April 26, 2010

 

A regular meeting of the City Council was held on Monday, April 26, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was led by Boy Scout Troop #763 – First Baptist Church.

 

Councilmen present:

Thomas Adams, Maureen Donker, Scott Gaynor, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the April 12, 2010 regular and April 19, 2010 special meetings was offered by Councilman Adams and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

PROPOSED 2010-11 BUDGET

Fiscal Services Director David Keenan presented a review of the City Manager’s Proposed 2010-11 Budget presented at the April 12, 2010, City Council meeting.  A public hearing opened at 7:10 p.m.  Larry Pillepich, 3602 McKeith, spoke regarding the MCTV budget.  Marilyn Haskins, 3801 Haskin Drive, spoke in opposition to the city subsidy of Currie Municipal Golf Course.  The public hearing closed at 7:29 p.m.

 

2009-10 BUDGETS AND FINANCIAL WORKING PLANS AMENDMENT

Fiscal Services Director David Keenan presented an amendment to the 2009-10 budgets and financial working plans.  A public hearing opened at 7:50 p.m., recognizing no public comments, the hearing closed at 7:50 p.m. The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

WHEREAS, in accord with Sections 5.11 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice and having conducted a public hearing on Monday, April 26, 2010 on the proposal to amend the 2009-10 budgets and financial working plans to reflect the estimates submitted during the 2010-11 budget process; now therefore

RESOLVED, the budgets and working plans of the City of Midland be amended as follows:

GENERAL FUND

Current

Proposed

  Sources of Funds:

 

 

    Property taxes

$27,591,796

$27,699,144

    Intergovernmental

3,622,799

3,275,705

    Other revenues

5,757,639

5,351,941

    Transfers from other funds

120,000

119,013

    Fund balance

       676,368  

_       66,088  

      Total Sources of Funds

$37,768,602

$36,511,891

  Appropriations:

 

 

    General government

$  6,071,685

$  5,830,658

    Public safety

15,595,902

15,173,561

    Public works

2,809,570

2,785,594

    Sanitation

2,579,806

2,592,489

    Parks and recreation

4,526,484

4,477,133

    Other functions

1,667,445

1,297,894

    Transfers to other funds

4,311,123

4,354,562

    Contingencies

       206,587

_              __  

      Total Appropriations

$37,768,602

$36,511,891

MAJOR STREET FUND

 

 

  Sources of Funds:

 

 

    State gas and weight tax

$ 2,540,000

$ 2,400,000

    Other revenues

1,423,764

387,945

    Transfers from other funds

1,008,000

617,969

    Fund balance

      341,562

      182,088

      Total Sources of Funds

$ 5,313,326

$ 3,588,002

Appropriations:

 

 

    Street maintenance

$ 1,907,551

$ 1,737,264

    Street construction

2,670,835

1,120,835

    Transfers to other funds

722,247

719,903

    Contingencies

        12,693

        10,000

      Total Appropriations

$ 5,313,326

$ 3,588,002

LOCAL STREET FUND

 

 

  Sources of Funds:

 

 

    State gas and weight tax

$    700,000

$    670,000

    Other revenues

122,700

103,818

    Transfers from other funds

1,638,000

1,724,320

    Fund balance

        55,017

                 _

      Total Sources of Funds

$ 2,515,717

$ 2,498,138

  Appropriations:

 

 

    Street maintenance

$ 1,397,271

$ 1,362,629

    Street construction

952,000

952,000

    Transfers to other funds

146,446

146,153

    Contingencies

20,000

10,000

    Fund balance

                 _

        27,356

      Total Appropriations

$ 2,515,717

$ 2,498,138

STORMWATER MANAGEMENT FUND 

 

 

  Sources of Funds:

 

 

    Transfers from other funds

$   513,693

$   542,815

    Other revenues

32,600

17,029

    Fund balance

     100,132

     115,855

      Total Sources of Funds

$   646,425

$   675,699

  Appropriations:

 

 

    Storm sewer maintenance

$   541,425

$   555,699

    Storm sewer construction

101,000

116,000

    Contingencies

        4,000

         4,000

      Total Appropriations

$  646,425

$   675,699

GRACE A. DOW LIBRARY FUND

 

 

  Sources of Funds:

 

 

    Property taxes

$ 2,177,624

$ 2,237,152

    Operating revenues

312,012

308,604

    State funds

50,000

30,000

    Other revenues

516,450

510,072

    Transfers from other funds

      933,571

      778,417

      Total Sources of Funds

$ 3,989,657

$ 3,864,245

  Appropriations:

 

 

    Operating expenditures

$ 3,979,767

$ 3,854,355

    Capital expenditures

          9,890

          9,890

      Total Appropriations

$ 3,989,657

$ 3,864,245

COMMUNITY DEVELOPMENT BLOCK GRANT FUND

  Sources of Funds:

 

 

    Federal grants

$   367,706

$   470,805

    Program income

                1

         6,035

     Total Sources of Funds

$   367,707

$   476,840


 

  Appropriations:

 

 

    Residential home rehabs

$   238,897

$   193,252

    Other expenditures

92,594

79,594

    Contingencies

5,723

3,000

    Transfers to other funds

30,000

30,000

    Fund balance

_        _493    

     170,994

      Total Appropriations

$   367,707

$   476,840

MIDLAND COMMUNITY TELEVISION FUND

 

 

  Sources of Funds:

 

 

    Franchise fees

$   495,000

$   519,090

    Other revenues

21,826

15,967

    Fund balance

         3,299

_________               

      Total Sources of Funds

$   520,125

$   535,057

  Appropriations:

 

 

    Operating expenditures

$   508,325

$   490,933

    Capital expenditures

1,800

1,795

    Contingencies

10,000

 

    Fund balance

__  ______                    

       42,329

      Total Appropriations

$   520,125

$   535,057

DOWNTOWN DEVELOPMENT AUTHORITY FUND

 

  Sources of Funds:

 

 

    Property taxes

$  464,325

$   463,972

    Other revenues

      36,500

       25,374

      Total Sources of Funds

$  500,825

$   489,346

  Appropriations:

 

 

    Operating expenditures

$  446,990

$   433,171

    Contingencies

8,500

2,000

    Transfers to other funds

45,000

45,000

    Fund balance

           335

____9,175    

      Total Appropriations

$  500,825

$  489,346

DIAL-A-RIDE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$ 1,284,205

$ 1,425,539

    Transfers from other funds

      764,963

      614,310

      Total Sources of Funds

$ 2,049,168

$ 2,039,849

  Appropriations:

 

 

    Operating expenses

$ 1,780,678

$ 1,726,359

    Capital expenses

258,490

303,490

    Contingencies

        10,000

        10,000

      Total Appropriations

$ 2,049,168

$ 2,039,849

SPECIAL ACTIVITIES FUND

 

 

  Sources of Funds:

 

 

    Contributions and other

$      71,995

$      75,587

    Fund balance

____11,405

_       4,386

      Total Sources of Funds

$      83,400

$      79,973

  Appropriations:

 

 

    Other expenditures

$      83,400

$      79,973

      Total Appropriations

$      83,400

$      79,973

MIDLAND HOUSING FUND

 

 

  Sources of Funds:

 

 

    Sale of assets and other

$    132,021

$    371,941


    Transfers from other funds

5,000

30,000

    Fund balance

  __ 29,979

       56,834

      Total Sources of Funds

$    167,000

$    458,775

  Appropriations:

 

 

    Cost of assets sold and other

$    167,000

$    458,775

     Total Appropriations

$    167,000

$    458,775

DEBT SERVICE FUND

 

 

  Sources of Funds:

 

 

    Property taxes

$    601,138

$    604,105

    Transfers from other funds

1,806,942

1,811,975

    Other revenue

10,000

2,000

    Fund balance

       35,221

        35,221

      Total Sources of Funds

$ 2,453,301

$ 2,453,301

Appropriations:

 

 

    Principal

$    930,000

$    930,000

    Interest and other

686,906

686,906

    Transfers to other funds

     836,395

     836,395

      Total Appropriations

$ 2,453,301

$ 2,453,301

CIVIC ARENA FUND

 

 

  Sources of Funds:

 

 

    Operating revenue

$ 1,268,460

$ 1,100,345

    Other revenue

21,000

69,360

    Transfers from other funds

200,000

200,000

    Working capital

___464,210     

      422,658

      Total Sources of Funds

$ 1,953,670

$ 1,792,363

  Appropriations:

 

 

    Operating expenses

$ 1,281,292

$ 1,095,985

    Capital expenses

20,000

45,000

    Interest expense

235,464

234,464

    Retirement of debt

406,914

406,914

    Contingencies

 _      10,000

        10,000

      Total Appropriations

$  1,953,670

$ 1,792,363

LANDFILL FUND

 

 

  Sources of Funds:

 

 

    Operating revenue

$ 3,336,100

$ 3,327,404

    Other revenue

572,808

441,643

     Working capital

_ 2,320,122

_ 1,160,524

      Total Sources of Funds

$ 6,229,030

$ 4,929,571

  Appropriations:

 

 

    Operating expenses

$ 2,927,868

$ 2,811,887

    Other expenses

374,000

386,332

    Capital expenses

2,882,162

1,686,352

    Contingencies

  ___45,000

____45,000

      Total Appropriations

$ 6,229,030

$ 4,929,571

WASHINGTON WOODS FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$ 1,239,070

$ 1,253,480

    Other revenues

145,416

139,825

    Transfers from other funds

10,000

10,000

    Working capital

          2,495

                 _

      Total Sources of Funds

$ 1,396,981

$ 1,403,305

Appropriations:

 

 

    Operating expenses

$ 1,293,119

$ 1,199,518

    Other expenses

88,362

77,499

    Contingencies

10,000

5,000

    Capital expenses

5,500

 

    Working capital

_________                

      121,288

      Total Appropriations

$ 1,396,981

$ 1,403,305

RIVERSIDE PLACE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$ 1,215,900

$ 1,215,600

    Other revenues

      145,900

      129,825

      Total Sources of Funds

$ 1,361,800

$ 1,345,425

  Appropriations:

 

 

    Operating expenses

$ 1,242,904

$ 1,206,725

    Other expenses

66,000

66,000

    Capital expenses

11,550

11,550

    Contingencies

10,000

10,000

    Transfers to other funds

        10,000

        10,000

    Working capital

        21,346

        41,150

      Total Appropriations

$ 1,361,800

$ 1,345,425

CURRIE MUNICIPAL GOLF COURSE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$ 1,476,200

$ 1,030,822

    Other revenues

 

55,000

    Transfers from other funds

 

145,000

    Working capital

___206,275       

      454,315

      Total Sources of Funds

$ 1,682,475

$ 1,685,137

  Appropriations:

 

 

    Operating expenses

$ 1,641,915

$ 1,659,178

    Miscellaneous expense

11,560

4,961

    Capital expenses

        29,000         

        20,998

      Total Appropriations

$ 1,682,475

$ 1,685,137

PARKING FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$    109,096

$    103,587

    Other revenues

584

50

    Transfers from other funds

45,000

45,000

    Working capital

__ _______               

          1,887

      Total Sources of Funds

$    154,680

$    150,524

Appropriations:

 

 

    Operating expenses

$     144,481

$     150,524

    Working capital

         10,199

__  _______               

      Total Appropriations

$     154,680

$     150,524

WASTEWATER FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$ 5,361,515

$ 5,344,212

 

    Transfers from other funds

1,251,116

1,251,116

 

    Other revenues

446,600

413,560

 

    Working capital

      395,412

      288,488

 

      Total Sources of Funds

$ 7,454,643

$ 7,297,376

 

  Appropriations:

 

 

 

    Operating expenses

$ 4,146,900

$ 4,009,662

 

    Other expenses

14,500

1,073

 

    Interest expense

503,742

503,992

 

    Capital expenses

1,881,601

1,877,649

 

    Retirement of debt

900,000

890,000

 

    Contingencies

 _       7,900

        15,000

 

      Total Appropriations

$ 7,454,643

$ 7,297,376

 

WATER FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$  9,096,918

$ 9,410,468

 

    Contractual revenue

1,555,194

1,547,084

 

    Other revenues

170,046

159,518

 

    Restricted assets

1,155,000

1,155,000

 

    Working capital

__1,730,831

    1,200,083

 

      Total Sources of Funds

$13,707,989

$13,472,153

 

  Appropriations:

 

 

 

    Operating expenses

$ 7,836,602

$ 7,490,856

 

    Other expenses

48,144

27,274

 

    Interest expense

399,351

398,185

 

    Capital expenses

3,357,031

3,488,977

 

    Retirement of debt

1,996,861

1,996,861

 

    Contingencies

         70,000

         70,000

 

      Total Appropriations

$13,707,989

$13,472,153

 

INFORMATION SERVICES – OPERATIONS FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$ 1,011,550

$ 1,003,713

 

    Other revenues

15,500

5,508

 

    Working capital

      725,574

___787,884

 

      Total Sources of Funds

$ 1,752,624

$ 1,797,105

 

  Appropriations:

 

 

 

    Operating expenses

$ 1,079,874

$ 1,062,693

 

    Contingencies

50,000

 

 

    Capital expenses

      622,750

  _  734,412

 

      Total Appropriations

$ 1,752,624

$ 1,797,105

 

INFORMATION SERVICES - COMPUTER RENTAL FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$   173,842

$   173,842

 

    Other revenue

__     4,750

   _    3,081

 

      Total Sources of Funds

$   178,592

$   176,923

 

  Appropriations:

 

 

 

    Operating expenses

$   166,650

$   166,649

 

    Capital expense

       5,000

         5,000

 

    Working capital

_   __6,942

__   _5,274

 

      Total Appropriations

$   178,592

$   176,923

 

GEOGRAPHIC INFORMATION SYSTEMS FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$   399,900

$   395,236

 

    Other revenue

11,000

2,750

 

    Working capital

     150,518

__ 111,488      

 

      Total Sources of Funds

$   561,418

$   509,474

 

  Appropriations:

 

 

 

    Operating expenses

$    499,418

$    447,474

 

    Capital expenses

32,000

32,000

 

    Contingencies

        30,000

        30,000

 

      Total Appropriations

$    561,418

$    509,474

 


 

EQUIPMENT REVOLVING FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$ 4,110,672

$ 4,077,672

 

    Other revenues

105,110

169,710

 

    Working capital

___323,045     

      219,562

 

      Total Sources of Funds

$ 4,538,827

$ 4,466,944

 

  Appropriations:

 

 

 

    Operating expenses

$ 2,865,861

$ 2,835,258

 

    Other expenses

14,280

14,280

 

    Capital expenses

1,633,686

1,592,406

 

    Contingencies

____25,000

____25,000

 

      Total Appropriations

$ 4,538,827

$ 4,466,944

 

MUNICIPAL SERVICE CENTER FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$    335,196

$    335,196

 

    Other revenue

14,981

3,409

 

    Working capital

      286,213

_____6,777

 

      Total Sources of Funds

$    636,390

$    345,382

 

  Appropriations:

 

 

 

    Operating expenses

$    283,616

$    276,571

 

    Capital expenses

342,774

58,811

 

    Contingencies

        10,000

        10,000

 

      Total Appropriations

$    636,390

$    345,382

 

MUNICIPAL SERVICE ANEX FUND

 

 

 

  Sources of Funds:

 

 

 

    Operating revenues

$      23,744

$       23,744

 

    Other revenue

             183

               74

 

      Total Sources of Funds

$      23,927

$      23,818

 

  Appropriations:

 

 

    Operating expenses

$     13,744

$     13,294

    Capital expenses

    5,000

5,000

    Contingencies

5,000

5,000

    Working capital

            183

______524            

      Total Appropriations

$     23,927

$     23,818

RENEWABLE ENERGY SERVICES FUND

 

 

  Sources of Funds:

 

 

    Other revenues

$10,000,000

$10,000,000

      Total Sources of Funds             

$10,000,000

$10,000,000

  Appropriations:

 

 

    Capital expenses

$10,000,000

$10,000,000

      Total Appropriations

$10,000,000

$10,000,000


PROPERTY AND LIABILITY INSURANCE FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   760,830

$   773,018

    Working capital

__136,000

          __ _

      Total Sources of Funds

$   896,830

$   773,018

  Appropriations:

 

 

    Operating expenses

$   896,830              

$   749,198

    Working capital

           __ _

      23,820

      Total Appropriations

$   896,830

$   773,018


 

SPECIAL ASSESSMENT REVOLVING FUND

 

 

  Sources of Funds:

 

 

    Operating revenues

$   454,721

$   453,734

    Other revenues

     50,000

       22,233

    Working capital

___30,000

__ _57,767

      Total Sources of Funds

$   534,721

$   533,734


  Appropriations:

 

 

    Transfers to other funds

$   534,721              

$   533,734

      Total Appropriations

$   534,721

$   533,734

HEALTH INSURANCE FUND

 

 

 Sources of Funds:

 

 

   Operating revenues

$11,320,750

$10,481,210

     Total Sources of Funds

$11,320,750

$10,481,210

 Appropriations:

 

 

   Operating expenses

$10,712,000

$10,371,000

   Working capital

      608,750

_      110,210

      Total Appropriations

$11,320,750

$10,481,210

(Motion ADOPTED.)

 

PUBLIC COMMENTS

Wallace Mayton, 1903 Dilloway Drive, Board Member of the Affordable Housing Alliance (AHA), read a letter submitted to the AHA board by a person positively affected by AHA and the city’s support of providing affordable housing.  Mr. Mayton expressed appreciation for the city’s collaboration and support of the AHA mission to provide safe and affordable housing to members of our community.

Larry Pillepich, 3602 McKeith, made a comment on the previous budget amendment item regarding turning the parking fund over to the Downtown Development Authority.

 

WEED ENFORCEMENT PROCESS – ORDINANCE AMENDMENTS

Director of Public Services Karen Murphy presented information on ordinance amendments to add weed enforcement to the list of Municipal Civil Infractions and to Chapter 26 making changes to the weed enforcement ordinance.  The following two ordinance amendments were then presented for consideration.

 

MUNICIPAL CIVIL INFRACTIONS  (1ST reading)

Introduction and first reading of the following ordinance amending Section 34-5 Municipal Civil Infractions was offered by Councilman Wazbinski and seconded by Councilman Adams:

 

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1)          Chapter 8, Uniform Fire Code.

(2)          The city zoning ordinance.

(3)          Chapter 29, Stormwater Runoff Regulation and Control.

(4)          Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)          Article VI of Chapter 15, Telecommunications.

(6)          Article IV, Chapter 22, Addresses.

(7)          Article V, Chapter 5, Soil Erosion and Sedimentation Control.

(8)          Rules and Regulations of the Jack Barstow Municipal Airport.

(9)          Cemetery Rules.

(10)        Article I of Chapter 26, Weeds.

Section 2.   This Ordinance shall take effect on May 10, 2010.  (Motion ADOPTED.  Considered first reading.)

 

WEED ENFORCEMENT (1ST reading)

Introduction and first reading of the following ordinance amendment was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

Ordinance No. ___________

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Sections 26-3 thru 26-7, Article I Of chapter 26 and by adding a new section which shall be designated as section 26-8, Article i, Chapter 26 thereof.

The City of Midland Ordains:

Section 1.  Sections 26-3 thru 26-7 are hereby amended to read as follows:

Sec. 26-3.  Other weeds, grass and brush.

(a)          Height limit.  It shall be unlawful for the owner or occupant or any person or persons, agent, firm or corporation having control or management of any lot, place, area or parcel of land within the city to permit or allow the presence thereon of weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches above ground level when such growth is within one hundred (100) feet of a lot line of occupied residential or commercial property and the same are hereby declared to be a public nuisance.  It shall be the duty of every owner or occupant, or every person or persons, agent, firm or corporation in charge of such property upon which any said above-mentioned weeds, grass or brush is permitted to remain to cause the same to be cut down, destroyed or AND/OR removed. at least twice in each calendar year, once during the first half of the month of June and again during the last half of the month of July of each calendar year.

(b)          Exceptions.  Notwithstanding the foregoing, the following lands shall be exempt from the provisions of this section, provided that the owner of the land petitions for exemption from the provisions of this section in writing to the department of parks and recreation of the City of Midland:

(1)  Undeveloped wooded areas where tree growth is in excess of ten (10) feet in height.

(2)  Undeveloped parcels of four and one-half (4 ½) acres or more in non-subdivision areas.

(3)  Lands where less than fifty (50) per cent of the lots are occupied.

(4)  Lands where occupied lots have been developed without removing the original natural cover.

(5)  DEFINED NATURAL PRESERVES.

(c)          Appeals.  In the event the department of parks and recreation shall deny a petition for exemption from the provisions of this section, the petitioner may appeal the decision in writing to the building board of appeals established under Chapter 5 of the Code of Ordinances of the City of Midland, and the board shall, after hearing the evidence on any such appeal, either affirm, modify or reverse the decision of the department of parks and recreation and its decision shall have the same effect as if it were the decision of the department of parks and recreation.

Sec. 26-4.  Abatement of nuisance by city.

IN ADDITION TO THE PENALTIES SET OUT IN THIS ARTICLE THAT in the event the owner or occupant, or any person or person, agent, firm or corporation having control or management of any lot, place or parcel of land within the city fails, refuses or neglects to comply with the provisions of this article, the city and its authorized representatives are hereby empowered, upon the giving of reasonable notice, to enter upon such land for the purpose of accomplishing abatement of the violation by spraying, cutting and/or other methods deemed acceptable by the department of parks and recreation of the city. The fee shall be a minimum of $200.00 per abatement.  If the cost of an abatement fee shall exceed the $200.00 minimum, the actual cost of ABATEMENT shall be applied. All expenses incurred by the city in the performance of this work, together with a ten (10) per cent administrative charge, shall be reimbursed by the owner or owners OCCUPANT, or person or persons, agent, firm or corporation having control or management of such land or lots, and in cases where not paid, the city shall have a lien for the same in the manner hereinafter provided OR PURSUE OTHER COLLECTION REMEDIES.

Sec. 26-5.  General notice by publication.

It is hereby made the duty of the department of parks and recreation of the city to give general notice to every owner or occupant, or any person or persons, agent, firm or corporation having control or management of any land wherein noxious, poisonous or injurious weeds or any weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches are growing, standing or present, to cut down, destroy or AND/OR remove the same.  Such general notice shall be made by publication in a newspaper of general circulation in the city at least twice in each calendar year, once during the first half of the month of May and again during the last half of the month of June of each calendar year, and shall read substantially as follows:

City of Midland Notice of Provisions of the Weed Ordinance PROVISIONS

TO:  All owners, occupants or possessors of lands  OWNERs OR OCCUPANTs, or persons, agents, firms or corporations having control or management of any lot, place, or parcel of land within the City of Midland in the City of Midland.

Notice is hereby given that in accordance with Article I of Chapter 26 of the Code of Ordinances of the City of Midland, all noxious, poisonous or injurious weeds, or other weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches upon any property in the City of Midland shall be cut down, destroyed or AND/OR removed.  , as the case may be, at least twice in each calendar year, once during the first half of the month of June and again during the last half of the month of July of each calendar year and such additional times as may be necessary.

In the event the owner or occupant, or any person or persons, agent, firm or corporation having control or management of any lot, place or parcel of land within the City of Midland shall fail, refuse or neglect to comply with the above-mentioned ordinance, A MUNICIPAL CIVIL INFRACTION MAY BE ISSUED.  FURTHER, the City of Midland or its authorized representatives shall cause said noxious, poisonous or injurious weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches to be cut down, destroyed or AND/OR removed.  The expenses incurred by the City in the cutting, destruction or removal of the same, together with a ten (10) percent administrative charge, will be levied and collected against such property in the manner provided by law AND THIS ARTICLE. 

Certain exemptions from the requirements of the ordinance relating to area, distances, size of growth or lack of development are specifically set forth in the ordinance and may be applicable; but any owner or occupant or person or persons, agent, firm or corporation having control or management of property in the City of Midland who seeks such an exemption must petition the Department of Parks and Recreation of the City of Midland for this purpose in writing.

_____ Department of Parks and Recreation City of Midland

Sec. 26-6.  Specific notice by certified FIRST CLASS mail.

(a)          In addition to the general notice requirements set forth in section 26-5, it is hereby made the duty of the department of parks and recreation to give a specific notice in writing, by certified FIRST CLASS mail with return receipt requested, to every THE owner or occupant, or any person or persons, agent, firm or corporation having control or management of any lot, place or parcel of land within the city wherein noxious, poisonous or injurious weeds or any weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches is growing, standing or present, to cut down or remove the same within a period of ten (10) SEVEN (7) consecutive calendar days, which notice shall read substantially as follows:

Name and Address

Description

Notice of Provisions of the Weed Ordinance PROVISIONS

According to the assessment records of this City, you appear to be the owner OR OCCUPANT of the above-described property which is subject to the provisions of the aforementioned ordinance.

Notice is hereby given that in accordance with Article I of Chapter 26 of the Code of Ordinances of the City of Midland all noxious, poisonous or injurious weeds or other weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches growing, standing or living upon any property in the City of Midland shall be cut down, destroyed or removed, as the case may be, on or before the ____ day of __________, 19____. 20_____.

In the event of failure to comply with this notice on or before the date set forth above, in accordance with the provisions of this ordinance, A MUNICIPAL CIVIL INFRACTION MAY BE ISSUED.  FURTHER, the City shall cause said noxious, poisonous or injurious weeds or other weeds, grass or brush exceeding a height of twelve (12) TEN (10) inches to be cut down, destroyed or  AND/OR removed.  The expense incurred by the City in the cutting, destruction or removal of same, together with a ten (10) per cent administrative charge, will be levied and collected against such property in the manner provided by law.

Certain exemptions from the requirements of the ordinance relating to area, distances, size of growth or lack of development are specifically set forth in the ordinance and may be applicable; but any owner or occupant or person or persons, agent, firm or corporation having control or management of property in the City of Midland who seeks such an exemption must petition the Department of Parks and Recreation of the City of Midland for this purpose in writing. 

________, 19________ 20_____.

________  Department of Parks and Recreation City of Midland

b)         In case none of the above parties can be ascertained or in the event the certified mail containing the specific notice is refused, it shall be sufficient for the department of parks and recreation to post the foregoing notice upon such property in a conspicuous place on a card not smaller than eight (8) by ten (10) inches. 

Sec. 26-7.  Reimbursement to city; assessment of costs.

Whenever the department of parks and recreation or its authorized representatives shall enter upon any parcel of land in order to accomplish abatement of an existing violation pursuant to provisions of this article, the director of the department of parks and recreation is hereby authorized and directed to keep an accurate account of all expenses incurred, and based upon the same to issue a certificate determining and certifying the costs involved for such work with respect to each parcel of property.  The director is also authorized to add to such costs a ten (10) percent administrative charge to cover the expenses of administering the work performed, costs of publication, overhead and other contingent expenses.  Within ten (10) days after receipt of said certificate, the city finance director shall WILL forward a statement of total charges assessed on each parcel of property to the owner as shown by the last current assessment or tax roll, and said assessment shall be payable to the city treasurer within thirty (30) days from the date said statement was forwarded.  If not paid within the prescribed thirty-day period, such statement shall be filed by the city finance director with the city assessor and shall thereupon be assessed against the land in question and become a lien on such property in accordance with the City Charter of Midland OR THE CITY HAS THE RIGHT TO INITIATE OTHER COLLECTION EFFORTS AS IT DEEMS APPROPRIATE.  The amount so charged may be discharged at any time by the payment of the amount specified in the statement together with interest at the rate of twelve (12) per cent per annum compiled from the time of filing said statement the city assessor. 

SEC. 26-8. PENALTY.

(a) Any OWNER OR OCCUPANT, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland who shall violate any of the provisions of this Code hereby adopted or failS to comply therewith, MAY be responsible for a municipal civil infraction. Upon BEING FOUND RESPONSIBLE of such violation, such Any OWNER OR OCCUPANT, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland shall be ASSESSED A FINE as provided in Chapter 34 of the Code of Ordinances. The imposition of one (1) municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such Any OWNER OR OCCUPANT, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland shall be required to correct or remedy such violations or defects within a reasonable time.

(b) The IMPOSITION of the above fine shall not be held to prevent the enforced removal of prohibited conditions.  fURTHER VIOLATIONS SUBJECT THE OWNER OR OCCUPANT, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland TO SUBSEQUENT CIVIL INFRACTION VIOLATIONs.

Section 2.  This Ordinance shall take effect on upon publication.  (Motion ADOPTED.  Considered first reading.)

 

SITE PLAN NO. 294

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 294, the request of Fisher Contracting Company for a 20,932 square foot contractor office, shop and yard located at 94 Waldo Avenue on 58 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 294 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 294, contingent upon the following:

      1.   The stormwater detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   All parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be delineated by the “box” style striping.

      6.   The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

      7.   All irrigation systems will comply with the City of Midland Water Department specifications.

      8.   That three driveways are permitted in accordance with Section 3.10 of the Zoning Ordinance. 

(Motion ADOPTED.)

 

SANITATION COLLECTION SERVICES BID REPORT

Director of Public Services Karen Murphy presented a report on the sanitation collection services bid.  The following resolution was then offered by Councilman Adams and seconded by Councilman Johnson:

 

RESOLVED, that the City Council hereby receives and files the staff report, dated April 20, 2010, on the Sanitation Collection Services bid.  (Motion ADOPTED.)

 

U.S. BIKE ROUTE 20

Planning and Community Development Director Keith Baker presented a resolution expressing support for the creation and designation of a U.S. Bike Route 20 through the City of Midland, Michigan.  Kerry Irons of the City’s Non-Motorized Transportation Committee responded to questions regarding the project.  The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

WHEREAS, bicycle tourism is a growing industry in North America, contributing $47 billion a year to the economies of communities that provide facilities for such tourists; and

WHEREAS, the American Association of State Highway and Transportation Officials (AASHTO) has designated a corridor crossing the lower peninsula of Michigan to be developed as United States Bike Route 20 (USBR 20); and

WHEREAS, the Michigan Trails and Greenways Alliance, with the cooperation of the Michigan Department of Transportation (MDOT) and other stakeholders, have proposed a specific route to be designated as USBR 20, a map of which is herein incorporated into this resolution by reference; and

WHEREAS, the proposed route for USBR 20 comes through the City of Midland and can, therefore, provide a benefit to our residents and businesses; and
WHEREAS, the city has investigated the proposed route and found it to be a suitable route through the community, and desire that the route be designated so that it can be mapped and signed, thereby promoting bicycle tourism in our area; now therefore

RESOLVED, that the City of Midland City Council hereby expresses its support for the development of USBR 20 and authorizes the posting of signs within the city’s right-of-way identifying the route through the community once the official designation has been made. (Motion ADOPTED.)

 

“COMPLETE STREETS” POLICY

Planning and Community Development Director Keith Baker presented a resolution referring the proposed “Complete Streets” policy to the City Planning Commission.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Wazbinski:


WHEREAS, the City of Midland desires to have a policy for “Complete Streets”, the term given to streets that accommodate all forms of travel including automobiles, bicycles, pedestrians, transit and freight in a safe environment on designated City streets; and

WHEREAS, the City of Midland has adopted a Master Street Plan which proposes a network of streets with design features to properly accommodate pedestrians and vehicular movement including non-motorized transportation that includes the Non-Motorized Plan that specifically defines proposed sidewalks, trails, on-street bike lanes and bike routes; and

WHEREAS, the guiding policy consideration for a Complete Streets policy for the City of Midland is to design, operate and maintain designated City streets to promote safe and convenient access for all users in a manner consistent with and supportive of the surrounding community with improvements that may include an array of facilities and amenities recognized as contributing to the Complete Streets program; and

WHEREAS, the City of Midland supports the concept of Complete Streets and will implement a policy in regards to the review during construction, reconstruction or other changes of transportation facilities on local streets in keeping with the goals of proper accommodation for all forms of travel and in keeping with the design specifications of the Master Street Plan recognizing that all designated streets under the Complete Streets program are different and in each case user needs must be balanced with the benefit of the entire community; and

WHEREAS, the City of Midland recognizes the importance of sidewalks, designated bike routes on street lanes and separate trails as components of the street plan and as part of the Complete Streets policy; and

WHEREAS, it is the intent of the general guideline policy considerations for street maintenance and improvements for the City of Midland to, in part, as a consideration of new or reconstruction of designated streets and right-of-ways to utilize the above policy guidelines for the benefit of the entire community for the Complete Streets program and the accommodation of non-motorized transportation; now therefore

RESOLVED, that the Midland City Council hereby refers the proposed “Complete Streets” policy to the City of Midland Planning Commission for review and recommendation.  (Motion ADOPTED.)

 

ADVISORY BOARDS AND COMMISSIONS REPORT

City Manager Jon Lynch presented a report on the organization of the advisory boards and commissions and directing staff to implement recommended changes.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Johnson:

 

WHEREAS, during the City Council meeting of November 23, 2009, the City Council reviewed the process employed to recruit and select members of its advisory boards and commissions; and

WHEREAS, that discussion evolved to include topics such as what steps can be taken to make recruiting for boards and commissions more effective and whether existing advisory boards and commissions could be realigned to promote more efficient transaction of business; now therefore

RESOLVED, that the Staff Report to the City Council on the organization of the advisory boards and commissions is hereby received; and

RESOLVED FURTHER, that the staff is hereby directed to implement the changes recommended in the Report.  (Motion ADOPTED.)

 

ANNUAL BIKE AUCTION

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at a public auction held on Saturday, May 1, 2010 with the net proceeds being deposited in the General Fund or other appropriate City funds.  (Motion ADOPTED.)

 

PARKS AND RECREATION COMMISSION – ALLEN RESIGNATION

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

RESOLVED, that the resignation of Sid Allen as a member of the Parks & Recreation Commission is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Allen for his service on this important Commission.  (Motion ADOPTED.)

 

BLEACHERS PURCHASE

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of bleachers, Bid No. 3253; and

WHEREAS, sufficient funds are included in the FY 2009/2010 Recreation - Major Maintenance budget for the purchase of the bleachers; now therefore

RESOLVED, that the low bid meeting City specifications submitted by Miracle Recreation of Okemos, Michigan for the purchase of bleachers is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order to Miracle Recreation in the amount of $20,523 in accord with this resolution, the proposal selected, and City specifications.  (Motion ADOPTED.)

 

THRUNE PARK RENOVATION

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, on December 21, 2009, City Council accepted a generous donation from the Charles J. Strosacker Foundation to be used for the renovation of Thrune Park; and

WHEREAS, Section 2-20 of the Code of Ordinances allows City Council to waive competitive bids for projects which utilize funds donated to the City; and

WHEREAS, staff has recommended that Three Rivers Corporation be contracted to renovate the park based on their positive performances on other City projects; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Three Rivers Corporation in an amount not to exceed $329,270 for the renovation of Thrune Park.  (Motion ADOPTED.)

 

HEDGEWOOD AND HANNAH STREET RECONSTRUCTION; CONTRACT NO. 3

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

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 and resurfacing of all of Hedgewood Drive and Hannah Court; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2010 Hedgewood and Hannah Street Reconstruction; Contract No. 3", in the indicated amount of $159,020.90, 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.)

 

2010 PAVEMENT MARKING PROGRAM; CONTRACT NO. 16

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

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

RESOLVED, that the sealed proposal submitted by P.K. Contracting, Inc. of Lake City, Michigan, for the "2010 Pavement Marking Program; Contract No. 16", in the indicated amount of $39,478.00, 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 $5,000.00.  (Motion ADOPTED.)

 

CURRIE GOLF FACILITY OPERATIONAL AUDIT AND BUSINESS PLAN DEVELOPMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, on March 23, 2010 sealed proposals and qualifications for the Currie Municipal Golf Facility Operational Audit and Business Plan Development were received and publicly opened by the City of Midland’s Purchasing Agent; and

WHEREAS, sufficient funding for this project has been donated by the Herbert H. and Grace A. Dow Foundation, the Rollin M. Gerstacker Foundation, the Midland Area Community Foundation, and a member of the Currie Family for this purpose; now therefore

RESOLVED, that in accord with Section 2-18 of the Code of Ordinances, the low sealed proposal meeting the desired qualifications and deliverables submitted by Golf Convergence, Inc. of Castle Rock, CO in an amount not to exceed $29,750 is hereby accepted; and

RESOLVED FURTHER, the Mayor and City Clerk are hereby authorized to execute the Currie Municipal Golf Facility Operational Audit and Business Plan Agreement with Golf Convergence, Inc.  (Motion ADOPTED.)

 

WATER TREATMENT PLANT RESIDUALS TO LAND APPLICATION

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City of Midland Water Treatment Plant produces water softening residuals that must be disposed of in a manner acceptable to the Michigan Department of Natural Resources and Environment; and

WHEREAS, on February 23, 2010 sealed bids were received and opened for Bid No. 3234, Water Treatment Residuals to Land Application, in accord with Section 2-18 of the Midland Code of Ordinances for a 12-month period, including options for two extensions of one year each; and

WHEREAS, funding in account #591-8165-811.81-92 - Sludge Hauling is provided in the 2009/10 Water Fund budget, and funds have been requested for the 2010/11 Water Fund budget; now therefore

RESOLVED, that the low sealed proposal submitted by E-quip Company, Inc. of Alto, Michigan, for the indicated price per cubic yard of $9.43 for up to 5,000 cubic yards per year, 12-month cost not to exceed $47,150.00, is hereby accepted and a purchase order is authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

PO INCREASE FOR CONTRACTUAL REPAIR SERVICES – WATER DISTRIBUTION

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City’s Water Distribution Department relies on contractors to make the necessary repairs to damaged property and roads caused either by main breaks or by the excavations to make the repairs to the mains; and

WHEREAS, annual bids for out lawn repair unit prices are received in January of each year for a 12-month period ending December; and

WHEREAS, a purchase order currently exists in the amount of $180,000.00 to Earthmovers of Midland, based on unit prices received January 2009; and

WHEREAS, on January 12, 2010 of this year, sealed proposals were received and opened for Contractual Services, Bid No. 3231, to provide unit prices for out lawn and associated repairs; and

WHEREAS, Earthmovers submitted the low unit price for three of the most costly items (out lawns, streets), based on a five-year average; and

WHEREAS, an inventory of needed out lawn repairs as a result of main breaks this past winter requires an increase of $30,000.00 to the existing purchase order to complete the work in this fiscal year at the new unit prices; and

WHEREAS, funding has been budgeted for this purpose in the 2009/10 Water Fund account #591-8285-821.93-36 – Repairs & Maintenance; now therefore

RESOLVED, an increase of $30,000.00 to an existing purchase order of $180,000.00 to Earthmovers is hereby authorized, bringing the total purchase order to $210,000.00 for out lawn and associated repair work at the new unit prices; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

CDBG BUDGET AMENDMENT

The following resolution was offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the City of Midland will receive $263,427 in Community Development Block Grant funds for fiscal year 2010-11; and

WHEREAS, it is anticipated that the city will receive $44,000 in 2010-11 program income, and an anticipated fund balance of $170,994 will be carried over from prior fiscal years; and

WHEREAS, on March 1, 2010, the Housing Commission recommended approval of this budget; 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 May 10, 2010, 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 (Attachment A).  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:00 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk