September 20, 1999

A regular meeting of the City Council was held on Monday, September 20, 1999, 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.

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

Councilmen absent: John Tysse (excused)

Minutes

Approval of the minutes of the September 13, 1999 regular meeting was offered by Councilman Moolenaar and seconded by Councilman Coppage. (Motion adopted.)

 

Roller Skating Month

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the month of October, 1999, as ROLLER SKATING MONTH in Midland. (Motion adopted.)

 

Preliminary Plat – Foxfire Subdivision No. 1

James Schroeder, Director of Planning and Community Development, presented a revised preliminary plat for Foxfire Subdivision No. 1. Jack Pulley, attorney for the proprietor, Tom McCann of 3310 Jefferson Avenue, requested approval of the revised plan. Tom McCann, proprietor, 3310 Jefferson Avenue, spoke in favor of the revised preliminary plat of Foxfire Subdivision No. 1. After considerable discussion regarding ownership and ongoing maintenance of the islands, the following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Council has reviewed the Preliminary Plat of Foxfire Subdivision No. 1; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby rejects the Preliminary Plat of Foxfire Subdivision No. 1, as shown on the drawing dated September 8, 1999, in accord with Section 23-14 of the Code of Ordinances of the City of Midland, for the reason that proper provision has not been made for the ownership and ongoing maintenance of the islands which are shown in the middle of the street rights-of-way within the subdivision; and

RESOLVED FURTHER, that this matter must be settled prior to the approval of this subdivision. (Motion adopted.)

 

Hearings Officer for Structures at 6318 West Wackerly Street

Midland Fire Chief Daniel Hargarten presented information regarding the appointment of a Hearings Officer to conduct a hearing to determine the facts involved and, if warranted, order repair or demolition of three structures located at 6318 West Wackerly Street. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, vacant and unsecured buildings located at 6318 West Wackerly Street, Midland, Michigan, have been deemed dangerous and unsafe as defined in Chapter 5 BUILDINGS AND BUILDING REGULATIONS, of the Code of Ordinances of the City of Midland, specifically Section 5-26, by inspection by building department personnel; and

WHEREAS, a Notice and Order has been delivered by certified mail, return receipt request, as prescribed in Section 5-26 of the Code of Ordinances of the City of Midland, to owner of said property; and

WHEREAS, the prescribed time period stated in said mailed notice requesting the owner’s voluntary cooperation in abating these dangerous and unsafe buildings by repair or demolition has expired, and no action has occurred; and

WHEREAS, a prescribed process is established in Section 5-26 of the Code of Ordinances of the City of Midland to abate dangerous and unsafe buildings; and

WHEREAS, the City Council is required to appoint a Hearings Officer to serve at its pleasure, to conduct the formal procedure for the abatement of dangerous and unsafe buildings as outlined in Section 5-26 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby appoints Robert Martelli, P. E. as Hearings Officer to preside over the findings of fact and issuing of an order dealing with the restoration or demolition of the structures located on the property known as 6318 West Wackerly Street, Midland, Michigan, and said appointment shall last until dangerous and unsafe conditions at these properties are completely abated by repair or demolition. (Motion adopted.)

 

Site Plan No. 184 – Homestead Estates

James Schroeder, Director of Planning and Community Development, presented material to Council on Site Plan No. 184 for Homestead Estates. The Planning Commission recommended approval of Site Plan No. 184 with conditions. Matthew Rapanos, 4618 N. Wild Pine Court, owner of the property, spoke in opposition to the conditions placed upon the approval of the site plan. Councilman Moolenaar moved, seconded by Councilman Wazbinski, the resolution approving Site Plan No. 184. The following resolution to postpone action on the approval of Site Plan No. 184 was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that action on Site Plan No. 184 – Homestead Estates, a site condominium development of nine sites on 5.44 acres on the east side of Foster Road north of East Wheeler Street is hereby postponed until October 4, 1999. (Motion adopted.)

 

PUBLIC COMMENTS

Mark Zimmerman, 200 Redwood Circle, spoke in opposition to obscene literature being distributed at the "Big People’s Video" place of business. William Fagley, 2700 Glendale, spoke on what he considered misconceptions regarding the Sensible Sewer Committee’s proposed program from the City’s call in program on the Midland Governmental Channel, MCTV5. Merton Trombley, 225 Cherryview, expressed his disappointment that the Nelson Street Pump Station was not built in 1989 with funds from the bond issue.

 

Request for Loan Authority – CHOICE Housing Program

James Schroeder, Director of Planning and Community Development, presented material on a request from the Housing Director to approve a loan from the Special Assessment Fund of $150,000 to the Midland Housing Fund for the construction of CHOICE homes. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City Council has previously approved inter-fund loans from the Special Assessment Revolving Fund to the Housing Fund in order to provide working capital for construction of houses for the City's CHOICE Program (Creating Housing Options in Challenging Economies), to be drawn upon as needed; and

WHEREAS, all previous loans were repaid from CHOICE sales proceeds; and

WHEREAS, it is desirable to continue the CHOICE Program with construction of the next fourteen houses; and

WHEREAS, it has been determined that the maximum amount of working capital necessary to complete the next two rounds is $150,000 and that funds available to be loaned for this purpose currently exist in the Special Assessment Revolving Fund; now therefore

RESOLVED, that a loan is hereby authorized to the Housing Fund from the Special Assessment Revolving Fund in an amount not to exceed $150,000, to be utilized as required by cash flows, in the Housing Fund, and to be repaid as funds become available, but, not later than December, 31, 2000, along with interest calculated at the City’s average rate of return on it’s general investments during the period of the loan. (Motion adopted.)

 

Purchase Agreement – Vacant Property on Bradley Street

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, the City of Midland desires to enter into a contract for the purchase of a vacant lot in the City of Midland; and

WHEREAS, the property is described as, "beginning 580 ft. East 166 ft. South of the South 1/8 corner on the West section line of section 15, T14N, R2E, City of Midland, Midland County, Michigan; Thence South 107.6 ft.; thence West 60 ft; Thence North 107.6 ft; Thence East 60 ft. to the point of beginning;" and

WHEREAS, an agreement to purchase said property, dated September 8, 1999, was submitted by city staff to the guardian and conservator Barbara J. Miller on behalf of her mother Lydia E. Angus, in the amount of $10,748; and

WHEREAS, funds for the purchase will be taken from the "702" Midland Housing Fund; and

WHEREAS, a court order from the Circuit Court of Grand Traverse County has approved the purchase agreement; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED FURTHER, that the city administration is hereby authorized to purchase this property on behalf of the City. (Motion adopted.)

 

MEDC – Economic Development Services

Before the agreement with the Midland Economic Development Council was presented, Mayor Black requested that he be allowed to abstain from voting on Agenda Items 8(a) and (b). Mayor Black’s firm; Reicker, VanDam, Barker & Black, have been retained to represent the Midland Economic Development Council on legal matters. Council unanimously agreed to Mayor Black’s abstention. Mayor Black handed the gavel to Mayor Pro Tem Coppage. James Schroeder, Director of Planning and Community Development, presented material regarding an agreement with the Midland Economic Development Council for economic development services to be furnished to the City of Midland. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor and City Clerk are authorized to execute an agreement for the year July 1, 1999, through June 30, 2000, with the Midland Economic Development Council for economic development services at a cost to the City not to exceed $85,000. (Motion adopted. Yeas: Coppage, Moolenaar, Wazbinski Nays: None Abstained: Black)

 

Revolving Loan Fund Guidelines

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

WHEREAS, the City Council of the City of Midland has authorized the use of Community Development Block Grant funds for the establishment of a Revolving Loan Fund to promote economic development in the community and to provide jobs for low- to moderate-income persons; now therefore

RESOLVED, that the attached Revolving Loan Fund Guidelines applicable to the use of said funds be approved. (Motion adopted. Yeas: Coppage, Moolenaar, Wazbinski Nays: None Abstained: Black)

Mayor Black resumed the chair.

 

Time Extension – Sidewalks Stone Ridge North Subdivision

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Stone Ridge Enterprises, proprietor of Stone Ridge North, to extend the period of time to complete the sidewalk in said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk in Stone Ridge North, until July 15, 2002, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk, except that sidewalk along the south side of the West Wackerly Street right-of-way adjacent to Lots 38 and 45, and sidewalk along the north side of the Stone Ridge Drive right-of-way extending 185 feet west from Dublin Avenue is to be installed immediately; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by October 8, 1999, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion adopted.)

 

Time Extension – Sidewalks Woodview Pass No. 4

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Prodo, Inc., proprietor of Woodview Pass Estates No. 4, to extend the period of time to complete the sidewalk in said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk in Woodview Pass Estates No. 4, until October 15, 2000, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by October 8, 1999, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion adopted.)

 

Lawsuit Documentation John A. Rapanos V City of Midland

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, in 1995, John A. Rapanos filed a lawsuit against the City of Midland regarding a strip of land located perpendicular to Russell Street, between Wheeler Street and Sylvan Lane (John A. Rapanos v City of Midland, No. 95-4651-CZ-L) and thereafter Kay Baker, an owner of property adjacent to the property in question, joined the case as an intervener plaintiff; and

WHEREAS, a settlement has been reached in that case; and

WHEREAS, as part of the settlement, the City shall quitclaim part of the property at issue to Kay Baker and accept an easement from Kay Baker for the installation of public utilities to be located on said property; and

WHEREAS, the settlement further provides that the City shall accept an easement for public utilities from John A. Rapanos, Judith Ann Rapanos, Mark Rapanos and Kimberly M. Rapanos over part of the property at issue; and

WHEREAS, the settlement further provides that the City shall quitclaim to John A. Rapanos certain of the property at issue; and

WHEREAS, additionally, the City shall accept ownership of the water main installed by John A. Rapanos over part of the disputed property; and

WHEREAS, pursuant to the settlement, John A. Rapanos shall install a water main connecting the water main currently existing on the North-South portion of "Whisper Ridge" with the water main currently existing on Russell Street, and that after construction has been completed, the City shall assume ownership of said water main and reimburse Mr. Rapanos for the cost of same; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to execute the documents necessary to effectuate the settlement and the City hereby accepts the easements contemplated by said settlement. (Motion adopted.)

 

 Plymouth Park Storage Tank

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, Section 2-19 of the Code of Ordinances does not require sealed proposals for purchases or contracts for professional services; and

WHEREAS, the Plymouth Road Elevated Storage Tank is scheduled to undergo repainting this fiscal year; and

WHEREAS, it is the recommendation of the Water Treatment Plant to contract the professional services of Dixon Engineering and Inspection Services to provide consulting and inspection services for the repainting project; and

WHEREAS, these funds have been budgeted for the 1999-2000 fiscal year and is provided through the Elevated Tank Maintenance Fund Account #591-8284-821.93-53; now therefore

RESOLVED, that consulting and inspection services for the Plymouth Road Elevated Storage Tank Repainting Project from Dixon Engineering and Inspection Services of Lake Odessa, Michigan, is hereby approved in an amount not to exceed $36,837. (Motion adopted.)

 

Pumpkin Festival

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the request from the Midland Downtown Business Association asking permission to conduct a Pumpkin Festival on Thursday, October 28, 1999, from 6:00 – 9:00 p.m. in downtown Midland utilizing the public rights of way and streets is hereby approved subject to the following conditions:

Food vendors must comply with public health requirements and alcohol may not be served unless licensed to do so.

McDonald Street must be cleaned up after the pumpkin roll.

A minimum 12 foot wide fire lane shall be maintained on Main and McDonald Streets during their closure for this event. The fire lane is necessary should fire apparatus need to access any of the buildings that face onto these streets.

The area adjacent to any doorway used for egress from a building shall be kept clear of obstructions.

An area at least three feet in diameter shall be kept clear around all fire hydrants and the fire department connection for any sprinkler system or standpipe; and

RESOLVED FURTHER, that the Department of Public Services will provide barricades and the Police Department will utilize on-duty personnel to monitor the events. (Motion adopted.)

 

Purchase – Stone Channel Lining Material for Landfill

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

WHEREAS, sealed bids for Landfill Stone Channel Lining Material, Bid No. 2317, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Administration has reported sufficient funds are available in Project #9902 Cells 9-13 Closure; now therefore

RESOLVED, that the low qualifying bid proposal submitted by Warack Trucking of Saginaw, Michigan in the amount of $26,862.50 is hereby accepted and a purchase order is authorized. (Motion adopted.)

 

Contract – 1999 Moorland Forcemain Sewer; Contract #20

Brian McManus, Interim City Engineer, presented material to Council on the "1999 Moorland Forcemain Sewer; Contract No. 20". The following resolution was then 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 installation and extension of a sanitary forcemain sewer on Moorland Drive from Woodbridge Lane to Perrine Road; and

WHEREAS, funding for this project is provided by the Wastewater Fund (Project Number SW0001); now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "1999 Moorland Forcemain Sewer; Contract No. 20", in the indicated amount of $28,656.00, 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 any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

 

Zoning Petition No. 447

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 18, 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-1 AND A RESIDENTIAL A-2 ZONING CLASSIFICATION WHERE RESIDENTIAL A-4 AND RESIDENTIAL B 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 intersection of the West line of Section 3, T14N, R2E, City of Midland, Midland County, Michigan, and the North 1/8 line of said Section 3, South to the center line of East Chapel Lane, East along the center line of East Chapel Lane 1100 feet, North 45 East 480 feet to the Point of Beginning; thence North 45 East 670 feet; thence North 45 West to a point which is 1514.5 feet East of the West Section line of Section 3; thence North to the North 1/8 line; thence West along said North 1/8 line to the intersection of the center line of Stillwater Lane; thence Southeasterly along the center line of Stillwater Lane to the intersection with the center line of East Chapel Lane; thence South along the center line of East Chapel Lane to the Point of Beginning,

be, and the same is hereby changed to a Residential A-1 District; and

That property described as: Beginning at the intersection of the West line of Section 3, T14N, R2E, City of Midland, Midland County, Michigan, and the North 1/8 line of said Section 3; thence South to the center line of East Chapel Lane; thence East along the center line of East Chapel Lane 1100 feet; thence North 45 East 480 feet; thence continuing along the center line of East Chapel Lane to the intersection of the center line extended of Stillwater Lane; thence Northwesterly along the center line of Stillwater Lane to the intersection with the North 1/8 line; thence West along the North 1/8 line to the Point of Beginning,

be, and the same is hereby changed to a Residential A-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. (Motion adopted. Considered first reading.)

 

Zoning Petition No. 448

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, October 18, 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-1 ZONING CLASSIFICATION WHERE OFFICE-SERVICE 2 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 the South corner of Lot 11 of the Plat of Hidden Stone Estates, T14N, R2E, City of Midland, Midland County, Michigan; thence Northeasterly 88.95 feet; thence Northwesterly 96 feet; thence Southwesterly to the Northeast right-of-way line of Hidden Stone Court; thence Southeasterly along said right-of-way line to the Point of Beginning,

be, and the same is hereby changed to a Residential A-1 District; and

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.)

 

99/00 Budget Amendment

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, October 4, 1999, in the Council Chambers of City Hall on the proposal to amend the budgets of the General Fund, Major Street Fund, Local Street Fund, Grace A. Dow Memorial Library Fund, Cable Communications Fund and the Downtown Development Authority Fund for the 1999-2000 fiscal year and to amend the financial working plans of the Landfill Fund, Washington Woods Fund, Riverside Place Fund, Golf Course Fund, Parking System Fund, Wastewater Fund, Water Fund, Data Processing Operations Fund, Equipment Revolving Fund and the Service Center Rental Fund for the 1999-2000 fiscal year in order to provide funding for June 30, 1999 encumbrances. (Motion adopted.)

 

Midland Mold & Machining IFT Application

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application received August 27, l999, from Midland Mold & Machining, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to installation of new automated machinery and equipment in the amount of $122,827.67 relating to new facility approval to allow expansion in the Tri-City Plastics Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 4, 1999, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Dow Chemical Company IFT Application ($1,580,000)

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application received September 10, l999, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to a capacity expansion of the Midland DRYTECH Plant in the amount of $1,580,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 4, l999, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Dow Chemical Company IFT Application ($4,200,000)

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application received September 10, l999, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to a capacity expansion of one of Dow’s facilities that produces Sevalamer Hydrochloride in the amount of $4,200,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 4, l999, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Dow Chemical Company IFT Application ($1,600,000)

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application received September 10, l999, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to Dow’s ability to supply an improved resin to the customer in the amount of $1,600,000 relating to new facility approval to allow further expansion in the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 4, l999, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

Dow Chemical Company IFT Application ($1,420,000)

The following resolution was offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that an application received September 10, l999, from The Dow Chemical Company, with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate relating to a Fabricated Products pilot plant for foam extrusion research and development in the amount of $1,420,000 relating to new facility approval to allow further expansion in the Dow Chemical Company Industrial Development District No. 2 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, October 4, l999, at 7:00 p.m., in the Council Chambers of the City, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

 

NEW BUSINESS:

 

Karl Tomion, City Manager, announced that James Schroeder, Director of Planning and Community Development, has been named Michigan’s Outstanding Planner of the Year. The award will be presented to James Schroeder on Thursday, September 23, 1999, in Grand Rapids.

 

Mayor Black reminded residents that city staff, Hubbell, Roth & Clark representatives and City Council members would participate in a daylong informational session on the sanitary and storm sewer programs at the Midland Mall on Wednesday, September 22, 1999.

 

Being no further business the meeting adjourned at 9:25 p.m.

 

_____________________________________

Penny K. Kovacevich, City Clerk