March 19, 2001

 

A regular meeting of the City Council was held on Monday, March 19, 2001, 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 March 5, 2001 special and regular meetings was offered by Council Member Coppage and seconded by Council Member McKeag.  (Motion adopted.)

 

2001 Boards and Commissions Recruitment Process Presentation

Jill Liberto, Assistant Communications Coordinator, presented a recruitment campaign developed by city staff for recruitment of citizens to fill vacancies on the City of Midland’s Boards and Commissions.  Interviews of applicants for Boards and Commissions will take place on Monday, May 14, 2001, at 7:00 p.m.

 

2000 City Safety Program Progress Report

Gussie Peterson, Employee Safety and Health Manager, presented the 2000 progress report on the City’s safety program.

 

Zoning Petition No. 475

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 475 – zoning property on the east side of Dublin Road north of Airport Road to Residential A-1.  A public hearing was opened at 7:35 p.m., no comments were made, the hearing closed at 7:36 p.m.  The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

ORDINANCE NO. 1496

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

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

That property described as: Commencing at a point 804 feet South of the West 1/4 corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 300 feet; thence North 240 feet, more or less, to a point located 748 feet North of the South 1/8 line of said Section 31; thence West 300 feet; thence South to the Point of Beginning, and

That property described as:  Commencing 396 feet East of the West 1/4 corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan; thence East 1634 feet along the East and West 1/4 line; thence South 604.00 feet; thence South 88° 06’ 05” West 300.16 feet; thence South 691.62 feet, more or less, to the South 1/8 line of said Section 31; thence West 1430 feet along said South 1/8 line; thence North 748 feet; thence West 300 feet; thence North 229.21 feet; thence East 396 feet; thence North 330 feet to the Place of Beginning.  EXCEPT, commencing 330 feet South of the West 1/4 corner of Section 31, T15N, R2E; thence East 396 feet; thence South 165 feet; thence West 396 feet; thence North 165 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.  (Ordinance adopted.)

 

PUBLIC COMMENTS

Thomas Yanz, 2912 Riggie Street and an employee of the City of Midland Finance Department, appeared before Council to request approval of a resolution that would allow Mr. Yanz to purchase one year and three months of “Generic” time towards his City of Midland retirement credit.  Mr. Yanz is a member of the Midland Municipal Employees Association.  Mayor Black stated because Mr. Yanz is represented by a union it would not be legal for Council to become involved.  Mayor Black also stated if Council should become involved it could be considered an unfair labor practice.

 

Library Board Ordinance (1st reading)

Melissa Barnard, Grace A. Dow Memorial Library Director, presented information on a first reading of an ordinance that would establish an advisory body to the City Council to be known as the Library Board.  Introduction and first reading of the following ordinance to establish the Library Board was then offered by Council Member Coppage and seconded by Council Member Currie:

 

ORDINANCE NO. ____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE WHICH NEW ARTICLE SHALL BE DESIGNATED AS ARTICLE I OF CHAPTER 14 THEREOF.

The City of Midland Ordains:

Section 1.        Article I of Chapter 14 is hereby added to read as follows:

Article I.  In General

            Section 14-1.  Library board – Created.

There is hereby established an advisory body to the city council to be known as the library board.

       Section 14-2.  Same – Composition.

       The board shall consist of seven (7) voting members appointed by the city council.  The membership shall include the following representation:  one (1) member shall be a resident of a township that contracts with the city of midland for library services and one (1) shall be an administrator/employee from the midland public schools.  The remaining five (5) members shall be residents of the city of midland and serve as at-large representatives.  The library director shall be an ex-officio member of the board with no voting privileges.

       Section 14-3.  Same – Term of office.

       Each member of the board shall be appointed for a term of three (3) years commencing on July 1 except that the members first appointed shall begin their terms immediately with three (3) of said members being appointed for terms ending June 30, 2004, two (2) of said members being appointed for terms ending June 30, 2003, and two (2) members being appointed for terms ending June 30, 2002.

       Section 14-4.  Same – Organization, meetings.

       The board shall select one of its voting members as chair and one for vice-chair for a one (1) year term.  The ex-officio member shall be designated as secretary.  The board may adopt such rules as it deems necessary for the transaction of its business.  The board will meet as often as necessary with at least one meeting each calendar quarter and all of its meetings shall be open to the public.

Section 14-5.  Same – Duties.

       The board will have the following duties.

1.     Advise the city council regarding written library user policies.

2.     Respond to requests from the library director.

3.     Study and provide recommendations to the city council on the development of library service plans.

4.     Encourage the use of the library among residents of the service area.

5.     Encourage suggestions and review comments from the public regarding library services.

6.     Report to the city council annually.

7.     Perform other such functions as the city council may direct.

       Section 14-6.  Enactment of library rules.

       The city council shall establish by resolution such rules and regulations relative to the general control, supervision and use of the library as shall be deemed necessary or advisable.

       Section 2.  This ordinance shall become effective upon publication.

(Motion adopted.  Considered first reading.)

 

Parking Meter Rates Ordinance

Penny Kovacevich, City Clerk/Treasurer, presented information on a first reading of an ordinance that would establish the City of Midland Parking Meter Rates Ordinance.  Introduction and first reading of the following ordinance was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDAND, MICHIGAN, BY ADDING A NEW ARTICLE TO BE DESIGNATED AS ARTICLE X SECTION 21-153 OF CHAPTER 21 THEREOF AND ENTITLED “PARKING METER RATES”.

The City of Midland Ordains:

Section 1.        Article X Section 21-153 of Chapter 21 is added to read as follows:

CHAPTER 21

ARTICLE X.  PARKING METER RATES

Sec.  21-153.  Parking Meter Rates

            Fees charged for parking at meters within the City of Midland shall be:

$ .10 per ½ hour

$ .20 per  1 hour

Section 2.        This Ordinance shall take effect on July 2, 2001

(Motion adopted.  Considered first reading.)

 

Advanced Payment Districts Ordinance (1st reading)

Jack Duso, Assistant City Manager, presented information on a first reading of an ordinance amending Section 20-56 of Article III of Chapter 20 of the Code of Ordinances pertaining to advance payment districts.  Introduction and first reading of the following ordinance was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. ___

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 20-56 OF ARTICLE III OF CHAPTER 20 THEREOF.

The City of Midland Ordains:

Section 1.        Section 20-56 is hereby amended to read as follows:

           Sec. 20-56.  When water or sewer system improvement is petitioned by persons owning less than all property in district.

           Sections 20-51 through 20-55 shall also apply in the case when a water system or sewer system improvement shall be petitioned by a person or persons owning less than all of the property in such district.  In that event one hundred (100) percent of the total estimated cost and expense shall be deposited with the city treasurer.  Any property owner not having participated in the one hundred (100) percent deposit who shall later make a connection to a water main or sanitary sewer within the district shall pay a connection fee, on the basis of the cost per front foot of the improvement for the year in which the improvement is made or for the year in which the connection is made, whichever is the lesser, in addition to the standard tap-in fees, EQUAL TO ONE-HALF  (1/2) THE COST OF CONSTRUCTION OF AN EIGHT-INCH WATER MAIN IN THE CASE OF A WATER MAIN CONNECTION, OR ONE-HALF (1/2) THE COST OF A TEN-INCH SANITARY SEWER IN THE CASE OF A SANITARY SEWER CONNECTION, INDEXED TO THE YEAR OF CONSTRUCTION USING THE ENGINEERING NEWS RECORD, “THE CONSTRUCTION COST INDEX,” AND CALCULATED BY THE CITY ENGINEER ON A FRONT FOOT BASIS, BEFORE SUCH CONNECTION IS MADE.  THE PROPERTY OWNER MAY CHOOSE TO PAY THIS FEE IN FIVE (5) INSTALLMENTS, THE FIRST INSTALLMENT BEING DUE AT THE TIME OF CONNECTION, AND THE DEFERRED INSTALLMENTS BEING DUE ANNUALLY THEREAFTER, WITH INTEREST ACCUMULATING AT THE RATE OF THE MOST RECENT RATE ESTABLISHED BY THE CITY COUNCIL FOR ANNUAL PAYMENTS OF SPECIAL ASSESSMENTS.  IN SUCH EVENT, THIS CHARGE SHALL CONSTITUTE A LIEN ON THE PREMISES SUBJECT THERETO.  Such addition to the standard tap-in fee shall be paid by the City to the person or persons having made the one hundred (100) percent deposit referred to herein.

Section 2.        This ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

UTC – Ordinance Preamble Amendment (1st reading)

James Branson, City Attorney, presented information on a first reading of an ordinance amending the preamble of Ordinance No. 1485.  Introduction and first reading of the following ordinance amending the preamble of Ordinance No. 1485 was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

ORDINANCE NO. ________

ORDINANCE NO. 1485

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 24-11 AND SECTION 24-13 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.  (Motion adopted.  Considered first reading.)

 

Recreation Program Fee Amendments

Martin McGuire, Director of Public Services, presented information on the second reading of ordinances that would amend fees for the Civic Arena and Golf Course. 

John Jossi, 5316 Gardenbrook Drive, spoke in opposition to the proposed increase in golf course fees, feeling that the 8% and 9% increase was excessive.  Paul Handt, 5101 Highridge Court, disagreed with the rate increases.  Mr. Handt compared the cost of buying an annual pass versus paying daily.  He indicated that if rates continue to increase every year the annual passes would be eliminated in four or five years.  Mr. Handt suggested that the rate increase be 4% or 5% for both daily fees and annual passes.  Ronald Dutcher, 5004 Farnsworth Drive, felt he received his money’s worth using the golf course.  He complimented the current greens keeper Dave Rossman and his staff on the exemplary job of maintenance of the golf course grounds.  Scott Brady, 1430 Dilloway Drive, spoke in favor of the proposed increases.  The following two ordinance amendments were then presented for consideration.

 


Civic Arena Fees Ordinance

The following ordinance amending Civic Arena fees was offered by Council Member Currie and seconded by Council Member Coppage:

 

ORDINANCE NO. 1497

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                        DIVISION 1.  CIVIC ARENA

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

               (1)     Individual Ice Skaters                        $       2.50     per session

               (2)     Skating Pass (25 Admissions)         $     50.00     per pass

               (3)     Skate Rental                                     $       1.50     per session

               (4)     Rink Rental                                       $   112.00     per hour

               (5)     Rink Rental (M-F, 8am-2pm)           $     80.00     per hour

               (6)     Summer Rink Rental                        $   129.00     per hour

               (7)     Non-Ice Rental (Full Building)           $1,250.00     per day

               (8)     Non-Ice Rental (1/2 Building)            $   625.00     per day

               (9)     Non-Ice Rental (1/4 Building)            $   350.00     per day

Section 2.        This Ordinance shall take effect on March 20, 2001.  (Ordinance adopted.)

 

Golf Course Fees Ordinance

The following ordinance amending Golf Course fees was offered by Council Member McKeag and seconded by Council Member Wazbinski:

 

ORDINANCE NO. 1498

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                      DIVISION 2.  GOLF COURSE

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

  (1)      Regular: 9-hole                                                       $      9.50      per play

  (2)      Regular: 18-hole                                                     $    17.00      per play

  (3)      Senior: 9-hole (7:00 a.m.- 3:00 p.m., M - F)           $      6.50      per play

  (4)      Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F)        $    11.25      per play

  (5)      Twilight golf                                                             $      6.50      per play

  (6)      Winter rate (November 1 – March 1)                      $      5.00      per day

  (7)      Regular: Par 3                                                        $      4.50      per play

  (8)      Senior and youth: Par 3                                          $      3.00      per play

  (9)      20-play pass                                                           $  180.00      per pass

(10)      Regular: Single season pass                                 $  450.00      per pass

(11)      Regular: Double season pass                                $  720.00      per pass

(12)      Senior: Limited and league single season pass    $  350.00      per pass

(13)      Senior: Limited and league double season pass   $  530.00      per pass

(14)      Senior: Limited single season pass                       $  300.00      per pass

(15)      Senior: Limited double season pass                      $  480.00      per pass

(16)      Trail Fee (Private carts, when owner or members
      of immediate family is present)
      9-Hole                                                                     $      1.00      per play

            18-Hole                                                                   $      2.00      per play

            Season Pass                                                          $    90.00      per pass

Section 2.        This Ordinance shall take effect on March 20, 2001.  (Ordinance adopted.)

 

SARA – Special Assessment District

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

 

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications and diagrams) on the request for the establishment of the 2001 Special Assessment District for the Shopping Area Redevelopment District.  (Motion adopted.)

 

Site Plan No. 201 – Granite Club Acres

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 201 for Granite Club Acres.  James Pappas, Granite Club Project Engineer from Fusco, Shaffer & Pappas, Inc., speaking on behalf of the Affordable Housing Alliance, appeared before Council to answer any questions or concerns of the Council.  William Doxie, from the Michigan Capital Fund for Housing representing the Affordable Housing Alliance, indicated the request for financing the project will go through MSHDA.  John Zimmerman, 2825 Chippewa Lane and Gordon Hall, 9 Crescent Court, spoke on the success of another Affordable Housing Alliance project – Grove Street Commons and requested that Council vote favorably on the Granite Club Acres Project.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 201, the request of Fusco, Shaffer & Pappas, Inc., on behalf of the Affordable Housing Alliance, for site plan review and approval of Granite Club Acres, a residential development of 11 townhouses (one 5-unit building and one 6-unit building) on .92 acres at the north end of Gerald Court extended, with the following conditions:

1.    An opaque fence shall be constructed along the east side of the property.

2.    The “bulb” at the north end of Gerald Court shall be eliminated and the street and utilities shall be extended approximately 100 feet north.  The street design and a required turnaround at the north end of the street shall meet City department approvals.

3.    Sidewalk is to be provided along the Gerald Court extension.

4.    Stormwater retention and/or detention shall be provided to the satisfaction of the City Engineering Department; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 201, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 201, in accord with the drawing dated as received March 13, 2001, subject to the conditions listed above.  (Motion adopted.)

 

Annexation – Larkin Township (Eshleman)

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

 

WHEREAS, a petition has been received from Dale S. and Christy K. Eshleman, requesting annexation of property on the east side of Dublin Road north of Airport Road to the City of Midland; and

WHEREAS, this land is contiguous to the present boundary of the City; now therefore

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

Commencing at a point 330 feet South of the West 1/4 corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 396 feet; thence South 165 feet, thence West 396 feet; thence North 165 feet to the Point of Beginning, 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than those petitioning, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk.  (Motion adopted.)

 

Annual Review of Liquor Licenses Report

Jack Duso, Assistant City Manager, presented the City Manager’s annual review on the status of liquor licenses in the City of Midland.  The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:

 

WHEREAS, each year the City Manager’s Office mails letters to the local liquor license establishments requesting that certain information be provided to show proof of compliance as required by Midland’s Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, all liquor license establishments complied with the applicable sections of the Policy; and

WHEREAS, the liquor license for Giovanni’s Pizza & Deli (formerly B. B. Banuck’s), 3216 Bay City Road, was placed in escrow on July 15, 1998; and

WHEREAS, the Liquor Control Commission extended the escrow status until April 30, 2001; and

WHEREAS, as of July 15, 2001, this license will be in violation of Section 5.4 (G) of the Policy; now therefore

RESOLVED, that the revocation process will be initiated if the liquor license for Giovanni’s Pizza & Deli remains in escrow after July 15, 2001; and

RESOLVED FURTHER, that in accord with the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, the 2001 reports of the City Manager and Police Department regarding the status of Liquor Licenses in the City of Midland is hereby received and is ordered filed in the City Clerk’s Office.  (Motion adopted.)

 

Construction Board of Appeals

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

 

RESOLVED, that the City Attorney is hereby directed to prepare the appropriate ordinance amendments to create a single construction board of appeals in accord with the Michigan State Construction Code Act of 1972, as amended, and to repeal those ordinances that created the boards of appeal that will be replaced by the single construction code board of appeals.  (Motion adopted.)

 


Tridge Staining Project

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 a Tridge staining project, Bid No. 2449; and

WHEREAS, The Midland Community Foundation has authorized a $25,000 grant for the project, and the Downtown Development Authority has pledged $38,440, for a total project cost of $63,440; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Boice Bird & Sons, Inc. of Saginaw, Michigan in the amount of $63,440, in accordance with the proposal and city specifications.  (Motion adopted.)

 

Purchase of Water Main Fittings

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

 

WHEREAS, sealed proposals (Bid No. 2444) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Water Main 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 East Jordan Iron Works of Sunfield, Michigan, for the indicated amount of $46,268.50, is hereby accepted and a purchase order authorized.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:19 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk