August 14, 2000

 

A regular meeting of the City Council was held on Monday, August 14, 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

Council members absent:

Marty Wazbinski (excused)

 

 

Visiting Students from Midland’s Sister City, Handa, Japan

Visiting students Satoshi Sakakibara, Sayaka Uozumi and Kaorl Nakam from Handa, Japan, Midland’s Sister City, were introduced and welcomed by Mayor Black.

 

Minutes

Approval of the minutes of the July 24, 2000 regular meeting was offered by Council Member Coppage and seconded by Council Member McKeag.  (Motion adopted.)

 

2000 Lee Sanitary Sewer Improvement

Brian McManus, City Engineer, presented information regarding the special assessment district for the 2000 Lee Sanitary Sewer Improvement, Water Main Improvement and Street Improvement.  A public hearing was opened for the 2000 Lee Sanitary Sewer Improvement Special Assessment District at 7:16 p.m.  Steven Rapanos, 1925 E. Wheeler, President of A.V. Builders, Inc., petitioner of the project, appeared in front of Council to support the project.  The hearing closed at 7:18 p.m.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated July 17, 2000, said street being:

      LEE STREET         from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

and has heretofore established one special assessment district designated:

     “2000 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 14, 2000, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Lee Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of thirty-one thousand dollars ($31,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be nine thousand six hundred sixty and 08/100 dollars ($9,660.08) and that all other costs and expenses of said improvement amounting to twenty-one thousand three hundred thirty-nine and 92/100 dollars ($21,339.92) shall be borne and paid by special assessment on all lands and premises in said 2000 Lee Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2000 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2000 Lee Sanitary Sewer Improvement Special Assessment District

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2000 LEE SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-eighth day of August, 2000, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-eighth day of August, 2000, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2000 Lee Water Main Improvement

A public hearing opened at 7:19 p.m., no comments were made, the hearing closed at 7:20 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the City Council has given due notice of its intention to install a water main in a certain street, said improvement being more particularly described in a resolution dated July 17, 2000, said street being:

      LEE STREET         from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

and has heretofore established one special assessment district designated:

     “2000 LEE WATER  MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT ”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 14, 2000, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a water main on Lee Street, is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of fourteen thousand dollars ($14,000.00) and that the proportion of the cost and expense to be borne and paid by the City at large shall be one thousand one hundred thirty-nine and 30/100 dollars ($1,139.30) and that all other costs and expenses of said improvements amounting to twelve thousand eight hundred sixty and 70/100 dollars ($12,860.70) shall be borne and paid by special assessment on all lands and premises in said 2000 Lee Water Main Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2000 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2000 Lee Water Main Improvement Special Assessment District

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2000 LEE WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-eighth day of August, 2000, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-eighth day of August, 2000, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2000 Lee Street Improvement

A public hearing opened at 7:21 p.m., no comments were made, the hearing closed at 7:22 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the City Council has given due notice of its intention to improve a certain street, said improvement being more particularly described in a resolution dated July 17, 2000, said street being:

     LEE STREET         from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision

and has heretofore established one special assessment district designated:

“2000 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 14, 2000, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the improvement of Lee Street is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of sixty-one thousand five hundred dollars ($61,500.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be eight thousand one hundred four and 56/100 dollars ($8,104.56) and that all other costs and expenses of said improvement amounting to fifty-three thousand three hundred ninety-five and 44/100 dollars ($53,395.44) shall be borne and paid by special assessment on all lands and premises in said “2000 Lee Street Improvement Special Assessment District” heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

“2000 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvements, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2000 Lee Street Improvement Special Assessment District

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2000 LEE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Street Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-eighth day of August, 2000, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-eighth day of August, 2000, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2000 Patrick Sanitary Sewer Improvement

Brian McManus, City Engineer, presented information regarding the 2000 Patrick Sanitary Sewer Improvement.  A public hearing opened at 7:25 p.m., no comments were made, the hearing closed at 7:26 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in a certain street, said improvement being more particularly described in a resolution dated July 17, 2000, said street being:

      PATRICK ROAD    from Waldo Avenue to 600 feet east then north on private property

and has heretofore established one special assessment district designated:

     “2000 PATRICK SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT           DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, August 14, 2000, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of a sanitary sewer on Patrick Road is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of fifty-eight thousand four hundred dollars ($58,400.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be thirty-eight thousand five hundred seventy-three and 20/100 dollars ($38,573.20) and that all other costs and expenses of said improvement amounting to nineteen thousand eight hundred twenty-six and 80/100 dollars (19,826.80) shall be borne and paid by special assessment on all lands and premises in said 2000 Patrick Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

     “2000 PATRICK SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT           DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion adopted.)

 

2000 Patrick Sanitary Sewer Improvement Special Assessment District

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

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2000 PATRICK SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-eighth day of August, 2000, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-eighth day of August, 2000, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962.  (Motion adopted.)

 

2000 Sidewalk Improvement Special Assessment District

Brian McManus, City Engineer, presented information on the 2000 Sidewalk Improvement Special Assessment District.  A public hearing opened at 7:33 p.m., no comments were made, the hearing closed at 7:34 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of certain sidewalk improvements on the "2000 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $21,924.00 and that the total estimated cost of said improvements is $41,257.00, and the City at large cost is $19,333.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 2001, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest.  (Motion adopted.)

 

2000 Sidewalk Improvement Program – Contract No. 17

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of sidewalks at various locations within the City of Midland; and

WHEREAS, funding for the 2000 Sidewalk Improvement Program is provided by the General Fund and Special Assessments (Account No. 408-9010-901.97-02, Project No. SD0001); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2000 Sidewalk Improvement Program; Contract No. 17", in the indicated amount of $57,225.00, 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.)

 

Zoning Petition No. 461

Mark Ostgarden, City Planner, presented material on Zoning Petition No. 461 - rezoning property on the east side of Kuipers Drive south of Bay City Road from Residential D to Residential B.  A public hearing opened at 7:40 p.m., no comments were made, the hearing closed at 7:41 p.m.  The following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member Currie:

 

ORDINANCE NO. 1484

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL B ZONING CLASSIFICATION WHERE RESIDENTIAL D ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

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

That property described as:  Beginning 100 feet North of the Southeast corner of the Northeast 1/4 of the Southwest 1/4 of Section 24; thence North 485 feet, West 256.01 feet, South 485 feet, East 252.57 feet to the Point of Beginning,

be, and the same is hereby changed to a Residential B District; and

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.)

 

PUBLIC COMMENTS

No comments were made.

 

Uniform Traffic Code Amendment

James Branson, City Attorney, presented information on an ordinance amendment to Chapter 24, Article II (Uniform Traffic Code), III (Auto Parking System), IV (Parking Violations Bureau) and V (Impoundment of Vehicles).  The following ordinance amendment was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

ORDINANCE NO. 1485

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. Amendments to Uniform Traffic Code adopted.

     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. 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. 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. 8.13a.  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 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 a bank duly qualified to do business in Michigan, in an account to be designated Automobile Parking 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. 

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. 24-32 – 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 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.

                    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.  (Ordinance adopted.)

 

Temporary Ice Rink at Midland Civic Arena

Martin McGuire, Director of Public Services, presented a staff report on the request for a third sheet of ice at the Midland Civic Arena.  Paul Wright, Chairman of the Midland Civic Arena Development Group, gave a brief presentation on the use of the Midland Civic Arena.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Coppage:

 

WHEREAS, the City staff and the Civic Arena Development Group have investigated the need for a third ice surface at the Midland Civic Arena; and

WHEREAS, the City’s consultant, JRV Associates of Ann Arbor, has concluded that there is sufficient current and future demand to warrant building of a third ice surface in Midland; and

WHEREAS, funding for a permanent third ice surface is not available at this time; and

WHEREAS, the Civic Arena Development Group has proposed funding of a temporary third rink on land to be leased from the City and with an agreement for the City to operate the rink; now therefore

RESOLVED, that the staff is hereby directed to work with the Civic Arena Development Group to present both a lease agreement and an operating agreement to the City Council for consideration at its meeting of August 28, 2000.  (Motion adopted.)

 

Lease Agreement With the Midland County Council on Aging

James Branson, City Attorney, presented information on a proposed lease agreement between the City of Midland and the Midland County Council on Aging for lease of property for the construction of a new consolidated service center.  Roger Kesseler, on behalf of the Midland County Council on Aging (MCCA) supported the lease agreement.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City of Midland desires to enter into a lease with the Midland County Council on Aging (MCCA) to lease property the City owns on Dublin and Saginaw Roads to the MCCA for a new consolidated service center; and

WHEREAS, the City Manager and City Attorney have negotiated the attached draft lease agreement with the MCCA; now therefore

RESOLVED, that the City Council hereby approves the attached lease agreement; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized and directed to execute this proposed lease on behalf of the City of Midland.  (Motion adopted.)

 

Aviation Advisory Commission Resignation

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

 

RESOLVED, that the resignation of William C. Pearsey as a member of the Aviation Advisory Commission is hereby accepted; and

RESOLVED FURTHER, that the administration is hereby directed to convey the Council’s appreciation to Mr. Pearsey for his service on this important Commission.  (Motion adopted.)

 

Aviation Advisory Commission Appointment

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

 

RESOLVED, that Stuart Bergstein is hereby appointed as the Pilot Representative to fill an unexpired term on the Aviation Advisory Commission, said term to expire June 30, 2002.  (Motion adopted.)

 

Planning Commission Resignation

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

 

RESOLVED, that the resignation of James Young as a member of the Planning Commission is hereby accepted; and

RESOLVED FURTHER, that the administration is hereby directed to convey the Council’s appreciation to Mr. Young for his willingness to serve on this important Commission.  (Motion adopted.)

 

Planning Commission Appointment

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

 

RESOLVED, that Daniel Kozakiewicz is hereby appointed as a citizen at large member to the Planning Commission to fill an unexpired term to expire June 30, 2003.  (Motion adopted.)

 

Joint Training Project with Midland Public Schools

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

 

WHEREAS, the Midland Public Schools administration has requested a joint program with the City of Midland by having students in the Residential and Commercial Building Maintenance Classes practice maintenance at city facilities; and

WHEREAS, such participation will result in the training of students in skills beneficial to both the students and the community; and

WHEREAS, the joint program will use city facilities as training sites; and

WHEREAS, the locations are Washington Woods, Riverside Place, the Civic Arena and the Midland Public School’s Building Trades House to be constructed jointly by the City and the Midland Public Schools; now therefore

RESOLVED, that the Midland City Council hereby endorses this student participation in the City facilities, and directs the administration to develop the necessary procedures for carrying this program forward; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Building Maintenance Program Agreement between the City of Midland and the Midland Public Schools for this purpose.  (Motion adopted.)

 

Delegates to Municipal Employees Retirement System Annual Meeting

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

 

RESOLVED, that Robert Fisher be appointed delegate and Dennis Morgan be appointed alternate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 20 through 22, 2000.  (Motion adopted.)

 

Michigan Municipal League Workers’ Compensation Fund Election

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

 

RESOLVED, that the City Manager is hereby authorized and instructed to complete the official ballot of the Michigan Municipal League Workers’ Compensation Fund by voting for five persons listed on the ballot.  (Motion adopted.)

 

Annual Surplus Equipment Auction

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

 

RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the “2000 Auction List” attached as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to conduct an auction to sell the surplus equipment at the Municipal Service Center on Saturday, September 16, 2000.  (Motion adopted.)

 

Consumers Energy Easement – Currie Golf Course

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an easement which will allow Consumers Energy to maintain a relocated power line on Currie Golf Course.  (Motion adopted.)

 

Accounts Receivable Roll Amendment

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

 

WHEREAS, the City Council adopted a resolution at a regular meeting of the City Council held Monday, June 12, 2000 that the accounts receivable roll in the amount of $6,046.11 be transferred to the 2000 General Fund Tax Roll; and

WHEREAS, the City Council adopted a resolution at a regular meeting of the City Council held Monday, June 26, 2000 that the accounts receivable roll be amended by adding $903.34 with the amended roll being $6,949.45; and

WHEREAS, the correct amount of the accounts receivable roll to be transferred to the 2000 General Fund Tax Roll is $7,049.45; now therefore

RESOLVED, that the amended accounts receivable roll be amended by adding $100.00 with the new amended roll being $7,049.45; and

RESOLVED FURTHER, that the current accounts receivable listed herein be transferred to the 2000 General Fund Tax Roll Accounts Receivable.  (Motion adopted.)

 

Larkin Street Parking Structure Second Floor Lease Renewal

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

 

WHEREAS, the City of Midland entered into a lease agreement with the Downtown Office Center Limited Partnership on November 8, 1989, for the lease of the entire second floor of the Larkin Parking Structure to commence on November 1, 1990 and expiring at midnight on October 31, 2000; and

WHEREAS, Midland Ventures Company, General Partnership, in accord with the lease agreement has submitted its intent to exercise its renewal option pursuant to Section 2.2 of the lease agreement which allows the Lessee to one (1) successive renewal for a term of ten (10) years upon the same terms and conditions with the exception of the renewal rate; and

WHEREAS, the Downtown Office Center Limited Partnership has agreed to pay a minimum annual rental of Twenty Seven Thousand Six Hundred Dollars ($27,600) to be adjusted annually by the City Clerk beginning November 1, 2001 and each year thereafter on November 1st according to the September Consumer Price Index (CPI-U for Detroit, Ann Arbor and Flint, Michigan, for all items) until termination of lease with said rent payable in equal monthly installments of Two Thousand Three Hundred Dollars ($2,300) in advance beginning November 1, 2000, with monthly installments to be adjusted based on the adjusted rental; now therefore

RESOLVED, that the Renewal and Amendatory Agreement between the City of Midland and the Downtown Office Center Limited Partnership for the lease of the entire second floor of the Larkin Parking Ramp is hereby approved for a term to commence on November 1, 2000 through October 31, 2010; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the Renewal and Amendatory Agreement between the City of Midland and the Downtown Office Center Limited Partnership for the lease of the second floor of the Larkin Parking Ramp.  (Motion adopted.)

 

Purchase – Materials and Processing Services

Robert Fisher, Director of Fiscal Services, presented information on a request from the Grace A. Dow Memorial Library to waive bids and allow purchases of material and processing services and periodical subscriptions.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, Brodart, Inc. provides necessary and valuable services to the Library; and

WHEREAS, funding for these services is provided in the Library’s general fund; 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 services from Brodart, Inc. is hereby approved for the 2000/2001 fiscal year at a cost not to exceed $400,000.  (Motion adopted.)

 

Purchase – Periodical Subscriptions

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

 

WHEREAS, it is the recommendation of the Library Director and staff that the Library purchase its periodical subscriptions from EBSCO Information Services; 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 periodical subscriptions from EBSCO Information Services is hereby approved for the 2000/2001 fiscal year at a cost not to exceed $50,000.  (Motion adopted.)

 

Purchase – Two Tilt-Cab Dump Trucks

The following resolution was offered by Council Member Coppage 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 Tilt-Cab Dump Trucks, Bid No. 2406; and

WHEREAS, funding for the new trucks in the amount of $68,000 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 Martin Chevrolet of Saginaw, Michigan in the net amount of $51,470.00 for the purchase of two tilt-cab dump trucks, including trade-in of city equipment numbers 3-06 and 3-29, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Currie Clubhouse Contract With Dow-Howell-Gilmore

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

 

RESOLVED, that the Mayor and City Clerk are authorized to execute a contract with Dow-Howell-Gilmore for design services in connection with the Currie Golf Course Clubhouse project in an amount not to exceed $77,000.  (Motion adopted.)

 

2000 Pavement Marking Program – Contract No. 16

The following resolution was offered by Council Member Coppage 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 annual pavement marking of major streets; and

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

RESOLVED, that the low sealed proposal submitted by Clark Highway Services, Inc. of Lake City, Michigan, for the "2000 Pavement Marking Program; Contract No. 16", in the indicated amount of $23,786.00, 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 this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Purchase – Brass Water Service Fittings

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

 

WHEREAS, sealed proposals (Bid No. 2414) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Brass Water Service Fittings for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Inventory Account; now therefore

RESOLVED, that the low sealed proposal submitted by SLC Meter Service of Waterford, Michigan, for the indicated amount of $25,732.76, is hereby accepted and a purchase order authorized.  (Motion adopted.)

 

Payment Authorization for Appraisal Services

Mayor Black requested that Council allow him to abstain from voting on the payment to Walsh & Associates, Inc. for contracted appraisal services in the defense of the assessment appeal by the Midland Cogeneration Venture.  Mayor Black, a partner in the law firm of Riecker, VanDam, Barker & Black, P.C., stated that Midland Cogeneration Venture has been a client of the firm.  Council agreed to the abstention.  Mayor Black handed the gavel to Councilman Coppage.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the Midland Cogeneration Venture (MCV) appealed the 1997, 1998, 1999 and 2000 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firm of Walsh and Associates, Inc. has been utilized in assisting the City of Midland in its defense of said appeal; and

WHEREAS, on December 6, 1999, Council authorized payments to Walsh & Associates, Inc. for the aforementioned services in a total amount not to exceed $50,000; and 

WHEREAS, the cost of said services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

WHEREAS, sufficient budgetary funding exists within the MCV Tax Appeal activity of the 2000-2001 General Fund Budget; now therefore

RESOLVED, that authorization for payment to the appraisal firm of Walsh and Associates, Inc. for its assistance in connection with the aforementioned appeal is hereby increased to an amount not to exceed $100,000.  Councilman Coppage returned the gavel to Mayor Black.  (Motion adopted.   Yeas: Coppage, Currie, McKeag    Nays: None    Abstained:  Black) 

 

Street Vacation - Eastman Avenue

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

 

WHEREAS, the Midland City Council has initiated action to vacate Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets, a part of Carpenter and Hines Addition to the City of Midland, as recorded in Liber A, Pages 1, 2, and 25 of Plats, Midland County Records, referred the matter to the Midland City Planning Commission, and the City Engineer for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending approval of the street vacation; and

WHEREAS, a report has been received from the City Engineer indicating no objection to the vacation request, subject to the retention of an easements for utilities; and

WHEREAS, a report has been received from the Director of Public Utilities recommending the subject vacation, subject to the retention of rights-of-way for existing utilities; now therefore

RESOLVED, that the Midland City Council deems it advisable to consider the vacation, discontinuance, and abolishment of Eastman Avenue from the corner of Ripley and Ellsworth Streets to the corner of Larkin and Jerome Streets; and

RESOLVED FURTHER, that the 11th day of September, 2000, at 7:00 p.m., is hereby appointed as the date and time the Midland City Council shall meet in the Council Chambers of City Hall in the City of Midland for the purpose of hearing any objections, suggestions, or recommendations concerning the vacation of said right-of-way, and that the City Clerk shall give notice of such hearing by causing a notice thereof, with a copy of this resolution, to be published in the Midland Daily News once each week for not less than three (3) weeks before the time appointed for such hearing; and

RESOLVED FURTHER that objections to such proposed action of the Council may be filed with the Clerk, in writing, at any time prior to the opening of the public hearing.  (Motion adopted.)

 

Zoning Petition No. 462

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 11, 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 AN OFFICE-SERVICE 2 DISTRICT 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:  Lots 2, 3, 4, 5, and 6, Block A, Reinhart’s Addition to the City of Midland,

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. 463

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 11, 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 RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-1 DISTRICT 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:  That part of Block 83, Midland City Original Plat, bounded by Eastman Avenue, Ripley Street and Larkin Street,

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. 464

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 25, 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 RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE A RESIDENTIAL A-1 DISTRICT 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:  Lots 3 – 12 of Edwards Subdivision,

be, and the same is hereby changed to a Residential A-4 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. 465

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 25, 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 RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

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

That property described as: A part of Section 31, T15N, R2E, Midland County, Michigan, described as:  The North 1/2 of the Northeast 1/4 of Section 31 lying west of Sturgeon Creek, excepting commencing 1293.31 feet West of the North 1/8 corner on the East Section line; thence North 41° 37’ West 111.31 feet, South 78° 12’ West 97.24 feet, South 28° 23’ West 71.71 feet, East 203.31 feet to the Point of Beginning,

be, and the same is hereby changed to a Residential A-4 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. 466

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 11, 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 RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE A BUSINESS B-2 ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

That property described as:  Beginning 153 feet South of the Northwest Corner of the Northeast 1/4 of the Northeast 1/4 of Section 24, T14N, R1E, City of Midland, Midland County, Michigan; thence East 153 feet, South 60 feet, West 153 feet, North 60 feet to the Point of Beginning,

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

Section 2.  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

Zoning Petition No. 468

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 25, 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 RESIDENTIAL B ZONING CLASSIFICATION WHERE A RESIDENTIAL D DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

That property described as:  Beginning at a point which is the intersection of the South 1/8 line and the West right-of-way line of the railroad, said point being South 00° 30’ 49” West, 1317.98 feet along the North-South 1/4 line and South 89° 19’ 48” West, 100.00 feet along the South 1/8 line from the Center of said Section 24, T14N, R2E, City of Midland, Midland County, Michigan; thence North 97 feet; thence West 252.67 feet; thence South 97 feet; thence South 00° 08’ 08” West, 33.82 feet along the East right-of-way line of Kuipers Drive extended; thence South 71° 14’ 35” East, 30.52 feet; thence South 46° 32’ 15” East, 157.08 feet; thence South 71° 45’ 21” East, 46.31 feet; thence South 36° 29’ 58” East, 39.72 feet; thence North 88° 27’ 02” East, 39.74 feet; thence North 00° 30’ 49” East, 199.99 feet along said West railroad right-of-way line to the Point of Beginning,

be, and the same is hereby changed to a Residential B 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.)

 

NEW BUSINESS

Councilman Coppage expressed his appreciation to staff for dealing with disturbances in Grove Street Park, complimented staff and contractors on the paving of N. Saginaw Road, and gave a brief overview of the Let Local Votes Count petition drive.

 

Councilman McKeag requested that an Adopt-A-Street public information program be developed.

 

Being no further business the meeting adjourned at 8:51   p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk