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 |
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.)
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.)
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.)
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.
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.)
No comments were made.
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.)
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.)
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.)
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.)
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
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:
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.
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 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.)
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