December 4, 2000

 

A regular meeting of the City Council was held on Monday, December 4, 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, Hollis McKeag, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the November 20, 2000 regular meeting was offered by Council Member Coppage and seconded by Council Member McKeag.  (Motion adopted.)

 

Bette R. Tollar Civic Commitment Award

Selina Tisdale, Community Relations Coordinator, introduced Howard Garrett, Chair of the Beautification Advisory Committee.  Mr. Garrett announced that this year’s recipient of the Bette R. Tollar Civic Commitment Award was the Dow Centennial Garden in Ned S. Arbury Park.  Junia Doan, a member of the Centennial Garden Steering Committee, accepted the award from Mayor Black on behalf of the committee.

 

Home Builders Association of Midland 40th Anniversary

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation recognizing the Home Builders Association of Midland on its 40th Anniversary.  (Motion adopted.)

 

Zoning Petition No. 469

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 469, which would rezone property on the north and east of the intersection of Isabella Street (M-20) and Vance Road.  The Planning Commission at its September 26, 2000 meeting, recommended denial of rezoning property from Office-Service 2 to Business A and the Commission voted 4-4 to deny rezoning property currently zoned Business A to Business B-2.  A public hearing on Zoning Petition No. 469 was held on November 20, 2000, petitioner Tom McCann, 3310 Jefferson, spoke in favor of the request.  Dennis Raleigh, 3327 Cones Court, Donna Preston, 3417 Cedar Street and Charlotte Atton, 3405 Cedar Street, all spoke in opposition to the petition.  Council Member Wazbinski, seconded by Council Member McKeag, moved to place Zoning Petition No. 469 back on the table.  Mayor Black opened the floor for additional comments.  Petitioner Tom McCann, 3310 Jefferson, spoke in favor of the rezoning.  Dennis Raleigh, 3327 Cones Court, Charlotte Atton, 3405 Cedar Street, Donna Preston, 3417 Cedar Street and Donald Sherwood, 3323 Cones Court, all spoke in opposition to Zoning Petition No. 469.  Council Member McKeag, seconded by Council Member Coppage, moved to vote separately on the two different rezoning requests under Zoning Petition No. 469.  (Motion adopted.)

Council Member McKeag, seconded by Council Member Wazbinski, moved the following ordinance amendment to rezone property on the north and east side of the intersection of Isabella Street (M-20) and Vance Road, being the south portion of land under Petition No. 469, from Business A to Business B-2. 

 

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.  (Ordinance denied.  Yeas:  McKeag   Nays:  Black, Coppage, Currie, Wazbinski)

 

Council Member Coppage, seconded by Council Member Currie, moved the following ordinance amendment to rezone property north and east of the intersection of Isabella Street (M-20) and Vance Road, being the north portion of land under Petition No. 469, from Office-Service 2 to Business A. 

 

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.  (Ordinance denied.  Yeas:  McKeag   Nays:  Black, Coppage, Currie, Wazbinski)

 

PUBLIC COMMENTS

Tom McCann, 3310 Jefferson, spoke regarding the decision to deny Zoning Petition No. 469 and asked if a petitioner could come back next week on a zoning request without waiting a year?  Mayor Black indicated that question would be referred to staff.  Mr. McCann requested Council consider televising Planning Commission work sessions, Zoning Board of Appeals meetings and the Planning Commission agenda just prior to the meeting.  Mr. McCann also requested that display advertising in the newspaper for meetings be printed in bigger print and in a better location.  Karl Tomion, City Manager, stated staff would check with Midland Daily News regarding placement of display ads.

 

2000-01 Downtown Development Authority Budget Amendment

Debbie Mol, City Controller, presented information on an amendment to the 2000-01 Downtown Development Authority Budget.  A public hearing was opened at 8:33 p.m., no comments were made, the hearing closed at 8:34 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, December 4, 2000, on the proposal to amend the 2000-2001 budget of the Downtown Development Authority Fund; now therefore

RESOLVED, that the 2000-2001 budget of the Downtown Development Authority Fund is hereby amended by increasing appropriations for capital outlay by $60,100.  (Motion adopted.)

 

Special Use Permit No. 9

Jon Lynch, Director of Planning and Community Development and Dan Hargarten, Fire Chief, presented information on Special Use Permit No. 9 to conduct outdoor sales along the east side of the building at 3128 Jefferson Avenue, Gill-Roy’s Got-It Hardware Store.  A public hearing was opened at 8:58 p.m.   Kurt Zimmerman, 5214 N. McKinley, Flushing, speaking on behalf of Gill-Roy’s Got-It Hardware Store located at 3128 Jefferson Avenue, spoke in favor of the special use permit.  James L. Garrison, 210 Federal, indicated he was in favor of the fence but was in opposition to the placement of a propane tank in the area citing safety concerns.  E. Richard Humburg, Jr., 1100 S. Homer Road and owner of a rental house at 309 E. Ashman, indicated he had no problem with the fence placement but expressed safety concerns over the placement of a propane tank in the area.  The hearing closed at 9:27 p.m.  After further discussion regarding the placement of the propane tank, Council Member Wazbinski, seconded by Council Member Currie, moved the following resolution to postpone action on Special Use Permit No. 9 until December 18, 2000:

 

WHEREAS, a public hearing was held on Monday, December 4, 2000, for the purpose of considering Special Use Permit No. 9 – to conduct outdoor sales along the east side of the building at 3128 Jefferson Avenue, Gill-Roy’s Got-It Hardware Store; now therefore

RESOLVED, that action on Special Use Permit No. 9 is hereby postponed until December 18, 2000, at 7:00 p.m.  (Motion adopted.)

 

Dow Corning Corporation - IFT Applications

Kathleen Paul, City Assessor, presented information on the requests from the Dow Corning Corporation for two Industrial Facilities Exemption Certificates.  A public hearing was opened at 9:45 p.m.  Joseph Mulders, Dow Corning Tax Supervisor, Brad Barr and Kirt Cronin from the Dow Corning Corporation, gave an overview of the process and spoke in support of the request.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the Dow Corning Corporation requests for tax abatement.  The hearing closed at 10:00 p.m.  Prior to voting on the IFT requests, Council Member Wazbinski, an employee of the Dow Corning Corporation Hemlock Semiconductor Plant, requested that he be allowed to abstain from voting.  Council unanimously agreed to the abstention.  The following two resolutions were then presented for consideration.

 

Dow Corning Corporation – IFT Application ($13,710,000)

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

 

WHEREAS, the Dow Corning Corporation Industrial Development District was established by resolution of the Midland City Council on February 23, 1981; and       

WHEREAS, Dow Corning Corporation made an application dated November 10, 2000, which was received by the City Clerk on November 10, 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 total project cost of $13,710,000, which includes $10,821,000 in new personal property and $2,889,000 in building and land improvements with the same being located within the Dow Corning Corporation Industrial Development District.  This project will upgrade technology and expand capacity for production of specialty silicone intermediates; 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 December 4, 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 proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and 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 industrial development 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; 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 Dow Corning Corporation 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 Dow Corning Corporation for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of  12  years with an ending date of December 30, 2013; and

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

 

Dow Corning Corporation – IFT Application ($2,950,000)

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

 

WHEREAS, the Dow Corning Corporation Industrial Development District was established by resolution of the Midland City Council on February 23, 1981; and       

WHEREAS, Dow Corning Corporation made an application dated October 14, 2000, which was received by the City Clerk on October 30, 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 total project cost of $2,950,000, which includes $2,750,000 in new personal property and $200,000 in building and land improvements with the same being located within the Dow Corning Corporation Industrial Development District.  This project will upgrade technology and expand capacity for production of specialty silicone intermediates; 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 December 4, 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 proposed facility is located within an industrial development district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and 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 industrial development 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; 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 Dow Corning Corporation 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 Dow Corning Corporation for a new facility approval within the Industrial Development District be and the same is hereby approved for a period of  12  years with an ending date of December 30, 2013; and

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

 

Snake Creek Basin Cleaning Project Update

Noel Bush, Director of Utilities, presented an update on the Snake Creek Basin Cleaning project and requested that Council consider obtaining new bids to undertake the project with smaller equipment.  Charles Breed, 4204 Sherwood Court, spoke in opposition to the Snake Creek Basin Cleaning project and suggested a compromise by lowering the number of trees to be removed.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

WHEREAS, the City Council has received a report from the Utilities Director and the City Engineer on necessary improvements to the Snake Creek Basin; now therefore

RESOLVED, that the City Council hereby authorizes and directs the City Administration to:

1.   Terminate the existing contract with Chippewa Contracting so that the remaining work can be accomplished with smaller equipment as requested by adjacent residents.

2.   Obtain new bids to undertake the project with smaller equipment (i.e. chain saws, tractors with small impact flotation tires and/or Bobcats, Hi-Rangers were needed for larger trees, a 6-man hand crew and small chippers, etc.).  Within the remaining area we have been able to identify individual trees for removal and believe that by precisely inventorying those to be removed we can obtain a favorable price for smaller equipment.

3.   Present these bids to the City Council for award at the December 18 meeting.

(Motion adopted.)

 

2001 Construction Program

Petitions for public improvements had to be filed by November 15, 2000, to be considered for inclusion in the 2001 Construction Program.  The following sixteen resolutions were presented for consideration.

 

Bogel Drive - Water Main

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

 

RESOLVED, that the attached petition received from Mr. & Mrs. Joe Bogel for the installation of a water main on Bogel Drive from Airport Road to the north line of Bogel’s Urban Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Dublin Avenue - Water Main

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

 

RESOLVED, that the attached petition received from Gary Bartow for the installation of a water main on Dublin Avenue from Airport Road to 1500 feet north, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Gerald Court - Water Main

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

 

RESOLVED, that the attached petition received from Affordable Housing Alliance of Midland County for the installation of a sanitary sewer on Gerald Court from the end of the existing cul-de-sac to 600 feet north then a 400 foot east-west “T” with cul-de-sacs at each end, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Lee Street - Water Main

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

 

RESOLVED, that the attached petition received from Prodo, Inc. for the installation of a water main on Lee Street from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Perrine Road - Water Main

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

 

RESOLVED, that the attached petition received from Earl D. Bennett Construction, Inc. for the installation of a water main on Perrine Road from the end of the existing water main to the north line of section 31, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Bogel Drive - Sanitary Sewer

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

 

RESOLVED, that the attached petition received from Mr. & Mrs. Joe Bogel for the installation of a sanitary sewer on Bogel Drive from Airport Road to the north line of Bogel’s Urban Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Gerald Court - Sanitary Sewer

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

 

RESOLVED, that the attached petition received from Affordable Housing Alliance of Midland County for the installation of a sanitary sewer on Gerald Court from the end of the existing cul-de-sac to 600 feet north then a 400 foot east-west “T” with cul-de-sacs at each end, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Lee Street - Sanitary Sewer

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

 

RESOLVED, that the attached petition received from Prodo, Inc. for the installation of a sanitary sewer on Lee Street from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Perrine Road - Sanitary Sewer

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

 

RESOLVED, that the attached petition received from Jonathon A. Gould for the installation of a sanitary sewer on Perrine Road from the end of the existing sanitary sewer main to 960 feet north, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Perrine Road - Sanitary Sewer

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

 

RESOLVED, that the attached petition received from Earl D. Bennett Construction, Inc. for the installation of a sanitary sewer on Perrine Road from the end of the existing sanitary sewer to the north line of section 31, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Bogel Drive – Street Improvement

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

 

RESOLVED, that the attached petition received from Mr. and Mrs. Joe Bogel for the street improvement on Bogel Drive from Airport Road to north line Bogel’s Urban Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Gerald Court – Street Improvement

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

 

RESOLVED, that the attached petition received from Affordable Housing Alliance of Midland County for the street improvement on Gerald Court from the end of the existing cul-de-sac to 600 feet north then a 400 foot east-west “T” with cul-de-sacs at each end, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Lee Street – Street Improvement

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

 

RESOLVED, that the attached petition received from Prodo, Inc. for the street improvement on Lee Street from Clay Street to the south line of lots 32 and 44 of Adams Acres Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Mac Street – Street Improvement

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

 

RESOLVED, that the attached petition received from Michael and Lynne Mischley for the street improvement on Mac Street from Saginaw Road to the end of the cul-de-sac, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Shreeve Street – Street Improvement

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

 

RESOLVED, that the attached petition received from Donald Toland for the street improvement on Shreeve Street from Dauer Street to Novak Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Waldo Court – Street Improvement

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

 

RESOLVED, that the attached petition received from Mark and Erma Roberts for the street improvement on Waldo Court from Saginaw Road to the south 1/8 line, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2001 Construction Program.  (Motion adopted.)

 

Flex Spending Account Plan Amendment

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

 

WHEREAS, the undersigned certifies that attached hereto are true copies of the City of Midland Flexible Spending Account as amended and restated and the Summary Plan Description; now therefore

RESOLVED, that the form of amended Cafeteria Plan including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective January 1, 2001, presented to this meeting is hereby approved and adopted and that the proper agents of the City are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment; and

RESOLVED FURTHER, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan; and

RESOLVED FURTHER, that the proper agents of the City shall act as soon as possible to notify employees of the City of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved.  (Motion adopted.)

 

Saginaw-Midland Municipal Water Supply Corp. – Board of Trustees

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

 

RESOLVED, that Karl S. Tomion, City Manager of the City of Midland, Michigan, is hereby re-appointed to the Saginaw-Midland Municipal Water Supply Corporation Board of Trustees for the term expiring December 31, 2006.  (Motion adopted.)

 

Permit Parking Fee Increase

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

 

WHEREAS, Section 8.25 of Section 24.13 of the Code of Ordinances allows the Council, by resolution, to fix regulations, control and maintenance of said parking lots and determine the rate to be charged to the public for the use of the same; now therefore

RESOLVED, that by authority of Section 8.25 of Section 24.13 of the Code of Ordinances, the Council hereby authorizes the issuance of annual permits for parking in the uncovered City permit parking lots for a fee of $130.00 per space annually effective immediately for the year 2001 and until revised by the Midland City Council; and

RESOLVED FURTHER, that covered permit parking spaces on the first floor of the Larkin Parking Structure shall be leased in the year 2001 for a fee of $255.00 per space with permit parking fees in the Larkin Parking Structure to be adjusted annually by the City Treasurer’s Office according to the September Consumer Price Index (CPI-U for Detroit, Ann Arbor, and Flint, Michigan, for all items) through the year 2010.  (Motion adopted.)

 

MDOT Transportation Enhancement Fund Application – Bay City Rd/US-10 Landscaping

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

 

WHEREAS, the City of Midland wishes to enhance the areas around the recently constructed Bay City Road/US-10 interchange by the installation of landscaping improvements to create a more beautiful entrance into the city; and

WHEREAS, this project will enhance recreational and economic opportunities in this area of the City of Midland; and

WHEREAS, the Michigan Department of Transportation is submitting a Transportation Enhancement Fund Application for funding said landscaping improvement project; now therefore

RESOLVED, that the Midland City Council hereby supports the submission of a Transportation Enhancement Fund application prepared by the Michigan Department of Transportation for said landscaping improvements at the Bay City Road/US-10 interchange; and

RESOLVED FURTHER, that the City of Midland will maintain this facility once construction has been completed.  (Motion adopted.)

 

Antenna Site License Agreement Modification

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the attached second modification agreement, as prepared by the City Attorney, granting a license to the Motient Communications Company, f/k/a ARDIS Company, successor in interest to the IBM Corporation, to operate and maintain its existing two-way radio station on the City's water tower located at Jefferson Avenue and Nelson Street.  (Motion adopted.)

 

DART Operating Assistance Contract with MDOT

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

 

RESOLVED, that the City Manager and City Clerk are authorized to execute Contract No. 2001-0054 with the Michigan Department of Transportation for Section 5311 operating assistance for the City’s DART bus system.  (Motion adopted.)

 

Amendment to Planned Unit Development No. 2 – Harcrest Woods Condominiums

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2001, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering an amendment to Planned Unit Development No. 2, Harcrest Woods Condominiums, the request of Robert VanSickle, on behalf the Harcrest Woods Condominium Association, to permit installation of traffic control gates at the east entrance to the complex (Harcrest Drive just west of Thornberry Drive), in accord with Section 26.5(a) of the Zoning Ordinance of the City of Midland.  (Motion adopted.)

 

Zoning Petition No. 470

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

 

WHEREAS, the City Planning Commission has considered a request to rezone property described below from Residential A-1 to Business B-2; and

WHEREAS, the Planning Commission has recommended to City Council that a portion of said property be rezoned to Office-Service 2 and the remaining portion be rezoned to Business A; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2001, 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; and

RESOLVED FURTHER, that all property owners within four hundred (400) feet of the area proposed to be rezoned shall be notified by mail prior to the date of the hearing.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 CLASSIFICATION WHERE A RESIDENTIAL A-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: Beginning at the Southwest corner of Section 32, Larkin Township, City of Midland, Midland County, Michigan; thence East 2276 feet along the South Section line; thence Northerly to the South right-of-way line of US-10; thence Westerly along the South right-of-way line of US-10 to the West line of Section 32; thence North 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.)

 

Being no further business the meeting adjourned at 10:40 p.m.

 

 

 

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            Penny K. Kovacevich, City Clerk