October 23, 2000

 

A regular meeting of the City Council was held on Monday, October 23, 2000, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, John Coppage, Mary Currie, Marty Wazbinski

Council members absent:

Hollis McKeag (excused)

 

Minutes

Approval of the minutes of the September 11, 2000 special and the October 9, 2000 regular meetings was offered by Council Member Coppage and seconded by Council Member Currie. (Motion adopted.)

 

Ballot Proposal #2, Let Local Votes Count

Jack Duso, Assistant City Manager, gave an overview of Ballot Proposal #2, Let Local Votes Count, prior to Council holding an open discussion on the proposal. Council Member Coppage spoke in support of Proposal No. 2. Charles E. Hadden, speaking on behalf of the Michigan Manufacturing Organizations, spoke in opposition to Proposal No. 2. The Midland City Clerk read a statement received from the Midland Area Chamber of Commerce in opposition to Proposal No. 2.

 

2000-01 Budget and Financial Working Plans Amendment

Debbie Mol, City Controller, presented information on budget amendments for June 30, 2000 encumbrances. A public hearing was opened at 7:45 p.m., no comments were made, the hearing closed at 7:47 p.m. The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, October 23, 2000, on the proposal to amend the budgets of the General Fund, Major Street Fund, Grace A. Dow Memorial Library Fund, and the Cable Communications Fund for the 2000-2001 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, Transportation (Dial-A-Ride) Fund, Wastewater Fund, Water Fund, Storm Water Management Fund, Data Processing Operations Fund, Data Processing Computer Rental Fund, and the Service Center Rental Fund for the 2000-2001 fiscal year in order to provide funding for June 30, 2000 encumbrances; now therefore

RESOLVED, that the 2000-2001 budgets and financial working plans for the following funds be amended by increasing appropriations in the following amounts:

General Fund

Attorney $ 650

Clerk/Treasurer 21,200

City Hall 70,480

Miscellaneous Activities 5,900

Police Administration 1,457

Police General Services Bureau 3,200

Police Detective Bureau 753

Police Patrol Bureau 4,801

Fire Administration 21,175

Fire Fighting 103,154

Fire Maintenance 590

Fire Training 45

Engineering 21,360

Sidewalk Maintenance 1,955

Public Lighting 205

Civic Arena 91,167

Plymouth Park Pool 52,525

Stratford Woods Park 23,000

Risk Management and Loss Control 18,700

Tax Appeals 722,554

Major Park Maintenance 18,900

Total General Fund $ 1,183,771

Major Street Fund

Engineering $ 5,055

Traffic Services 797

Total Major Street Fund $ 5,852

Grace A. Dow Memorial Library Fund

Operations $ 119,200

Investment in Assets 148,685

Total Grace A. Dow Memorial Library Fund $ 267,885

Cable Communications Fund

Operatons $ 2,872

Investment in Assets 6,049

Total Cable Communications Fund $ 8,921

Landfill Fund

Operations $ 304,330

Investment in Assets 807,941

Total Landfill Fund $ 1,112,271

Washington Woods Fund

Operations $ 2,416

Investment in Assets 19,500

Total Washington Woods Fund $ 21,916

Riverside Place Fund

Operations $ 889

Golf Course Fund

Investment in Assets $ 20,370

Parking System Fund

Operations $ 58

Investment in Assets 19,400

Total Parking System Fund $ 19,458

Transportation (Dial-A-Ride) Fund

Investment in Assets $ 365,764

Wastewater Fund

Wastewater Operations $ 103

Residual Processing 2,650

Pump Station Maintenance 10,000

Sewer Plant Maintenance 700

Sanitary Sewer Cleaning 7,993

Sanitary Sewer Repair 82,000

Investment in Assets 429,351

Total Wastewater Fund $ 532,797

Water Fund

Plant Operations Common $ 160

Plant Maintenance - Domestic 30,156

Plant Maintenance Common Consumption 2,520

Plant Maintenance Common 1,395

Valley Pump Station 1,610

Water Distribution Tower Maintenance 54,367

Water Distribution Main Maintenance 12,001

Safety 1,525

Investment in Assets 1,099,857

Total Water Fund $ 1,203,591

 

Storm Water Management Fund

Storm Sewer Cleaning $ 204,843

Storm Sewer Maintenance 22

Total Storm Water Management Fund $ 204,865

Data Processing Operations Fund

Operations $ 84,652

Investment in Assets 20,568

Total Data Processing Operations Fund $ 105,220

Data Processing Computer Rental Fund

Operations $ 191

Service Center Rental Fund

Investment in Assets $ 45,276

(Motion adopted.)

 

Dow Chemical Company IFT Applications

Kathleen Paul, City Assessor, presented information on four applications from The Dow Chemical Company for Industrial Facilities Exemption Certificates. A public hearing was opened at 7:46 p.m. Gary Veurink, Site Director of Michigan Operations with The Dow Chemical Company and Jenee Velasquez, Midland Economic Development Council Executive Director, spoke in support of the Industrial Facilities Exemption Certificates for The Dow Chemical Company. The hearing closed at 7:49 p.m. The following four resolutions were then presented for consideration.

 

IFT Application Dow Chemical Company ($4,540,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated October 6, 2000, which was received by the City Clerk on October 6, 2000, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $4,540,000 and will result in building improvements and equipment for the manufacture of a vinylidine chloride based polymer with an encapsulated blowing agent; that the equipment includes reactors, raw material storage tanks, finished product storage tanks, piping and related electrical and instrumentation; that the building improvements include new structural steel and upgrades to the control room and process control system with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 23, 2000, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2012; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

 

IFT Application Dow Chemical Company ($7,850,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated October 6, 2000, which was received by the City Clerk on October 6, 2000, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $7,850,000 and will result in the design, installation, and startup of a new dewatering system; that it includes polymer manufacturing equipment, scrap handling equipment, and associated vacuum and water handling equipment; and that the project also includes related piping, electrical and instrumentation which will be installed in an existing building; together with building improvements which include a noise enclosure for the vacuum system with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 23, 2000, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2012; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

 

IFT Application Dow Chemical Company ($1,500,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated October 6, 2000, which was received by the City Clerk on October 6, 2000, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $1,500,000 and will result in the installation of a 4000 gallon per minute cooling tower that will be used to operate the Midland Methocel production facility; and includes two cooling towers, two pumps to circulate water through the process, and a strainer for recycling the water; and that a new pipe truss will be installed along with supply lines and related electrical and instrumentation; together with building improvements necessary to house cooling water additive chemicals as well as the motor control center with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 23, 2000, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2012; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

 

 

 

IFT Application Dow Chemical Company ($1,494,000)

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated October 6, 2000, which was received by the City Clerk on October 6, 2000, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $1,494,000 and will result in process improvements and new equipment for the manufacture of Polyglycols, which will improve product quality and operational productivity; that the equipment includes an evaporator, process pumps, vacuum pumps, solids handling, associated piping and instrumentation, and electrical; and that the building improvements include expanding the existing structure to accommodate the equipment with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 23, 2000, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district was duly established within the City of Midland with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2012; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Item No. 5a & 5b (Property bounded by Eastman, Larkin and Ripley)

Prior to consideration of Item No. 5a and 5b, Mayor Black, a partner in the law firm of Riecker, VanDam, Barker and Black, disclosed he represented the Midland Economic Development Council in its efforts to acquire the land bounded by Eastman Avenue, Larkin and Ripley Streets and requested that he be allowed to abstain from discussion and voting on Item No. 5a and 5b. Council unanimously agreed to the abstention. Mayor Pro-tem Wazbinski assumed the chair.

 

Zoning Petition No. 463

Mark Ostgarden, City Planner, presented information on the request to rezone property bounded by Eastman Avenue, Larkin and Ripley Streets from Office-Service 1 to Business B-2. Mark Ostgarden also presented information regarding the conveyance of the same property from the Midland Economic Development Council to the City of Midland. Randy Swierzbin, President of the Midland Historic Neighborhood Association, 1117 Eastman Avenue, voiced concern over the future use of the land. John Winchester, a member of the First United Methodist Church and Jenee Velasquez, Midland Economic Development Council Executive Director, spoke in support of the rezoning and conveyance of property. The following ordinance amendment was then offered by Council Member Coppage and seconded by Council Member Currie:

 

ORDINANCE NO. 1489

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 ZONING CLASSIFICATION WHERE AN OFFICE-SERVICE 1 DISTRICT 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: That part of Block 83, Midland City Original Plat, bounded by Eastman Avenue, Ripley Street and Larkin Street,

be, and the same is hereby changed to a Business B-2 District.

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

Section 3. This Ordinance shall take effect upon publication. (Motion adopted. Yeas: Coppage, Currie, Wazbinski Nays: None Abstained: Black)

 

Conveyance of Property from MEDC to the City of Midland

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

 

WHEREAS, the Midland Economic Development Council has submitted a letter dated October 20, 2000 offering to convey property it owns in Block 83 of the Original Plat of the City of Midland, Block 83 of the Carpenter and Hines Addition, part of Block 35 of the Original Plat of the City of Midland, and part of Block 35 of the Carpenter and Hines Addition; and

WHEREAS, the City Council has expressed interest in accepting the property in the block bounded by Jerome St., Larkin St., Ripley St., and W. Ellsworth St., for the purpose of constructing a parking lot, and the remaining property for the purpose of landscaped green space; now therefore,

RESOLVED, that the City Manager is hereby authorized and instructed to take the necessary steps to accept the property offered by the Midland Economic Development Council and enter into a real estate transaction agreement with the Midland Economic Development Council subject to review and approval by the City Attorney. (Motion adopted. Yeas: Coppage, Currie, Wazbinski Nays: None Abstained: Black)

 

Mayor Pro-tem Wazbinski returned the gavel to Mayor Black.

 

MCTV Ordinance Amendment (1st reading)

Ron Beacom, Administrative Assistant for MCTV, presented information on a proposed amendment to Section 15-133, Rules and Procedures of the City of Midland MCTV Ordinance. Introduction and first reading of the following ordinance amending Section 15-133, Rules and Procedures of the City of Midland MCTV Ordinance was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 15-133 OF DIVISION 2 OF ARTICLE V OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1. Section 15-133 is hereby amended to read as follows:

Sec. 15-133. Rules and procedures

City administration THE CITY COUNCIL shall establish BY RESOLUTION such rules and procedures relative to the general administration, control, supervision and uses of MCTV facilities as shall be deemed necessary or advisable. Scheduling of cablecast time on any channels that may now or hereafter be designated as a government or school district channel by the city council of the City of Midland and any use of a MCTV access channel or channels, including the use of any MCTV studio or equipment, by the city council of the City of Midland or by the city manager or his or her designee may be exempt from all or part of these rules, as determined by THE city administration MANAGER OR HIS DESIGNEE. A copy of said rules and procedures shall be published and maintained in the office of the city clerk.

Section 2. This ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

 

Cemetery Fees Ordinance Amendment (1st reading)

Martin McGuire, Director of Public Services, presented information on a proposed increase in cemetery fees. Introduction and first reading of the following ordinance increasing Cemetery Fees was then offered by Council Member Coppage and seconded by Council Member Currie:

 

ORDINANCE NO. ________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 6-20 OF CHAPTER 6 THEREOF.

The City of Midland Ordains:

Section 1. Section 6-20 of Chapter 6 is amended to read as follows:

CHAPTER 6

Sec. 6-20 Cemetery rates, charges and fees

The rates, charges and fees for cemetery space and services are as follows:

(1) Purchase prices (single grave rates): Resident Non-resident

(a) Adult space, standard section........... $ 435.00 525.00 $ 650.00 785.00

(b) Adult space, flush marker section...... 385.00 460.00 575.00 690.00

(c) Infant space, Little Shepherd.............. 130.00 155.00 195.00 235.00

(d) Cremation space................................ 100.00 120.00 150.00 180.00

(2) Perpetual care (added to interment cost when not previously paid):

(a) Adult space, standard section........... $ 175.00 $ 262.50

(b) Adult space, flush marker section...... 155.00 232.50

(c) Infant space, Little Shepherd................ 52.50 80.00

(d) Cremation space.................................. 40.00 60.00

(3) Interment/disinterment: Regular Fee After 4:00 pm Saturday

(a) Adult........................... $ 370.00 485.00 460.00 575.00 715.00 830.00

(b) Child (3-5 length)....... 265.00 345.00 355.00 435.00 610.00 690.00

(c) Infant (2-3 length)...... 170.00 220.00 260.00 310.00 515.00 565.00

(d) Inurnment (Cremation) 95.00 125.00 185.00 215.00 440.00 470.00

 

 

(4) Indigent grave space:

(a)         Adult............................................................ $ 80.00

(b)         Infant/child.................................................... 60.00

(5) Foundation fees:

(a) Minimum Charge (< 300 sq. in.)................. $ 90.00 $ 120.00

(b) Cost/square inch (> 300 sq. in.).................... 0.30 0.40

(c) Aprons cost/square inch................................ 0.10 0.15

(d) Removals cost/square inch........................... 0.10 0.15

(6) Deeds

(a) Duplicate deeds.......................................... $ 10.00 $ 15.00

(b) Transfer of deeds......................................... 10.00 15.00

Section 2 This Ordinance shall take effect on November 14, 2000. (Motion adopted. Considered first reading.)

 

Preliminary Plat of Foster Woods Subdivision

Mark Ostgarden, City Planner, presented information on the tentative and final approval of the Preliminary Plat of Foster Woods Subdivision. Greg Weckesser, 3011 N. Sturgeon Road, developer of the Foster Woods Subdivision, was present for questions from Council. The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Foster Woods Subdivision; 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, with a variance for the spacing of the intersection of the subdivision access street with East Wheeler Street, and a 12-foot strip of property along the west plat line; and

WHEREAS, the approval of the Michigan Department of Transportation has been received; and

WHEREAS, the approval of the Midland County Drain Commissioner has been received; and

WHEREAS, the approval of the Michigan Department of Environmental Quality has been received; now therefore

RESOLVED, that the City Council does hereby give tentative and final approval to the Preliminary Plat of Foster Woods Subdivision, in accord with the drawing dated as received September 12, 2000, in accord with Section 23-14 and Section 23-15 of the Code of Ordinances of the City of Midland, conditioned upon a variance from Section 23-53 of the Code of Ordinances for the spacing of the intersection of the subdivision access street with East Wheeler Street, based on at least one of the following:

1. There are special circumstances or conditions affecting said property such that strict compliance to the provisions of this chapter would deprive the applicant of the reasonable use of his land.

2. The variance is necessary for the preservation and enjoyment of a substantial right of the proprietor.

3. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which said property is located.

(Motion adopted.)

 

Larkin Parking Structure - Addendum to Renewal and Amendatory Agreement

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

 

WHEREAS, the City of Midland entered into a lease agreement with the Downtown Office Center Limited Partnership on November 8, 1989 for the lease of the entire second floor of the Larkin Parking Structure to commence on November 1, 1990 and expiring at midnight on October 31, 2000; and

WHEREAS, on August 14, 2000 the Midland City Council approved a Renewal and Amendatory Agreement between the City of Midland and the Downtown Office Center Limited Partnership for the lease of the entire second floor of the Larkin Parking Ramp for a term to commence on November 1, 2000 through October 31, 2010; and

WHEREAS, Acquest Realty Advisors, Inc., working on behalf of Midland Ventures Company, General Partner of the Downtown Office Center Limited Partnership, requested that an addendum specifying the number of spaces available for parking on the second floor and a layout of the parking ramp be included with the agreement; now therefore

RESOLVED, that the Addendum to the Renewal and Amendatory Agreement between the City of Midland and the Downtown Office Center Limited Partnership for the lease of the entire second floor of the Larkin Parking Ramp is hereby approved and the Mayor and City Clerk are hereby authorized to execute the addendum. (Motion adopted.)

 

Sanitary Sewer System Improvements Contract Amendment No. 1

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

 

WHEREAS, a report has been received from the City Engineer indicating proposed amendments to the Design of Sanitary Sewer System Improvements Contract with Ayres, Lewis, Norris and May, Inc. dated May 19, 2000; and

WHEREAS, a proposed amendment to the contract with Ayres, Lewis, Norris, and May has been reviewed by the City Engineer, Director of Utilities and City Attorney; and

WHEREAS, funds will be made available from the proceeds of the 2001 Sanitary Sewer General Obligation Bonds; now therefore

RESOLVED, that the City Council hereby accepts Amendment No. 1 in the amount of $69,773.60 to the Design of Sanitary Sewer System Improvement Contract with Ayres, Lewis, Norris and May Inc. of Ann Arbor, Michigan and approves said contract amendment and authorizes its execution by the Mayor and City Clerk. (Motion adopted.)

 

Re-roofing of Grace A. Dow Memorial Library

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the re-roofing of the Grace A. Dow Memorial Library; and

WHEREAS, funding for this project is provided in the 2000/01 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 2429 submitted by Valley Roofing of Bay City, MI, to re-roof the Grace A. Dow Memorial Library at a cost of $91,870 is hereby accepted and the necessary purchase order authorized. (Motion adopted.)

 

Zoning Petition No. 469

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 20, 2000, 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 BUSINESS A ZONING CLASSIFICATION WHERE AN OFFICE-SERVICE 2 DISTRICT PRESENTLY EXISTS, AND TO PROVIDE A BUSINESS B-2 ZONING CLASSIFICATION WHERE A BUSINESS A DISTRICT 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 176.96 feet North of the Southwest corner of Section 18, T14N, R2E, City of Midland, Midland County, Michigan; thence North 203.02 feet; thence North 89 01 15 East 362.67 feet; thence South 395.61 feet to the North right-of-way line of M-20; thence on the arc of an 11,389.16 foot radius curve to the right, the chord bearing South 85 24 55 West 170.16 feet along said North right-of-way line; thence North 200 feet; thence West 193 feet to the Point of Beginning,

be, and the same is hereby changed to a Business A District.

That property described as: Beginning 176.96 feet North and 193 feet East of the Southwest corner of Section 18, T14N, R2E, City of Midland, Midland County, Michigan; thence East 169.62 feet; thence South 186.96 feet; thence on the arc of an 11,389.16 foot radius curve to the right, the chord bearing South 85 24 55 West 170.16 feet on the North right-of-way line of M-20; thence North 200 feet to the Point of Beginning,

be, and the same is hereby changed to a Business B-2 District.

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

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

 

2000-01 DDA Budget Amendment

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

 

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, November 13, 2000, in the Council Chambers of the Midland City Hall on the proposal to amend the 2000-01 budget of the Downtown Development Authority Fund to increase appropriations for capital outlay by $40,100. (Motion adopted.)

 

NEW BUSINESS

Council Member Coppage requested a consultant on Job Performance Reviews (JPR) be contacted to assist Council in its efforts to better prepare for the upcoming JPR of the City Manager.

 

Mayor Black stated he would also like to consider having the same consultant assist Council in developing a goal setting process.

 

Being no further business the meeting adjourned at 9:19 p.m.

 

 

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Penny K. Kovacevich, City Clerk