined in Section 1-2, of land within the city shall at all

times maintain the exterior of the premises free of litter; provided, however, that this section

shall not prohibit the storage of refuse until the next scheduled collection of the refuse by the

city or the city's contractor, if such refuse is stored in accordance with the provisions of

Chapter 9 of this Code. Where there is more than one “Responsible Person” for a property,

each shall be equally responsible. Any person who violates this section shall be responsible for

a municipal civil infraction, subject to the enforcement procedures and penalties outlined in

Chapter 13 ¼ “Municipal Civil Infractions” and Section 1-8 “General Penalty” of this Code.

Upon admission or determination of responsibility the violator shall be subject to a civil fine and

costs in the amounts specified in the Official Municipal Civil Infraction Fines and Costs

Schedule adopted by resolution of the City Council.

(b) Clearing of litter from exterior of premises by city.

(1) Generally; Notice. Whenever the exterior of premises is in a condition in violation

of this section, then the director of public works or an authorized city official, as

defined in section 13¼-1 of this Code, shall notify, in writing, the “Responsible

Person” for such violation, if known, to cure such violation or cause the same to

be cured by the end of the fourteenth (14th) day after the date of such notice. Such

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notice shall be served in any means permitted by chapter 13¼ of this Code for the

service of a municipal ordinance violation notice. Such notice may, but shall not

be required to, be given by the issuance of a municipal ordinance violation notice

or a citation for a municipal civil infraction, as those terms are defined in chapter

13¼ of this Code. The giving of such notice by any other means shall not preclude

the additional issuance of a municipal ordinance violation notice or a citation for a

municipal civil infraction for such violation.

(2) Removal; Charges; Billing. If the “Responsible Person” served with the notice specified in subsection (b)(1) of this section fails and/or refuses to cure the

violation by the date specified in the notice, then the director of public works or

authorized city official shall be authorized to cure such violation or cause the same

to be cured by the removal and disposal of the litter and the “Responsible Person”

shall, in addition to any other penalty provided or permitted by this Code, be liable

to the city for the full cost of effecting such cure plus an amount equal to ten (10)

percent of such cost for administrative overhead. The director of public works or

authorized city official shall keep an accurate account of the expenses incurred in

carrying out the provisions of this section with respect to each parcel of land

entered upon therefor, and shall make a sworn statement of such account and

present the same to the treasurer. The treasurer shall bill or cause to the billing of

all such sums, including the administrative overhead surcharge, to the

“Responsible Person” or “Responsible Persons”.

(3) Charges to be lien and added to tax bill. All charges billed by the treasurer pursuant to subsection (b)(2) shall, upon billing, become a lien upon the premises

to which they apply. On May 30, October 31 and/or thirty (30) days prior to the

issuance of any and all tax bills each year, the treasurer shall certify any and all

unpaid charges for such services which have been delinquent three (3) months or

more and shall add thereto ten (10) percent of total charges against each of the

several premises so certified to cover the city's additional costs should this

procedure be necessary to effect collection, and shall enter the resulting total upon

the next tax roll against each of the premises so certified. This lien shall be

collected and/or enforced in the same manner as provided in respect to that for any

other taxes assessed upon such roll.

Section 2. Severability.

If any clause, sentence, section, paragraph, or part of this ordinance, or the application

thereof to any person, firm, corporation, legal entity, or circumstances, is for any reason adjudged

by a court of competent jurisdiction to be unconstitutional or invalid, such judgment will not affect,

impair, or invalidate the remainder of this Ordinance and the application of such provision to other

persons, firms, corporations, legal entities, or circumstances by such judgment will be confined in

its operation to the clause, sentence, section, paragraph, or part of this Ordinance thereof directly

involved in the case or controversy in which such judgment has been rendered and to the person,

firm, corporation, legal entity, or circumstances then and there involved. It is hereby declared to

be the legislative intent of this body that the Ordinance would have been adopted had such invalid

or unconstitutional provisions not have been included in this Ordinance.

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Section 3. Repeal.

All other Ordinances inconsistent with the provisions of this Ordinance are, to the extent

of such inconsistencies, hereby repealed.

