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.

 

Council members present:

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

Council members absent:

None

 

 

Agenda

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.

 

Minutes

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.)

 

Public Safety Telecommunicators Week

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.

 

Zoning Petition No. 472

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)

 

Zoning Petition No. 473

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.)

 

Zoning Petition No. 474

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.)

 

PUBLIC COMMENTS

No comments were made.

 

Library Board Ordinance

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.)

 

Parking Meter Rates Ordinance

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.)

 

Water Franchise Request – Larkin Twp. for Water Main on Airport/Dublin Road

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.)

 

UTC – Ordinance Preamble Amendment

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.)

 


PILOT Ordinance for Granite Club Acres #1

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.)

 

Proposed 2001-02 Budget

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.)

 

Preliminary Plat of Bogel’s Urban Subdivision No. 2

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.)

 

Site Plan No. 202

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.)

 

Change in Downtown Streetscape Elements – Sidewalk Café Seating

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.)

 

Barstow Airport Land Lease Agreements – Transfer of Ownership

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.)

 

Amendment to Policy on Alcoholic Beverage Licenses for Consumption on the Premises

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.)

 

Liquor License – Oscars Restaurant & Entertainment, LLC

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

 

RESOLVED, that the request from OSCARS RESTAURANT & ENTERTAINMENT, LLC to transfer ownership of 1998 Class C licensed business with Dance Permit, located in escrow at 2910 Ashman Cir., Midland, MI  48642, Midland County, from L.E. THAYER, INC.; transfer location to 140 E. Main, Midland, MI  48642, Midland County; and request a new Entertainment Permit be considered for approval.  It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion adopted.)

 


Payment for Accounting Services – Dow Corning Tax Appeal

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.)

 

Payment to MDOT – US-10 and Bay City Road Interchange

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.)

 


Grace A. Dow Memorial Library Budget Transfer

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.)

 

Traffic Control Order No. P-01-01

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.)

 

Traffic Control Order No. P-01-02

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.)

 

Traffic Control Order No. P-01-03

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.)

 

Traffic Control Order No. R-01-01

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.)

 

MDOT’s Performance and Indemnification Resolution

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.)

 

Change Order – Organic Waste Technologies, Inc. – Gas Vents at Landfill

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.)

 

2001 Illinois & Todd Street Reconstruction; Contract No. 10

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.)

 

MDOT Contract No. 01-5000 Eastman Avenue @ US-10 Interchange

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.)

 

2001 Pavement Crack Sealing Program; Contract No. 27

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.)

 

2001 Pavement Marking Program; Contract No. 16

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.)

 

Fosterwoods Subdivision Construction Engineering Inspection Services

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.)

 

Purchase – Liquid Chlorine for Water & Wastewater Treatment Plants

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:

BAUSS COURT (both sides)          Sharon Road to end of court

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.

CLAREMONT STREET (west side)            Wheeler Street to end of existing sidewalk

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.)

 

2001 Downtown Economic Revitalization Public Improvement Special Assessment District Hearing of Necessity (5/7/01)

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