MINUTES OF THE REGULAR
THE ROGERS CITY CITY
HELD VIA ZOOM PLATFORM
TUESDAY, MARCH 23, 2021
Mayor McLennan called the meeting to order at 6 p.m.
ROLL CALL: Adair, Bielas, Fuhrman, Nowak and McLennan.
APPROVAL OF AGENDA
Fuhrman/Nowak, to approve the agenda, removing the City Hall sound panels.
ROLL CALL: Ayes – All, the motion carried.
APPROVAL OF MINUTES
Adair/Nowak, that the minutes of the Regular Council Meeting of March 9, 2021 be approved as written. ROLL CALL: Ayes – All, the motion carried.
CITY CLERK’S REPORT:
CHECK AND INVOICE APPROVAL:
Adair/Bielas, that the following total fund expenditures be recognized as payments made and payments to be made, in the amount of $166,842.45 and the Mayor is authorized to sign the check register. ROLL CALL: Ayes – All, the motion carried.
ORDINANCE 2021-03 THROUGH 2021-16
Nowak/ Adair, for first reading of Ordinance 2021-03 through 2021-16:
Ordinance Summary published in other area of April 15, 2021 edition
AN ORDINANCE AMENDING THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO CHANGE CERTAIN PHRASES FOUND THROUGHOUT THE TEXT
AN ORDINANCE AMENDING ARTICLE 2, SECTION 32-11, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO PROVIDE CLARIFICATION REGARDING CONFLICTS BETWEEN TABLES AND ILLUSTRATIONS
AN ORDINANCE AMENDING ARTICLE 2, SECTION 32-12, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO FURTHER DEFINE SEXUALLY ORIENTED BUSINESS
AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-29 OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) BY ADDING LANGUAGE REGARDING ACCESSORY STRUCTURES
AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-45, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO ELIMINATE A REFERENCE TO “CONSTRUCTION SIGNS” WHICH WERE PREVIOUSLY ELIMINATED FROM THE ORDINANCE
AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-45 OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) BY CHANGING THE STANDARDS FOR SIGNAGE FOR NON-RESIDENTIAL USES IN RESIDENTIAL DISTRICTS
AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-49, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) BY ADJUSTING THE RULES AND SETBACKS FOR PATIOS, PORCHES, AND DECKS
AN ORDINANCE AMENDING MULTIPLE ARTICLES AND SECTIONS OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO CREATE CONSISTENCY IN DESCRIBING WIND ENERGY SYSTEMS AND REDUCING THE DISTRICTS LARGE WIND TURBINE GENERATORS AND ANEMOMETER TOWERS CAN BE INSTALLED
AN ORDINANCE AMENDING ARTICLE 7, SECTION 32-102, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO CLARIFY THE DISTANCE REQUIRED BETWEEN MULTI-FAMILY DWELLINGS ON A PROPERTY
AN ORDINANCE AMENDING ARTICLE 12, SECTION 32-151, AND ARTICLE 19, SECTION 32-220, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO PROVIDE CLARITY TO RESIDENTIAL USES WITHIN THE B-1 DISTRICT
AN ORDINANCE AMENDING ARTICLE 14, SECTION 32-171, ARTICLE 15, SECTION 32-181, ARTICLE 16, SECTION 32-191, ARTICLE 17, SECTION 32-201, AND ARTICLE 19, SECTION 32-220, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) REGARDING INDOOR/OUTDOOR STORAGE AT STORAGE FACILITIES FOR BUILDING MATERIALS/CONTRACTORS EQUIPMENT AND PUBLIC WORKS FACILITIES.
AN ORDINANCE AMENDING ARTICLE 15, SECTION 32-182, AND ARTICLE 16, SECTION 32-192 OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) BY MAKING FENCE HEIGHT MAXIMUMS SPECIFIED IN THOSE SECTIONS CONSISTENT WITH THE FENCE HEIGHT MAXIMUMS INCLUDED IN ARTICLE 3, SECTION 32-41
AN ORDINANCE AMENDING ARTICLE 20, SECTION 32-229 OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) BY PROVIDING THAT THE ZONING OFFICER IS AUTHORIZED TO REVOKE ZONING PERMITS FOR DEVIATIONS FFROM APPROVED SITE PLANS
AN ORDINANCE TO AMEND THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO REZONE PROPERTY FROM B-1 LOCAL BUSINESS TO R-2 SINGLE-FAMILY RESIDENTIAL
ROLL CALL:Ayes – All, the motion carried
WATER BILL SHUT OFFS AND LATE FEES
RESOLUTION NO. 2021-31
Nowak/Fuhrman, to begin charging late fees and sending shut off notices after April 15, 2021 contingent upon following any new MDHHS mandates regarding said late fees and shut off notices.
ROLL CALL:Ayes – All, the motion carried.
RESOLUTION NO. 2021-32
Fuhrman/Nowak, that an RFP for property and liability insurance be completed for FY2022/2023.
ROLL CALL:Ayes – All, the motion carried.
BUDGET AMENDMENT – LEGAL FEES
RESOLUTION NO. 2021-33
Bielas/Nowak, BE IT RESOLVED, by the City Council of the City of Rogers City, Michigan to amend the FY2020-2021 Annual Budget as prepared by City Staff, presented to Council in writing, and reviewed at this March 23, 2021 meeting. A copy of said amendment to be placed on file in the City Clerk’s office. ROLL CALL: Ayes – All, the motion carried.
STATE RESOLUTION ASSESSOR
RESOLUTION NO. 2021-34
A motion was made by Council Member Bielas, seconded by Council Member Nowak,
RESOLUTION TO ESTABLISH A POLICY REGARDING THE ACCESSIBILITY OF THE ASSESSOR’S OFFICE TO TAXPAYERS
DATE: March 23, 2021
COUNTY: Presque Isle
MUNICIPALITY NAME: City of Rogers City
MUNICIPALITY ADDRESS: 193 E. Michigan Ave., Rogers City, MI 49779
WHEREAS, 2018 PA 660, MCL 211.10g (“the Act”) provides that the State Tax Commission shall adopt and publish guidelines applicable to municipal audit procedures; and
WHEREAS, the State Tax Commission has, in turn, adopted such guidelines, STC Guideline 2020-1 (“the guidelines”), as required by the Act; and
WHEREAS, the guidelines provide that each assessing district must have and follow a published policy under which its assessor’s office is reasonably accessible to taxpayers, and that the published policy must address the items listed in Section 10g, Subsection (1), of the Act; and
WHEREAS, the City of Rogers City, County of Presque Isle desires to comply with the requirement to establish such a policy by adopting the present resolution and making the resolution available to the public;
NOW, THEREFORE BE IT RESOLVED that the City of Rogers City, County of Presque Isle, establishes the following policy and provides the following information in connection with its assessor’s office:
The City of Rogers City, County of Presque Isle, currently employs an assessor of record that is certified by the State of Michigan as a Michigan Advanced Assessing Officer (MAAO), Certification Number R-7862.
The City of Rogers City, County of Presque Isle, uses State Of Michigan approved BS&A CAMA assessing software; contact information: BS&A software, 14965 Abbey lane, Bath Twp. MI 49908. Telephone number 517-641-8900. http://www.bsasoftware.com and http://www.bsaonline.com
The City of Rogers City, County of Presque Isle, contracts Allan Berg as the assessor of record, and the contact Information for this assessor is as follows:
NAME: Allan Berg
TELEPHONE NO. (989) 734-3555
ELECTRONIC MAIL: email@example.com
The assessor contact information can also be found by accessing the municipality website at http://www.rogerscity.com or the assessor’s website at http://www.assessingoffice.com
The City of Rogers City, County of Presque Isle, ensures that any taxpayer inquiring about property records maintained by the assessor’s office within the City of Rogers City, County of Presque Isle, will have a response from the assessor of record within (7) business days from the date the request was submitted to the above listed assessor either by telephone or electronic mail using the assessor contact information listed above.
Taxpayers may request a meeting with the assessor from the above-named Municipality for any property assessment-related inquiries by submitting in writing to the above electronic mail address or contacting by telephone the assessor of the above-named Municipality.
Taxpayers may request, using the above electronic mail or telephone number, to inspect the records maintained by the assessor’s office, and taxpayers will be contacted to set up a time and date to meet at the Municipality hall listed at the above address.
Taxpayers may request, using the above electronic mail or telephone number, any questions or processes the assessor uses to informally hear and resolve any disputes taxpayers may have before the March Board of Review meeting.
BE IT FURTHER RESOLVED that this Resolution/Policy shall take effect as of the date set forth below.
ROLL CALL: Ayes – All, the motion carried.
REQUESTS – NAUTICAL FESTIVAL, PIGS TOURNAMENT, and FAT HOGS FISHING TOURNAMENT
RESOLUTION NO. 2021-35
Nowak/Fuhrman, to approve the request for the 2021 Nautical Festival to be held August 3rd through 8th, the Presque Isle Girls Softball Tournament for use of the Sports Park and South Shore Park July 16-18, 2021, the Fat Hogs Ladies Tournament on August 14, 2021 and Labor Day Weekend Tournament on September 4-5, 2021 all groups must work with the City Mgr. and Police Chief. ROLL CALL: Ayes – All, the motion carried.
STATE OF EMERGENCY/HYBRID MEETINGS
RESOLUTION NO. 2021-36
A motion was made by Council Member Bielas, seconded by Council Member Adair,
A RESOLUTION DECLARING A LOCAL STATE OF EMERGENCY FOR THE PURPOSE OF PERMITTING THE CITY COUNCIL AND OTHER PUBLIC BODIES OF THE CITY TO MEET BY ELECTRONIC AND TELEPHONIC MEANS
Minutes of a regular meeting of the City Council of the City of Rogers City held on March 23, 2021, at 6 p.m., local time, by in-person and electronic means.
WHEREAS, as recently as March 2, 2021 the Director of the Michigan Department of Health and Human Services (MDHHS) made the following findings:
“The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. COVID-19 spreads through close human contact, even from individuals who may be asymptomatic.
“On March 10, 2020, MDHHS identified the first two presumptive-positive cases of COVID-19 in Michigan. As of March 1, 2021, Michigan had seen 589,150 confirmed cases and 15,534 confirmed deaths attributable to COVID-19. Michigan was one of the states most heavily impacted by COVID-19 early in the pandemic, with new cases peaking at nearly 2,000 per day in late March. Strict preventative measures and the cooperation of Michiganders drove daily case numbers dramatically down to fewer than 200 confirmed cases per day in mid-June, greatly reducing the loss of life. Beginning in October, Michigan again experienced an exponential growth in cases. New cases peaked at nearly 10,000 cases per day in mid-November, followed by increases in COVID-19 hospitalizations and deaths.
“On November 15, 2020, MDHHS issued an order enacting protections to slow the high and rapidly increasing rate of spread of COVID-19. Cases, hospitalizations, and deaths remained high through early December, threatening hospital and public health capacity. On December 7, 2020, December 18, 2020, and January 13, 2021, MDHHS issued orders sustaining those protections. These orders played a crucial role in slowing the spread in Michigan and have brought new cases down to about 1,500 per day. These lower rates prevented Michigan’s healthcare system from being overwhelmed with a holiday surge.
“As of February 27, the State of Michigan had a seven-day average of 91.2 cases per million people, nearly 88% lower than the case rate in mid-November. While that case rate is similar to the rate in early October, it has plateaued over the past week and remains three times the rate of the summer low point.
“Test positivity was 3.7% as of February 27, and has started to plateau as well. While metrics have decreased from all-time highs, further progress has tapered off and there is growing concern of another spike with the presence of more infectious variants in Michigan and the United States as a whole.
“Even where COVID-19 does not result in death, and where Michigan’s emergency and hospital systems are not heavily burdened, the disease can cause great harm. Recent estimates suggest that one in ten persons who suffer from COVID-19 will experience long-term symptoms, referred to as “long COVID.” These symptoms, including fatigue, shortness of breath, joint pain, depression, and headache, can be disabling. They can last for months, and in some cases, arise unexpectedly in patients with few or no symptoms of COVID-19 at the time of diagnosis. COVID-19 has also been shown to damage the heart and kidneys. Furthermore, minority groups in Michigan have experienced a higher proportion of “long COVID.”
“The best way to prevent these complications is to prevent transmission of COVID-19. Since December 11, 2020, the Food and Drug Administration has granted emergency use authorization to three vaccines to prevent COVID-19, providing a path to end the pandemic. Michigan is now partaking in the largest mass vaccination effort in modern history and is presently working toward vaccinating at least 70% of Michigan residents 16 years of age and older as quickly as possible.
“New and unexpected challenges continue to arise: in early December 2020, a variant of COVID-19 known as B.1.1.7 was detected in the United Kingdom. This variant is roughly 50 to 70 percent more infectious than the more common strain. On January 16, 2021, this variant was detected in Michigan. It is anticipated that the variant, if it becomes widespread in the state, will significantly increase the rate of new cases. Currently, Michigan is second in the nation with respect to the number of B.1.1.7 variants detected. To date, there are over 400 cases, and this is one fifth of all cases identified in the United States. CDC modeling predicts B.1.1.7 could become the predominant variant by the end of March. At present, however, it appears that cases have plateaued;” and,
WHEREAS, the Director of the MDHHS has concluded that the COVID-19 pandemic continues to constitute an epidemic in Michigan and that control of the epidemic requires restrictions on public gatherings, and;
WHEREAS, the City Council desires to conduct the public business of the City in a manner so as not to place at risk members of the public, City staff, or members serving on public bodies of the City;
NOW, THEREFORE, IT IS RESOLVED, THAT pursuant to the authority contained at § 3 of the Home Rule Cities Act, MCL 117.3 (j) authorizing cities to provide for the public health and safety of persons; §3 of the Open Meetings Act, MCL 15.263 (2) permitting a public body to meet by electronic or telephonic means upon declaration of a local state of emergency or state of disaster if meeting in person would place at risk the personal health or safety of members of the public or members of the public body; and §10 (b) of the Emergency Management Act permitting the Mayor to declare a local state of emergency;
I, Scott McLennan, Mayor of the City of Rogers City, based on the findings made by the Michigan Department of Health and Human Services regarding the public health threat posed by the COVID-19 novel coronavirus and its variant strains, declare a local state of emergency to permit the City Council and all other public bodies of the City to continue to meet by electronic and telephonic means after March 30, 2021 and respectfully request the City Council affirm this action through May 18, 2021
ROLL CALL: Ayes – All, the motion carried.
Mayor McLennan declared the meeting adjourned at 7:06 p.m.
Condensed version, complete minutes are available at City Hall.