July 24, 2000

 

A regular meeting of the City Council was held on Monday, July 24, 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.

 

Council members present:

Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the July 17, 2000 regular meeting was offered by Council Member Wazbinski and seconded by Council Member McKeag.  (Motion adopted.)

 

US-10/Bay City Road Interchange Detour Report

Selina Tisdale, Community Relations Coordinator, presented a report on the US-10/Bay City Road Interchange Detour.  To safely complete the demolition of the bridge, the Michigan Department of Transportation will close US-10 from Bay City Road to Waldo Avenue and Business Route 10/M-20 from US-10 to Washington Street.   The closure is expected to last no more than 40 hours and will take place on weekdays only. 

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, complained about branches from residential residences infringing on the sidewalk right of way.  Mayor Black requested that staff contact Ms. Wood regarding her concerns. 

 

Ordinance Amendment – Uniform Traffic Code

James Branson, City Attorney, presented a proposed ordinance to amend Chapter 24, Article II (Uniform Traffic Code), Article III (Auto Parking System), Article IV (Parking Violations Bureau) and Article V (Impoundment of Vehicles).  Introduction and first reading of the following ordinance was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 24-11 OF ARTICLE II, SECTIONS 24-29 AND 24-31 OF ARTICLE III, AND SECTION 24-58 OF ARTICLE V OF CHAPTER 24 THEREOF.

Secs. 24.1 – 24.10.  Reserved.

ARTICLE II.  UNIFORM TRAFFIC CODE

Sec. 24-11. Adoption of uniform traffic code.  AMENDMENTS TO UNIFORM TRAFFIC CODE ADOPTED.

      The Uniform Traffic Code for cities, townships and villages promulgated by the Commissioner of State Police on February 14, 1958 and published in Supplement No. 13, and as amended February 14, 1961 and published in Supplement No. 25, and on February 26, 1968 and published in Supplement No. 54, and on August 4, 1976 and published in Supplement No. 88 to the 1954 Michigan Administrative Code, in accordance with Public Act 62 of 1956, State of Michigan, is hereby adopted by reference as in this article modified.

      THE UNIFORM TRAFFIC CODE WAS ADOPTED ON OCTOBER 30, 1978 UNDER CHAPTER 24, ARTICLE II OF THE CITY OF MIDLAND CODE OF ORDINANCES.  SINCE THAT DATE AMENDMENTS HAVE OCCURRED TO THE UNIFORM TRAFFIC CODE, ALL OF WHICH WERE PROMULGATED BY THE DIRECTOR OF DEPARTMENT OF STATE POLICE EFFECTIVE JANUARY 27, 1981 AND PUBLISHED IN THE QUARTERLY SUPPLEMENT NUMBER 5 TO THE 1979 EDITION OF THE MICHIGAN ADMINISTRATIVE CODE IN ACCORDANCE WITH 1956 P.A. 262 ARE HEREBY ADOPTED BY REFERENCE AMENDING AND ADDING SIMILARLY NUMBERED SECTIONS OF SAID UNIFORM TRAFFIC CODE TO THE CITY OF MIDLAND CODE OF ORDINANCES INCLUDING SUBSECTIONS TO THE CURRENT ARTICLE II, CHAPTER 24-11 AND FURTHER TO ADOPT BY THIS ORDINANCE FUTURE AMENDMENTS AS MAY OCCUR TO THE UNIFORM TRAFFIC CODE AS IF FULLY RECITED HEREIN.

Sec. 24-12.  References in code.

      References in the Uniform Traffic Code for Michigan cities, townships and villages to “governmental unit” shall mean the City of Midland.

Sec. 24-13.  Changes in code.

      The following sections and subsections of the Uniform Traffic Code for cities, townships and villages are hereby amended or deleted as set forth and additional sections and subsections are added as indicated in this section.  Subsequent section numbers used in this section shall refer to the like numbered sections of the Uniform Traffic Code.

Sec. 2.25a.  After Section 2.25 add Section 2.25a as follows:

      Sec. 2.25a.    City manager to be traffic engineer.

            References in the Uniform Traffic Code for Michigan cities, townships and villages to the “traffic engineer” shall mean the city manager.

Sec. 2.36c.  After Section 2.36b add Section 2.36c as follows:

      Sec. 2.36c.    Regulation of operation, parking and speed of motor vehicles on property of the school district for the City of Midland.

                    (1)    Any person who shall drive or operate a motor vehicle on any property owned or otherwise used by the school district for the City of Midland, except on established and designated roads and automobile parking areas, shall be guilty of a misdemeanor.

                    (2)    Any person who shall park or cause to be parked a motor vehicle upon any property owned or otherwise used by the school district for the City of Midland not designated and established as a motor vehicle parking area shall be guilty of a misdemeanor.

                    (3)    Any person who operates a motor vehicle upon property owned or otherwise used by the school district for the City of Midland in a careless or negligent manner shall be guilty of a misdemeanor.

                    (4)    The penalty for violation of this section shall be as provided by Section 9.3 of the Uniform Traffic Code.

Sec. 2.36d.  After Section 2.36c add Section 2.36d as follows:

      Sec. 2.36d.    Fire routes.

            The traffic engineer is hereby authorized to designate fire routes upon streets or highways or parts of streets or highways and prohibit standing or parking thereon upon certification by the fire chief that such streets or highways or parts of streets or highways are especially required for use in attending fires.

Sec. 2.48a.  After Section 2.48 add Section 2.48a as follows:

      Sec. 2.48a.    One-way streets.

            The traffic engineer is hereby authorized to determine and designate streets or highways or parts of streets or highways upon which vehicular traffic shall proceed in one direction and maintain appropriate markings, signs, barriers, or other devices to give notice thereof.

Sec. 2.53.    Traffic-control orders.  Section amended as follows:

      Sec. 2.53.      Traffic-control orders.

            (a)    The authority to regulate traffic contained in this article shall be exercised by the traffic engineer by the issuance of traffic-control orders which shall specify the rules and regulations adopted or established by him.  Such traffic-control orders shall become effective upon being filed with the clerk and upon erection of adequate signs or signals giving notice of the existence of such regulation, if signs or signals are required by the provisions of this article pertaining to such regulation.  Traffic-control orders may be issued by the traffic engineer on his own authority, but when so issued shall be known as temporary traffic-control orders and shall not be effective after the expiration of ninety (90) days from the date of filing, nor shall any such temporary traffic-control order be renewed or extended except upon its approval by the ordinance-making body.  At any time prior to the expiration of ninety (90) days from the date of filing of a temporary traffic-control order, the traffic engineer or the ordinance-making body, by a majority vote, may modify or repeal such order, provided such order, if modified, shall not be effective for any period beyond ninety (90) days from the date of filing the original order unless it be made permanent as herein provided.  Permanent traffic-control orders shall be issued by the traffic engineer, approved by the ordinance-making body and filed with the clerk.  Temporary orders shall become permanent orders upon approval by the ordinance-making body, but notice of such approval shall be filed with the clerk as in the case of an original traffic-control order.  All such orders and any action modifying or repealing such orders shall be kept in a separate book by the clerk to be known as the traffic-control order book.

            (b)    Copies of traffic-control orders certified by the clerk to be a true transcript compared by him with the original in his office shall be evidence in all courts and proceedings in like manner as the original would be if produced.  If it shall appear that a traffic-control sign, signal, or device conforming to the provisions of this chapter was erected or in place when the alleged violation of this chapter occurred, such showing shall be prima facie evidence of the existence of a lawful traffic-control order authorizing such traffic-control sign, signal or device, and it shall be unnecessary for the prosecution to affirmatively show the existence of a valid traffic-control order in such cases unless and until such presumption is rebutted by competent evidence.

Sec. 3.12     Enforcing violations on private roads and private property.  Section amended to read as follows:

      Sec. 3.12.      Enforcing violations on private roads and private property.

            Notwithstanding any other provision of law, a police officer may enter upon a private road or other private property to enforce violations of this code, and a city employee assigned for the purpose of issuing parking violations by the city manager may enter upon a private road or other private property for the purpose of issuing notices of parking violations.

Sec. 3.2b.    After Section 3.2a add Section 3.2b as follows:

      Sec. 3.2b.      Resisting a police officer.

            Any person who assaults a police officer while the police officer is engaged in the performance of his duty, knowing him to be a police officer, is guilty of a misdemeanor.

Sec. 4.6.      Traffic-control signal placement and legend.  Section amended as follows:

      Sec. 4.6.        Traffic-control signal placement and legend.

            When traffic is controlled by traffic-control signals, at least one (1) signal shall be located over the traveled portion of the roadway so as to give drivers a clear indication of the right-of-way assignment from their normal positions approaching the intersection.  The vehicle signals shall exhibit different colored lights successively, one at a time, or with arrows.  The following colors shall be used and the terms and lights shall indicate and apply to drivers of vehicles as follows:

(a)   Green indication.  Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at that place prohibits either such turn.  Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b)   Steady yellow indication.  Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

(c)   Steady red indication.

(1)           Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or at a limit line when marked, or if none, then before entering the intersection and shall remain standing until a green indication is shown, except as provided in Section 4.6(c)(2).

(2)           Vehicular traffic facing a steady red signal, after stopping before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if none, then before entering the intersection, shall be privileged to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn unless prohibited by sign, signal, marking, light, or other traffic-control device.  The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(d)   Steady green arrow indications.  Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow, or such other movement as is permitted by other indications shown at the same time.  Vehicle traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

      If a traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable, except as to those provisions which by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but, in the absence of a sign or marking, the stop shall be made at the signal.

Sec. 4.17.    School-crossing guards.  Section amended as follows:

      Sec. 4.17.         School-crossing guards; duty periods, identifying clothing; signs.

             (1)   When school-crossing guards are assigned, they shall be stationed at school crossings during the times of day designated by the chief of the law enforcement agency having jurisdiction.

             (2)   When on duty, a school-crossing guard shall wear an outer vest of a color and style meeting the standards of the Michigan manual of uniform traffic-control devices.  The school-crossing guard shall also hold stop sign which conforms to the Michigan manual of uniform traffic-control devices for hand-held signs.

             (3)   When the school-crossing guards are assigned at designated school crossings, warning signs shall be erected in conformance with the Michigan manual of uniform traffic-control devices.

Sec. 4.18.    School-crossing guards.  Section amended as follows:

      Sec. 4.18.       School-crossing guards; training; supervision.

             (1)   School-crossing guards shall be selected, trained, and supervised by the local law enforcement agency.

             (2)   School-crossing guards shall receive not less than four (4) hours of instruction in job-related matters before assuming duties, and two (2) hours of annual review thereafter.

Sec. 5.16b.  After Section 5.16, Section 5.16b is substituted for Section 5.16a as follows:

      Sec. 5.16b.     Consumption of liquor on highways or on property open to public.

             (1)   Alcoholic liquor shall not be consumed on a highway, street, or alley or on any public or private property which is open to the general public and is not licensed to sell alcoholic liquor for consumption on the premises.

             (2)   A person shall not transport or possess alcoholic liquor in a container which is open or uncapped, or on which the seal is broken within the passenger compartment of a vehicle on the streets or highways of this governmental unit.  If the vehicle does not have a trunk or compartment separate from the passenger compartment, a container which is open or uncapped or on which the seal is broken shall be encased or enclosed.  This subsection shall not apply to a chartered passenger vehicle licensed by the Michigan Public Service Commission.

Sec. 5.55b.  After Section 5.55a add Section 5.55b as follows:

      Sec. 5.55b.     Prima facie evidence; deposit of litter on streets from vehicle.

             In any proceeding for a violation of this chapter relating to the depositing, placing, throwing, dumping or leaving, or the causing or permitting the depositing, placing, throwing, dumping or leaving of any injurious materials or any rubbish, refuse, waste materials, garbage, offal, paper, glass, cans, bottles, trash or debris upon any street from a vehicle which is in operation, proof of the identity of the driver, together with proof that any of the aforementioned items were deposited, placed, thrown or dumped from said vehicle shall constitute in evidence, a presumption that the driver of said vehicle caused or permitted the deposit, placing, throwing, dumping or leaving of any of the aforesaid items.

Sec. 5.98b.  After Section 5.98a, add Section 5.98b as follows:

      Sec. 5.98b.     Removal of disabled vehicle.

             When a vehicle becomes stalled, or for any reason cannot be moved by its own power, and in consequence obstructs a highway, the owner or operator shall cause the prompt removal of the same by towing or otherwise.

Sec. 8.10.    Stopping, standing and parking, prohibited places and manner.  Section amended to read: 

      Sec. 8.10.       Stopping, standing and parking; prohibited places and manner.

             No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or traffic-control device in any of the following places:

(a)   On a sidewalk;

(b)   In front of a public or private driveway;

(c)   Within an intersection;

(d)   Within fifteen (15) feet of a fire hydrant;

(e)   On a crosswalk;

(f)     Within twenty (20) feet of a crosswalk, or if none, then within fifteen (15) feet of the intersection of property lines at an intersection of streets;

(g)   Within thirty (30) feet upon the approach to any flashing beacon, stop sign, yield sign or traffic-control signal located at the side of a street;

(h)   Between a safety zone and the adjacent curb, or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone unless a different length is indicated by signs or markings;

(i)      Within fifty (50) feet of the nearest rail of a railroad crossing;

(j)      Within twenty (20) feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted;

(k)    Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic;

(l)      On the street side of any vehicle stopped or parked at the edge or curb of a street;

(m) Upon any bridge or other elevated structure upon a street or within a street tunnel;

(n)   Within two hundred (200) feet of an accident at which police officers are in attendance;

(o)   In front of any theater;

(p)   In any place or in any manner so as to block immediate egress from any emergency exit or exits conspicuously marked as such of buildings;

(q)   In any place or in any manner so as to block or hamper the immediate use of an immediate egress from any fire escape conspicuously marked as such, providing an emergency means of egress from any building;

(r)     At any place where official signs prohibit stopping, standing or parking, or at any place beyond the time limits prescribed by official signs;

(s)   At any place on a private roadway used by the public as a means of access to and egress from an apartment or an apartment complex, business, factory, hospital, institution, or similar building or location, or a shopping center providing a parking area (as the terms “shopping center” and “parking area” are defined in Public Act 235 of the Public Acts of the State of Michigan of 1969, as amended, (MCLA 257.941 et al; MSA 9.2641 et al.)) where official signs, the need for which are certified in writing to the traffic engineer by the chief of the fire department, prohibit the stopping, standing or parking of vehicles; or

(t)     At any place within a vacant lot or within a front yard of any residential dwelling except on a driveway.  For purposes of this subsection, the term “front yard” shall mean the open space including the full width of the lot between any abutting street and the structure of the residential dwelling on the lot facing the abutting street; and the term “driveway” shall mean the private access roadway connecting with the residential dwelling or garage and the abutting street.

Sec. 8.13a.  After Section 8.13 add Section 8.13a as follows:

      Sec. 8.13a.     Parking between sidewalk and curb.

             No person shall drive upon, park or stand any vehicle between the curb or curb line and the lot line nearest the street, said area being commonly known as the lawn extension or outlawn, whether or not any sidewalk or curb is actually in place on such street, except when authorized by official signs.

Sec. 8.17a.  After Section 8.17 add Section 8.17a as follows:

      Sec. 8.17a.     Regulation of central business district loading zones.

             No person shall be allowed to double-park a commercial vehicle for loading or unloading purposes in the Central Business District (defined as the area bounded by the Tittabawassee River; Jerome, Ellsworth and Cronkright Streets) except in accordance with the following restrictions:

(a)   Each loading or unloading operation shall be continuous, and such activity shall not cease for more than ten (10) minutes.

(b)   Any loading or unloading operation shall not be permitted on weekdays between the hours of 4:00 p.m. and 6:00 p.m. on all streets in the Central Business District, and, in addition, shall not be permitted from 12:00 noon 11:30 A.M. to 1:00 p.m. on Main, Ashman and Rodd Streets in the Central Business District.

(c)   Double-parked commercial vehicles at any one time in a single block of a street in the Central Business District shall be in the same traffic lane.

(d)   Notwithstanding any of the foregoing, if a loading zone is available or becomes available during loading or unloading within one hundred (100) feet of the door or entrance where the loading or unloading is taking place or is to take place, a commercial vehicle shall not be permitted to double-park and must use said loading zone.

Sec. 8.17b.  After Section 8.17a, add Section 8.17b as follows:

      Sec. 8.17b.     Additional regulation of Main Street loading zones.

             No person shall park a commercial vehicle of over one ton carrying capacity as rated by the manufacturer or over seventeen (17) feet long (measurement to be overall length including both the commercial vehicle and its load) on Main Street, between George Street and Fitzhugh Street in the city, except for loading and unloading purposes and then not to exceed thirty (30) minutes continuous time.

Sec. 8.21a.  After Section 8.21, add Section 8.21a as follows:

      Sec. 8.21a.     Separate violations for metered parking zone violations or overtime parking violations beyond one hour or fraction thereof.

             Whenever a vehicle is parked in a metered parking zone for a longer period of time than is permitted by Section 8.21 above, or is parked at a place beyond the time limits prescribed by official signs as described in Section 8.10(r) above, the traffic ticket or other notice of violation issued for such violation shall indicate in writing the time at which such violation is alleged to have occurred.  If the vehicle is not moved within one hour from the time the original traffic ticket or other notice of violation was issued, a second traffic ticket or other notice of violation shall again indicate in writing the time at which it was issued.  Thereafter, successive traffic tickets or other notices of violation of like nature shall be issued for each hour the vehicle remains parked in violation of this section.

Sec. 8.25.    After Section 8.24 add Section 8.25 as follows:

      Sec. 8.25.       Power to establish parking lots.

             The city may establish parking lots on property owned or leased by the city.  The council may, by resolution, fix the regulations, control and maintenance of said parking lots and determine the rate to be charged the public for the use of the same.

Sec. 8.25a.  After Section 8.25 add Section 8.25a as follows:

      Sec. 8.25a.     Regulation of parking lots.

             No person shall park, stand, stop or operate a vehicle contrary to any posted regulations in any public parking grounds operated or maintained by the city.

Sec. 8.26.    After Section 8.25a add Section 8.26 as follows:

      Sec. 8.26.       Parking in parks, footwalks, etc.

             No person shall park, stand or stop a vehicle on the footwalks, bridge paths, sidewalks, grass plots or planted places of any park or boulevard, except in such areas as may be designated for the parking of automobiles, nor shall any motor vehicle be driven over any lawn, grass plot, bridle path, walkway, or pedestrian trails in any park.

Sec. 8.27.    After Section 8.26 add Section 8.27 as follows:

      Sec. 8.27.       Authority to purchase parking meters.

             The city is hereby vested with the authority to enter into a contract for the purchase and installation of parking meters and to provide payment therefore exclusively from the receipts obtained by the city from their operation, and such means of payment shall be in addition to any other purchasing powers heretofore granted the city by its charter or by the laws of the State of Michigan.  THE CITY IS ALSO AUTHORIZED, AT ITS DISCRETION, TO SELL OR OTHERWISE DISPOSE OF PARKING METERS NO LONGER DEEMED NECESSARY BY THE TRAFFIC ENGINEER.  SALE OF SUCH METERS WILL BE DONE IN COMPLIANCE WITH SECTION 2.22 OF THE CODE OF ORDINANCES. 

Sec. 8.27a.  After Section 8.27 add Section 8.27a as follows:

      Sec. 8.27a.     Destruction of parking meters.

             It shall be unlawful for any unauthorized person to tamper with, open, willfully break or destroy any parking meter.

Sec. 8.28.    After Section 8.27a add Section 8.28 as follows:

      Sec. 8.28.       Parking on streets between 3:00 a.m. and 6:00 a.m. prohibited.

             Unless given a special police permit, no person shall park a vehicle between the hours of 3:00 a.m. and 6:00 a.m. on the streets in the city.

Sec. 9.4a.    After Section 9.4 add Section 9.4a as follows:

      Sec. 9.4a        Current regulations.

             All intersection stops and yield right-of-way requirements, regulations on stopping, standing or parking; prima facie speed limits; one-way streets, roadways and alleys; crosswalks; restricted turns; through streets; angle parking zones; all-night parking restrictions; curb-loading zones; public carrier stands; parking meter zones and spaces; weight restrictions; no-passing zones; traffic-control devices and traffic-control orders heretofore established and effective on the effective date of the code shall be deemed established hereunder, and shall remain effective until rescinded or modified as herein provided.

Secs. 24-14 – 24-23.  Reserved.

ARTICLE III.  AUTO PARKING SYSTEM

Sec. 24-24. System designated.

      All street parking spaces where parking fees or charges are collected by means of parking meters, and all off-street parking lots and facilities acquired by the city, shall be maintained and operated by the city as one separate municipal system on a public utility basis, to be known as the City of Midland Automobile Parking System, hereinafter referred to as “the system,” and shall include all parking meters, lots, buildings, facilities, equipment or accessories used or useful in connection therewith.

Sec. 24-25. City manager to run system.

      The system shall be and remain under the management, supervision and control of the city manager, who may employ or designate such person or persons, or such board or commission, in such capacity or capacities as he deems advisable, to carry on the efficient management and operation of the system.  The city manager may make such rules, orders and regulations as he deems advisable and necessary to assure the efficient management and operation of the system, subject, however, to the rights, powers and duties in respect thereto which are reserved by law to the city council.

Sec. 24-26. Fiscal year.

      The system shall have an operating or fiscal year commencing on July 1st and ending on June 30th of each year.

Sec. 24-27. Fees and charges.

      The parking fees, rates and charges to be collected for the use of street parking spaces by means of parking meters of the system and for off-street parking shall be as established pursuant to city ordinance.  Any such ordinance shall contain appropriate penalties for nonpayment of such rates or charges, or for violation of time restrictions.

Sec. 24-28. Purpose of rates and charges.

      Rates and charges for the use of the facilities of the system shall be in such amount as to produce revenues sufficient to provide the following in relation to the system:

(1)   Pay all operation and maintenance expenses of the system.

(2)   Pay the principal and interest on all bonds or other evidences of indebtedness of the city issued for the purposes of the system or any additional parking facilities therefor.

(3)   Provide for a reasonable reserve for other needed additions and improvements to the system, including the acquisition of additional parking facilities and traffic control equipment or devices.

Sec. 24-29. Certain funds established; operation of same.

      The revenues of the system are hereby ordered to be set aside as collected and deposited in the Chemical State Savings Bank, Midland, Michigan, a bank duly qualified to do business in Michigan, in an account to be designated Automobile Parking System Receiving Fund., hereinafter referred to as the “Receiving Fund” and said revenues so deposited are pledged for the purposes of the following funds and shall be transferred from the Receiving Fund periodically and in the manner and at the times hereinafter specified.

      (a)   Out of the revenues in the Receiving Fund there shall first be set aside during each quarterly period, into a separate depositary account designated Operation and Maintenance Fund, a sum sufficient to provide for the payment of the next quarter’s current expenses of administration and operation of the system, and such current expenses for the maintenance thereof as may be necessary to preserve the same and all facilities thereof in good repair and working order.  The costs of replacing worn out, destroyed, or obsolescent parking meters shall be considered to be an operation and maintenance expense of the system.

      A budget, showing in detail the estimated costs of administration, operation and maintenance of the system for the next ensuing operating year, shall be prepared simultaneously with the general city budget and approved by the city council.  The amounts transferred into the Operation and Maintenance Fund during each operating year shall not exceed said budget unless approved by the city council.

      (b)   Out of the revenues remaining in the Receiving Fund after provision has been made for expenses of operation and maintenance of the system, there shall next be set aside and deposited, quarterly, into the Debt Retirement Fund of the city, all the remaining revenues of the system until such time as a sufficient amount has been deposited into said fund to pay the principal and interest of all general obligation bonds issued for the purpose of providing additional parking facilities for the system maturing during the next ensuing fiscal year.  The moneys so set aside into such fund shall be allocated and set aside on the books and records of the city, and used and applied solely for such purpose.

      (c)   Any revenues remaining in the Receiving Fund at the end of any fiscal year after satisfying the foregoing requirements, shall be set aside and deposited into a separate depositary account designated Improvement Fund and used and applied for the purpose of acquiring or constructing additional parking facilities or improvements to the system, and/or traffic control equipment or devices.

Sec. 24-30. Records to be kept; annual operating statement; annual audit.

      The city manager shall cause to be maintained and kept, proper books of record and account, in which shall be made full and correct entries of all transactions relating to the system.  Not later than four (4) months after the close of each fiscal year, the city manager shall cause to be prepared, a statement in reasonable detail, showing the cash income and disbursements of the system at the beginning and close of the operating year and such other information as may be necessary to enable any taxpayer of the city or user of the service furnished to be fully informed as to all matters pertaining to the financial operation of the system during such year.  Such annual statement shall be filed in the office of the city clerk, where it shall be open to public inspection.  Such books of record and account shall be audited annually by a certified public accountant, to be designated by the city council, and a certified copy of such audit shall be filed with the city clerk.

SEC. 24-31.  FINES.

FEES FOR VIOLATIONS OF THIS SECTION SHALL BE IMPOSED AS PROVIDED IN CHAPTER 21, ARTICLE 8.

Secs. 24-31 SECS. 24-32 – 24-39.  Reserved.

ARTICLE IV.  PARKING VIOLATIONS BUREAU

Sec. 24-40. Parking violations bureau established; treasurer to supervise.

       Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, being MCL Section 600.8395, a parking violations bureau, for the purpose of accepting civil infraction admissions in parking violation cases occurring within the city and for collecting and retaining civil fines and costs as prescribed by this article, is hereby established.  The parking violations bureau shall be under the supervision and control of the city treasurer.

Sec. 24-41. Duties of treasurer.

       The city treasurer shall, subject to the approval of the city council, establish a convenient location for the parking violations bureau, appoint qualified city employees to administer the bureau, and adopt rules and regulations for the operation thereof.

Sec. 24-42. Disposition of violations.

       Any violation not scheduled in section 21-130 shall be disposed of by the parking violations bureau.  The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the bureau and, in any case, the person in charge of such bureau may refuse to dispose of such violation, in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.

Sec. 24-43. Settling violations.

       No violation may be settled at the parking violations bureau, except at the specific request of the alleged violator.  No penalty for any violation shall be accepted from any person who denies having committed the offense, and in no case shall the person who is in charge of the bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation.  No person shall be required to dispose of a parking violation at the parking violations bureau and all persons shall be entitled to have any such violation processed before a court having jurisdiction thereof if they so desire.  The unwillingness of any person to dispose of any violation at the parking violations bureau shall not prejudice him or in any way diminish the rights, privileges and protection accorded to him by law.

Sec. 24-44. Ticket issuance; information on ticket.

       The issuance of a traffic ticket, or notice of violation by a police officer of the city or by a city employee assigned for the purpose of issuing parking violations by the city manager, shall be deemed an allegation of a parking violation.  Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom such ticket was issued must respond before the parking violations bureau.  It shall also indicate the address of the bureau, the hours during which the bureau is open, the amount of the penalty scheduled for the offense for which the ticket was issued, and shall advise that a warrant for the arrest of the person to whom the ticket was issued will be sought if such a person fails to respond within the time limit.

Sec. 24-45. Dismissal of parking violation without penalty.

       If, after investigation, any police officer assigned by the police chief or the city treasurer or any employee assigned by the treasurer, shall certify that because of a defective parking meter, improper or missing sign, stolen vehicle, or that if all material facts had been known at the time, the parking violation should not have been issued; or, that the parking violation notice is incomplete in a material detail, erroneous, issued to a vehicle licensed out of state, is the responsibility of a nonresident of the state, or that it is not feasible to determine the identity of the violator, the violation may be disposed of by the parking violations bureau without penalty, and the certificate attesting such facts shall be attached to the notice of violation.

Sec. 24-46. When complaint shall be sworn for parking offenders.

       Quarterly during each year, all parking violations which have been issued for more than thirty (30) days and which have not been disposed of at the parking violations bureau, shall be delivered by the bureau to the police department.  If more than two (2) parking violations against a vehicle remain undisposed of at the bureau, notices shall be delivered by the bureau to the police department without waiting for the end of the quarter.  Upon receipt of any such undisposed of parking violation, the police department shall have any person having knowledge of the facts make a sworn complaint before any court having jurisdiction of the offense as provided by law.

Sec. 24-47. Collection of penalties.

       The parking violations bureau is authorized to collect any penalties due hereunder in any appropriate manner, including but not limited to the use of a third party or agency, provided that any agreement for such collection services is approved by the city council.

Sec. 24-48. Right to appeal.

       Parking violations may be appealed to the parking violations bureau by the alleged violator.  Appeals may be filed on forms available at the parking violations bureau located at the city treasurer’s office.  The appeal shall be reviewed pursuant to section 24-45.  The alleged violator shall be notified in writing of the decision regarding the appeal.

Secs. 24-49 – 24-57.  Reserved. 

ARTICLE V.  IMPOUNDMENT OF VEHICLES

Sec. 24-58. Procedure for impoundment of vehicles.

       The impounding of vehicles shall be done in accordance with the UNIFORM TRAFFIC CODE SECTION 2.5 OR following procedures: WHEN ANY VEHICLE IS IDENTIFIED AND LOCATED WHOSE OWNER HAS FAILED TO ANSWER SIX (6) OR MORE PARKING VIOLATION NOTICES OR CITATIONS REGARDING ILLEGAL PARKING.

(1)      The city manager or a designated representative of the city manager is hereby authorized to cause to immediately remove a vehicle from public property or any other place open to travel by the public and impound the vehicle in any of the following circumstances:

a.          When a vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.

b.          When a vehicle is parked upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.

c.          When a vehicle is left unattended on a bridge, viaduct, causeway, subway, tube or tunnel where the vehicle constitutes an obstruction to traffic.

d.          When a disabled vehicle on a street constitutes an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury, incapacitated and unable to provide for the vehicle’s custody or removal.

e.          When a vehicle is left unattended on a street and is parked in a manner which constitutes a definite hazard or obstruction to the normal movement of traffic.

f.When a vehicle is found being driven on the streets or highways in an unsafe condition which endangers persons or property.

g.          When a vehicle is left continuously unattended on a street for more than forty-eight (48) hours and may be presumed to be abandoned.

h.          When the driver of the vehicle is taken into custody by the police department and the vehicle would thereby be left unattended on the street.

i.       When removal is necessary in the interest of public safety because of fire, flood, storm, snow or other emergency reason.

j.       When a vehicle is found parked in a tow-away zone which is designated by the traffic engineer and which is properly signposted.

k.           when any vehicle is identified and located whose owner has failed to answer six (6) or more parking violation notices or citations regarding illegal parking.

(2)      When a vehicle is impounded under subsection (1) above, all of the following shall be done:

a.          Check to determine if the vehicle has been reported stolen.

b.          Within twenty-four (24) hours after impounding the vehicle, enter the vehicle as impounded into the law enforcement information network.

c.          Within ten (10) days, excluding Saturday, Sunday, and legal holidays, after impounding the vehicle, send a notice that the vehicle has been impounded to the owner and the secured party, if any, by certified mail.  The notice shall be on a form provided by the secretary of state and contain all of the following information:

1.        The year, make and vehicle identification number of the vehicle;

2.        The location from which the vehicle was taken into custody;

3.        The date on which the vehicle was taken into custody;

4.        The name and address of the police agency in whose custody the vehicle is being held;

5.        The location where the vehicle is being held;

6.        The procedure to redeem the vehicle;

7.        The date by which the vehicle must be redeemed;

8.        That a procedure exists to contest the impoundment of the vehicle;

9.        A warning that the failure to redeem the vehicle or to contest the impoundment of the vehicle within twenty (20) days after the date of this notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.

(3)      If the owner does not contest the impoundment of the vehicle, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.

(4)      If the owner contests the impoundment of the vehicle, the matter shall be resolved after a hearing conducted in the 75th District Court.  An owner who contests the impoundment of the vehicle may obtain release of the vehicle by posting a bond equal to the accrued towing and storage charges or by paying the towing and storage fees instead of posting the towing and storage bond.

(5)      After the disposition of the hearing described in subsection (4) above, and, if a hearing is not requested, not less than twenty (20) days after the date the notice described in subsection (2)(c), above, is sent, the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed.

(6)      A public sale shall be conducted in the following manner:

a.          It shall be under the control of a police agency.

b.          It shall be open to the public and consist of open auction bidding; provided, however, that a minimum bid may be required to cover the expenses set forth in subsection (2)(a) and (b), above, and the expenses incurred by the city in conduction of the public sale.

c.          It shall be held not less than five (5) days after public notice of the sale has been published.

d.          The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was taken into custody.  The public notice shall give a description of the vehicle for sale and shall state the time, date and location of the sale.

(7)      The money received from the public sale of the vehicle shall be applied in the following order of priority:

a.          Towing and storage charges;

b.          Expenses incurred by the police agency;

c.          To the secured party, if any, in the amount of the debt outstanding on the vehicle;

d.          Remainder to the owner.  A reasonable attempt shall be made to mail the remainder to the registered owner.  If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.

(8)      If there are no bidders on the vehicle, the police agency may do one (1) of the following:

a.          Turn the vehicle over to the towing firm to satisfy charges against the vehicle.

b.          Obtain title to the vehicle for the police agency or the unit of government the police agency represents by doing both of the following:

1.      Paying the towing and storage charges.

2.      Applying for title to the vehicle

c.          Hold another public sale pursuant to subsection (6) above.

(9)      Within two (2) days, excluding Saturday, Sunday and legal holidays, after the disposition of the vehicle, the police agency shall do both of the following:

a.          Notify the secretary of state of the disposition.

b.          Cancel the entry into the law enforcement information network described in subsection 2(b) above.

(10)  No impoundment shall be authorized from any private property.

(11)  Impoundment shall only be permitted in the case of an unattended vehicle on public property or any other place open to travel by the public.

(12)  No person shall willfully interfere with the removal of a vehicle impounded, or being impounded, pursuant to this article.  No person shall remove or attempt to remove an impounded vehicle from storage except in accordance with the procedure established by this article.

Secs. 24-59 – 24-71.   Reserved.  (Motion adopted.  Considered first reading.)

 

Zoning Petition No. 460

James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 460 – rezoning property on the east side of Dublin Avenue south of the Rail-Trail.  Dr. David Frye, President of Northwood University, gave a brief overview of what Northwood intends to do with the property.  Dr. Frye stated it was not Northwood’s intent to build or surround their residential neighbors.  David Pugsley, 4500 Dublin and Lynne Field, 4512 Dublin, spoke in opposition to the rezoning.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

ORDINANCE NO. 1483

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 COMMUNITY ZONING CLASSIFICATION WHERE AGRICULTURAL, RESIDENTIAL A-1 AND RESIDENTIAL B ZONING CLASSIFICATIONS PRESENTLY EXIST.

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 Northeast 1/4 of Section 18 and part of the Southeast 1/4 of Section 7, T14N, R2E, City of Midland, Midland County, Michigan, described as:  Beginning at a point which is South 89° 40’ 16” West, 115.50 feet along the Section line common to said Sections 7 and 18 from the East 1/8 Corner on the Section line common to said Sections 7 and 18, said 1/8 Corner being North 90° 00’ 00” West, 1341.05 feet along the East and West 1/4 line of said Section 18 and North 00° 53’ 04” East, 2635.36 feet along the East 1/8 line of said Section 18 from the East 1/4 Corner of said Section 18; thence North 01° 12’ 52” East, 189.95 feet along a line which is parallel to and 115.50 feet West of the East 1/8 line of said Section 7; thence South 89° 37’ 27” West 489.83 feet; thence South 01° 12’ 52” West 442.75 feet; thence North 80° 02’ 01” East, 137.33 feet on an intermediate traverse line along the Tittabawassee River; thence North 01° 12’ 52” East, 277.49 feet; thence North 89° 40’ 16” East, 222.20 feet along a line which is parallel to and 47.49 feet North of the Section line common to said Sections 7 and 18; thence South 09° 19’ 44” East, 269.14 feet; thence North 76° 01’ 08” East, 97.04 feet on an intermediate traverse line along the Tittabawassee River; thence North 00° 53’ 04” East, 148.00 feet to the Point of Beginning; and

That property described as:  Beginning at the intersection of the North-South 1/4 line of Section 7, T14N, R2E, City of Midland, Midland County, Michigan, and the center line of the Pere Marquette Rail-Trail; thence Northeasterly along the said Center line to the West Section line of said Section 7; thence South along the said West Section line and the West Section line of Section 18, T14N, R2E, City of Midland, Midland County, Michigan, to the intersection with the Center line of the Tittabawassee River; thence Easterly along the Center line of the Tittabawassee River to a point 1950 feet West of the West Section line of Section 18; thence North to a point 400 feet South of the south Section line of said Section 7; thence West 1050 feet; thence North 400 feet to the South Section line of Section 7; thence East along the said South Section line to the intersection of the North-South 1/4 line of Section 7; thence North along said North-South 1/4 line to the Point of Beginning; EXCEPT beginning 673 feet South of the West 1/4 Corner of Section 7; thence East 264 feet, South 330 feet, West 264 feet, North 330 feet to the Point of Beginning; and beginning 634 feet North of the West 1/4 Corner of Section 7; thence East 660 feet, North 558 feet, West 660 feet, South 558 feet to the Point of Beginning; and beginning at the West 1/4 Corner of Section 7; thence East 402.6 feet, North 280 feet, West 402.6 feet, South 180 feet to the Point of Beginning; and beginning 456 feet North of the Southwest Corner of the Northwest 1/4 of Section 7; thence East 200 feet, North 100 feet, West 200 feet, South 100 feet to the Point of Beginning; and beginning 1073 feet East and 909 feet North of the Southwest Corner of the Northwest 1/4 of Section 7; thence East 208 feet, North 210 feet, West 208 feet, South 210 feet to the Point of Beginning; and beginning at the West 1/4 Corner of Section 7; thence South 115.5 feet, East 377.14 feet, North 115.5 feet, West 377.14 feet to the Point of Beginning,

     be, and the same is hereby changed to a Community 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.  Yeas:  Black, McKeag, Wazbinski    Nays:  Coppage, Currie)

 

Time Capsule Burial

Jack Duso, Assistant City Manager, introduced Dick Touvell, Chair of the Time Capsule Committee.  Mr. Touvell, Joseph Schmidt and Kevin Guigou, all members of the Time Capsule Committee, gave a brief overview of the placement of the time capsule and requested Council approve the burial of the time capsule, the proposed time capsule marker, the inscription to be placed on the plaque and the placement of the marker.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, on March 20, 2000, the City Council approved, in concept, a request from Leadership Midland’s Time Capsule Committee to bury a Time Capsule on City-owned property and directed the Committee to come back to the City Council with a design for the above-grade structure for its approval; and

WHEREAS, the Time Capsule Committee is recommending that 3-4 rocks be placed over the capsule, along with a brass plaque on one of the rocks; and

WHEREAS, the Administrative Staff has reviewed the request and recommends approval with the following conditions:

·         The Placement of the marker must be approved by the City Engineer to ensure that it does not interfere with any underground utilities.

·         The rocks may not be placed in the right of way.

·         Liability insurance with limits of at least $1,000,000 needs to be obtained to cover the placement of the time capsule marker in addition to the digging and burial of the time capsule.  The City of Midland needs to be listed as certificate holder and additional insured.

;now therefore

RESOLVED, that the City Council hereby approves burial of the time capsule, the proposed time capsule marker, the inscription to be placed on the plaque and placement of the marker to be located on City property between City Hall and the Midland County Services Building.  (Motion adopted.  Yeas:  Black, Coppage, Currie, Wazbinski    Nays:  McKeag)

 

Winterberry Place Sidewalk Variance

James Schroeder, Director of Planning and Community Development, presented information regarding a request to waive the requirement for sidewalk along Airport Road within the plat of Winterberry Place.  Dorothy Sova, speaking on behalf of the proprietor Emery Sova, opposed the placement of sidewalk.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, a letter has been received from Emery Sova, proprietor of the plat of Winterberry Place, requesting that sidewalks along Airport Road within the plat not be required at this time; now therefore

RESOLVED, that the City Council grants a variance from Section 23-71 of the Subdivision Control Ordinance so as not to require sidewalk, at this time, along the Airport Road frontage within the plat of Winterberry Place, as provided for in Section 23-80 (3) “…the granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is located,” and conditioned upon receipt of a deposit of $3,600.00 to be held in escrow for the future construction of sidewalk at this location.  (Motion adopted.)

 

Senior Housing Carport Policy

James Schroeder, Director of Planning and Community Development, presented information on fees for carports at the City of Midland’s senior housing facilities.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the Midland City Housing Commission has recommended that a carport policy be added to the existing Policy for the Operation and Maintenance of Washington Woods and Riverside Place as attached; and

WHEREAS, the Housing Commission also recommends that two sub-sections in the Tenant Qualification Points Section of the Policy for the Operation and Maintenance of Washington Woods and Riverside Place be changed as shown on the attached; now therefore

RESOLVED, that the proposed additions and changes to the Policy for the Operation and Maintenance of Washington Woods and Riverside Place be adopted and become effective immediately.  (Motion adopted.)

 

Zoning Board of Appeals Appointment

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Stephen M. Colarelli is hereby appointed to fill an unexpired term on the Zoning Board of Appeals, said term to expire June 30, 2001 and Timothy Lichtenwald is hereby appointed as an alternate member to fill an unexpired term to expire June 30, 2002.  (Motion adopted.)

 

CHOICE Housing Development – Storage Shed Addition

James Schroeder, Director of Planning and Community Development, presented information to Council on the incorporation of storage sheds into the C.H.O.I.C.E. Housing Development.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

WHEREAS, the necessity for storage facilities for houses constructed under the City’s CHOICE (Creating Housing Opportunities in Challenging Economies) Program has been identified for the purpose of maintaining neighborhood orderliness; and

WHEREAS, the City’s Housing Commission has recommended that such storage sheds be incorporated into the CHOICE housing sales; now therefore

RESOLVED, that the City Council approves the addition of storage sheds as a part of the CHOICE housing development.  (Motion adopted.)

 

Parks and Recreation Master Plan Amendment

Martin McGuire, Director of Public Services, gave an overview of the Parks and Recreation Master Plan.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

RESOLVED, that the amendments to the 1998 Parks and Recreation Master Plan, as adopted by the Parks and Recreation Commission, be accepted.  (Motion adopted.)

 

Traffic Control Order S-00-01

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Traffic Control Order No. S-00-01 filed May 5, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Plainfield Street yield to Westbury Drive and Westbury Court

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order S-00-02

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Traffic Control Order No. S-00-02 filed May 5, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Melody Lane stop for Wilmington Drive

is hereby made permanent.  (Motion adopted.)

 


Traffic Control Order S-00-03

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Traffic Control Order No. S-00-03 filed May 5, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Robinhood Terrace shall yield to Plymouth Street

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-00-05

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Traffic Control Order No. P-00-05 filed May 5, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That all day parking (6:00 a.m. to 3:00 a.m.) be permitted on Ellsworth Street between McDonald Street and Rodd Street

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-00-06

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Traffic Control Order No. P-00-06 filed May 5, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That all day parking (6:00 a.m. to 3:00 a.m.) be permitted on Ohio Street between Tennessee Street and Swede Avenue

is hereby made permanent.  (Motion adopted.)

 

Traffic Control Order P-00-07

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that Traffic Control Order No. P-00-07 filed May 5, 2000 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That parking shall be limited to two hours duration daily on the southeast side of Ripley Street from Main Street to the northeast end of the recessed parking area

is hereby made permanent.  (Motion adopted.)

 

2000 Sidewalk Replacement Program

The following resolution was offered by Council Member Wazbinski and seconded by Council Member 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 removal and replacement of existing damaged sidewalks in the City of Midland; and

WHEREAS, funding for this project in the amount of $100,000.00 is included in the 2000-01 FY General Fund budget for Sidewalk Maintenance, “Contracted Sidewalk Construction”; and there being a $70,000.00 balance in the 2000-01 FY General Fund budget for Public Improvements, “Sidewalk Construction”; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $70,000.00 from the 2000-01 FY General Fund budget for Public Improvements, “Sidewalk Construction” to the Sidewalk Maintenance activity, “Contracted Sidewalk Construction”; and

RESOLVED FURTHER, that the sealed proposal meeting city specifications submitted by Sugar Construction Inc. of Midland, Michigan for the “2000 Sidewalk Replacement Program, Bid No. 2399”, in the amount of $169,943.50 based on city estimated quantities is accepted and the Mayor and City Clerk are authorized to execute a contract in accord with the proposal and the city specifications.  (Motion adopted.)

 

Purchase - Extended Cab, Utility Body Truck

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of an extended cab, utility body truck, Bid No. 2405; and

WHEREAS, funding for the new truck in the amount of $50,000 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Hagen Ford of Bay City, Michigan in the amount of $34,812.40 for the purchase of an extended cab, utility body truck in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase - Pumper Fire Truck

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of a Pumper Fire Truck, Bid No. 2396; and

WHEREAS, funding for the new truck in the amount of $350,000 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order for one pumper fire truck to Payette & Associates of Grosse Isle, Michigan in the net amount of $245,372.00, including trade-in of city equipment number 9-33, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase - Two Frontloading Residential Refuse Trucks

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of two frontloading residential refuse trucks, Bid No. 2404; and

WHEREAS, funding for the new trucks in the amount of $355,000 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, “Vehicles,” and additional funds in the amount of $68,500 are available within the same line item; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order for two frontloading residential refuse trucks to Great Lakes Service Center of Franklin, Michigan in the amount of $423,500.00, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Grace A. Dow Memorial Library Automation and Electronic On-Line Services

Robert Fisher, Director of Fiscal Services, presented information regarding a request from the Grace A. Dow Memorial Library to waive the requirement to obtain sealed proposals on the purchase of electronic on-line services and books and for the purchase of library automation services.  The following two resolutions were then presented for consideration.

 

Library Automation Services

The following resolution was offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the Valley Library Consortium is the only provider of the automation services the Grace A. Dow Memorial Library requires; and

WHEREAS, it is the recommendation of the Library Director and staff that the Library’s participation in the Valley Library Consortium be continued; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2000/2001 requirements for on-line automation services, including membership, terminal port connections and records database maintenance for the automated acquisition, catalog and circulation modules, from the Valley Library Consortium, is hereby approved in an amount not to exceed $105,000.  (Motion adopted.)

 

Electronic On-Line Services and Books - Library

The following resolution was offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the Gale Group of Farmington Hills, MI is the only supplier of the electronic services which the Grace A. Dow Memorial Library requires; and

WHEREAS, funding for these services is provided in the Library’s materials budget; now therefore

RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accordance with Section 2-18 of the Code of Ordinances the requirement for sealed proposals is hereby waived and the purchase of electronic on-line services and books from the Gale Group of Farmington Hills, MI is hereby approved for the 2000/2001 fiscal year at a cost not to exceed $51,000.  (Motion adopted.)

 

Barstow Airport Taxiway 6-24 Pavement Rehabilitation – MDOT Contract

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, Construction Contract No. FM 56-1-C32 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of the construction contract with Pyramid Paving Company for the reconstruction of Taxiway 6-24 at Barstow Airport; and

WHEREAS, the City of Midland approved a contract with MDOT on July 17, 2000 to approve funding for said work; and

WHEREAS, the City of Midland is desirous of having said Taxiway 6-24 reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Construction Contract No. FM 56-1-C32 with Pyramid Paving Company of Essexville, Michigan and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 

Lucent Telephone System – Fire Department

Daniel Hargarten, Fire Chief, presented information regarding a request to purchase a Lucent Telephone System for the Fire Department.  The Lucent Telephone System is compatible with the current City telephone system.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

WHEREAS, Lucent Technologies is the only provider of a telephone system that is compatible with that of most of the City facilities; and

WHEREAS, it is the recommendation of the Fire Chief and staff that the Fire Department telephone system be manufactured by Lucent Technologies; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and authorizes the Purchasing Agent to issue a purchase order in the amount of $21,141.74 to Lucent Technologies for a Lucent telephone system for the Fire Department.  (Motion adopted.)

 

Request for Amplified Sound – Musicians Party

The following resolution was offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the request from Rick Allen, owner of Mid-Michigan Music, for amplified sound during a “Musicians Party” to be held near the Farmers Market/Tridge area from 7:00 p.m. – 10:00 p.m. on Tuesday, August 8, 2000, is hereby approved subject to the following conditions:

(Motion adopted.)

 

Federal Water Pollution Control Act

Jack Duso, Assistant City Manager, presented a report on proposed amendments to the Federal Water Pollution Control Act.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

RESOLVED, that the City Manager is hereby authorized and directed to prepare and send a letter expressing the City of Midland’s support for H. R. 828 and S. 914 to Congressman Dave Camp, Senator Spencer Abraham, and Senator Carl Levin.  (Motion adopted.  Yeas:  Black, Currie, McKeag, Wazbinski    Nays:  Coppage)

 

NEW BUSINESS

 

Council requested that staff prepare a draft ordinance regarding size and usage of political signs. 

 

Being no further business the meeting adjourned at 9:41 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk