May 15, 2000

 

A regular meeting of the City Council was held on Monday, May 15, 2000, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Drummond Black, Hollis McKeag, Marty Wazbinski

Councilmen absent:

John Coppage (excused)

Vacant:

Fourth Ward

 

Minutes

Approval of the minutes of the May 8, 2000 special and regular meeting was offered by Councilman Wazbinski and seconded by Councilman McKeag.  (Motion adopted.)

 

2000 Make Midland Beautiful Poster Contest

Mark Ostgarden, City Planner, introduced Stephanie Box, Contest Chair for posters created by Midland Public School children for the Make Midland Beautiful Program.  Ms. Box and Mayor Black recognized the winners of the poster contest.

 

Dr. Arthur Frock, MPS Superintendent - Retirement

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing Midland Public School Superintendent Dr. Arthur C. Frock upon his retirement.  (Motion adopted.)

 

Saginaw/Midland Municipal Water Supply Corp. Financial Statements & Auditor’s Report

Noel Bush, Director of Utilities, introduced Gary Peters, P.E., Manager of the Saginaw/Midland Municipal Water Supply Corporation.  Mr. Peters presented an update on the Financial Statements and Auditor’s Report for the Saginaw/Midland Municipal Water Supply Corporation.

 

Safe Boating Week

Jill Liberto, Assistant Communications Coordinator, introduced Lt. Diana Zielinski, Safety Officer and Morley Strauch, Post Commander of the Saginaw Bay Power Squadron.  Lt. Zielinski and Mr. Strauch appeared to promote the “Boat Smart from the Start, Wear Your Life Jacket” program presented by the Saginaw Bay Power Squadron.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of May 20 - 26, 2000, as SAFE BOATING WEEK in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Lt. Zielinski.

 

Midland Blooms Day in Midland

Jill Liberto, Assistant Communications Coordinator, introduced Duane Marsh, President of the Midland Chamber of Commerce.  Mr. Marsh requested Council proclaim May 20, 2000, as Midland Blooms Day in Midland.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 20, 2000 as Midland Blooms Day in Midland.  (Motion adopted.)  Mayor Black presented the proclamation to Mr. Marsh.

 

2000 Sidewalk Improvement Program

Brian McManus, City Engineer, presented material on the proposed 2000 Sidewalk Program.  A public hearing was opened at 7:44 p.m. on the following sidewalks:

Colorado Court – No comments were made.

Eastman Avenue (east side) – Thomas and Jennifer Zantow, 2310 Eastman Avenue, opposed the placement of sidewalk on the east side of Eastman Avenue.  Daniel Walburn, 1502 Clover Lane, petitioner of the sidewalk, and Charles Hepenstal, 1317 North Parkway, spoke in support of the proposed sidewalk.  The intended walk would pass through the Midland Calvary Cemetery, Mayor Black requested that staff present additional information on the placement of the proposed sidewalk by the cemetery and Country Club along Eastman Avenue.

Eastman Avenue (west side) – No comments were made.

Hedgewood Drive (west side) – Wilson Coomer, Commander of the American Legion, William Metcalf and Lloyd Townsend, also representing the American Legion, opposed the placement of sidewalk in front of the American Legion because of the added expense.

Illinois Drive (east side) – No comments were made.

St. Andrews Road (west side) – No comments were made.

Sturgeon Avenue (east side) – No comments were made.

Sturgeon Avenue (west side) – Joseph Braun, 6211 Sturgeon Avenue, spoke in opposition to placement of sidewalk on Sturgeon Avenue (west side).

Vance Road (east side) – George Lyons, 3306 Isabella Street, stated he had no objections to placing sidewalk on Vance Road.  Kristine Keyes, speaking on behalf of Janet Reese, 3401 Cedar, was concerned about the lack of sidewalk ramps.

Wildes Street (west side) – George Lyons, 3306 Isabella Street, opposed the placement of sidewalk, but requested that curb cuts be made at every sidewalk intersection in the subdivision. 

Waldo Avenue (west side) – William Bye, 807 Waldo, opposed sidewalk placement on Waldo Avenue because of possible development in that area.

Wheeler Street (south side) – No comments were made.

The hearing closed at 8:40 p.m. 

The following resolution was then offered by Councilman McKeag and seconded by Councilman Wazbinski:

 

RESOLVED, that on Monday, May 15, 2000, a public hearing of necessity was held  on  the 2000 Sidewalk Improvement Program; and

RESOLVED FURTHER, that action on the necessity for the 2000 Sidewalk Improvement Program is hereby postponed until June 12, 2000, at 7:00 p.m.  (Motion adopted.)

