January 29, 2001

 

A regular meeting of the City Council was held on Monday, January 29, 2001, 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 January 8, 2001 special and regular meeting and January 17, 22 and 23, 2001 special meetings was offered by Council Member Coppage and seconded by Council Member Wazbinski.  (Motion adopted.)

 

Site Plan No. 197 – Eastlawn Center

Jon Lynch, Director of Planning and Community Development, presented material on Site Plan No. 197.  A.J. Damman Company requested a site plan review and approval of the redevelopment of the existing shopping center known as Eastlawn Center LC, located at the corner of Eastlawn Drive and South Saginaw Road.  Michael Damman from A.J. Damman Company of Troy, Michigan, reviewed the plans and spoke in support of the redevelopment.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 197, the request of A. J. Damman Company for site plan review and approval of the redevelopment of an existing shopping center, Eastlawn Center LC, located at 825 – 985 South Saginaw Road, to eliminate 15,000 square feet of existing space and construct 14,490 square feet of space in the form of a freestanding Walgreen Pharmacy, subject to the following conditions:

1. Storm-water retention, flow, and disposal will be addressed in accord with recommendations of the City of Midland Engineering Department.

2.  Any new advertising signs will be placed in compliance with Section 31 of the Zoning Ordinance.

3.  Site landscaping will be provided in compliance with Section 30.3(k) of the Zoning Ordinance.

4.  The southernmost curb cut on South Saginaw Road be moved 75 feet to the north; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 197, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 197, in accord with the drawing dated as received November 14, 2000, with the conditions cited above.  (Motion adopted.)

 

Site Plan No. 198 – Whisper Ridge East

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 198 for Whisper Ridge East.  The petitioner Mark Rapanos, 925 E. Wheeler Street, reviewed the plans and spoke in support of the project.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 198, the request of Mark Rapanos for site plan review and approval of Whisper Ridge East, a residential site condominium development of 16 building sites on 4.9 acres north of North Saginaw Road and east of Russell Street; and 

WHEREAS, the City Council has reviewed the proposed Site Plan No. 198, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 198, in accord with the drawing dated as received November 22, 2000.  (Motion adopted.)

 

Preliminary Plat of Bogel’s Urban Subdivision No. 2

Jon Lynch, Director of Planning and Community Development, presented information on the proposed Preliminary Plat of Bogel’s Urban Subdivision No. 2.  Jerry Jones, from Ayres Associates, speaking on behalf of the Bogels, reviewed the plat and requested Council’s support for the project.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Bogel’s Urban Subdivision No. 2, a residential subdivision of 23 lots on 11.47 acres north of Airport Road and west of Perrine Road; 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, subject to the following contingencies:

1.      Lots be modified to meet the 1 to 2.5 width-to-depth ratio, or appropriate dimensional variances be secured.

2.      Bogel Road will be continued in the future.

3.      A temporary turnaround shall be provided at the dead end of Bogel Road.

4.      Fire safety requirements, as set forth by Chief Hargarten in his memorandum of December 6, 2000, shall be complied with.

5.   Storm-water retention, drainage, and easement requirements will be met to the satisfaction of the Midland Engineering Department; now therefore

RESOLVED, that the City Council does hereby give tentative approval to the Preliminary Plat of Bogel’s Urban Subdivision No. 2, in accord with the drawing dated November 30, 2000, and in accord with Section 23-14 of the Code of Ordinances of the City of Midland, subject to the contingencies listed above; and

RESOLVED FURTHER, that a variance is hereby granted from Section 23-41 of the Code of Ordinances for the lot width-to-depth ratio for Lots 29-45, 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.)

 

United Steelworkers of American Local 12075 – request for use of right-of-way

James St. Louis, Chief of Police, presented information on a request from Local 12075 of the United Steelworkers of America to use public right-of-ways for picketing and for the placement of portable restrooms, shelters and heaters in the event of a work stoppage at The Dow Chemical Company.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Currie:

 

RESOLVED, that under the provision of Section 22-1 of the Code of Ordinances, permission is hereby granted to Local 12075 of the United Steelworkers of America to place portable restrooms, shelters, and portable heaters as approved by City staff, on the public right-of-way on State Street, Washington Street, Bay City Road, Poseyville Road, Patrick Road, and Eastlawn Drive, for the duration of the strike subject to placement which does not interfere with the visibility and safe movement of vehicles as determined by the Traffic Engineer, and at locations approved by City staff.  (Motion adopted.)

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, commented on the lack of snow removal on the sidewalk along the north side of Bay City Road.  Martin McGuire, Director of Public Services, stated he was not aware of the problem but would investigate the situation.

 

Annexation – Larkin Township

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing at a point 1089 feet North of the Southwest corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 330 feet; thence North 80 feet, thence West 330 feet; thence South 80 feet to the Point of Beginning, 

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than those petitioning, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the City Clerk shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and to the Midland County Clerk.  (Motion adopted.)

 

Hazard Mitigation Plan

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

 

WHEREAS, the City of Midland, Michigan has experienced repetitive disasters that have damaged commercial, residential and public properties, displaced citizens and businesses, and closed streets dividing the community both physically and emotionally, and presented general public health and safety concerns; and

WHEREAS, a Hazard Mitigation Plan has been prepared that outlines the community's options to reduce overall damage and impact from natural and technological hazards; and

WHEREAS, the Hazard Mitigation Plan was adopted on January 31, 2000; now therefore

RESOLVED, that the attached amendments are adopted as a part of the official plan of the City of Midland, Michigan.  (Motion adopted.)

 

M.J.C. Golf, Inc. Change Orders No. 003 - 007

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

 

RESOLVED, that Change Orders #003, 004, 005, 006, and 007 in the aggregate amount of $58,902 are hereby approved amending the contract with MJC Golf that was approved on February 14, 2000; and

RESOLVED FURTHER, that the City Manager be authorized and directed to execute these change orders on behalf of the City of Midland.  (Motion adopted.)

 

Non-ice Events at Midland Civic Arena

Martin McGuire, Director of Public Services, presented a report and recommendations from the Parks and Recreation Commission regarding non-ice shows held at the Midland Civic Arena.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member McKeag:

 

WHEREAS, concerns were received regarding non-ice events at the Midland Civic Arena; and

WHEREAS, a staff committee and the Parks and Recreation Commission have studied the issue including the receipt of public comment; and

WHEREAS, the Parks and Recreation Commission unanimously recommended a four point plan as follows:

1)      Release contracts for shows for Spring 2001.

2)      Monitor traffic patterns of 2001 shows closely, with personnel assigned specifically for that function.  Compile data on numbers of cars at regular intervals, location of parked cars and enforcement action.

3)      Limit future shows to the month of April or events specifically approved by City Council.

4)      Implement future permanent and temporary traffic controls that are warranted by the study undertaken by #2 above.

; now therefore

RESOLVED, that the staff is directed to implement the proposed plan.  (Motion adopted.)

 

Support County Road Commission Plan for North-South Route Over Tittabawassee River

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

 

WHEREAS, in May 1992 a comprehensive, long-range transportation plan was prepared for the Midland County Road Commission that set forth recommendations for anticipated traffic circulation for the next 15 to 20 years; and

WHEREAS, the transportation plan identified the following four objectives:

  1. To provide safe and efficient access to the growing industrial section south and east of the City of Midland
  2. To provide for a north-south route over the Tittabawassee River west of Midland in order to reduce travel through the urban area of Midland County
  3. To provide for a continuous north-south route between US-10 and Gordonville Road to the industrial areas near Midland
  4. To improve County roads which are projected to experience severe traffic congestion; and

WHEREAS, the Midland County Road Commission and the Midland Economic Development Council has identified as the number one priority transportation project the north-south route over the Tittabawassee River west of Midland that will connect Meridian Road with M-30; and

WHEREAS, the City of Midland, the Village of Sanford, the City of Coleman, and the Midland County Road Commission have a long history of cooperation in improving the transportation infrastructure of Midland County through sharing extra voted road millage revenues for joint projects; and

WHEREAS, the Midland County Road Commission has requested the City Council to express its support of the north-south route over the Tittabawassee River; now therefore

RESOLVED, that the City Council hereby expresses its support for said project and looks forward to the public safety and street maintenance benefits of reducing heavy and industrial truck traffic through the City of Midland as a result of its construction.  (Motion adopted.)

 


Purchase – Administrative Cars, Police Cruisers and Light Duty Vehicles

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

 

WHEREAS, annual bids for automobiles and light duty vehicles are solicited by the State of Michigan and Oakland County and the City of Midland is authorized to make purchases from these programs; and

WHEREAS, funding for the purchase of twenty-four vehicles in the amount of $413,500.00 is included in the 2000-01 Equipment Revolving Fund budget for Capital Outlay, “Vehicles”, and the City staff recommends the purchase of seventeen vehicles at a total cost of $288,972.01; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Oakland County’s selected vendor, Whelan Chevrolet of Sterling Heights, Michigan in the amount of $44,367.33 for the purchase of three full-size administrative cars; to Oakland County’s selected vendor, Shaheen Chevrolet of Lansing, Michigan in the amount of $37,954.44 for the purchase of two police cruisers; to Oakland County’s selected vendor, Holman GMC of Westland, Michigan in the amount of $67,014.00 for the purchase of two 3/4  ton window vans with full body glass and two 3/4 ton window vans with door glass, all in accordance with the Oakland County Cooperative Purchase Program proposal and specifications; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue purchase orders to the State of Michigan’s selected vendor, Snethkamp Dodge of Lansing, Michigan in the amount of $139,636.24 for the purchase of four compact pickups, one 1/2 ton pickup, two 3/4 ton 4 X 4 pickups with snow plows, and one 3/4 ton 4 X 4 pickup, all in accordance with the State of Michigan’s Extended Purchase Program proposal and specifications.  (Motion adopted.)

 

Purchase – Niton XL-309 Dual Detector Spectrum Analyzer

Jon Lynch, Director of Planning and Community Development, presented information on the purchase of a Niton XL-309 Dual Detector Spectrum Analyzer.  This piece of equipment would allow a certified inspector to conduct a lead hazard inspection.  The equipment will be purchased from Community Development Block Grant funds.  The following resolution was then offered by Council Member Coppage and seconded by Council Member Currie:

 

WHEREAS, the City of Midland desires to enter into a contract for purchase of one Niton XL-309 Dual Detector Spectrum Analyzer; and

WHEREAS, the purchase price is $23,165.00; and

WHEREAS, NITON Corporation is the sole manufacturer and distributor of the Niton XL-309; and

WHEREAS, Section 2-18 of the Midland Code of Ordinances requires 4/5 approval of the City Council to determine that receiving sealed proposals is impractical; and

WHEREAS, the purpose of this purchase is to acquire equipment that will enable the City to fully comply with Sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992; and

WHEREAS, this act became effective on September 15, 2000, and applies to housing receiving City administered Community Development Block Grant funding; now therefore

RESOLVED, that the City Council hereby finds that seeking sealed proposals for a Niton XL-309 Dual Detector Spectrum Analyzer is impractical given it is manufactured and distributed by a single source; and

RESOLVED FURTHER, that this $23,165.00 purchase will be made from Community Development Block Grant Project Account CD0012.  (Motion adopted.)

 


Zoning Petition No. 471

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 19, 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 the City Clerk is hereby directed to mail notice of said public hearing to owners of real property adjacent to the area subject to this petition.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-4 ZONING CLASSIFICATION WHERE RESIDENTIAL A-3 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:  Lots 16 through 54 of Adams Acres Subdivision No. 1, according to the plat thereof recorded in Liber D of Plats, Pages 25 and 26, Midland County Records, excluding therefrom that which lies within the following description:

A parcel of land situated in the Southeast ¼ of the Southeast ¼ of Section 13, T14N-R2E, City of Midland, Midland County, Michigan, described as follows:  Beginning at the intersection of the Westerly right-of-way line of US-10 and the South line of said Section 13, said point being South 89° 52’ 35” West, 291.90 feet along the South line of said Section 13 from the Southeast corner of said Section 13; thence Northerly along said Westerly right-of-way line along the following courses:  North 10° 47’ 50” West, 585.04 feet and North 79° 12’ 10” East, 35 feet and North 10° 47’ 50” West, 198.83 feet to a point of curvature in said Westerly right-of-way line and Northerly 6.17 feet along the arc of said curve, said arc being subtended by a chord bearing North 10° 51’ 41” West, 6.17 feet and a radius of 2774.93 feet; thence South 79° 04’ 31” West, 82.89 feet to a point 10 feet Westerly of the East line of Lot 28, Adams Acres Subdivision No. 1, according to the plat thereof recorded in Liber D of Plats, Pages 25 and 26, Midland County Records; thence South 00° 02’ 03” West, 333.86 feet parallel with and 10 feet Westerly of the East line of said Adams Acres Subdivision No. 1, to the South line of Lot 23, Adams Acres Subdivision No. 1; thence South 06° 18’ 11” West, 165.92 feet; thence South 47° 04’ 51” West, 165.47 feet to the South line of Lot 19, Adams Acres Subdivision No. 1; thence South 00° 05’ 36” West, 156.00 feet to the South line of said Section 13; thence North 89° 52’ 15” East, 337.10 feet to the Point of Beginning,

     be, and the same is hereby changed to a Residential A-4 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.)

 

Zoning Petition No. 472

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 9, 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 the City Clerk is hereby directed to mail notice of said public hearing to owners of real property adjacent to the area subject to this petition.

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 ZONING CLASSIFICATION WHERE RESIDENTIAL A-4 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 Northeast corner of the Northeast Quarter of the Southeast Quarter of Section 23, T14N, R2E, City of Midland, Midland County, Michigan, and running thence South on the East line of said Section 14 rods to the Place of Beginning; thence running West and at right angles with the said Section line 140 feet; thence South and parallel with said East Section line 99 feet; thence East and at right angles with the last line 140 feet to the East Section line; thence North on said East Section line 99 feet to the Place 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.)

 

Planned Unit Development No. 13 – Village at Joseph’s Run

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, February 19, 2001, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering Planned Unit Development No. 13, a residential development of 128 units on 13.54 acres on the south side of Joseph Drive east of Jefferson Avenue, to be known as The Village at Joseph’s Run, in accord with Section 26.5(a) of the Zoning Ordinance of the City of Midland, subject to the following contingencies:

1.     Interior drive grades will be between .3% and 6%.

2.     Ten-foot wide utility easements along both the north and south sides of Joseph Drive between Jefferson Avenue and Midfield Lane will be recorded prior to issuance of building permits.

3.     An adequate number of parking spaces to meet the needs of both residents and visitors will be provided.

4.     Illumination from site lighting will not be cast off the subject site.

5.     Utility easements for sanitary sewer, water, and storm sewer will be provided to the satisfaction of the City of Midland Engineering Department.

6.     Water on site shall meet minimum flow required in the Uniform Fire Code.

7.     Installation of a fire department access roadway, 20 feet wide and capable of supporting 60,000-pound vehicles, will be provided prior to construction of any structures.

8.     Interior drives shall be posted for no parking, as directed by the Midland Fire Department; and

RESOLVED FURTHER, that the City Clerk is hereby directed to mail notice of said public hearing to owners of real property adjacent to the area subject to this petition.  (Motion adopted.)

 

Expansion of DDA District Boundary

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

 

WHEREAS, the downtown area of the City of Midland represents a unique and important part of the community; and

WHEREAS, the Midland City Council established a Downtown Development Authority on April 22, 1985, pursuant to the provisions of Public Act 197 of 1975 (as amended); and

WHEREAS, the City Council, at its meeting of December 11, 1989, adopted the Tax Increment Financing Plan and Development Plan No. 1; and

WHEREAS, the City Council, at its meeting of November 18, 1991, adopted amendments to the Tax Increment Financing Plan and Development Plan No. 1; and

WHEREAS, on September 13, 2000, the Downtown Development Authority voted to recom-mend expansion of the DDA District; now therefore

RESOLVED, that the Midland City Council declares its intent to adopt amendments to the Tax Increment Financing Plan and Development Plan No. 1, as set forth in the attached proposed ordinance, which is hereby introduced and given first reading, and that a public hearing will be held on March 5, 2001, at 7:00 p.m., in the Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 30-5 OF CHAPTER 30 FOR THE PURPOSE OF CHANGING THE BOUNDARY OF THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT.

The City of Midland Ordains:

Section 1.  Sec. 30-5 of Chapter 30 of the Code of Ordinances of the City of Midland is hereby amended to read as follows:

Sec. 30-5.  Description of Downtown District.

        The Downtown District in which the Authority shall exercise its powers as provided by Act 197 shall consist of the property in the City described as follows:

That area located in the Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of Section 21, and the Northeast 1/4 of Section 20, bounded by Jerome, WEST MAIN STREET, RIPLEY STREET, EASTMAN AVENUE, BUTTLES STREET, and Cronkright Street, and the Tittabawassee River, and the “Tridge,” and all lands within 100 feet of the structure, the Tittabawassee River, and Isabella Street (M-20) EXCEPTING THE SOUTHEASTERLY 10 FEET OF LOT 4, AND ALL OF LOTS 9, 10, 11, AND 12 OF BLOCK 35, CARPENTER AND HINES ADDITION, all within the City of Midland, Midland County, Michigan,   

subject to such changes as may hereinafter be made pursuant to this ordinance and Act 197; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish, post and mail the proper notices of the hearing by publication twice in the Midland Daily news with the first publication before February 10, 2001, by posting the notice in at least 20 conspicuous and public places within the Downtown Development Authority district before February 10, 2001, and by mailing a notice of the hearing by first class mail to all property owners in the downtown district, as recorded in the records of the City Assessor, before February 10, 2001, and by mailing a notice of the hearing by first class mail to the governing body of each taxing jurisdiction levying taxes that would be subject to capture if the amendments are approved, before February 10, 2001, and that the form of the notice and its content shall be described by applicable statute.

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

 

City Manager’s JPR and Annual Compensation Adjustment

Mayor Black reported on the job performance review conducted by Council for City Manager Karl Tomion.  Mayor Black then recommended that Council consider amending Mr. Tomion’s annual salary to $108,500.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

RESOLVED, that the salary of Karl S. Tomion, City Manager, is amended to recognize a salary increase from $103,000 annually to $108,500 effective January 29, 2001; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

City Attorney’s JPR and Annual Compensation Adjustment

Council Member Coppage reported on the job performance review conducted by Council for City Attorney James O. Branson III.  Mayor Black then recommended that Council consider amending Mr. Branson’s annual salary to $83,500.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Coppage:

 

RESOLVED, that the salary of James O. Branson III, City Attorney, is amended to recognize a salary increase from $78,000 annually to $83,500 effective January 29, 2001; and

RESOLVED FURTHER, that all other terms and conditions of the letter of employment shall remain in effect.  (Motion adopted.)

 

Being no further business the meeting adjourned at 9:15 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk