April 9, 2001
A regular meeting of the City Council was held on Monday, April 9, 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.
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Council members present: |
Drummond Black, John Coppage, Mary Currie, Hollis McKeag, Marty Wazbinski |
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Council members absent: |
None |
A member of the audience requested that items number 15 and 28a be removed from the consent agenda and placed on the regular agenda. Council Member Coppage, seconded by Council Member Currie, moved to approve the amended agenda.
Approval of the minutes of the March 19, 2001 regular meeting was offered by Council Member Coppage and seconded by Council Member Currie. (Motion adopted.)
Jill Liberto, Assistant Communications Coordinator, introduced Lisa Stump, Deputy Director of the Midland County Central Dispatch and Fran McMullen, Telecommunicator of the Year, who thanked Council for their support in proclaiming April 8-14, 2001 as Public Safety Telecommunicators Week in Midland. The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of April 8 – 14, 2001 as Public Safety Telecommunicators Week in Midland. (Motion adopted.) Mayor Black presented the proclamation to Lisa Stump.
Jon Lynch, Director of Planning
and Community Development, presented information on Zoning Petition No.
472. Judith Ann Rapanos petitioned to
have property on the west side of Waldo Avenue south of Bay City Road rezoned
from Residential A-4 to Business B-2. A
public hearing opened at 7:21 p.m.
Julie Keil, Attorney for the petitioner and John Rapanos, 1012 W.
Sugnet, spoke in support of the rezoning.
Michael Misze, 419 Waldo Avenue, Kelly Foor, 415 Waldo Avenue and Rhonda
Stall, 3128 Bay City Road, all spoke in opposition to the rezoning. The hearing closed at 7:50 p.m. The following ordinance amendment was then
offered by Council Member Wazbinski and seconded by Council Member Currie:
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 ZONING CLASSIFICATION WHERE RESIDENTIAL A-4 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 the Northeast corner of the Northeast Quarter of the Southeast Quarter of Section 23, T14N, R2E, City of Midland, Midland County, Michigan, and running thence South on the East line of said Section 14 rods to the Place of Beginning; thence running West and at right angles with the said Section line 140 feet; thence South and parallel with said East Section line 99 feet; thence East and at right angles with the last line 140 feet to the East Section line; thence North on said East Section line 99 feet to the Place of Beginning,
be, and the same is hereby changed to a Business B-2 District.
Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 3. This Ordinance shall take effect upon publication. (Ordinance denied. Yeas: McKeag Nays: Black, Coppage, Currie, Wazbinski)
Jon Lynch, Director of Planning
and Community Development, presented information on Zoning Petition No. 473. A public hearing opened at 8:11 p.m., no
comments were made, the hearing closed at 8:12 p.m. The following ordinance amendment was then offered by Council
Member McKeag and seconded by Council Member Currie:
ORDINANCE NO. 1499
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 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: Commencing at the center of said Section 31, thence North 105 feet, East 220 feet, South 105 feet, West 220 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.
(Ordinance adopted.)
Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 474. A public hearing was opened at 8:17 p.m., no comments were made, the hearing closed at 8:18 p.m. The following ordinance amendment was then offered by Council Member Wazbinski and seconded by Council Member Currie:
ORDINANCE NO. 1500
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 C CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.
The City of Midland Ordains:
Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:
That property described as: Beginning at a point 1155 feet North of the Southeast Section corner of Section 33, T15N, R2E, Midland County, Michigan; thence West 264 feet, North 165 feet to the South 1/8 line, West 80 feet, South 283.5 feet, East 80 feet, South 165 feet, West 175 feet, South 234 feet, East along the Northerly right-of-way line of the US-10 service drive to the East line of Section 33, North to the Point of Beginning,
be, and the same is hereby changed to a Business C 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.)
No comments were made.
Melissa Barnard, Grace A. Dow
Memorial Library Director, presented information on a second reading of an
ordinance that would establish an advisory body to the City Council to be known
as the Library Board. The following
ordinance amendment establishing the Library Board was offered by Council
Member Currie and seconded by Council Member Coppage:
ORDINANCE NO. 1501
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. (Ordinance adopted.)
Penny Kovacevich, City Clerk/Treasurer, presented information on a second reading of an ordinance establishing the City of Midland Parking Meter Rates. The following ordinance amendment adding a new Article X Section 21-53 entitled Parking Meter Rates was then offered by Council Member McKeag and seconded by Council Member Coppage:
ORDINANCE NO. 1502
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND,
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.
(Ordinance adopted.)
Advanced Payment District Ordinance
Noel Bush, Director of Utilities, presented information on a second reading of an ordinance amending Section 20-56 of Article III of Chapter 20 pertaining to advance payment districts. The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Wazbinski:
ORDINANCE NO. 1503
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, 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.
(Ordinance adopted.)
Noel Bush, Director of Utilities, presented information and requested that Council direct City staff to submit a request to the Larkin Township Board for a water franchise to be granted to the City of Midland. The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:
RESOLVED, that the City staff is hereby authorized and directed to submit a request to the Larkin Township Board for a water franchise to be granted to the City of Midland by Larkin Township for a water main installation to be located on Airport Rd. and Dublin Rd. within the following described area:
Commencing at the Southwest Corner of Section 31, T. 15 N., R. 2 E., City of Midland, Midland County, Michigan; thence North 561 feet, along the West section line, to the Point of Beginning; thence North 1563 feet, along the West section line; thence East 300 feet; thence South 817 feet; thence East 30 feet; thence South 482 feet; thence West 140 feet; thence South 264 feet; thence West 190 feet, to the Point of Beginning.
(Motion adopted.)
2001 Dublin Road Water Main (Manager to
Prepare Report)
Noel Bush, Director of Utilities, presented information requesting that Council direct the City Manager to prepare a report, which would include estimates of expenses, the life of the improvement and a description of the district benefited for the 2001 Dublin Road Water Main. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:
WHEREAS, the City Council has had under consideration, the installation of a water main in a certain street in the City of Midland, said street being:
Dublin Road from Airport Road to 1550 feet north
; now therefore
RESOLVED, that the City Manager is directed to prepare a report for consideration for the INSTALLATION OF A WATER MAIN IN DUBLIN ROAD FROM AIRPORT ROAD TO 1550 FEET NORTH, which report shall include necessary plans, diagrams and specifications, estimates of the cost of the improvement, an estimate of the life of the improvement, a description of the district benefited, and other such pertinent information as will permit the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan. (Motion adopted.)
James Branson, City Attorney, presented information on a second reading of an ordinance that would amend the preamble in Ordinance No. 1485, adopting the Uniform Traffic Code and its amendments. The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Coppage:
ORDINANCE NO. 1504
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. (Ordinance
adopted.)
Police Department Service Fees Ordinance (1st
reading)
James St. Louis, Chief of Police, presented information on an ordinance that would add a new article to the Code of Ordinances entitled Police Department Service Fees. Introduction and first reading of the following ordinance was then offered by Council Member McKeag and seconded by Council Member Coppage:
ORDINANCE NO. __________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW ARTICLE TO BE DESIGNATED AS ARTICLE XI SECTION 21-154 OF CHAPTER THEREOF AND ENTITLED “POLICE DEPARTMENT SERVICE FEES”.
The City of Midland Ordains:
Section 1. Article XI Section 21-154 of Chapter 21 is added to read as follows:
CHAPTER 21
ARTICLE XI. POLICE DEPARTMENT SERVICE FEES
Sec. 21-154. Police Department Service Fee
Fees for services provided by the City of Midland Police Department shall be:
1. Request for accident reports from insurance company or third party $2.00
2. Notary Public Service $5.00
3. Gun Permit $5.00
4. Background Record or File Check $5.00
5. Concealed Weapon Permit $5.00
6. Dealer Application Firearms License $5.00
7. R.I. 9’s-Dealer Permit $5.00
8. Preliminary Breath Test-Upon Request $5.00
9. Report Summaries for Third Party $5.00
10. Identification Cards for Non-City of Midland Employees $5.00
11. Fingerprinting-Upon Request $10.00
Section 2. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)
Robert Fisher, Director of Fiscal Services, presented information on an ordinance that would provide Payment in Lieu of Taxes for Granite Club Acres #1. Introduction and first reading of the following ordinance was then offered by Council Member Coppage and seconded by Council Member McKeag:
ORDINANCE NO. __________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND,
MICHIGAN, BY AMENDING SECTION 2-262, ARTICLE XIII OF CHAPTER 2 AND BY ADDING NEW
SECTIONS WHICH SHALL BE DESIGNATED AS SECTIONS 2-260.7 AND 2-264.5, ARTICLE
XIII, CHAPTER 2 THEREOF.
The City of Midland Ordains:
Section 1. Article XIII, Chapter
2, Section 2-262, Tax Exemptions for housing developments for elderly and
low-income persons is hereby amended to read as follows:
Sec. 2-262. Class of housing developments.
It is hereby determined that
the class of housing developments to which the tax exemption shall apply, and
for which a service charge shall be paid in lieu of such taxes, shall be that
portion of a development which is for elderly persons or low-income persons and
which is financed or assisted pursuant to the act. It is further determined that Grove Street Commons I, Grove Street
Commons II, The Village At Joseph’s Run, GRANITE CLUB ACRES #1 and the elderly
portions of Charter Square and Green Hill are of this class.
Section 2. Article XIII,
Sections 2-260.7 and 2-264.5 are hereby added to read as follows:
Sec. 2-260.7. GRANITE CLUB ACRES #1.
THE CITY ACKNOWLEDGES THAT
THE AFFORDABLE HOUSING ALLIANCE OF MIDLAND COUNTY, A 501(c)(3) CORPORATION (A
SPONSOR, AS DEFINED HEREIN) HAS OFFERED, SUBJECT TO ALLOCATION OF TAX CREDIT
FINANCING FROM THE AUTHORITY, UNDER SECTION 42 OF THE INTERNAL REVENUE CODE, AS
AMENDED, TO ERECT OR OPERATE AND MAINTAIN A HOUSING DEVELOPMENT IDENTIFIED AS
GRANITE CLUB ACRES #1, LOCATED ON THE FOLLOWING DESCRIBED PROPERTY:
PART OF THE S ½ OF THE NW ¼ OF SECTION 24, T14N-R2E, CITY OF MIDLAND,
MIDLAND COUNTY, MICHIGAN, BEING FURTHER DESCRIBED AS COMMENCING AT THE WEST ¼
CORNER OF SAID SECTION; THENCE N 88°57’00” E, 2138.43 FEET, ALONG THE EAST-WEST
¼ LINE; THENCE N 00°33’05” E, 590.38 FEET; THENCE N 88°57’00” E, 187.35 FEET, TO THE POINT OF
BEGINNING; THENCE CONTINUE N 88°57’00” E, 205.26 FEET TO THE SOUTHWESTERLY
RAILROAD RIGHT-OF-WAY LINE; THENCE ALONG SAID SOUTHWESTERLY LINE, N 00°03’00” E, 21.01 FEET; THENCE ALONG THE ARC
OF A CURVE TO THE LEFT, AN ARC DISTANCE OF 184.35 FEET, SAID CURVE HAVING A
RADIUS OF 778.31 FEET, CHORD BEARING AND DISTANCE OF N 06°44’09” W, 183.92 FEET AND A CENTRAL ANGLE OF
13°34’15”; THENCE
N 75°00’00” W,
152.11 FEET; THENCE S 00°33’05” W, 95.23 FEET; THENCE S 22°30’00” W, 91.93 FEET; THENCE S 00°33’05” W, 66.63 FEET, TO THE POINT OF
BEGINNING, CONTAINING 0.92 ACRES, MORE OR LESS.
Sec. 2-264.5. ESTABLISHMENT OF ANNUAL SERVICE CHARGE FOR GRANITE CLUB ACRES #1.
(A)
ANNUAL SERVICE
CHARGE. THE HOUSING DEVELOPMENT
IDENTIFIED AS GRANITE CLUB ACRES #1 AND THE PROPERTY ON WHICH IT SHALL BE
CONSTRUCTED SHALL BE EXEMPT FROM ALL PROPERTY TAXES FROM AND AFTER THE
COMMENCEMENT OF CONSTRUCTION. THE CITY,
ACKNOWLEDGING THAT THE SPONSOR AND THE AUTHORITY HAVE ESTABLISHED THE ECONOMIC
FEASIBILITY OF THE HOUSING DEVELOPMENT IN RELIANCE UPON THE ENACTMENT AND
CONTINUING EFFECT OF THIS ORDINANCE AND THE QUALIFICATION OF THE HOUSING
DEVELOPMENT FOR EXEMPTION FROM ALL PROPERTY TAXES AND A PAYMENT IN LIEU OF
TAXES AS ESTABLISHED IN THIS ORDINANCE, AND IN CONSIDERATION OF THE SPONSOR’S
OFFER, SUBJECT TO RECEIPT OF AN ALLOCATION OF LOW-INCOME HOUSING TAX CREDITS
UNDER SECTION 42 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO
CONSTRUCT, OWN AND OPERATE THE HOUSING DEVELOPMENT, AGREES TO ACCEPT PAYMENT OF
AN ANNUAL SERVICE CHARGE FOR PUBLIC SERVICES IN LIEU OF ALL PROPERTY TAXES. THE ANNUAL SERVICE CHARGE SHALL BE EQUAL TO
FOUR PERCENT (4%) OF THE ANNUAL SHELTER RENTS LESS UTILITIES.
(B)
LIMITATION ON
THE PAYMENT OF ANNUAL SERVICE CHARGE.
NOTWITHSTANDING SUBSECTION (A), THE SERVICE CHARGE TO BE PAID EACH YEAR
IN LIEU OF TAXES FOR THE PART OF THE HOUSING DEVELOPMENT WHICH IS TAX EXEMPT
AND WHICH IS OCCUPIED BY OTHER THAN LOW-INCOME PERSONS SHALL BE EQUAL TO THE
FULL AMOUNT OF TAXES WHICH WOULD BE PAID ON THAT PORTION OF THE HOUSING
DEVELOPMENT IF THE HOUSING DEVELOPMENT WERE NOT EXEMPT.
Section 3. This Ordinance shall
take effect upon publication. (Motion
adopted. Considered first reading.)
Robert Fisher, Director of Fiscal Services, gave an overview of the City Manager’s proposed budget for the 2001-02 fiscal year. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:
RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2001-02 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and
RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 2001-02 budget shall be conducted on Monday, April 23, 2001 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and
RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 2001-02 budget shall be conducted on Monday, May 7, 2001 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and
RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and
RESOLVED FURTHER, that copies of the proposed 2001-02 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and
RESOLVED FURTHER, that the City
Clerk is hereby directed to publish once in the Midland Daily News a
comparative summary of the 2000-01 budget and the 2001-02 proposed budget. (Motion adopted.)
Jon Lynch, Director of Planning and Community Development, presented information on the preliminary plat of Bogel’s Urban Subdivision No. 2. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:
WHEREAS, the City Council did give tentative approval to the Preliminary Plat of Bogel’s Urban Subdivision No. 2, on January 29, 2001; and
WHEREAS, the approval of the County Drain Commissioner has been received; now therefore
RESOLVED, that the City Council hereby gives final approval to the Preliminary Plat of Bogel’s Urban Subdivision No. 2, in accord with Section 23-15 of the Code of Ordinances of the City of Midland. (Motion adopted.)
Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 202 for an 8-unit residential building at 4912 Meyers Street. The following resolution was then offered by Council Member McKeag 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. 202, the request of Chuck Wellman, on behalf of Bill
Daily, for site plan review and approval of an 8-unit residential building at
4912 Meyers Street (the east side of Meyers Street north of West Wheeler
Street), conditioned on the provision of a fence in accord with the
requirements of Section 30.3 of the Zoning Ordinance; and
WHEREAS, the City Council has reviewed the proposed Site Plan No. 202, 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. 202, in accord with the drawing dated as received March 9, 2001, conditioned on the provision of a fence in accord with the requirements of Section 30.3 of the Zoning Ordinance. (Motion adopted.)
Jon Lynch, Director of Planning and Community Development, presented information on a request to change the downtown streetscape elements to accommodate sidewalk café seating in front of 101 Mainstreet. Nick Hussein, Manager for 101 Mainstreet, spoke in support of the change. Charles Hepenstal, 1317 North Parkway, spoke in opposition to changing the downtown streetscape. The following resolution was then offered by Council Member Coppage and seconded by Council Member McKeag:
WHEREAS, the downtown restaurant, 101 Mainstreet, has determined that sidewalk café seating is desirable; and
WHEREAS, 101 Mainstreet seeks modifications to existing streetscape elements in order to accommodate café seating, pedestrian access, and unobstructed barrier-free movement lanes; and
WHEREAS, on March 11, 2001, the Downtown Development Authority voted to recommend that the City move ahead with the requested streetscape alterations; and
WHEREAS, 101 Mainstreet will be financially responsible for implementation of the requested changes; now therefore
RESOLVED, that the City Council of the City of Midland hereby authorizes a change in the downtown streetscape elements to accommodate sidewalk café seating in the public right-of-way in front of 101 Mainstreet; and
RESOLVED FURTHER, that the Department of Planning and Community Development is hereby directed to coordinate the changes with municipal departments, the Downtown Development Authority, and 101 Mainstreet. (Motion adopted.)
Easement Agreement – Sanitary Sewer Pump
Station (Rapanos)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED, that the attached
Easement Grant Agreement from Nicolaos A. Rapanos, Elaine D. Rapanos, Jason L.
Rapanos, and Christine N. Rapanos to the City of Midland, for the installation
of a new sanitary sewer pump station on the north side of E. Ashman Street east
of Waldo Road to an area at the South 40 feet of the East 20 feet of Lot 1 of
Longfellow Subdivision of the West ½ of the West ½ of the Southwest ¼ of
Section 12, Township 14 North, Range 2 East, is hereby accepted and that the
easement is ordered recorded. (Motion
adopted.)
Easement Agreement – Sanitary Sewer
Forcemain (Briggs & Merillat)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED, that the attached Easement Grant Agreement from Gary L. and Annalee Briggs, Jon D. Briggs, and William and Anna Marie Merillat to the City of Midland, for placement of a sanitary sewer forcemain south of James Savage Road and north of the City Wastewater Treatment Plant through an area commencing at the Northwest corner of Section 23, Township 14 North, Range 2 East, City of Midland, Midland County, State of Michigan; thence South 03º 01’12” West, 982.21 feet along the West section line to the North line of the abandoned New York Central Railroad right of way; thence South 86º27’28” East, 1203.20 feet along the North line of the abandoned New York Central Railroad right of way to the point of beginning; thence continuing South 86º27’28” East, 40.00 feet along the North line of the New York Central Railroad right of way; thence South 03º01’12” West, 100.00 feet parallel with the West section line; thence North 86º27’28” West, 40.00 feet along the South line of the New York Central Railroad right of way; thence North 03º01’12” East, 100.00 feet parallel with the West section line to the point of beginning, is hereby accepted and that the easement is ordered recorded. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, a report has been received from the
City Engineer indicating that the airport private hangar land lease transfer
process should be amended; and
WHEREAS, the City Engineer and City Attorney
have reviewed the land lease transfer process and recommend that authorization
be granted to the City Manager or his designee to approve land lease transfer
agreements on behalf of the City Council; now therefore
RESOLVED, that the City Council authorizes
the City Manager or his designee to approve airport private hangar land lease
transfer agreements on behalf of the City Council and directs the City Attorney
to modify the standard land lease agreement to permit such approvals by the
City Manager. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED, that the Amendment to
Section 12 of the City of Midland Statement of Policy on Alcoholic Beverage
Licenses for Consumption on the Premises dated April 9, 2001 is hereby
approved. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
The following resolution was offered by Council Member Coppage and
seconded by Council Member Currie:
WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999 and 2000 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and
WHEREAS, the services of the public accounting firm of Plante and Moran, LLP, are required to assist the City in its defense of Dow Corning’s appeals; and
WHEREAS, on February 8, 1999, the City Council authorized payment for said services in connection with the 1996, 1997 and 1998 appeals in an amount not to exceed $58,500; and
WHEREAS, it is now the wish of the City Council that the scope of said services be expanded to include the 1999 and 2000 appeals; now therefore
RESOLVED, that 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
RESOLVED FURTHER, that payment to Plante and Moran, LLP, for continued professional services in connection with the aforementioned defense of the Dow Corning Corporation is hereby authorized in an amount not to exceed $156,000; and
RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $99,840 within the 2000-2001 General Fund budget from the Appraisal Fees account in the Dow Corning Tax Appeal activity to the Audit Fees account in the Dow Corning Corporation Tax Appeal activity. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, on February 5, 1996 the City of Midland and the Michigan
Department of Transportation (MDOT) entered into a contract for the
construction of a full interchange at US-10 and Bay City Road in which MDOT
agreed to pay for the construction costs, and the City agreed to pay for the
preliminary engineering and reimburse MDOT for the acquisition of necessary
right of way; and
WHEREAS, a settlement had been reached with all property owners except
for the Webb family, Anthony Dizon, and Lamar OCI North Corporation; and
WHEREAS, it was necessary for MDOT to pursue condemnation proceedings
for the Webb, Dizon, and Lamar OCI property; and
WHEREAS, in compliance with the Uniform Condemnations Procedures Act, it
was necessary to conduct an updated appraisal of the property involved in the
condemnation proceedings resulting in additional just compensation of
$380,540.79; and
WHEREAS, on March 19, 2001 a Consent Judgment was agreed upon by all
parties in the matter of MDOT v. Anthony Dizon, et al for an additional amount
of $2,934,000 inclusive of all interest, appraisal costs, and attorney fees for
the plaintiffs; and
WHEREAS, the City of Midland has received two invoices from MDOT in the
total amount of $3,314,540.79 representing the updated appraisal cost and the
additional compensation stipulated in the Consent Judgment; now therefore
RESOLVED, that in compliance with the City of Midland’s contract with
MDOT for the construction of a full interchange at US-10 and Bay City Road, the
Director of Fiscal Services is hereby authorized and directed to pay said
invoices submitted by MDOT in the total amount of $3,314,540.79. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, appropriations are
needed in the 2000/2001 Grace A. Dow Memorial Library Fund budget for
unanticipated repairs to the library auditorium in the amount of $82,000, to
sidewalks in front of the library building in the amount of $30,500 and to brickwork
on the exterior of the building in the amount of $10,200; and
WHEREAS, additional funding for the 2001 Writer’s Conference is needed in the amount of $12,000; and
WHEREAS, funds for these purposes are available in the library budget accounts for Roof Repair, Contributed Projects Expense and Processing Fees; now therefore
RESOLVED, that the Director of Fiscal Services is hereby authorized to make the following transfers within the 2000/2001 Grace A. Dow Memorial Library Fund budget:
|
From Account |
Amount |
|
Capital Outlay – Roof Repair |
$ 104,000 |
|
Contributed Projects Expense |
25,000 |
|
Processing Fees |
5,700 |
|
Total |
$ 134,700 |
|
|
|
To Account |
Amount |
|
Building Maintenance |
$ 122,700 |
|
Writer’s Conference Expenses |
12,000 |
|
Total |
$ 134,700 |
(Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED, that Traffic Control Order No. P-01-01 filed February 22, 2001
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That the City of Midland will place “2-Hour
Parking from 8:00 a.m. to 5:00 p.m.” signs at select locations within the City
Center Parking Lot located between Larkin Street and Main Street at McDonald
Street.
is hereby made permanent.
(Motion adopted.)
The following resolution was offered by Council Member Coppage and
seconded by Council Member Currie:
RESOLVED, that Traffic Control Order No. P-01-02 filed January 25, 2001
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That parking be prohibited on the west side
of Rodd Street from the intersection of Larkin Street to 60 feet south.
is hereby made permanent.
(Motion adopted.)
The following resolution was offered by Council Member Coppage and
seconded by Council Member Currie:
RESOLVED, that Traffic Control Order No. P-01-03 filed February 9, 2001
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That the recessed area on the south side of
Carpenter Street in front of Carpenter School shall be for bus parking, loading
and unloading only from 4:00 a.m. – 4:00 p.m., Monday through Friday.
is hereby made permanent. (Motion adopted.)
The following resolution was offered by Council Member Coppage and
seconded by Council Member Currie:
RESOLVED, that Traffic Control Order No. R-01-01 filed January 9, 2001
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That right turns on red shall be prohibited
from eastbound North Saginaw Road onto West Main Street from 7:00 a.m. to 8:15
a.m., which is revised from the 6:00 a.m. to 8:15 a.m. timeframe.
is hereby made permanent.
(Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, the City Engineer has recommended that the method of obtaining individual permits for operating within the State Right of Way be revised so that the City obtains permits on an annual basis; and
WHEREAS, the Michigan Department of Transportation (MDOT) now requires a State Performance and Indemnification Resolution from governmental agencies including municipalities; now therefore
RESOLVED, that the attached State Performance and Indemnification Resolution is adopted to facilitate processing State Right of Way Permits. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, on November 13, 2000 City Council awarded the bid proposal submitted by Organic Waste Technologies, of Brecksville, Ohio in the amount of $60,150 for the construction and installation of 32 gas vents on Cells 1-13; and
WHEREAS, the aggregate drilling depths were significantly deeper due to varying slopes of the sidewalls of the Cells and caused an overage of $28,408; and
WHEREAS, the gas vents project is now complete and staff requests a change order to the original purchase order of $60,150 in the amount of $28,408, bringing the total and final contract amount to $88,558; and
WHEREAS, these funds are available in project LF9902 Cells 1-13 Closure; now therefore
RESOLVED, that the City Manager
is authorized to execute the change order to the contract with Organic Waste
Technologies to bring the total amount of the purchase order to $88,558. (Motion adopted.)
2001-02 Sag-Mid Municipal Water Supply
Capital Imp & Emergency Repair Fund Budget
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED,
that the Saginaw-Midland Municipal Water Supply Corporation 2001-2002 Fiscal
Year Budget for the Capital Improvement and Emergency Repair Fund in the amount
of $196,000 is approved by the Midland City Council. (Motion adopted.)
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 reconstruction of all of Todd Street and Illinois Street from Patrick to Gettysburg; and
WHEREAS, funding for this project is provided by the Local Street Fund, Water Fund and Wastewater Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Sova Excavating of Midland, Michigan, for the "2001 Illinois & Todd Street Reconstruction; Contract No. 10", in the indicated amount of $238,805.00, 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.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, a proposed Contract No. 01-5000 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of the Eastman Avenue @ US-10 interchange and the replacement of the water main on Wackerly Street from Schade Drive to Eastman Avenue; and
WHEREAS, the proposed shares of cost for the project are $8,720,000 from Federal Aid, $1,989,300 from Michigan Department of Transportation and $465,700 from the City of Midland in accordance with the provisions of Act 51 representing 8.75% of the balance of the road reconstruction cost of the project after Federal Aid participation plus the cost for the water main replacement ($275,000); and
WHEREAS, funding for the road reconstruction portion ($190,700) of this project will be provided by the Major Street Fund and funding for the water main replacement portion ($275,000) will be provided by the Water Fund; and
WHEREAS, the City of Midland is desirous of having said interchange reconstruction and water main replacement constructed; now therefore
RESOLVED, that the City Council
hereby approves the proposed Michigan Department of Transportation Contract No.
01-5000 and authorizes the Mayor and City Clerk to execute the contract on
behalf of the City of Midland. (Motion
adopted.)
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 sealing of cracks on various sections of major streets; and
WHEREAS, funding for this project is provided by the Major Street Fund; now therefore
RESOLVED, that the low sealed proposal submitted by Highway Maintenance & Construction, Inc. of Romulus, Michigan, for the "2001 Pavement Crack Sealing Program; Contract No. 27", in the indicated amount of $44,757.60, is hereby accepted; and
RESOLVED FURTHER, that the contract be extended to an amount of $75,000 based upon unit prices bid 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.)
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 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 M & M Pavement Marking, Inc. of Burton, Michigan, for the "2001 Pavement Marking Program; Contract No. 16", in the indicated amount of $20,730.00, 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.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, current staffing levels within the Engineering Department, along with an above normal construction season, require that professional services for construction engineering inspection during the Fosterwoods Subdivision Development be obtained from a consultant; and
WHEREAS, normal competitive bidding procedures in accordance with the City’s purchasing policy were applied to obtain this service; and
WHEREAS, funding for said project is to be provided by the subdivision developer for said professional services; now therefore
RESOLVED, that the proposal
received from Ayres Associates, Inc. of Midland, Michigan, with an estimated
total cost of $33,788.00, is hereby accepted and the Purchasing Agent is
authorized to issue a purchase order for said services. (Motion adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
RESOLVED,
that the City of Midland approves the low bid proposal of $245.00 per ton of
liquid chlorine to Rowell Chemical Corporation, of Hinsdale, Illinois to be the
exclusive supplier of chlorine to the City of Midland Water Treatment Plant and
Wastewater Treatment Plant for fiscal year 2002. (Motion adopted.)
2001 Sidewalk Improvement Program Hearing
of Necessity (5/7/01)
Brian McManus, City Engineer, gave an overview of the 2001 Sidewalk Improvement Program. Charles Hepenstal, 1317 North Parkway, spoke regarding his request to place sidewalk on the east side of Eastman Avenue from Sugnet Road south to end of existing sidewalk. At the March 5, 2001 meeting, Council agreed the issue of placement of sidewalk on Eastman Avenue had been thoroughly discussed during the 2000 Sidewalk Improvement Program process and there was no need to revisit and expense out the placement of the sidewalk for the 2001 Sidewalk Improvement Program. Council then at the March 5, 2001 meeting, requested that the Eastman Avenue sidewalk placement be removed from the 2001 Sidewalk Improvement Program. Council, at the meeting tonight, reaffirmed its decision to remove Eastman Avenue (east side) from Sugnet Road south to end of existing sidewalk from the 2001 Sidewalk Improvement Program. The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:
WHEREAS, the City Manager has presented his report to the City Council
presenting certain information regarding the installation of sidewalks on
certain streets in the City of Midland in conformance with the Code of
Ordinances of the City of Midland, said streets being listed as:
Bauss
Court (both sides) Sharon Road
to end of court
Claremont
Street (west side) Wheeler Street to
end of existing sidewalk
Sterling
Court (both sides) Siebert Street
west to end of existing sidewalk
Ottawa
Street (both sides) Seminole
Court to Meadowbrook Drive
;and
WHEREAS, the City Council has reviewed and
studied said report; now therefore
RESOLVED, that the Council finds and
determines that the construction of said sidewalks, as before listed, appears
to be necessary public improvements conducive to the general health,
convenience and welfare of the people of the City of Midland and that the
estimated period of usefulness of said improvement is ten (10) years; and
RESOLVED FURTHER, that for the purpose of
effecting a savings in cost, the several proposed improvements are combined
into one project and that one special assessment district for the purpose of
said combined improvements, be and is hereby established to be known as the
“2001 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district
comprises and includes the following described lands and premises, to wit:
Lots 11, 12, 13 and 57 of Nicolaos A.
Rapanos Subdivision No. 1; ALSO; Lots 7, 8, 9 and 10 of Poulos Subdivision;
ALSO; Lots 7, 8, 9 and 10 of Sandy
Knoll Subdivision; ALSO; Beginning 466.12 feet North and 190 feet East of the
Southwest Corner of Section 11, T. 14 N., R. 2 E., City of Midland, Michigan;
thence East 150 feet; thence North 100 feet; thence West 150 feet; thence South
100 feet, to the Point of Beginning; ALSO; Beginning 400.01 feet East and 400
feet North of the Southwest Corner of Section 11, T. 14 N., R. 2 E., City of
Midland, Michigan; thence East 150 feet; thence North 154.56 feet; thence West
150 feet; thence South 154.56 feet, to the Point of Beginning.
Beginning 410 feet East and 33 feet North of
the Southwest corner of the Southeast ¼ of the Southeast ¼ of Section 3, T. 14
N., R. 2 E., City of Midland, Michigan; thence North 240 feet; thence East 85
feet; thence South 240 feet, along the West right of way line of Claremont
Street; thence West 85 feet, along the North right of way line of Wheeler
Street, to the Point of Beginning.
STERLING COURT (both sides) Siebert Street west to end of existing
sidewalk
Lots 72 and 73 of Sterling Park Subdivision
No. 2 in Section 4, T. 14 N., R. 2 E., City of Midland, Michigan.
OTTAWA STREET (both sides) Seminole Court to Meadowbrook Drive
Lots 69, 70, 71, 72, 73, 74, 75, 76, 77, 78,
79, 80, 81 and the Park Walkway lying within part of Lot 72 of Northeast Park
Addition; ALSO; Lots 1, 20 and 21 of Ottawa Subdivision; ALSO; Lots 47, 48, 49,
50, 51 and 52 of Northeast Park Addition No. 3, in Section 10, T. 14 N., R. 2
E., City of Midland, Michigan.
;and
RESOLVED FURTHER, that the proposed
improvement and work to be done thereunder shall consist of constructing
sidewalks, in said streets as before listed, and the total estimated cost and
expense thereof is twenty-two thousand four hundred dollars ($22,400); and
RESOLVED FURTHER, that the proportion of the
cost and expense of said improvement to be borne and paid for by the City at
large shall be nine hundred seventy dollars ($970) and that all other costs and
expenses of said improvement amounting to twenty-one thousand four hundred
thirty dollars ($21,430) shall be borne and paid by special assessments on all
lands and premises in said Special Assessment District as established above, in
proportion to the estimated benefits resulting thereto from the improvement,
determined as near as practicable on a front foot basis; and
RESOLVED FURTHER, that the report concerning
said improvement is hereby adopted and shall be placed on file in the office of
the City Clerk, and the same shall be available for public inspection during
regular business hours; and
RESOLVED FURTHER, that the City Council will
meet in the City Hall in said City on Monday, May 7, 2001 at 7:00 p.m., then
and there to hear any objections or suggestions on the proposed improvement;
and
RESOLVED FURTHER, that the City Clerk shall
give notice of said hearing of necessity by causing a notice of this resolution
to be published once in the Midland Daily News at least one week prior to said
hearing date, and that the City Clerk shall also give notice of said hearing
date to each property owner subject to special assessment by reason of said
improvement, at the address of said property owners to be taken from the latest
tax assessment roll in the City Assessor’s office in accordance with Act 162 of
Public Acts of Michigan, 1962. (Motion
adopted.)
The following resolution was offered by Council Member Coppage and seconded by Council Member Currie:
WHEREAS, the City Manager has presented his report to the City Council
presenting certain information regarding the 2001 Downtown Economic
Revitalization Public Improvement Program in the City of Midland in conformance
with provisions of Chapter 20 of the Code of Ordinances of the City of Midland,
said district being described as:
That
area located in the Southwest ¼ of Section 16, the Southeast ¼ of Section 17,
the Northwest ¼ of Section 21, and the Northeast ¼ of Section 20, bounded by
West Main Street, Ripley Street, Eastman Avenue, Buttles Street, Cronkright
Street, the Tittabawassee River, the
“Tridge”, and all lands within 100 feet of the structure, the Tittabawassee
River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4,
and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all
within the City of Midland, Midland County, Michigan.
; and
WHEREAS, the City Council has reviewed said report in order to decide
the cost, extent and necessity of the proposed improvement program; now
therefore
RESOLVED, that the Council finds and determines that the construction of
said improvements, as before listed, appears to be a necessary public
improvement conducive to the general health, convenience and welfare of the
people of the City of Midland and that the estimated period of usefulness
of said improvement is two (2) years;
and
RESOLVED FURTHER, that said public improvement shall constitute one
special assessment district to be known as:
“2001 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT”
which is hereby established and that said district comprises the
following described lands and premises:
That area located in the Southwest ¼ of
Section 16, the Southeast ¼ of Section 17, the Northwest ¼ of Section 21, and
the Northeast ¼ of Section 20, bounded by West Main Street, Ripley Street,
Eastman Avenue, Buttles Street, Cronkright Street, the Tittabawassee River, the
“Tridge”, and all lands within 100 feet of the structure, the Tittabawassee
River, and Isabella Street (M-20) excepting the Southeasterly 10 feet of Lot 4,
and all of Lots 9, 10, 11 and 12 of Block 35, Carpenter and Hines Addition, all
within the City of Midland, Midland County, Michigan.
RESOLVED FURTHER, that the proposed improvements and work to be done
thereunder in said District shall consist of promotion and events, Christmas
decoration rental and contributions toward salary and miscellaneous expenses
for the Downtown Coordinator to assist in the revitalization program, and that
the total estimated cost and expense thereof is seventy-two thousand dollars
($72,000.00); and
RESOLVED FURTHER, that the proportion of the cost and expense of said
improvement to be borne and paid for by the City at large, County, and/or DDA
shall be zero ($0) and that all other costs and expenses of said revitalization
program amounting to seventy-two thousand dollars ($72,000.00) shall be borne
and paid by special assessments on all lands and premises in said Special
Assessment District as established above, in proportion to the estimated
benefits resulting thereto from the improvement, determined as near as
practicable on a front foot basis; and
RESOLVED FURTHER, that the report concerning said improvements is hereby
adopted and shall be placed on file in the office of the City Clerk, and the
same shall be available for public inspection during regular business hours;
and
RESOLVED FURTHER, that the City Council will meet in the City Hall in said
city on Monday, May 7, 2001 at 7:00 p.m., then and there to hear any objections
or suggestions on the proposed improvements; and
RESOLVED FURTHER, that the City Clerk shall give notice of said hearing
of necessity by causing a notice of this resolution to be published once in the
Midland Daily News at least one week prior to said hearing date, and that the
City Clerk shall also give notice of said hearing date to each property owner
subject to special assessment by reason of said improvement, 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 Public Acts of Michigan
1962. (Motion adopted.)
Proposed 2001-02
CDBG Budget (Public Hearing 4/23/01)
The following resolution was offered by Council Member Coppage and
seconded by Council Member Currie:
WHEREAS, the City of Midland will receive $344,000 in Community Development Block Grant funds for fiscal year 2001-02; and
WHEREAS, an anticipated fund balance of $363,000 will be carried over into the fiscal year; and
WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore
RESOLVED, that a public hearing
will be held on April 23, 2001, for the purpose of receiving public input on
the use of federal funds from the Community Development Block Grant Program, as
set forth in the attached table.
(Motion adopted.)
Being no further business the meeting adjourned at 10:11 p.m.
______________________________________
Penny K. Kovacevich, City Clerk