 

State Revolving Fund Application for Overflow Storage Basin

Noel Bush, Director of Utilities, presented information on an application to obtain State Revolving Loan Funds for the financing of an Overflow Storage Basin.  Steve Ferns, P.E. and Curt Christeson, P. E. from Hubbell, Roth and Clark, presented an overview on the construction of a 43.5 million gallon overflow basin.  The purpose of the public hearing is to solicit comments from the public on the project plan.  A hearing opened at 9:02 p.m.  William Fagley, 2700 Glendale, from the Sensible Sewer Technical Committee, read a letter endorsing the overflow project and urged the City to proceed with the application for the SRF loan and avoid any $1,000 per day penalties.  The hearing closed at 9:10 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Wazbinski:

 

WHEREAS, in accord with Section 5.11 of the Charter of the City of Midland, a public hearing was conducted at 7:00 p.m. on Monday, May 15, 2000, in the Council Chambers of City Hall and received public comments on the Preliminary Project Plan for the construction of an Overflow Storage Basin to be financed by State Revolving Funds; now therefore

RESOLVED, that the City Manager is hereby directed to prepare a transcript of the hearing to be included with the SRF application; and

RESOLVED FURTHER, that the public record shall remain open through May 30, 2000 for written comments to be submitted to the City Clerk's office; and

RESOLVED FURTHER, that the City Manager is directed to schedule the approval of the SRF application at the regular City Council meeting on June 12, 2000.  (Motion adopted.)

 

Zoning Petition No. 455

James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Petition No. 455.  A public hearing was opened at 9:15 p.m., no comments were made, the hearing closed at 9:16 p.m.  The following ordinance was then offered by Council McKeag and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1477

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 AN OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE OFFICE-SERVICE 1 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:  Part of the Northwest ¼ of Section 13, T14N, R2E, City of Midland, Midland County, Michigan, described as beginning at a point which is the Northwest corner of Lot 153 of Harris Park Subdivision, as recorded in Liber D of Plats on Pages 39 and 40 of the Midland County Records, said point being South 00° 46’ 16” East, 561.00 feet along the West Section line, also being the West plat line of said Harris Park Subdivision from the Northwest corner of said Section 13; thence South 00° 46’ 16” East, 1000.00 feet along the West Section line, also being said West plat line of Harris Park Subdivision; thence North 88° 39’ 00” East, 539.59 feet; thence North 43° 39’ 00” East, 114.64 feet; thence North 00° 40’ 42” West, 918.95 feet; thence South 88° 39’ 00” West, 621.32 feet, along in part the North line of Lot 153 of said Harris Park Subdivision to the Point of Beginning,

     be, and the same is hereby changed to an Office-Service 2 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.)

 

Show Cause Hearing – Abatement of Dangerous Building at 309 E. Grove Street

Daniel Hargarten, Fire Chief, presented information on a Show Cause Hearing for a dangerous building located at 309 E. Grove Street.  The Show Cause Hearing opened at 9:25 p.m., no comments were made, the hearing closed at 9:26 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Wazbinski:

 

WHEREAS, a vacant building located at 309 E. Grove Street, Midland, Michigan, has been deemed dangerous and unsafe as defined in Chapter 5 BUILDINGS AND BUILDING REGULATIONS, of the Code of Ordinances of the City of Midland, specifically Section 5-26, by the Chief Building Official who issued a notice and order directed to the owner of record of the building stating the defects thereof; and

WHEREAS, the owner of record failed to comply with the requirements set forth in said notice and order within the time limit established in the notice; and

WHEREAS, upon the recommendation of the Fire Chief the City Council appointed Mr. William Phillips as a Hearings Officer on February 14, 2000 for the purpose of conducting a public hearing in order for the owner to show cause why the notice and order should not be complied with or the building at 309 E. Grove Street, Midland, Michigan, should not be demolished or otherwise made safe; and

WHEREAS, following proper notice to the owner of record, a public hearing was held on March 21, 2000 at which time the owner of record was present and provided information to the Hearings Officer; and

WHEREAS, on March 22, 2000 the Hearings Officer issued his Findings of Fact and Order which was delivered by certified mail, return receipt request, as prescribed in Section 5-26 of the Code of Ordinances of the City of Midland, to owner of said property; and

WHEREAS, the time period stated in the Findings of Fact and Order requiring the owner’s compliance in abating this dangerous and unsafe building by repair or demolition has expired, and no action has occurred; and

WHEREAS, in accord with Sec. 5-26(h)(6)(a) of the Code of Ordinances, if the owner of record fails to appear or neglects or refuses to comply with the order the Hearings Officer shall file a report of his findings and a copy of his order with the City Council and request that the necessary action be taken to demolish or otherwise make safe the building or structure; and

WHEREAS, in accord with Sec. 5-26(h)(6)(b) of the Code of Ordinances the City Council received the Findings of Fact and Order on May 8, 2000 and set a public hearing on May 15, 2000 for the purpose of providing the owner of record an opportunity to show cause why the building at 309 E. Grove Street should not be demolished or otherwise made safe; now therefore

RESOLVED, that in accord with Sec. 5-26(h)(6)(b) of the Code of Ordinances, the City Council hereby approves the March 22, 2000 Finding of Fact and Order regarding the building located at 309 E. Grove Street; and

RESOLVED FURTHER, that the City Administration is hereby authorized and directed to execute said Finding of Fact and Order twenty-two days following the adoption of this resolution in accord with the provisions of Sec. 5-26(h)(6).  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

“Theis Park” Ordinance

James Branson, City Attorney, presented information on an ordinance that would establish the property known as “Theis Park” as a City Park.  The following ordinance was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

ORDINANCE NO. 1478

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 17-81 OF ARTICLE II OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.        Section 17-82 is hereby added to Article II to read as follows:

       Section 17-82.  Theis Park established.

            The following described area is hereby established as Theis Park:

Hillside Park lying within the recorded Plat of Hillside, part of the Southwest ¼ of Section 15, Township 14 North, Range 2 East, City of Midland, Midland County, Michigan. 

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

 


Board of Review Appointment

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

 

RESOLVED, that Joseph Rogers is hereby appointed to the Board of Review for a term to expire April 30, 2003.  (Motion adopted.)


Appointments to Boards and Commissions - Postponed

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

 

RESOLVED, that appointments to the following various Boards and Commissions is hereby postponed until June 12, 2000, at 7:00 p.m.:

         Aviation Advisory Commission

                     Cable Access Advisory Commission

                     Dial-A-Ride Advisory Commission

                     Local Officers Compensation Commission

                     MBS International Airport Commission

                     Parks and Recreation Commission

                     Planning Commission

                     Plumbing Board of Appeals

                     Sewer District Board of Appeals

                     West Main Street Historic District Commission

                     Zoning Board of Appeals

(Motion adopted.)

 

2000-01 City of Midland Budget

Robert Fisher, Director of Fiscal Services, presented information on the proposed 2000-01 City of Midland Budget.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman McKeag:

 

WHEREAS, a public hearing on the 2000-2001 budget was held on Monday, May 8, 2000, at 7:00 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 14 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,161,530,000, plus $82,971,500 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED, that the budget of the City of Midland for the fiscal year beginning July 1, 2000 and ending June 30, 2001 is hereby determined and adopted as follows:


 

GENERAL FUND:

 

  Sources of Funds:

 

    Taxes

$26,600,400

    State Funds

    4,121,500

    Other Revenues

    6,066,890

    Fund Balance

    (5,914,970)

      Total Sources of Funds

$30,873,820

 

 

GENERAL FUND (continued):

 

  Appropriations:

 

    General Programs

$25,908,170

    Capital Improvement

       760,500

    Transfers to Other Funds

    3,855,150

    Contingencies

       350,000

      Total Appropriations

$30,873,820

 

 

MAJOR STREET FUND:

 

  Sources of Funds:

 

    State Gas and Weight Tax

$2,270,000

    Other Revenues

     408,750

    Transfers from Other Funds

     114,900

    Fund Balance

     963,245

      Total Sources of Funds

$3,756,895

 

 

  Appropriations:

 

    Street Maintenance

$ 1,455,895

    Street Construction

   1,781,000

    Transfers to Other Funds

      500,000

    Contingencies

        20,000

      Total Appropriations

$ 3,756,895

 

 

LOCAL STREET FUND:

 

  Sources of Funds:

 

    State Gas and Weight Tax

$   546,700

    Other Revenues

     347,000

    Transfers from Other Funds

     629,110

    Fund Balance

     278,740

      Total Sources of Funds

$1,801,550

 

 

  Appropriations:

 

    Street Maintenance

$   920,550

    Street Construction

      861,000

    Contingencies

        20,000

      Total Appropriations

$ 1,801,550

 

 

GRACE A. DOW LIBRARY FUND:

 

  Sources of Funds:

 

    Operating Revenues

$    346,470

    State Funds

        65,000

    Other Revenues

      208,000

    Transfers from Other Funds

   2,714,620

      Total Sources of Funds

$ 3,334,090

 

 

GRACE A. DOW LIBRARY FUND

 

  (continued):

 

  Appropriations:

 

    Operating Expenditures

$ 3,091,390

    Capital Expenditures

      242,700

      Total Appropriations

$ 3,334,090

 

 

COMMUNITY DEVELOPMENT

 

  BLOCK GRANT FUND:

 

  Sources of Funds:

 

    Federal Grants

$   709,870

 

 

  Appropriations:

 

    Residential Home Rehabs

$   271,000

    Other Expenditures

     418,870

    Contingencies

       20,000

      Total Appropriations

$   709,870

 

 

CABLE COMMUNICATIONS FUND:

 

  Sources of Funds:

 

    Operating Revenues

$   366,400

    Other Revenues

         8,000

    Fund Balance

       41,820

      Total Sources of Funds

$   416,220

 

 

  Appropriations:

 

    Operating Expenditures

$    314,920

    Capital Expenditures

        89,900

    Contingencies

        11,400

      Total Appropriations

$    416,220

 

 

DOWNTOWN DEVELOPMENT

 

  AUTHORITY FUND:

 

  Sources of Funds:

 

    Property Taxes

$    409,200

    Other Revenues

        29,000

    Fund Balance

       (11,000)

      Total Sources of Funds

$    427,200

 

 

  Appropriations:

 

    Operating Expenditures

$   109,160

    Capital Expenditures

     152,000

    Transfers to Other Funds

     151,000

    Contingencies

       15,040

      Total Appropriations

$   427,200

 

DEBT SERVICE FUND:

 

  Sources of Funds:

 

    Property Taxes

$ 1,273,100

    Other Revenues

          3,500

    Fund Balance

         (8,730)

      Total Sources of Funds

$1,267,870

 

 


 

  Appropriations:

 

    Bond Principal

$  1,012,000

    Bond Interest

       252,370

    Other Expenditures

          3,500

      Total Appropriations

$ 1,267,870

 

 

DDA DEBT SERVICE FUND:

 

  Sources of Funds:

 

    Transfers from Other Funds

$    136,000

    Fund Balance

         (1,870)

      Total Sources of Funds

$    134,130

 

 

  Appropriations:

 

    Bond Principal

$        85,000

    Bond Interest

         47,930

    Other Expenditures

           1,200

      Total Appropriations

$     134,130

 

 

SANITARY LANDFILL FUND:

 

  Sources of Funds:

 

    Operating Revenue

$ 2,700,000

    Other Revenue

      134,000

    Working Capital

      438,530

      Total Sources of Funds

$ 3,272,530

 

 

  Appropriations:

 

    Operating Expenses

$ 1,596,460

    Other Expenses

        79,600

    Interest Expense

        39,320

    Capital Expenses

      830,550

    Retirement of Debt

      675,000

    Contingencies

        51,600

      Total Appropriations

$ 3,272,530

 

 

WASHINGTON WOODS FUND:

 

  Sources of Funds:

 

    Operating Revenues

$  1,026,520

    Other Revenues

         51,890

    Working Capital

        62,920

      Total Sources of Funds

$ 1,141,330

 

 

  Appropriations:

 

    Operating Expenses

$    957,020

    Other Expenses

        88,710

    Capital Expenses

        81,600

    Contingencies

        14,000

      Total Appropriations

$ 1,141,330

 

 

RIVERSIDE PLACE FUND:

 

  Sources of Funds:

 

    Operating Revenues

$    864,000

    Other Revenues

        73,760

    Working Capital

        22,285

      Total Sources of Funds

$    960,045

 

 

  Appropriations:

 

    Operating Expenses

$    823,040

    Other Expenses

        56,530

    Capital Expenses

        68,775

    Contingencies

        11,700

      Total Appropriations

$    960,045

 

 

GOLF COURSE FUND:

 

  Sources of Funds:

 

    Operating Revenues

$   688,000

    Other Revenues

       29,000

    Working Capital

     149,700

      Total Sources of Funds

$   866,700

 

 

  Appropriations:

 

    Operating Expenses

$   655,900

    Capital Expenses

     205,800

    Contingencies

         5,000

      Total Appropriations

$   866,700

 

 

PARKING FUND:

 

  Sources of Funds:

 

    Operating Revenues

$     83,000

    Other Revenues

         1,500

    Transfers from Other Funds

       15,000

    Working Capital

         5,660

      Total Sources of Funds

$   105,160

 

 

  Appropriations:

 

    Operating Expenses

$   105,160

 

 

TRANSPORTATION (DIAL-A-RIDE)

 

  FUND

 

  Sources of Funds:

 

    Operating Revenues

$    783,700

    Other Revenues

        25,000

    Transfers from Other Funds

      365,760

      Total Sources of Funds

$ 1,174,460

 

 

  Appropriations:

 

    Operating Expenses

$ 1,116,260

    Other Expenses

        36,000

    Capital Expenses

        12,200

    Contingencies

        10,000

      Total Appropriations

$ 1,174,460

 

 

WASTEWATER FUND:

 

  Sources of Funds:

 

    Operating Revenues

$ 3,530,880

    Other Revenues

        86,600

    Working Capital

      257,860

      Total Sources of Funds

$ 3,875,340

 

 

  Appropriations:

 

    Operating Expenses

$ 2,486,040

    Other Expenses

      110,000

    Interest Expense

        64,310

    Capital Expenses

      767,650

    Retirement of Debt

      435,300

    Contingencies

        12,040

      Total Appropriations

$ 3,875,340

 

 

WATER FUND:

 

  Sources of Funds:

 

    Operating Revenues

$  8,672,050

    Contractual Revenue

    1,398,500

    Other Revenues

       289,510

    Working Capital

       (855,840)

      Total Sources of Funds

$  9,504,220

 

 

  Appropriations

 

    Operating Expenses

$   5,033,120

    Other Expenses

        187,000

    Interest Expense

     1,365,710

    Capital Expenses

     1,265,960

    Retirement of Debt

     1,570,130

    Contingencies

         82,300

      Total Appropriations

$  9,504,220

 

 

STORMWATER MANAGEMENT FUND

 

  Sources of Funds:

 

    Operating Revenues

$      360,210

    Other Funds

        517,770

      Total Sources of Funds

$      877,980

 

 

  Appropriations:

 

    Operating Expenses

$      752,980

    Capital Expenses

        100,000

    Contingencies

         25,000

      Total Appropriations

$     877,980

 

 

DATA PROCESSING OPERATIONS:

 

  Sources of Funds:

 

    Operating Revenues

$   727,700

    Other Revenues

       30,000

    Working Capital

     217,200

      Total Sources of Funds

$   974,900

 

 

  Appropriations:

 

    Operating Expenses

$   777,400

    Other Expenses

       21,500

    Capital Expenses

     150,000

    Contingencies

       26,000

      Total Appropriations

$   974,900

 

 


 

DATA PROCESSING RENTAL FUND:

 

  Sources of Funds:

 

    Operating Revenues

$   249,470

    Other Revenues

         8,000

    Working Capital

       (44,370)

      Total Sources of Funds

$   213,100

 

 

  Appropriations:

 

    Operating Expenses

$   113,100

    Capital Expenses

     100,000

      Total Appropriations

$   213,100

 

 

EQUIPMENT REVOLVING FUND:

 

  Sources of Funds:

 

    Operating Revenues

$ 2,737,500

    Other Revenues

      209,700

    Working Capital

      525,280

      Total Sources of Funds

$ 3,472,480

 

 

  Appropriations:

 

    Operating Expenses

$ 1,581,480

    Other Expenses

      103,000

    Capital Expenses

   1,763,000

    Contingencies

        25,000

      Total Appropriations

$ 3,472,480

 

 

SERVICE CENTER RENTAL FUND:

 

  Sources of Funds:

 

    Operating Revenues

$   250,200

    Other Revenue

       19,500

    Working Capital

      (38,650)

      Total Sources of Funds

$   231,050

 

 

  Appropriations:

 

    Operating Expenses

$    194,050

    Capital Expenses

        27,000

    Contingencies

        10,000

      Total Appropriations

$   231,050

 

 

HEALTH CARE PLAN FUND:

 

  Sources of Funds:

 

    Operating Revenues

$1,000,000

    Other Revenues

     120,000

    Working Capital

  (1,120,000)

      Total Sources of Funds

$              0

 

 

  Appropriations:

 

    Operating Expenses

$              0

 

 

PROPERTY AND LIABILITY

 

  INSURANCE FUND:

 

  Sources of Funds:

 

    Operating Revenues

$   584,990

    Working Capital

     115,050

      Total Sources of Funds

$   700,040

 

 

  Appropriations:

 

    Operating Expenses

$   700,040

; and

 

 

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 8.27 mills for operations, 3.64 mills for tax appeal contingency reserve and 0.57 mills for general obligation debt, a total of 12.48 mills, on the Taxable Value of the various classes of property in the City of Midland on the 2000 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the Taxable Value of the various classes of property on the 2000 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the Summer and Winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies and in the review and appeal processes; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after September 15 and February 14, a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that all property tax revenues resulting from said 3.64 mill tax appeal contingency levy, along with interest earned thereon by the City, shall be placed in a Tax Appeal Contingency Reserve within the General Fund, shall be restricted solely for adjustments resulting from the major tax appeals of Midland Cogeneration Venture, The Dow Chemical Company and Dow Corning Corporation for 1997 and subsequent years, and shall be accumulated until final disposition of said tax appeals occurs, whereupon any unused funds in said Reserve shall be returned to City taxpayers through a future millage reduction.  (Motion adopted.)

 

Liquor License – Applebee’s

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

 

RESOLVED, that the request from MILLER APPLE LIMITED PARTNERSHIP to transfer ownership of 1996 Class C licensed business with Dance Permit, located in escrow at 1916A, Commerce Ct., Midland, MI  48640, Larkin Township, Midland County, from IMPACT GYM, INC.; and transfer location (governmental unit) (MCL 436.1531(1) to 6911 Eastman, Midland, MI  48640, Midland County & request to cancel dance permit be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion adopted.)

 

Bay City Road Interchange Project – Settlement Offer

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

 

RESOLVED, that on behalf of the City of Midland, Miller, Canfield, Paddock & Stone is hereby authorized to enter into a settlement agreement proposed by legal counsel representing Mr. Anthony Dizon for parcel 107 in the Bay City Road Interchange project located at 5212 Bay City Road in an amount not to exceed $90,000; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized and directed to make payment up to $28,000 to the Michigan Department of Transportation upon receipt of an invoice for settlement of said property.  (Motion adopted.)

 

Stone Ridge South No. 1 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received from Stone Ridge Enterprises, proprietor of Stone Ridge South No. 1, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Stone Ridge South No. 1 until December 1, 2002, conditioned upon receipt of a new financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by June 15, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year.  (Motion adopted.)

 

Scenic Estates No. 3 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received from Midland Investment Company, on behalf of John A. and Judith Ann Rapanos, proprietors of Scenic Estates No. 3, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within Scenic Estates No. 3 until September 1, 2001, conditioned upon receipt of a new financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by June 15, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year.  (Motion adopted.)

 

Jilmar Estates No. 1 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received from Jill Buchenau Rafos and George Rafos, proprietors of Jilmar Estates No. 1, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Jilmar Estates No. 1 until June 26, 2003, conditioned upon receipt of a new financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by June 15, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year.  (Motion adopted.)

 

Jilmar Estates No. 2 – Extension of Time for Completion of Sidewalk

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

 

WHEREAS, a written request has been received from Jill Buchenau Rafos and George Rafos, proprietors of Jilmar Estates No. 2, to extend the period of time to complete the sidewalks within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Jilmar Estates No. 2 until June 26, 2003, conditioned upon receipt of a new financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalks; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by June 15, 2000, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk this construction year.  (Motion adopted.)

 

Property Donation from Dow Chemical – Whitman Drive

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

 

WHEREAS, the Dow Chemical Company has proposed to donate eighty acres on Whitman Drive to the City of Midland for Parks purposes; and

WHEREAS, the property is adjacent to other property being used for recreational programming; and

WHEREAS, the Parks and Recreation Commission recommended by resolution at their February 8, 2000 meeting that the City Council accept the property; and

WHEREAS, the City Attorney has reviewed the proposed agreement and has deemed it to be in order; now therefore

RESOLVED, that the City Council hereby accepts the generous offer of The Dow Chemical Company; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute an agreement with The Dow Chemical Company for the donation of said property.  (Motion adopted.)

 

2000 Miscellaneous Utility Extensions; Contract No. 19

The following resolution was 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 extension of sanitary sewer on Airport Road; the replacement of sanitary sewer on Cronkright and Eastlawn Drive; the extension of storm sewers on Haley Street and Hill Court; the installation of manholes on the existing sewer running west from Waldo Road and the extension of water main on Perrine Road; and

WHEREAS, funding for this project is provided by the Storm Water Management Fund, Water Fund and Wastewater Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2000 Miscellaneous Utility Extensions; Contract No. 19", in the indicated amount of $130,818.00, 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.)

 


Concrete Crushing - Landfill

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

 

WHEREAS, sealed bids for Concrete Crushing, Bid No. 2370, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low qualifying bid proposal submitted by Briggs Contracting of Sanford, Michigan in the amount of $5.00 per ton was accepted by City staff; and

WHEREAS, the initial total contract amount was estimated to not exceed $20,000, and was therefore not presented to City Council for approval of the contract award and issuance of a purchase order; and

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

RESOLVED, that a purchase order is authorized to Briggs Contracting of Sanford, Michigan in the amount of $20,445.  (Motion adopted.)

 

Woodcrest Elementary Parade – May 26, 2000

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

 

RESOLVED, that the request from Judy Plomer, Principal of Woodcrest Elementary, to conduct a school wide parade on Friday, May 26, 2000, beginning at 10:15 a.m. until 11:30 a.m., is hereby approved subject to the following conditions:

;and

RESOLVED FURTHER, that the City Engineer is hereby directed to write a Traffic Control Order for the street closures.  (Motion adopted.)

 

Proposed Street Name Change – Bradley Road to Bradley Court

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

 

WHEREAS, the City Council referred to the Planning Commission a proposal to change the name of Bradley Road to Bradley Court; and

WHEREAS, a communication from the City Planning Commission has been received, recommending approval of the proposed street name change; now therefore

RESOLVED, that in accord with Section 22-59 of the Code of Ordinances of the City of Midland, the City Council does hereby set the date of June 12, 2000, for a public hearing to be held at 7:00 p.m. in the Council Chambers, City Hall, Midland, Michigan; and

RESOLVED FURTHER, that the City Clerk is directed to publish the proper public hearing notice.  (Motion adopted.)

           

Proposed Street Name Change – Wyllys Road and Wyllys Court

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

 

WHEREAS, the City Council referred to the Planning Commission a proposal to change the name of Wyllys Street east of Dawn Drive to East Wyllys Court, and Wyllys Court west of Dartmouth Drive to West Wyllys Court; and

WHEREAS, a communication from the City Planning Commission has been received, recommending approval of the proposed street name change; now therefore

RESOLVED, that in accord with Section 22-59 of the Code of Ordinances of the City of Midland, the City Council does hereby set the date of June 12, 2000, for a public hearing to be held at 7:00 p.m. in the Council Chambers, City Hall, Midland, Michigan; and

RESOLVED FURTHER, that the City Clerk is directed to publish the proper public hearing notice.  (Motion adopted.)

 

Zoning Petition No. 457

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 12, 2000, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

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 BUSINESS B-2 ZONING CLASSIFICATION WHERE RESIDENTIAL B 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:  Commencing at a point on the East side of the right-of-way of Foster Road 498 feet North of the South line of Section 2, T14N, R2E, City of Midland, Midland County, Michigan; thence East 1782.00 feet to the Place of Beginning; thence East 267.46 feet to the East right-of-way line of the US-10 Expressway; thence South 503 feet, more or less, along said East right-of-way line for US-10 to a point on the South Section line of said Section 2; thence West along said South Section line 312 feet; thence North 498 feet to the Place of Beginning,

 be, and the same is hereby changed to a Business B-2 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.  (Motion adopted.  Considered first reading.)

 

Zoning Petition No. 458

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, June 12, 2000, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

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 BUSINESS B-2 ZONING CLASSIFICATION WHERE COMMUNITY 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:  Commencing 491 feet South of the East ¼ corner of Section 32, T15N, R2E; thence West 396 feet; thence South 202.85 feet; thence East 396 feet; thence North 202.85 feet to the Point of Beginning,

     be, and the same is hereby changed to a Business B-2 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.  (Motion adopted.  Considered first reading.)

 

Being no further business the meeting adjourned at 9:40 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk