April 10, 2000

 

A regular meeting of the City Council was held on Monday, April 10, 2000, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided. 

 

Boy Scout Troop #767 led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Drummond Black, John Coppage, Hollis McKeag, Marty Wazbinski

Councilmen absent:

None

Vacant:

Fourth Ward

 

Minutes

Approval of the minutes of the March 20, 2000 regular and March 27, 2000 special meetings was offered by Councilman Coppage and seconded by Councilman McKeag.  (Motion adopted.)

 

Zoning Petition No. 454

James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 454 – zoning property on the west side of Vance Road north of Isabella Street to Residential A-1.  A public hearing opened at 7:06 p.m., no comments were made, the hearing closed at 7:07 p.m.   The following ordinance amending the zoning ordinance was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

ORDINANCE NO. 1474

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 MAP TO PROVIDE A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as:  Beginning 264 feet North of the East 1/4 corner of Section 13, T14N, R1E, Midland County, Michigan; thence West 660 feet, South 264 feet, West 673.6 feet, North 680 feet, East 1019.6 feet, South 185 feet, East 314 feet, South 231 feet to the Place of Beginning, and

That property described as:  Beginning 1089 feet South of the East 1/4 corner of Section 13, T14N, R1E, Midland County, Michigan; thence West 330 feet, North 34 feet, West 53 feet, Southeast 166 feet, East 368.5 feet, North 132 feet to the Place of Beginning,

be, and the same is hereby changed to a Residential A-1 District.

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 adopted.)

 

Zoning Text Amendment No. 138A

James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Text Amendment No. 138A – amending Article II – Construction of Language and Definitions, Section 2.1 (22) Family.  A public hearing opened at 7:18 p.m.  John Rapanos, 1012 W. Sugnet, opposed the ordinance amendment.  The hearing closed at 7:20 p.m.  The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

ORDINANCE NO. 1475

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 BY AMENDING ARTICLE II—CONSTRUCTION OF LANGUAGE AND DEFINITIONS, SECTION 2.1, DEFINITIONS, (22) FAMILY.

The City of Midland Ordains:

Section 1.  That ARTICLE II—CONSTRUCTION OF LANGUAGE AND DEFINITIONS, Section 2.1, DEFINITIONS, (22) FAMILY, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

ARTICLE II--CONSTRUCTION OF LANGUAGE AND DEFINITIONS

Section 2.1  DEFINITIONS

(22)   FAMILY:  A family is defined as:

(a)  Up to four (4) unrelated persons residing in a dwelling unit, with no roomers or boarders allowed.

(b)  Two (2) or more persons residing in a dwelling unit, related by blood or marriage, and consisting of husband, wife, son, daughter, father, mother, brother, sister, grandfather, grandmother, grandson, granddaughter, aunt, uncle, niece, nephew, stepchildren, legally adopted children, foster children and legal wards, or any combination thereof.

(c)    A collective number of individuals living together in a dwelling unit whose relationship must be of a regular and permanent nature and having a distinct domestic character or a demonstrable and recognizable bond characteristic of a cohesive unit.  This relationship does not include any society, club, fraternity, sorority, association, lodge, federation, group, coterie, or organization, nor does it include a group of individuals whose association is temporary or seasonal in character or nature or for the limited duration of their education, nor does it include a group whose sharing of a dwelling unit is not to function as a family, but merely for convenience and economics.

One professional caregiver, such as a nurse, nanny, physical therapist, etc., caring for any person residing in the dwelling, may also reside in the dwelling.

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 adopted.)

 

Disturbing the Peace Complaints and Practices

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that Council agrees that stronger practices are appropriate when disturbing the peace complaints are received by the Midland City Police Department and encourages the City Attorney and City Manager to find ways to implement stronger enforcement practices.  (Motion adopted.)

 

 

 


Solicitation for Public Comments to Further Amend Definition of Family (Ord. 1475)

Council directed city staff to publish a notice of public hearing to be held on April 24, 2000, at 7:00 p.m. for the purpose of soliciting additional comments on the advisability of further amending the definition of family as now found in Zoning Ordinance #1475, to limit the definition of family to no more than two unrelated individuals.

 

Liquor License  -  Show Cause Hearing for Silver Dollar Saloon

Jack Duso, Assistant City Manager, presented material on a show cause hearing for the Silver Dollar Saloon.  A public hearing opened at 7:50 p.m., no comments were made, the hearing closed at 7:51 p.m.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, on March 13, 2000 the City Manager submitted his annual report on liquor licenses in accord with the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, in said report the City Manager recommended that the Class C liquor license held by Mr. Daniel Brisson for the Silver Dollar Saloon not be renewed or revoked as a result of non compliance with Section 5.4(h) of the Policy; and

WHEREAS, on March 13, 2000 the City Council adopted a resolution that directed the City Manager to schedule a show cause hearing at the April 10, 2000 City Council meeting in accord with the Policy; and

WHEREAS, Mr. Brisson was notified in accord with the Policy and an additional attempt to contact Mr. Brisson was made by the Police Department; and

WHEREAS, since March 13, 2000 the local representative of the Liquor Control Commission (LCC) has notified the City of Midland that Mr. Brisson’s insurance has been cancelled causing an automatic suspension of the Silver Dollar Saloon license by the LCC; and

WHEREAS, the City of Midland has been notified by the LCC that this license has been placed in escrow; now therefore

RESOLVED, that after considering the attached Findings of Fact in the matter of the Class C Liquor License held by Brisson, L.L.C., D/B/A Silver Dollar Saloon, the City Council hereby defers the show cause hearing until such time as said liquor license is removed from escrow by Mr. Brisson at which time the City Manager is directed to schedule the show cause hearing; and

RESOLVED FURTHER, that upon City Council and LCC approval of the transfer of ownership of said license, this matter shall be considered closed with no further action being necessary; and

RESOLVED FURTHER, that the City Clerk is hereby directed to forward a certified copy of this resolution to the State Liquor Control Commission.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Cable Access Advisory Commission

Jack Duso, Assistant City Manager, presented material on a second reading of the Cable Access Advisory Commission.  Margaret Clark, 1082 Eastman Avenue, speaking on behalf of the MCTV volunteers, read a letter supporting the ordinance and recommended Council consider appointing three (3) registered MCTV volunteers and two (2) citizen at large members to the Cable Access Advisory Commission.  Marilyn Brown, 1801 Norwood Drive, supported the proposed ordinance.  In answer to a question asked by Councilman Coppage regarding policy agenda, Vivian Levier, 5600 Sturgeon Creek Parkway, stated that an advisory commission could have offered assistance when the decision was made to add an additional channel.  Mrs. Levier also stated she felt the advisory commission should meet four times a year.  The following ordinance establishing the Cable Access Advisory Commission was then offered by Councilman Wazbinski and supported by Councilman McKeag:

 

 


ORDINANCE NO. 1476

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING NEW SECTIONS, WHICH NEW SECTIONS SHALL BE DESIGNATED AS SECTION 15-134, 15-135, 15-136, 15-137, 15-138 AND 15-139 OF ARTICLE IV, DIVISION 2 OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1.                     Chapter 15 of the Code of Ordinances of the City of Midland is hereby amended by adding Sections 15-134 through 15-139 to Division 2, Article IV of said chapter to read as follows:

Sec. 15-134.   Created.

       There is hereby established an advisory body to the City Council to be known as the Cable Access Advisory Commission, hereinafter to be known as the “Commission,” which shall act solely in an advisory capacity to the City Council with regard to all aspects of public access cable service in the City of Midland.

Sec. 15-135.   Membership.

                        Membership of the Commission shall consist of seven (7) voting members appointed by the City Council.  Two (2) members shall be current registered MCTV volunteers, one (1) member shall be a school representative as designated by the Midland Public Schools, three (3) members shall be citizens at large and must be a current cable television subscriber, and it is preferred that one (1) member be a media professional.  Each member shall be a resident of the City.  The person from the administrative staff of the City who has been designated by the City Manager as the MCTV Coordinator shall be an ex officio member of the Commission but without the right to vote.

Sec. 15-136.   Term of Members.

