Ordinance Committee

ORDINANCE COMMITTEE AGENDA COMMISSION CONFERENCE ROOM 4243 REMEMBRANCE RD. NW. FRIDAY, SEPTEMBER 9, 2022 9:00 AM Call Meeting to Order - Record Attendance 1. Committee members: Steve Gilbert (Chair), Thom Burke, Melanie Grooters, and Alternate is Roxanne Deschaine Discussion Items 1. Approval of Minutes from June 27, 2022 2. Election Ordinance proposed changes 3. Mobile Food Vendor Ordinance proposed changes Adjournment Page 1 of 12  ORDINANCE COMMITTEE MEETING MINUTES COMMISSION CHAMBERS MONDAY, JUNE 27, 2022 5:00 PM Call Meeting to Order - Record Attendance a) Committee members: Commissioner Steve Gilbert (Chair), Commissioner Melanie Grooters, and Commissioner Roxanne Deschaine Also Present: Assistant City Manager Frank Wash, Planning Director/Zoning Administrator Tricia Anderson, and Deputy City Clerk Jessica Marion Discussion Items a) Approval of Minutes from Dec. 20, 2021 Motion by Melanie Grooters, seconded by Roxanne Deschaine to approve the Dec. 20, 2021 Meeting Minutes. Motion Carried. b) Discussion on Mobile Food Vendor Insurance Requirements. Deputy Clerk Marion explained the types of insurance and amounts the city currently requires and compared them to the Cities of Grand Rapids and Wyoming. Discussion was held and a recommendation was made to match the City of Grand Rapids. Deputy Clerk Marion will edit the wording of the ordinance to present to the committee at a future meeting. c) Proposed Amendment to Chapter 94, Article XIV, Sign Regulations Planning Director/Zoning Administrator Anderson explained changes to the city's sign regulations. She stated the ordinance sub-committee has reviewed the changes which allow for easier reading and understanding, include visuals, and reduces regulation. Discussion was held. Motion by Melanie Grooters, seconded by Roxanne Deschaine to approve the amendment to Chapter 94, Article XIV, Sign Regulations and to forward to the Planning Commission. Motion Carried. Adjournment at 5:35pm Deborah Goudy, City Clerk Ordinance Committee Minutes 6-27-22 Page Page21ofof12 1  CITY COMMISSION CITY OF WALKER KENT COUNTY, MICHIGAN Commissioner , seconded by Commissioner , moved the adoption of the following ordinance: ORDINANCE NO. 22- AN ORDINANCE TO AMEND CHAPTER 30, SECTIONS 30-1 THROUGH 30-3, AND TO DELETE CHAPTER 30, SECTIONS 30-4 AND 30-5, OF CITY CODE OF ORDINANCES, CITY OF WALKER THE CITY OF WALKER ORDAINS: Section 1. Amendment of Chapter 30, Section 30-1. That Chapter 30, Section 30-1 is amended to read as follows: Sec. 30-1. - Primary election. Notwithstanding the Charter, a nonpartisan city primary election shall be held on the Tuesday following the first Monday in August in every even-numbered year. Nominating petitions for elected city officers shall be filed by 4:00 p.m. on the 15th Tuesday before the August primary election. Section 2. Amendment of Chapter 30, Section 30-2. That Chapter 30, Section 30-2 is amended to read as follows: Sec. 30-2. - General election. Notwithstanding the Charter, a nonpartisan city general election to be known as the "even-year general election" shall be held on the first Tuesday after the first Monday in November in every even-numbered year. Section 3. Amendment of Chapter 30, Section 30-3. That Chapter 30, Section 30-3 is amended to read as follows: Sec. 30-3. - Terms of elected officials. City officials elected at the even-year general election as provided for in section 30-2, which election has been certified by the County Board of Canvassers, shall take office at 8:00 p.m. on the Monday following the date of the election at which the official was elected. Section 7.11 of the City Charter shall govern an instance where no such certification has occurred prior to the Monday following the date of the election. Section 4. Deletion of Chapter 30, Sections 30-4 and 30-5. That Chapter 30, Sections 30-4 and 30-5 are hereby deleted in their entirety. Section 5. Effective Date. This Ordinance shall become effective upon its publication unless otherwise provided by law. YEAS: {03637-004-00134905.5} Page 3 of 12 NAYS: ABSENT: ORDINANCE NO. ADOPTED. Gary Carey Jr., Mayor Deborah Goudy, Clerk I, Deborah Goudy, Clerk of the City of Walker hereby attest that the foregoing is a true and accurate copy of an ordinance adopted by the City Commission of the City of Walker at meeting held on , 2022, which meeting was held in accordance with state law. Deborah Goudy, Clerk {03637-004-00134905.5} Page 4 of 12  CITY COMMISSION CITY OF WALKER KENT COUNTY, MICHIGAN Commissioner , seconded by Commissioner , moved the adoption of the following ordinance: ORDINANCE NO. 22- AN ORDINANCE TO AMEND CHAPTER 30, SECTIONS 30-1 THROUGH 30-3, AND TO DELETE CHAPTER 30, SECTIONS 30-4 AND 30-5, OF CITY CODE OF ORDINANCES, CITY OF WALKER THE CITY OF WALKER ORDAINS: Section 1. Amendment of Chapter 30, Section 30-1. That Chapter 30, Section 30-1 is amended to read as follows: Sec. 30-1. - Primary election. Notwithstanding section 11.5 of the Charter, and pursuant to the authority of MCL 168.644b, MSA 6.1644(2) and MCL 168.644-l, MSA 6.1644(12), a nonpartisan city primary election shall be held on the Tuesday following the second Monday in September in every odd-numbered year beginning in 1991. In accordance with MCL 168.644f, MSA 6.1644(6), nominating first Monday in August in every even- numbered year. Nominating petitions for elected city officers shall be filed by 4:00 p.m. on the 12th 15th Tuesday prior to before the date of the August primary election. Section 2. Amendment of Chapter 30, Section 30-2. That Chapter 30, Section 30-2 is amended to read as follows: Sec. 30-2. - General election. Notwithstanding section 11.3 of the Charter, and pursuant to the authority of MCL 168.644a, MSA 6.1644(1) and MCL 168.644-l, MSA 6.1644(12), a nonpartisan city general election to be known as the "odd-year even-year general election" shall be held on the first Tuesday succeeding after the first Monday in November in every odd-numbered even-numbered year beginning in 1991. Section 3. Amendment of Chapter 30, Section 30-3. That Chapter 30, Section 30-3 is amended to read as follows: Sec. 30-3. - Terms of elected officials. Subject to state law and section 7.11 of the Charter, City officials elected at the odd-year even-year general election , as provided in section 30-2 , shall take office, pursuant to MCL 168.644h, MSA 6.1644(8), and section 2.2 of the Charter, at 8:00 p.m. on the Monday following the date of the election at which he the official was elected. Except as provided in section 30-4, the length of the terms of office for each elected city office shall be governed by the Charter. {03637-004-00135045.2} Page 5 of 12 Section 4. Deletion of Chapter 30, Sections 30-4 and 30-5. That Chapter 30, Sections 30-4 and 30-5 are hereby deleted in their entirety. Sec. 30-4. - Extension of existing terms. Pursuant to MCL 168.644g, MSA 6.1644(7): (1) The mayor, the clerk, and the three commissioners from each ward whose terms were scheduled to expire in April 1991, shall continue in office until a successor takes office following the November 1991, odd-year general election in accordance with sections 30-2 and 30-3; (2) The treasurer and the three commissioners from each ward whose terms were scheduled to expire in April 1993 shall continue in office until a successor takes office following the November 1993, odd-year general election in accordance with sections 30-2 and 30-3. Sec. 30-5. - Rescission of prior resolution. This chapter shall rescind a resolution of the city commission dated January 12, 1971, by which the city opted not to hold elections in the fall of odd-numbered years as provided in MCL 168.644a et seq., MSA 6.1644 et seq. Section 5. Effective Date. This Ordinance shall become effective upon its publication unless otherwise provided by law. YEAS: NAYS: ABSENT: ORDINANCE NO. ADOPTED. Gary Carey Jr., Mayor Deborah Goudy, Clerk I, Deborah Goudy, Clerk of the City of Walker hereby attest that the foregoing is a true and accurate copy of an ordinance adopted by the City Commission of the City of Walker at meeting held on , 2022, which meeting was held in accordance with state law. Deborah Goudy, Clerk {03637-004-00135045.2} Page 6 of 12  - CODE OF ORDINANCES Chapter 22 - BUSINESSES ARTICLE VIII. [MOBILE FOOD VENDORS] ARTICLE VIII. [MOBILE FOOD VENDORS] Sec. 22-220. Mobile food vendor license requirements. No person shall engage in the business or enterprise of "mobile food vending" or otherwise operate as a mobile food vendor in the city without first obtaining a license from the city clerk as set forth in this article. For purposes of this article, a "mobile food vendor" shall be as defined in section 94-5 of this Code. Commencing on April 26, 2021, all such licenses shall authorize the operation as a mobile food vendor in the city from the date of issuance or the following January 1, whichever is later, until the following December 31. Thereafter, annual licenses shall be issued for the period of January 1 until December 31 (calendar year) and applicants for renewal of a license must submit applications by the preceding December 1. It shall be an express condition of any license issued that the mobile food vendor shall comply with all provisions of this Code. A license issued under the provisions of this article shall not waive the obligation of the mobile food vendor and/or any associated property owner to obtain any zoning, health code, or other approvals required by law. (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-221. Mobile food vendor license application requirements. Every person required to obtain a mobile food vendor license shall make application to the city clerk on forms provided by the city clerk. The application shall contain all pertinent information required under this article as well as such other information as shall be reasonably required by the city from time to time. At a minimum, the information to be submitted shall include the following: (1) A description of the nature of the mobile food operation. (2) Where the mobile food vendor vehicles will be parked at night. (3) A copy of a certificate of insurance or other comparable documentation acceptable to the city which complies with the coverage requirements specified in this article. (4) Identification of the ownership of the applicant, if not a natural person, including the names and addresses and other primary business affiliations of all persons with 25 percent or more ownership interest. (5) Copy of drivers' licenses of any individuals who will be operating a vehicle on public or private streets, drives, alleys or other ways. (6) A certificate of approval from the fire department as well as, to the extent required by law, certificates, approvals or other documentation issued to the mobile food vendor by the Kent County Health Department or State of Michigan. (7) An affidavit of the applicant or its duly authorized officer, certifying, in a form acceptable to the city, the truth and accuracy of the information contained in the application and acknowledging the enforceability of application commitments. (8) In the case of a mobile food vendor with an existing license seeking a renewal, documentation as set forth in this article along with a demonstration that the mobile food vendor has substantially complied with the material terms of the existing license. Walker, Michigan, Code of Ordinances Created: 2022-06-28 16:45:09 [EST] (Supp. No. 49) Page 1 of 3 Page 7 of 12 (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-222. Regulatory requirements. In addition to any zoning, fire code or other legal requirements, a mobile food vendor operating within the city shall comply with the following requirements at all times: (1) The mobile food vendor shall be responsible to contain and properly dispose of all waste generated from the operation of the business. Where associated with the product offered, grease and oils shall be contained and disposed of in the manner provided by law. (2) No flashing, blinking, strobe or similar lights shall be permitted as part of any mobile food vendor operation. (3) Loud music, amplification devices or "crying/hollering out" or use of other audible methods in excess of the city's applicable noise regulations is prohibited. (4) Signage associated with the mobile food vendor operation shall be only as permitted in accordance with the city's applicable ordinance provisions. (5) Odors associated with a mobile food vendor operation shall be limited so as to not unreasonably disturb the use of adjacent properties. (6) Compliance with all applicable federal, state and county regulations. (7) No vehicle shall be left unattended for a period in excess of one hour. (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-223. Insurance requirements. No license shall be issued in accordance with the article unless the mobile food vendor demonstrates its ability to comply with the following requirements: (1) Each applicant for a mobile food vendor license shall obtain and maintain during the term of the license: a. Motor vehicle insurance in the minimum amounts of $100,000.00 per person and $300,000.00 per accident for bodily injury, and $100,000.00 for property damage, or a combined single limit coverage of at least $300,000.00; b. General comprehensive public liability insurance indemnifying, defending and saving harmless the city, its officers and employees, from any claims by any person or entity for any injury or death caused or alleged to have been caused by the mobile food vendor. The minimum liability coverage shall be $1,000,000.00 per occurrence, and $2,000,000.00 in the aggregate; and, c. Property damage insurance indemnifying, defending, and saving harmless the city, its officers and employees, from any claims by any person or entity for property damage. The minimum liability coverage shall be $1,000,000.00 per occurrence, and $2,000,000.00 in the aggregate. (2) The policy or policies described in subsections (1)b. and c. shall list the city as an additional named insured and shall prohibit cancellation or revocation without a minimum 30 day advance written notice to the city. Certificates of the policy or policies shall extend through the full license period (through December 31) or be immediately renewed so as to avoid any lapse in coverage during the license period. Proof of renewal shall be furnished to the city at least ten days prior to the insurance expiration date. Created: 2022-06-28 16:45:08 [EST] (Supp. No. 49) Page 2 of 3 Page 8 of 12 (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-224. License processing and revocation. (a) Upon receipt of an application for a mobile food vendor license and payment of a nonrefundable application fee established by resolution of the city commission, the city clerk shall grant or deny the license based upon the standards set forth in this article. If approved, the city clerk shall issue the mobile food vendor license upon payment of an annual fee established by resolution of the city commission. The city clerk may deny the issuance of a mobile food vendor license for any of the following reasons: (1) Failure of the applicant to comply with this article or any other provision of this Code. (2) Violations of this article or any other provision of this Code. (3) Prior criminal convictions, other than minor traffic offenses, or prior license revocation, when such criminal conviction or license revocation bears on the ability of the applicant to serve the public as a mobile food vendor in a fair, honest, safe and lawful manner. (4) Misrepresentation of any material fact in the application for the license. (b) If the mobile food vendor license is denied, the city clerk shall make written findings of fact in support of the denial based on the standards described in subsection (a). The applicant may appeal such denial to the city commission by filing a written request for an appeal with the city clerk within five business days following receipt of notification of denial. In the event of an appeal, the city commission shall hold a public hearing on such denial and shall have the power to reverse, affirm or modify the decision of the city clerk. The city commission shall, in its determination, make written findings of fact supporting its decision and such reasons shall be based upon the standards described in this section. The determination of the city commission shall be final. (c) A mobile food vendor license granted pursuant to this article may be revoked by the city clerk for any of the reasons for denial of such license in section 22-224(a). The city clerk shall make written findings of fact in support of any license revocation. (d) A person shall have the right to a hearing before the city commission on any license revocation by the city clerk provided that a written request therefore is filed with the city clerk within five business days after receipt of notice of such revocation. If such written request is filed with the city clerk, the commission shall hold a public hearing on such revocation and shall have the power to reverse, affirm or modify the decision of the city clerk including, without limitation, the application of conditions or operation. The city commission shall, in its determination, make written findings of fact supporting its decision based on the same reasons required to be applied by the city clerk. The determination of the city commission shall be final. (Ord. No. 21-660 , § 3, 4-26-21) Created: 2022-06-28 16:45:08 [EST] (Supp. No. 49) Page 3 of 3 Page 9 of 12  - CODE OF ORDINANCES Chapter 22 - BUSINESSES ARTICLE VIII. [MOBILE FOOD VENDORS] ARTICLE VIII. [MOBILE FOOD VENDORS] Sec. 22-220. Mobile food vendor license requirements. No person shall engage in the business or enterprise of "mobile food vending" or otherwise operate as a mobile food vendor in the city without first obtaining a license from the city clerk as set forth in this article. For purposes of this article, a "mobile food vendor" shall be as defined in section 94-5 of this Code. Commencing on April 26, 2021, all such licenses shall authorize the operation as a mobile food vendor in the city from the date of issuance or the following January 1, whichever is later, until the following December 31. Thereafter, annual licenses shall be issued for the period of January 1 until December 31 (calendar year) and applicants for renewal of a license must submit applications by the preceding December 1. It shall be an express condition of any license issued that the mobile food vendor shall comply with all provisions of this Code. A license issued under the provisions of this article shall not waive the obligation of the mobile food vendor and/or any associated property owner to obtain any zoning, health code, or other approvals required by law. (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-221. Mobile food vendor license application requirements. Every person required to obtain a mobile food vendor license shall make application to the city clerk on forms provided by the city clerk. The application shall contain all pertinent information required under this article as well as such other information as shall be reasonably required by the city from time to time. At a minimum, the information to be submitted shall include the following: (1) A description of the nature of the mobile food operation. (2) Where the mobile food vendor vehicles will be parked at night. (3) A copy of a certificate of insurance or other comparable documentation acceptable to the city which complies with the coverage requirements specified in this article. (4) Identification of the ownership of the applicant, if not a natural person, including the names and addresses and other primary business affiliations of all persons with 25 percent or more ownership interest. (5) Copy of drivers' licenses of any individuals who will be operating a vehicle on public or private streets, drives, alleys or other ways. (6) A certificate of approval from the fire department as well as, to the extent required by law, certificates, approvals or other documentation issued to the mobile food vendor by the Kent County Health Department or State of Michigan. (7) An affidavit of the applicant or its duly authorized officer, certifying, in a form acceptable to the city, the truth and accuracy of the information contained in the application and acknowledging the enforceability of application commitments. (8) In the case of a mobile food vendor with an existing license seeking a renewal, documentation as set forth in this article along with a demonstration that the mobile food vendor has substantially complied with the material terms of the existing license. Walker, Michigan, Code of Ordinances Created: 2022-06-28 16:45:09 [EST] (Supp. No. 49) Page 1 of 3 Page 10 of 12 (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-222. Regulatory requirements. In addition to any zoning, fire code or other legal requirements, a mobile food vendor operating within the city shall comply with the following requirements at all times: (1) The mobile food vendor shall be responsible to contain and properly dispose of all waste generated from the operation of the business. Where associated with the product offered, grease and oils shall be contained and disposed of in the manner provided by law. (2) No flashing, blinking, strobe or similar lights shall be permitted as part of any mobile food vendor operation. (3) Loud music, amplification devices or "crying/hollering out" or use of other audible methods in excess of the city's applicable noise regulations is prohibited. (4) Signage associated with the mobile food vendor operation shall be only as permitted in accordance with the city's applicable ordinance provisions. (5) Odors associated with a mobile food vendor operation shall be limited so as to not unreasonably disturb the use of adjacent properties. (6) Compliance with all applicable federal, state and county regulations. (7) No vehicle shall be left unattended for a period in excess of one hour. (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-223. Insurance requirements. No license shall be issued in accordance with the article unless the mobile food vendor demonstrates its ability to comply with the following requirements: (1) Each applicant for a mobile food vendor license shall obtain and maintain during the term of the license: a. Motor vehicle insurance in the minimum amounts of $100,000.00 per person and $300,000.00 per accident for bodily injury, and $100,000.00 for property damage, or a combined single limit coverage of at least $300,000.00; b. General comprehensive public liability insurance indemnifying, defending and saving harmless the city, its officers and employees, from any claims by any person or entity for any injury or death caused or alleged to have been caused by the mobile food vendor. The minimum liability coverage shall be $1,000,000.00 per occurrence, and $3,000,000.00 $2,000,000.00 in the aggregate; and, c. Property damage insurance indemnifying, defending, and saving harmless the city, its officers and employees, from any claims by any person or entity for property damage. The minimum liability coverage shall be $1,000,000.00 per occurrence, and $3,000,000.00 $2,000,000.00 in the aggregate. (2) The policy or policies described in subsections (1)b. and c. shall list the city as an additional named insured and shall prohibit cancellation or revocation without a minimum 30 day advance written notice to the city. Certificates of the policy or policies shall extend through the full license period (through December 31) or be immediately renewed so as to avoid any lapse in coverage during the license Created: 2022-06-28 16:45:08 [EST] (Supp. No. 49) Page 2 of 3 Page 11 of 12  period. Proof of renewal shall be furnished to the city at least ten days prior to the insurance expiration date. (Ord. No. 21-660 , § 3, 4-26-21) Sec. 22-224. License processing and revocation. (a) Upon receipt of an application for a mobile food vendor license and payment of a nonrefundable application fee established by resolution of the city commission, the city clerk shall grant or deny the license based upon the standards set forth in this article. If approved, the city clerk shall issue the mobile food vendor license upon payment of an annual fee established by resolution of the city commission. The city clerk may deny the issuance of a mobile food vendor license for any of the following reasons: (1) Failure of the applicant to comply with this article or any other provision of this Code. (2) Violations of this article or any other provision of this Code. (3) Prior criminal convictions, other than minor traffic offenses, or prior license revocation, when such criminal conviction or license revocation bears on the ability of the applicant to serve the public as a mobile food vendor in a fair, honest, safe and lawful manner. (4) Misrepresentation of any material fact in the application for the license. (b) If the mobile food vendor license is denied, the city clerk shall make written findings of fact in support of the denial based on the standards described in subsection (a). The applicant may appeal such denial to the city commission by filing a written request for an appeal with the city clerk within five business days following receipt of notification of denial. In the event of an appeal, the city commission shall hold a public hearing on such denial and shall have the power to reverse, affirm or modify the decision of the city clerk. The city commission shall, in its determination, make written findings of fact supporting its decision and such reasons shall be based upon the standards described in this section. The determination of the city commission shall be final. (c) A mobile food vendor license granted pursuant to this article may be revoked by the city clerk for any of the reasons for denial of such license in section 22-224(a). The city clerk shall make written findings of fact in support of any license revocation. (d) A person shall have the right to a hearing before the city commission on any license revocation by the city clerk provided that a written request therefore is filed with the city clerk within five business days after receipt of notice of such revocation. If such written request is filed with the city clerk, the commission shall hold a public hearing on such revocation and shall have the power to reverse, affirm or modify the decision of the city clerk including, without limitation, the application of conditions or operation. The city commission shall, in its determination, make written findings of fact supporting its decision based on the same reasons required to be applied by the city clerk. The determination of the city commission shall be final. (Ord. No. 21-660 , § 3, 4-26-21) Created: 2022-06-28 16:45:08 [EST] (Supp. No. 49) Page 3 of 3 Page 12 of 12