Section 4. Savings Clause.

The balance of the Code of Ordinances, City of Milan, Michigan, except as herein or

heretofore amended, shall remain in full force and effect. The repeal provided herein will not

abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or

any pending fee, assessments, litigation, or prosecution of any right established, occurring prior

to the effective date hereof.

Section 5. Copies to be available.

Copies of the ordinance are available at the office of the city clerk for inspection by, and

distribution to, the public during normal office hours.

Section 6. Publication and Effective Date.

The City Clerk shall cause this Ordinance, or a summary of this Ordinance, to be

published as required by Section 7.4 of the Milan City Charter. This Ordinance shall take effect

ten days after its adoption and after publication as required by law.

Adopted and signed this ___ day of __________, 2020.

_________________________________


_________________________________


Attest

I do hereby confirm that the above Ordinance No. ___ was published in __________________

on the ___ day of ____________, 2020.

_________________________________


CITY CLERK'S CERTIFICATE

I certify that the foregoing is a true and complete copy of the Ordinance duly adopted by the City

Council of the City of Milan, Counties of Monroe and Washtenaw, State of Michigan, at a

regular meeting held on the ____ day of _______, 2020, the original of which is in my office,

and that the meeting was conducted and public notice of the meeting was given pursuant to and

in full compliance with the Open Meetings Act, being Act 267 of PA 1976, and that the minutes

of the meeting were kept and will be or have been made available as required by the Open

Meetings Act.

I further certify that the following Members were present at the meeting:

________________________________________________________________ and

the following Members were absent:

________________________________________________________________, and that

Member ________________ moved for adoption of the Ordinance and the motion was supported

by Member _________________________.

I further certify that the following Members voted for adoption of the Ordinance:

______________________________________________________________________ and

that the following Members voted against adoption of the Ordinance:

_______________________________________________________________________.

I further certify that the Ordinance has been recorded in the Ordinance Book and that the

recording has been authenticated by the signatures of the Mayor and City Clerk.

_________________________________


First Reading __________________________

Second Reading ________________________

Published _____________________________

Effective Date _________________________

CITY OF MILAN

STAFF REPORT


TO: Mayor Hamden and City Council

FROM: Ellen Bell, Parks and Recreation Director

DATE: July 7, 2020

SUBJECT: Milan Flyers request Maintenance Equipment Storage


The Milan Flyers Club would like permission to place a storage unit at the Field of Dreams.

They are proposing an 8’x 12’ metal shipping container for maximum security. They will plan

on painting it if need and planting evergreens and other planting to maintain the visual appeal of

the park setting. This container will be placed on a concrete slab. The Milan Flyers Club will

cover all the expenses for this project.

I recommend that we allow, the container to be place at the Field of Dreams. The Milan Flyer

Club mows the grass at the Field of Dream and need a secure area to store their mower and

supplies. I feel this is a great way to keep all supplies safe, a wood or metal shed would not be

enough security at the Field of Dreams. The Milan Flyers Club are a great group, they go out of

their way to make sure the Field of Dreams are maintained and looking good with no cost to the

City.

RECOMMENDED ACTION:

Approve Milan Flyers Club to place a metal shipping container at the Field of Dreams.

M - 5

Vern R Campbell ParkField of Dreams

Maintenance Equipment Storage

Proposal by

Milan Flyers

Radio Control Aircraft Club

Presented to

Milan City Council

March 23, 2020

For more information, contact:

Jeff Albers

Vice President Milan Flyers

313-549-2043

[email protected]

BackgroundGeneral park mowing and maintenance at FOD is done by city contracted services. Any special mowing or upkeep in support of RC flying is done by members of the Milan Flyers RC Club. Mowing equipment used by Milan Flyers includes:• Reel-type gang mowers pulled by truck (used for large

novice landing area)• Rotary riding mowers (used for very low cut on primary

runway)• Rotary push mowers (backup when ground is too soft for

heavier mowers)The existing storage shed at FOD is large enough to store one push mower. The gang mowers and riding mowers must be stored outdoors, or trailered to FOD for each mowing. Trailering for each mowing is not practical for distributing the workload among club members. Storing the equipment outside leads to higher maintenance time and cost, plus high risk of vandalism or theft.

ProposalMilan Flyers propose replacement of the existing storage shed with a larger structure, 8 feet by 20 feet in size. Our preference is to utilize a small steel shipping container for maximum security. We propose to conceal the structure with evergreens and other plantings to maintain the visual appeal of the park setting.The container would be placed on a 4 inches x 10 feet x 30 feet concrete slab with rat wall 24 inches below grade. Location would be south of the east-west hedge on the south side of the pavilion. This location is near the existing shed, but outside the cluster of trees that surround the existing shed. We are seeking approval to proceed with this project at Milan Flyers Club expense (estimated at up to $5000) in order to improve the quality of the city park for RC flying.We are also seeking feedback on applications, permits, and any other requirements to proceed.

Site Plan

Existing 18’ x 30’ Pavilion

New 8’ x 20’Storage Container On 10’ x 30’ Concrete Slab

New Evergreen Trees as Screen

Location within Vern R Campbell Park

Augusta TwpYork Twp

Aerial view and boundary data source: MapWashtenaw online interactive map

View as ApproachingPavillionShown without new paint color to be selected by Parks and Recreation Commission

PAYROLL:

6/23/20 Special Payroll #886 $40,046.97

6/26/20 Regular & Council Payroll #887 $71,901.31

6/30/20 Special Payroll #888 $22,756.35

7/10/20 Regular Payroll #889 $78,208.60

TOTAL PAYROLL $212,913.23

ACCOUNTS PAYABLE:

7/13/20 Accounts Payable $319,304.53

TOTAL PAYABLES $319,304.53

GRAND TOTAL $532,217.76

CITY OF MILAN

BILLS PAYABLE & PAYROLL

13-Jul-20

AGENDA k.pdf06 22 20 work sessionMINUTES OF A WORK SESSION OF THE MILAN CITY COUNCIL HELD ON JUNE 22, 2020 AT 6:30 P.M. AT WILSON PARK,AGENDA:1. Discuss the Process to Complete the MBK Pledge to Address Police Use of Force Policies. (see attached)2. Discuss Creation of Work Group/Task Force for Diversity and Inclusion.3. Any Matters that may legally come before Council.The city council reviewed the “Commit to Action” pledge by Obama and held an in-depth discussed of the current times and the pros and cons of starting a Task Force Committee. Mayor Hamden collected input from all in attendance to make up the body of...*Two long term - residents of Milan for more than 10 years.*Two short term – residents of Milan for less than 5-7 years.*Milan Sports Couch*Milan People of Color*Milan Students*Milan Youth Council members*Milan Business OwnerCity Administrator will set a date for the City Council to sit down and review Police Department Policies particularly (Use of Force policy). A City Council work session will be set to discuss P.D. policy review and hear public comment.PUBLIC COMMENTS: Jill Tewsley spoke.

06 22 20 Reg Mtg MinutesPacket - minus Agenda and MMM1-M2Staff Report - Resolution 2020-04 733 Jefferson LaneResolution 2020-042020-01-06_Findings_and_Order_733_Jefferson Word2020-02-10_Order_Of_Non-Compliance_733_Jefferson_02-14Staff Report - Resolution 2020-05 716 Jackson LaneResolution 2020-052020-01-06_Findings_and_Order_716_Jackson Word2020-02-10_Order_Of_Non-Compliance_716_Jackson_02-14

Staff Report - Resolution 2020-09Resolution 2020-09Staff Report - Ordinance 2020-01 LitterOrdinance 2020-01 13-61 maintain premises free of litter city cleanup proposed ordinance revised 070620BILLS PAYABLE COVERSHEET 7.13.20Invoice Approval

Milan Flyers -storage containerField of Dreams Milan Flyers Storage Proposal Milan City Council 23Mar2020 Final

city of milan agenda 7 13 20.pdf · 2020. 7. 13. · mann, police chief tillery, lt. nieman, mis/c...

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