                        Each member of the Commission shall be appointed for a term of three (3) years commencing on July 1 except that the members first appointed shall begin their terms immediately with three (3) of said members being appointed for terms ending June 30, 2003, two (2) of said members being appointed for terms ending June 30, 2002, and two members being appointed for terms ending June 30, 2001.

Sec. 15-137.   Internal Administration.

                        The Commission shall select one of its voting members as chair and shall designate the ex-officio member as secretary.  The Commission may adopt such rules as it deems necessary for the transaction of its business.  Any decision of the Commission shall require the concurrence of four (4) members.  The Commission shall meet as often as necessary with at least one meeting each calendar quarter and all of its meetings shall be open to the public.

Sec. 15-138.   Specific Duties.

The Commission shall have the following specific duties:

a)      Advise the City Council regarding general policy matters related to the services provided to public access producers and viewers pursuant to the Code of Ordinances of the City of Midland.

b)      Encourage the use of public access channels among the widest range of institutions, groups, and individuals within the City of Midland.

c)      Make an annual report to the City which shall include, but not be limited to, a summary report on the utilization of any public access channels and a summary report of the Commission’s deliberations throughout the year.

d)      Request comments and encourage suggestions from the public regarding public access channels.

e)      Perform such other functions as the City Council may direct.

Sec. 15-139.   Finances.

       The Commission shall not have the power to expend public funds but may make recommendations to the City Council for budget purposes.

Section 2.        This ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Proposed 2000/01 Budget Presentation

Robert Fisher, Director of Fiscal Services, and Jack Duso, Assistant City Manager, presented the City Manager’s proposed budget for the 2000-01 fiscal year.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2000-01 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 2000-01 budget shall be conducted on Monday, April 24, 2000 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 2000-01 budget shall be conducted on Monday, May 8, 2000 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2000-01 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 1999-2000 budget and the 2000-01 proposed budget.  (Motion adopted.)

 

Modification to Revolving Loan Fund Guidelines

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the Revolving Loan Fund Guidelines, to be administered by the Midland Economic Development Council, are hereby amended to change the number of members from seven (7) to three (3); and to change the interest rate to 80 – 100 percent of the prime rate.  (Motion adopted.)

 

Revolving Loan Fund Review Board – Appointment of Members

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the Revolving Fund Guidelines require City Council approval of the membership of the Revolving Loan Fund Review Board; now therefore

RESOLVED, that the City Council hereby approves Gwen Lang, Jim Kevra, and Leona Falkenstein as members of the Revolving Loan Fund Review Board.  (Motion adopted.)

 


Beautification Advisory Committee Poster Exhibit at Midland Mall

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the City Council hereby agrees to enter into an agreement with the Midland Mall Marketing Fund, Inc., and agrees to a set of rules and regulations for exhibitors for a Beautification Advisory Committee Poster Exhibit at the Midland Mall from May 31 - June 8, 2000; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to sign the said AGREEMENT and the RULES AND REGULATIONS FOR EXHIBITORS, on behalf of the City of Midland; and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff, if exhibits are conducted in substantially the same manner.  (Motion adopted.)

 

Annexation – Joseph Drive from Larkin Township

James Schroeder, Director of Planning and Community Development, presented information on annexation of property from Larkin Township through the joint resolution process.  The following resolution was then offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

A part of Section 34, T15N, R2W, Midland County, Michigan, described as:  Commencing at the Southwest corner of said Section 34, thence North 00°30’49” West, 1318.01 feet along the West Section line to the South 1/8 line and the Point of Beginning; thence along said Section line North 00°30’49” West, 659.80 feet, to the South line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section; thence along said South line, North 89°56’01” East, 2652.33 feet, to the North and South 1/4 line; thence along said 1/4 line, South 00°37’19” West, 658.79 feet, to the South 1/8 line; thence along said 1/8 line, South 89°54’40” West, 2648.52 feet, to the West Section line and the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Larkin by property owners that are the subject of the petitions and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioners, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin.  (Motion adopted.)

 

Ordinance No. 1466 – Legal Description Correction

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the legal description for property cited in Ordinance No. 1466, is hereby corrected to read as follows:

The Southeasterly 25 feet of Lots 4 and 5, Block 35, Carpenter and Hines Addition to the City of Midland.  

(Motion adopted.)

 

Request to Change Street Name – Bradley Road to Bradley Court

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the request submitted on March 16, 2000, for a street name change from Bradley Road to Bradley Court, within the plats of Hillcrest Subdivision and Hillside Subdivision, is received by the City Council and referred to the Planning Commission for consideration and recommendation, in accord with Section 22-59 of the Code of Ordinances.  (Motion adopted.)

 

Request to Change Street Name – Wyllys Court (East & West)

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the proposed street name changes of Wyllys Street east of Dawn Drive to East Wyllys Court, within the plat of Andrews Subdivision, and Wyllys Court west of Dartmouth Drive, within the plat of Ronan’s Addition, to West Wyllys Court, are received by the City Council and referred to the Planning Commission for consideration and recommendation, in accord with Section 22-59 of the Code of Ordinances.  (Motion adopted.)

 

Traffic Control Order D-00-01

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. D-00-01 filed February 3, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the traffic signal at the intersection of Jefferson Avenue and Joe Mann Boulevard shall operate on full color from 8:15 a.m. to 10:00 p.m., and on four way flash from 10:00 p.m. to 8:15 a.m. daily.

is hereby made permanent.  (Motion adopted.)

 

Saginaw/Midland Municipal Water Supply Corporation 1999 Annual Report

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 1999 Annual Report, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Sag/Midland Municipal Water Supply – Capital Improvement & Emergency Repair Budget

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2000-2001 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $50,000 is approved by the Midland City Council.  (Motion adopted.)

 

Sanitary Sewer System Improvements – Value Engineering Consultant Contract

Brian McManus, City Engineer, presented information on bids taken for a Value Engineering Consultant for the sanitary sewer system improvements.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for professional engineering services; and

WHEREAS, funding for this expenditure is available in the working capital account of the Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Rama Rao & Alfred, Inc. of Detroit, Michigan, for “Bid No. 2362 – Value Engineering Consultant”, in the indicated amount of $99,880.00 is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

2000 Pavement Crack Sealing Program; Contract No. 12

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the sealing of cracks on various sections of major streets; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Highway Maintenance & Construction, Inc. of Romulus, Michigan, for the "2000 Pavement Crack Sealing Program; Contract No. 15", in the indicated amount of $32,171.60, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

2000 Love & Sugnet Water Main  Replacement; Contract No. 12

Brian McManus, City Engineer, presented information on the 2000 Love and Sugnet Streets Water Main Replacement Contract.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the replacement of the water mains on Love Street from Washington to Kentwood and on Sugnet Road from Eastman to Hillcrest; and

WHEREAS, funding for this project is provided by the Water Fund (Project Number WD0004); now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2000 Love & Sugnet Water Main Replacement; Contract No. 12", in the indicated amount of $228,657.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

MDOT Contract No. 00-5102 – Reconstruction of North Saginaw Road

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, a proposed Contract No. 00-5102 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of North Saginaw Road from Drake Street to Eastman Avenue; and

WHEREAS, the total estimated cost of the project is $777,930 and that $375,000 will be paid from a federal Transportation Efficiency Act for the 21st Century grant and that the remaining cost of $402,930 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said road reconstructed;  now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 00-5102 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 


Liquid Chlorine Contract – Water & Wastewater Plants

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the City of Midland approves the low bid proposal of $375.00 per ton of liquid chlorine to Alexander Chemical Corporation, of Lisle, Illinois to be the exclusive supplier of chlorine to the City of Midland Water Treatment Plant and Wastewater Treatment Plant for fiscal year 2001.  (Motion adopted.)

 

Rental of Two Scrapers with Operators for Landfill

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, sealed bids for Landfill Scraper Rental with Operator, Bid No. 2357, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has reported sufficient funds are available in account number 517-9120-912.97-15 Land Improvements; now therefore

RESOLVED, that the low qualifying bid proposal submitted by Johnston Contracting of Midland, Michigan in the amount of $138 per regular work hour and $148.40 per overtime work hour with a total contract amount of $123,936 is hereby accepted and a purchase order is authorized.  (Motion adopted.)

 

Labor Rally – United Steel Workers of America District 2

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the request from the United Steelworkers of America District 2 to hold a Labor Rally using amplified sound on Thursday, April 13, 2000, from 6:30 p.m. – 9:00 p.m., beginning in the city-owned parking lot near City Hall and moving to the sidewalk area around the Mackinac Center is hereby approved subject to the following conditions:

(Motion adopted.)

 

Tri-City Libertarian Party Demonstration

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the request of the Tri City Libertarian Party to have amplified sound during a demonstration in front of the Midland Post Office on Saturday, April 15 and Monday, April 17, 2000, from 1:30 p.m. – 3:00 p.m. is hereby approved.  (Motion adopted.)

 

Community Appreciation Day

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the Celebrate Midland Committee submitted a request to conduct a Community Appreciation Day, known as Celebrate Midland, on Monday, September 4, 2000, in the Tridge area and in Chippewassee Park; and

WHEREAS, in addition to seeking conceptual approval of the event and use of the area, the Committee is specifically requesting use of the parking facilities in the general area of the Tridge as well as parking at Emerson Park, City Hall and the first level of the Larkin Parking Ramp from which shuttle services will operate, permission for skydivers to land at the event, permission to operate a laser show, use of the City’s portable stage, permission to have amplified music and set up and logistics support from the Parks and Recreation Department; now therefore

RESOLVED, that the request from the Celebrate Midland Committee to conduct a Community Appreciation Day, known as Celebrate Midland, on Monday, September 4, 2000, in the Tridge area and in Chippewassee Park is hereby approved subject to the following conditions:

Contact Sandy Marshall, Assistant City Clerk/Treasurer, at 837-3319, to coordinate notification to permit holders regarding use of the first level of the Larkin Parking Ramp.

; and

RESOLVED FURTHER, that the Administrative Staff is authorized to approve future requests if conducted in substantially the same manner.  (Motion adopted.)

 

Chili Taste-Off

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that the request from the Midland Downtown Business Association to conduct a Chili Taste-Off on Saturday, September 23, 2000, from 12:00 noon – 2:00 p.m. on the sidewalks along Main Street is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner.  (Motion adopted.)

 

2000 Sidewalk Improvement Program

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

            Colorado Court (north side)        Walsh Street to end of court

            Eastman Avenue (east side)       Old Calvary Cemetery to Sugnet Road

            Eastman Avenue (west side)      E-W ¼ Line to Letts Road

            Hedgewood Drive (west side)     Universal Drive to north end of road

            Illinois Drive (east side)               Gettysburg Street to south line Stratford Estates

            St. Andrews Road (west side)    Sugnet Road to Plymouth Park

            Sturgeon Avenue (east side)       Saginaw Road north to end of existing sidewalk

            Sturgeon Avenue (west side)      Wackerly Street south to end of existing sidewalk

            Vance Road (east side)              Isabella Street to Cedar Street

            Waldo Avenue (west side)          Bay City Road to Yale Avenue

            Wheeler Street (south side)        Foster Road to Congress Drive

            Wildes Street (west side)            Isabella Street to Cedar Street

;and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the “2000 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

COLORADO COURT (north side)  Walsh Street to end of court

Lot 79 and that part of Lot 80 described as beginning at the Southeast corner of said Lot 80; thence West 25 feet; thence North 98.99 feet; thence East 7.23 feet; thence North 25 feet; thence East 17.77 feet; thence South 123.91 feet, to the Point of Beginning.

EASTMAN AVENUE (east side)      Old Calvary Cemetery to Sugnet Road

Beginning at the West ¼ Corner of Section 9, T. 14 N., R. 2 E., City of Midland, Michigan; thence South, along the West Section Line, to a point 451 feet South of the South 1/8 Line; thence East 200 feet; thence North, parallel to the West Section Line, to the East-West ¼ Line; thence West 200 feet, along the East-West 1/4 Line, to the Point of Beginning.

EASTMAN AVENUE (west side)          E-W ¼ Line to Letts Road

Beginning at the East ¼ Corner of Section 32, T. 15 N., R. 2 E., City of Midland, Michigan; thence North along the East Section Line, to the North 1/8 Line; thence West 200 feet, along the North 1/8 Line; thence South, parallel to the East Section Line, to the East-West ¼ Line; thence East 200 feet, along the East-West ¼ Line, to the Point of Beginning.

HEDGEWOOD DRIVE (west side)     Universal Drive to north end of road

Beginning 1329.11 feet West of the Northeast Corner of the Southwest ¼ of Section 6, T. 14 N., R. 2 E., City of Midland, Michigan; thence South 312 feet; thence West 470 feet; thence North 312 feet; thence East 470 feet, to the Point of Beginning.

ILLINOIS DRIVE (east side)                 Gettysburg Street to south line Statford Estates

Lots 19 and 20 and the walkway lying South of said lots in Lincoln Manor of Midland Subdivision No. 2.

ST. ANDREWS ROAD (west side)     Sugnet Road to Plymouth Park

Beginning at the intersection of the North line of the Southwest ¼ of the Southeast ¼ of the Northeast ¼ of Section 10, T. 14 N., R. 2 E., City of Midland, Michigan, with the Westerly Right of Way line of St. Andrews Road; thence South along the Westerly Right of Way line of St. Andrews Road, to the Northerly Right of Way line of Sugnet Road; thence Northwesterly 200 feet, along the Northerly Right of Way line of Sugnet Road; thence Northerly, parallel to and 200 feet Westerly from the Westerly Right of Way line of St. Andrews Road, to the North line of the Southwest ¼ of the Southeast ¼ of the Northeast ¼; thence East 200 feet, to the Point of Beginning.

STURGEON AVENUE (east side)       Saginaw Road north to end of existing sidewalk

Beginning at the Southwest corner of the Muma Plat No. 1 in Section 5, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 247.5 feet; thence West 254 feet; thence Southeasterly 258.67 feet, along the Easterly Right of Way line of Sturgeon Avenue; thence East 179 feet, along the Northerly Right of Way line of Saginaw Road, to the Point of Beginning; ALSO; Lots 29, 33, 34, 37 and 38 of Marden’s Plat; ALSO; Beginning 20 Rods East of the Northwest Corner of the Southwest ¼ of the Southwest ¼ of Section 5; thence West 20 Rods; thence South 168 feet; thence East 16 Rods; thence Northeasterly to the Point of Beginning; ALSO; Lots 1, 2, 3, 4, 5 and 94 of Green Meadows Subdivision; ALSO; Beginning at the West ¼ Corner of said Section 5; thence South 656.14 feet, along the West Section Line; thence East 148.5 feet; thence North 326.29 feet; thence East 115.5 feet; thence North 330 feet; thence West 264 feet, along the East-West ¼ Line, to the Point of Beginning.

STURGEON AVENUE (west side)  Wackerly Street south to end of existing sidewalk

Beginning at the Northeast Corner of Section 6, T. 14 N., R. 2 E., City of Midland, Michigan;  thence South 210 feet, along the East section line;  thence West 200 feet; thence North 210 feet; thence East 200 feet, along the North section line, to the Point of Beginning.

VANCE ROAD (east side)                   Isabella Street to Cedar Street

Beginning at the intersection of the West line of Section 18, T. 14 N., R. 2 E., City of Midland, Michigan, with the South line of Glasgow Subdivision No. 1; thence South 203.02 feet, along the West Section Line; thence East 193 feet; thence North 203.02 feet; thence West 193 feet, along the South line of Glasgow Subdivision No. 1, to the Point of Beginning.

WALDO AVENUE (west side)             Bay City Road to Yale Avenue

Lot 46 and the Easterly 120 feet of Lots 24, 47, 48, 49 and 50 of the Plat of Melrose in Section 23, T. 14 N., R. 2 E., City of Midland, Michigan.

WHEELER STREET (south side)       Foster Road to Congress Drive

Beginning at the North ¼ Corner of Section 11, T. 14 N., R. 2 E., City of Midland, Michigan; thence East 429 feet, along the North Section Line; thence South 214.5 feet; thence West 429 feet; thence North 214.5 feet, to the Point of Beginning; ALSO; Lot 163 of Whitewood Subdivision No. 10 in Section 11, T. 14 N., R. 2 E., City of Midland, Michigan.

WILDES STREET (west side)             Isabella Street to Cedar Street

Lots 1, 9, 10, 23, 24, 25 and 26 of Cones Subdivision in Section 18, T. 14 N., R. 2 E., City of Midland, Michigan.

;and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is ninety-two thousand five hundred fifty-nine dollars ($92,559); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be thirty-seven thousand eighty-three dollars ($37,083) and that all other costs and expenses of said improvement amounting to fifty-five thousand four hundred seventy-six dollars ($55,476) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 15, 2000 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

State Revolving Fund Loans Application – Overflow Storage Basin

Noel Bush, Director of Utilities, presented information regarding a public hearing that is set for May 15, 2000, to hear comments on the proposed application to obtain State Revolving Loan Funds for the financing of an Overflow Storage Basin.  In accordance with State of Michigan guidelines, a public hearing must be held on the Project Plan.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, May 15, 2000, in the Council Chambers of City Hall to receive public comments on the Preliminary Project Plan for the construction of an Overflow Storage Basin and to obtain State Revolving Funds for the financing of public improvements.  (Motion adopted.)

 

Proposed Amendment to 1999-2000 Budgets and Financial Working Plans

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., April 24, 2000, in the Council Chambers of City Hall on the proposal to amend certain 1999-2000 City budgets and financial working plans as follows:

 

 

FUND

 

REVENUE

Increase (Decrease)

 

EXPENDITURE

Increase (Decrease)

General Fund

$  812,700

$  (1,827,600)

Major Street Maintenance Fund

374,900

(205,200)

Local Street Maintenance Fund

114,800

(25,700)

Library

(134,800)

(134,800)

Cable Communications Fund

54,300

(12,400)

Sanitary Landfill Fund

(87,100)

(239,500)

Washington Woods Fund

(43,600)

(87,500)

Riverside Place Fund

5,100

(31,400)

Golf Course Fund

35,500

(14,600)

Parking Fund

(3,800)

15,400

Transportation Fund

45,800

36,800

Wastewater Fund

52,700

32,100

Water Fund

23,500

(113,100)

Storm Water Management Fund

(3,200)

(3,200)

Data Processing – Operations Fund

6,800

(347,400)

Data Processing – PC Rental Fund

3,800

(19,500)

Equipment Revolving Fund

(258,700)

(111,700)

Service Center Rental Fund

5,000

200

(Motion adopted.)

 

Proposed 1999-2000 Transportation Fund (DART) Financial Working Plan Amendment

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., April 24, 2000, in the Council Chambers of City Hall on the proposal to amend the 1999-2000 Financial Working Plan of the Transportation (Dial-A-Ride) Fund to increase revenues from Michigan Department of Transportation capital grants by $444,070 and increase appropriations for capital outlay by $444,070.  (Motion adopted.)

 


Proposed 1999-2000 DDA Budget Amendment

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., April 24, 2000, in the Council Chambers of City Hall on the proposal to amend the 1999-2000 Budget of the Downtown Development Authority Fund to increase revenues from outside contributions by $90,000 and increase appropriations for capital outlay by $90,000.  (Motion adopted.)

 

Proposed 1999-2000 Budget Amendment for Various Capital Projects

The following resolution was offered by Councilman Coppage and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., April 24, 2000, in the Council Chambers of City Hall on the proposal to amend the 1999-2000 Budgets of the Major Street Maintenance Fund and the Local Street Maintenance Fund and the financial working plan of the Wastewater Fund to recognize unanticipated revenues from construction refunds and provide additional appropriations for transfers to the capital projects funds as follows:

 

Fund

Increase to Revenue From

Construction Refunds

Increase to Expenditures

For Outgoing Transfers

Major Street Maintenance

$  10,500

$  10,500

Local Street Maintenance

    26,200

    26,200

Wastewater Fund

    52,400

    52,400

(Motion adopted.)

 

Being no further business the meeting adjourned at 9:22 p.m.

 

 

            __________________________________________

                                                                      Penny K. Kovacevich, City Clerk