December 21, 1998

A regular meeting of the City Council was held on Monday, December 21, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

 

Minutes Approval of the minutes of the December 7, 1998 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Volunteer Blood Donor Month Jill Liberto, Assistant Public Relations Coordinator, introduced Wilson Coomer, Executive Director of the Ernie Wallace Memorial Blood Bank. Mr. Coomer encouraged citizens to participate and donate blood during "Volunteer Blood Donor Month". The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the month of January, 1999, as VOLUNTEER BLOOD DONOR MONTH in Midland. (Motion adopted.) Mayor Black presented the proclamation to Mr. Coomer.

Zoning Petition No. 436 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 436, which would zone property on the east side of Waldo Avenue north of Mark Twain Drive and adjacent to the US-10 right of way to Residential A-4. A public hearing was opened at 7:50 p.m. Michael Rapanos, 3736 Julie Ann, requested Council consider zoning this property to Residential B. The hearing closed at 7:54 p.m. The following ordinance to amend Ordinance No. 727 was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

ORDINANCE NO. 1431

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

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

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.)

ZTA No. 134A (Screening) James Schroeder, Director of Planning and Community Development, presented information on Zoning Text Amendment No. 134A which would amend various sections of the Zoning Ordinance as they pertain to screening. A public hearing was opened at 8:11 p.m., no comments were made, the hearing closed at 8:12 p.m. The following ordinance to amend Ordinance No. 727 was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

ORDINANCE NO. 1432

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 ORDINANCE BY AMENDING ARTICLE XII--OFFICE-SERVICE "1," SECTION 12.3, SCREENING; ARTICLE XIII--OFFICE-SERVICE "2," SECTION 13.3, SCREENING; ARTICLE XIV--BUSINESS "A," SECTION 14.3, SCREENING, ARTICLE XV-- BUSINESS "B-1," SECTION 15.3, SCREENING; ARTICLE XVI--BUSINESS "B-2," SECTION 16.3, SCREENING; ARTICLE XVIII--BUSINESS "C," SECTION 18.3, SCREENING, ARTICLE XX--LIMITED COMMERCIAL, MANUFAC-TURING, AND RESEARCH, SECTION 20.3, LANDSCAPE AND SCREENING; ARTICLE XXII--INDUSTRIAL "A," SECTION 22.3, SCREENING; ARTICLE XXIII--INDUSTRIAL "B," SECTION 23.3, SCREENING; ARTICLE XXIX--SUPPLEMENTARY REGULATIONS, SECTION 29.12, SCREENING REQUIREMENTS, AND ARTICLE XXX--OFF-STREET PARKING AREA REQUIREMENTS, SECTION 30.3, GENERAL REGULATIONS, SUBSECTION (K), SCREENING OF PARKING SPACES.

The City of Midland Ordains:

Section 1. That Article XII--OFFICE-SERVICE "1," Section 12.3, SCREENING; Article XIII--OFFICE-SERVICE "2," Section 13.3, SCREENING; Article XIV--BUSINESS "A," Section 14.3, SCREENING, Article XV--BUSINESS "B-1," Section 15.3, SCREENING; Article XVI--BUSINESS "B-2," Section 16.3, SCREENING; Article XVIII--BUSINESS "C," Section 18.3, SCREENING, Article XX--LIMITED COMMERCIAL, MANUFACTURING, AND RESEARCH Section 20.3, LANDSCAPE AND SCREENING; Article XXII--INDUSTRIAL "A," Section 22.3, SCREENING; Article XXIII--INDUSTRIAL "B," Section 23.3, SCREENING; Article XXIX--SUPPLEMENTARY REGULATIONS, Section 29.12, SCREENING REQUIREMENTS, and Article XXX--OFF-STREET PARKING AREA REQUIREMENTS, Section 30.3, GENERAL REGULATIONS, Subsection (k), Screening of parking spaces, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended and shall read as follows:

ARTICLE XII--OFFICE-SERVICE "1" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 12.3 SCREENING

Any Office-Service "1" zoned land, when developed for multi-family use or permitted nonresidential purposes, shall be screened on all sides which abut a Residential District in accord with Article XXIX, Section 29.12, of this Ordinance.

ARTICLE XIII--OFFICE-SERVICE "2" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 13.3 SCREENING

ARTICLE XIV--BUSINESS "A" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 14.3 SCREENING

ARTICLE XV--BUSINESS "B-1" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 15.3 SCREENING

ARTICLE XVI--BUSINESS "B-2" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 16.3 SCREENING

ARTICLE XVIII--BUSINESS "C" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 18.3 SCREENING

ARTICLE XX--LIMITED COMMERCIAL, MANUFACTURING,

AND RESEARCH DISTRICT

Section 20.3 LANDSCAPE AND SCREENING

ARTICLE XXII--INDUSTRIAL "A" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 22.3 SCREENING

ARTICLE XXIII--INDUSTRIAL "B" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 23.3 SCREENING

ARTICLE XXIX--SUPPLEMENTARY REGULATIONS

Section 29.12 SCREENING REQUIREMENTS

ARTICLE XXX--OFF-STREET PARKING AREA REQUIREMENTS

    1. All parking spaces in any district serving other than one- and two-family dwellings which are located less than one hundred (100) feet from any abutting Residential District or Office-Service District developed with one-or two-family dwellings located in the same block, shall provide obscuration in accord with Article XXIX, Section 29.12(a)1-3, of this Ordinance. Screening shall be a minimum of three and one-half (3 1/2) feet in height, as measured from the highest ground elevation within four and one-half (4 1/2) feet on either side of the screen. EXCEPTION: Screening shall not be required between abutting parking spaces serving adjoining multiple-family uses.
    2. Any parking for multi-family use or for nonresidential uses permitted in any Agricultural, Residential, Community, Office-Service, Business, or Industrial District, which is directly across a street from a Residential District shall be screened in accord with the following:

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.)

 

Comprehensive Review of Sanitary & Storm Sewer Systems Noel Bush, Utilities Director, presented information on a second reading of an ordinance to require a comprehensive review of the sanitary and storm sewer systems. The following ordinance was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

ORDINANCE NO. 1433

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY ADDING A NEW SECTION WHICH NEW SECTION SHALL BE DESIGNATED AS SECTION 28-130 OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 2. This ordinance shall become effective upon publication. (Ordinance adopted.)

 

PUBLIC COMMENTS

Michael Rapanos, 3736 Julie Ann, requested that Council direct staff to look into the fees charged by both the Building and Planning Departments for a "Certificate of Occupancy". Karl Tomion, City Manager, indicated that staff was working on an ordinance amendment to correct the fees.

 

HRC - Collection System & Treatment Plant Improvements     Noel Bush, Utilities Director, presented information on a resolution that would direct staff to negotiate an agreement with Hubbell, Roth & Clark to develop alternatives for collection system and treatment plant improvements to handle a 50 and 75 year rain event. The resolution would also direct staff to prepare an ordinance amendment to exempt the storm sewer connection fee, if the connection is associated with the separation of footing drains. John Rapanos, 1012 W. Sugnet, requested that Hubbell, Roth & Clark allow the Sensible Sewer Committee and residents to meet with them for input. Dorothy Lengerman, 405 E. Nelson, voiced her concern that storm drains are not large enough to handle the additional flow if disconnection from the sanitary sewer was made mandatory. Charles Hepenstal, 1317 North Parkway, suggested Council use the Sensible Sewer Plan. William Fagley, 2700 Glendale, Chair of the Sensible Sewer Technical Committee, encouraged Council to include storm sewer improvements with the sanitary sewer improvements. James Pollack, 1420 Whitehall, suggested that a 50 to 75 year rain event was a realistic work scope. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, the City of Midland desires to engage the services of an engineering consultant to develop alternatives for collection system and treatment plant improvements to handle a 50 and 75-year rain event; and

WHEREAS, the City of Midland desires to waive the storm water connection fee for properties requesting connection associated with the disconnection of footing drains from sanitary sewers and reconnection to storm sewers; now therefore

RESOLVED, that City Council hereby directs the staff to negotiate an agreement with the previous sewer consultants, Hubbell, Roth and Clark (HRC), to develop alternatives for collection system and treatment plant improvements to handle a 50 and 75-year rain event; and

RESOLVED FURTHER, that as part of the study HRC include within its scope of work the specific review of alternatives the City Council received from citizens at its special meeting on December 14th; and

RESOLVED FURTHER, that it is also recommended that staff be directed to prepare an ordinance amendment to exempt the storm sewer connection fee, if the connection is associated with the separation of footing drains, for introduction and first reading January 25, 1999. (Motion adopted.)

 

Cable Communications Franchise Agreement    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, pursuant to the City of Midland Cable Communications Franchise Procedure Ordinance, Chapter 15, Article V, Division 1 of the City of Midland Code of Ordinances, the City of Midland ("City") granted a franchise to own, operate and maintain a cable television system to Gerity Cablevision, a division of Gerity Broadcasting Company ("Gerity"), such franchise being embodied in a Cable Communications Franchise Agreement by and between Gerity Cablevision, a division of Gerity Broadcasting Company and the City of Midland, Michigan, dated January 30, 1984 (such franchise agreement, as thereafter amended, being referred to herein as the "Franchise"); and

WHEREAS, on November 17, 1986, Bresnan Communications Company Limited Partnership ("BCCLP") assumed Gerity’s obligations and agreed to be bound by the Franchise; and

WHEREAS, BCCLP is the current authorized holder of the Franchise; and

WHEREAS, the Franchise provides that BCCLP, as Grantee, may not assign or transfer the Franchise, or its rights or interests hereunder, nor may control of Grantee be transferred, without the prior written authorization of the City Council; and

WHEREAS, on September 22, 1998, BCCLP filed an application with the City for its consent to the transfer and assignment of the Franchise and BCCLP’s cable system to Bresnan Telecommunications Company, LLC ("BTC"); and

WHEREAS, on October 5, 1998, BCCLP filed Supplemental Confidential Financial Information regarding its September 22 application (that application, together with the Supplemental Confidential Financial Information being hereafter collectively referred to herein as the "Application"); and

WHEREAS, pursuant to the proposed transactions underlying the Application, various entities affiliated with Telecommunications, Inc. ("TCI Parties") that own and operate cable television systems will contribute their systems and related assets and obligations to BCCLP, in return for which TCI Parties will hold a 50% limited partnership interest in BCCLP, and thereafter BCCLP will transfer all of its cable system assets, including the Franchise and the cable system in the City, to BTC, which will be indirectly and wholly owned by BCCLP and which will own and operate the cable system in the City; and

WHEREAS, the City has reviewed and relied upon the Application, as well as all relevant documents, staff reports, public comments and recommendations, and the representations of BCCLP and BTC concerning the proposed transfer; and

WHEREAS, the City has determined that consent to the transfer is in the public interest, provided that BTC is willing to accept certain terms and conditions relating thereto, such terms and conditions being set forth in the Transfer Agreement between and among Bresnan Communications Company Limited Partnership, Bresnan Telecommunications Company, L.L.C. and the City (the Agreement"), attached hereto as Exhibit A; and

WHEREAS, BTC and BCCLP have agreed to accept such terms and conditions and to execute the Agreement; now therefore

RESOLVED, in consideration of the foregoing, the Mayor and the City Clerk are hereby authorized to execute the Transfer Agreement, which transfers control of the City of Midland Cable Communications Franchise Agreement to Bresnan Telecommunications Company, L.L.C. (Motion adopted.)

Gifts for Golf Course Expansion Martin McGuire, Director of Public Services, presented information on gifts donated by the Rollin M. Gerstacker Foundation, the Herbert H. and Grace A. Dow Foundation and the Charles J. Strosacker Foundation for the expansion and renovation of Currie West Golf Course. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City Administration and the Parks and Recreation Commission, has worked for several years preparing to expand and renovate the Currie West Golf Course; and

WHEREAS, the Rollin M. Gerstacker Foundation, the Herbert H. and Grace A. Dow Foundation and the Charles J. Strosacker Foundation have pledged $1,500,000.00, $1,000,000.00 and $225,000.00 respectively for this project; and

WHEREAS, Matthews and Associates, golf course architects from Lansing, Michigan have guided the City through the preparation phase of the project; now therefore

RESOLVED, that the City graciously accepts the gifts from the Gerstacker, Dow and Strosacker Foundations; and

RESOLVED FURTHER, that the City Administration is hereby authorized to negotiate a design contract with Matthews and Associates of Lansing Michigan in accord with Section 2.19 and 2.20 of the Code of Ordinances. (Motion adopted.)

 

Public Library Development Endowment Fund    James Alsip, Director of the Grace A. Dow Memorial Library, presented information on a resolution that would allow the City of Midland to enter into an agreement with the Midland Foundation to create the Public Library Development Endowment Fund. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, this resolution will allow the City of Midland to enter into an agreement with the Midland Foundation to create the Public Library Development Endowment Fund; and

WHEREAS, the purpose of this fund is to support major project initiatives, of either a capital or program expansion nature, which are outside the range of the normal operating funding of the Grace A. Dow Memorial Library; now therefore

RESOLVED, that the City Council authorize the execution of the agreement with the Midland Foundation that will establish the Public Library Development Endowment Fund. (Motion adopted.)

 

Washington Woods Re-lighting Change Order    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City has a contract with Blasy Electric for re-lighting the common areas of Washington Woods; and

WHEREAS, changes to the original contract are recommended to increase energy efficiency, and provide better aesthetic appeal; now therefore

RESOLVED, that a change order to the contract with Blasy Electric in the amount of $10,151.00 is approved and the Purchasing Agent is authorized to implement it immediately. (Motion adopted.)

 

CDBG Subrecipient Agreement - Affordable Housing Alliance     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the 1998-99 Community Development Block Grant budget provides funds to the Affordable Housing Alliance of Midland County for the purpose of providing housing to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a subrecipient agreement with the Affordable Housing Alliance of Midland County to ensure the ongoing provision of these housing facilities for low- and moderate-income individuals and families; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreement on behalf of the City. (Motion adopted.)

 

CDBG Subrecipient Agreement - David Reece Fund     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the 1998-99 Community Development Block Grant budget provides funds to the David Reece Fund for the purpose of providing housing to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a subrecipient agreement with the Reece Community Living Endeavor (David Reece Fund) to ensure the ongoing provision of these housing facilities for low- and moderate-income individuals and families; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreement on behalf of the City. (Motion adopted.)

 

Second Agreement to Modify Restrictions (Sturgeon & Airport)     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, The Herbert H. and Grace A. Dow Foundation donated property to the City in 1962, the Deed to which contained a restriction limiting the use to airport purposes only; and

WHEREAS, in 1968 the City and the Dow Foundation entered into an Agreement to Modify Restrictions; and

WHEREAS, the City, based on verbal discussions, has utilized the property for recreational purposes and nursery related functions; and

WHEREAS, the City is desirous of formalizing the current use patterns and continuing to develop the property for recreational and nursery purposes; and

WHEREAS, the Dow Foundation has agreed to a Second Agreement to Modify Restrictions, as drafted by the City Attorney; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the Second Agreement to Modify Restrictions. (Motion adopted.)

 

Mechanical & Temperature Control System Contract-Library     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, Nelson Trane has successfully provided full maintenance of the mechanical and temperature control systems at the Grace A. Dow Memorial Library during the past two years; and

WHEREAS, funding for this purpose is available in account 271-6027-791.93-12; now therefore

RESOLVED, that upon the recommendation of the Library Director and the City Purchasing Agent, City Council determines that sealed bids for maintaining the mechanical and temperature control systems at the Library are impractical, and under the provisions of Section 2-18 of the Code of Ordinances waives the requirement for sealed bids; and

RESOLVED FURTHER, that the City Council authorize the execution of a contract with Nelson Trane in the amount of $29,292 each year for the next three years to provide full maintenance of the Library’s mechanical and temperature control systems from December 1, 1998 through November 30, 2001. (Motion adopted.)

Truck Hoist Replacement The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the emergency replacement of a truck hoist at the city garage (Bid No. 2250); and

WHEREAS, funding for this equipment is available in the 1998-99 Equipment Revolving Fund budget for Capital Outlay, "Equipment," account number 640-9120-912.97-25; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Kessler’s Equipment Company, Inc. of Saginaw, Michigan in the amount of $23,850.40 for the removal and replacement of one truck hoist in accordance with the proposal and city specifications. (Motion adopted.)

 

Appointment - Sag/Midland Water Supply Corporation     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that Lawrence E. Burks be re-appointed to the Saginaw-Midland Municipal Water

Supply Corporation Board of Trustees for the term expiring December 31, 2004. (Motion adopted.)

 

Budget Transfer - Dow Corning and Dow Chemical Tax Appeals     Patricia Halm, City Attorney, presented information on payment for services regarding The Dow Chemical Company and Dow Corning tax appeals. Councilman Tysse, a recent retiree from The Dow Chemical Company, requested he be allowed to abstain from voting on agenda items 15a, 15b and 15c relating to The Dow Chemical Company. Council unanimously agreed to the abstention. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the assessment of a 1% administration fee was approved as part of the 1998-99 City of Midland budget; and

WHEREAS, the purpose of that fee is to fund the revaluation of property located within the City of Midland and to defend the assessments of the Midland Cogeneration Venture (MCV), The Dow Chemical Company and the Dow Corning Corporation that have been appealed to the Michigan Tax Tribunal; and

WHEREAS, the budget for fiscal year 1998-99, as amended, allotted $222,530 of the anticipated revenue from the administration fee to the revaluation and $677,470 to the defense of the assessment appeals; and

WHEREAS, the cost of appraisals in said assessment appeals has exceeded that which was anticipated and, as such, an additional appropriation in the amount of $247,340 is required to fund the defense of these appeals during the 1998-99 fiscal year; and

WHEREAS, the revaluation has not commenced and as such the revenue allocated for this purpose is available to use for payment of the appraisals; now therefore

RESOLVED, that a total of $222,530 shall be transferred from the account established for the revaluation to the various accounts established for the defense of the assessment appeals, specifically $120,183 for payment of appraisal services in the Dow Corning Corporation assessment appeal and $102,347 for payment of appraisal services in The Dow Chemical Company assessment appeal; and

RESOLVED FURTHER, that the Finance Director is hereby authorized to transfer $24,810 from the General Fund Reserve for Contingency to the account established for payment of appraisal services in The Dow Chemical Company assessment appeal. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Contracted Legal Services The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the Dow Corning Corporation has appealed the 1996, 1997 and 1998 assessment and taxable value of certain property it owns to the Michigan Tax Tribunal; and

WHEREAS, the Dow Chemical Company has appealed the 1997 and 1998 assessment and taxable value of certain property it owns to the Michigan Tax Tribunal; and

WHEREAS, the services of the law firm of Miller, Canfield, Paddock and Stone have been retained to assist the City of Midland in its legal defense in the aforementioned Tax Tribunal cases; and

WHEREAS, on August 11, 1997, the City Council authorized payment for said legal services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in an amount not to exceed $200,000; and

WHEREAS, it is now necessary to authorize payment for these continued legal services in an amount not to exceed that which was appropriated in the 1998-99 City of Midland budget; now therefore

RESOLVED, that payment to the law firm of Miller, Canfield, Paddock and Stone for its continued legal services in the matter of the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company Tax Tribunal appeal is hereby authorized in an amount not to exceed $360,725. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Contracted Appraisal Services The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997 and 1998 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997 and 1998 assessment and taxable value of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the appraisal firms of Max Derbes & Associates and Baker & O’Brien have been retained by the City of Midland to provide appraisal reports of the aforementioned properties; and

WHEREAS, on September 22, 1997, the City Council authorized payment to said appraisal firms for its services in the Dow Corning Corporation and The Dow Chemical Company assessment appeals in an amount not to exceed $100,000; and

WHEREAS, on April 13, 1998, the City Council authorized payment to said appraisal firms for services in these appeals in an amount not to exceed $415,000; and

WHEREAS, the cost of the assessment appeals has exceeded that which was originally anticipated and as such, authorization is required for payment of services rendered by said firms; now therefore

RESOLVED, that payment to the appraisal firms of Max Derbes & Associates and Baker & O’Brien for appraisal services in connection with the aforementioned defense of the Dow Corning Corporation and The Dow Chemical Company assessment appeals is hereby authorized in an amount not to exceed $886,696.00. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

 

Zoning Petition No. 437 - Original Petition Withdrawal     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a request has been received from Michael Skinner for the withdrawal of his petition to rezone lots on the east side of Cambridge Street between Vail and Federal Streets from Residential A-1 and Residential A-4 to Residential B, and further requesting that the parcel on the southeast corner of Vail and Cambridge Streets be rezoned to Residential A-4; now therefore

RESOLVED, that the City Council approves the withdrawal of the original petition of Mr. Skinner for Residential B zoning. (Motion adopted.)

 

Zoning Petition No. 437 - Public Hearing 1/11/99     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 11, 1999, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE RESIDENTIAL A-1 DISTRICT 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:

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

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

 

Being no further business the meeting adjourned at 9:20 p.m.

 

_____________________________________

Penny K. Kovacevich, City Clerk