February 25, 2002

 

A regular meeting of the City Council was held on Monday, February 25, 2002, 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, Mary Currie, Daryl Griggs

Council members absent:

Hollis McKeag (excused), Marty Wazbinski (excused)

 

Minutes

Approval of the minutes of the February 11, 2002 special and regular meetings was offered by Council Member Griggs and seconded by Council Member Currie.  (Motion adopted.)

 

2001 Safety Program Progress Report

Agatha Peterson, Safety and Health Manager, presented the 2001 Safety Program Progress Report.

 

Zoning Petition No. 481

Jon Lynch, Director of Planning and Community Development, presented information on Zoning Petition No. 481 – rezoning property on the southwest corner of South Saginaw Road and James Savage Road from Business C to Industrial A.  The following ordinance amendment was then offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. 1522

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 AN INDUSTRIAL A ZONING CLASSIFICATION WHERE BUSINESS C 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:

Beg 760 ft east of the intersection of the center line of the vacated New York Central right-of-way and the North/South 1/4 Line of Section 22, T14 N, R2E, City of Midland, Midland County, Michigan; thence North to the center line of James Savage Road; thence Southeasterly along said center line and centerline extended to the intersection with the center line of South Saginaw Road; thence Southeasterly along said center line to the intersection with the center line extended of the vacated New York Central right-of-way; thence west along said right-of-way to the P.O.B.

  be, and the same is hereby changed to an Industrial A 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 adopted.)

 

PUBLIC COMMENTS

Michael Archangel, 3014 Washington, Apt. No. 1, spoke about his campaign to lobby for an anti-smoking ordinance in Midland County.  He indicated he would be conducting a phone survey regarding the anti-smoking ordinance. 

 

 

Recreation Program Fees

Martin McGuire, Director of Public Services, presented information on proposed ordinance amendments to amend Civic Arena fees, Golf Course fees, Swimming Pool fees and General Recreation fees.  The following four proposed ordinance amendments were then presented for consideration.

 

Civic Arena Fees

Introduction and first reading of the following ordinance to amend Civic Arena fees was offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                        DIVISION 1.  CIVIC ARENA

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

        (1)      Individual Ice Skaters                    $         2.50        3.00   per session

                  $.25 per skater surcharge, earmarked for improvements or new facility           

        (2)      Skating Pass (25 Admissions)     $       50.00      65.00   per pass

                  $6.25 per pass surcharge, earmarked for improvements or new facility

        (3)      Skate Rental                                 $         1.50                  per session

        (4)      Rink Rental                                   $     112.00    130.00   per hour

                  $15.00 per hour surcharge, earmarked for improvements or new facility

        (5)      Rink Rental (M-F, 8am-2pm)        $       80.00      93.00   per hour

                  $11.00 per hour surcharge, earmarked for improvements or new facility

        (6)      Summer Rink Rental                    $     129.00    140.00   per hour

                  $8.00 per hour surcharge, earmarked for improvements or new facility

        (7)      Non-Ice Rental (Full Building)       $  1,250.00                  per day

        (8)      Non-Ice Rental (1/2 Building)        $     625.00                  per day

        (9)      Non-Ice Rental (1/4 Building)        $     350.00                  per day

Note: surcharge effective August 15 and should be placed in a Trust and Agency Fund

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

 

Golf Course Fees

Paul Handt, 5101 Highridge Court, presented charts comparing the proposed increase in golf course fees to the rate of inflation.  He concluded with a request to decrease proposed rate increases for senior passes by reinstating weekend play with senior limited passes with no surcharge. He also requested that the proposed rate for unlimited senior passes be reduced to $495 instead of $540.  Introduction and first reading of the following ordinance to amend Golf Course fees was offered by Council Member Currie and seconded by Council Member Griggs:

 

ORDINANCE NO. _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71 OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                      DIVISION 2.  GOLF COURSE

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

  (1)   Regular: 9-hole, Weekday, East & West Course                                 $    9.50    10.00    per play

         Regular: 9-hole, Weekend, East Course                                              $    9.50    11.00    per play

         Regular: 9-hole, Weekend, West Course                                            $    9.50    15.00    per play

  (2)   Regular: 18-hole, Weekday, East & West Course                               $  17.00    18.00    per play
         Regular: 18-hole, Weekend, East Course                                            $  17.00    20.00    per play

         Regular: 18-hole, Weekend, West Course                                          $  17.00    28.00    per play

  (3)   Senior: 9-hole (7:00 a.m.- 3:00 p.m., M - F), East & West Course      $    6.50      7.00    per play

  (4)   Senior: 18-Hole (7:00 a.m.- 3:00 p.m., M - F), East & West Course   $  11.25    12.00    per play

  (5)   Twilight golf, East & West Course                                                        $    6.50      7.00    per play

  (6)   Winter rate (November 1 – March 1)                                                    $    5.00                 per day

  (7)   Regular: Par 3                                                                                       $    4.50      5.00    per play

  (8)   Senior and youth: Par 3                                                                        $    3.00      3.50    per play

  (9)   20-play pass, Weekday only                                                                 $ 180.00 190.00    per pass

(10)   Regular: Single season pass                                                                $ 450.00                per pass

(10)Unlimited Play: East & West Course

                        Single season pass                                                               $ 590.00                per pass

                        Double season pass                                                              $ 945.00                per pass

(11)   Regular: Double season pass                                                              $ 720.00                per pass

(11)   Restricted Play: With West Course weekend differential                   

                        Single season pass                                                               $ 540.00                per pass

                        Double season pass                                                              $ 865.00                per pass

                        West Course weekend differential, 9 holes                           $    5.00                 per play

                        West Course weekend differential, 18 holes                         $  10.00                 per play

(12)   Senior: Limited and league single season pass                                   $ 350.00                per pass

(13)   Senior: Limited and league double season pass                                  $ 530.00                per pass

(14)   Senior: Limited single season pass                                                      $ 300.00                per pass

(15)   Senior: Limited double season pass                                                    $ 480.00                per pass

(12)                  Senior Unlimited Play: East & West Course

                        Single season pass                                                               $ 535.00                per pass

                        Double season pass                                                              $ 855.00                per pass

(13)   Senior/Youth Limited: 9 holes weekday before 3:00 p.m. with differential for non-discounted times

                        Single season pass                                                               $ 340.00                per pass

                        Double season pass                                                              $ 545.00                per pass

                        Weekend differential, East 9                                                  $    4.00                 per play

                        Weekend differential, West 9                                                 $    8.00                 per play

                        Weekend differential, East 18                                                $    8.00                 per play

                        Weekend differential, West 18                                               $  16.00                 per play

                        Weekday differential, 9                                                           $    3.00                 per play

                        Weekday differential, 18                                                         $    6.00                 per play

Sec. 21-71.  Golf Course Fees

(14)   Trail Fee (Private carts, when owner or members of immediate family is present)
                  9-Hole                                                                                     $    1.00                 per play

                        18-Hole                                                                                   $    2.00                 per play

                        Season Pass (maximum allowed – 30)                                $  90.00    110.00  per pass

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

 

Swimming Pool Fees

Introduction and first reading of the following ordinance to amend Swimming Pool fees was offered by Council Member Griggs 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 21-72 OF DIVISION 3 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-72 of Division 3 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                                   DIVISION 3.  SWIMMING POOLS

Sec. 21-72.  Swimming pool fees

      The fees for use of the city’s swimming pools are as follows:

        (1)      Public swimming                                              $      1.75      2.00    per session

        (2)      Limited pass (15 Admissions)                          $    25.00                 per pass

        (3)      Swimming lessons                                           $    20.00    25.00    per session

        (4)      Individual swim pass (unlimited use)               $    55.00    60.00    per pass

        (5)      Family swim pass (2 members)                      $    85.00    95.00    per pass

        (6)      Family swim pass (each additional member)  $    20.00    25.00    per member

        (7)      Family swim pass (maximum per family)        $  125.00  145.00    per day

        (8)      Competitive swim pool rental                           $    10.00                 per hour

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

 

General Recreation Fees

Introduction and first reading of the following ordinance to amend Parks and Recreation fees was offered by Council Member Griggs 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 21-73 OF DIVISION 4 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-73 of Division 4 of Article II of Chapter 21 is amended to read as follows:

                                                                   CHAPTER 21

                                       ARTICLE II.  PARKS AND RECREATION FEES

                                              DIVISION 4.  GENERAL RECREATION

Sec. 21-73.  General recreation fees

        (1)      Adult softball player                                              $      18.00                   per player

        (2)      Adult softball player (2nd team)                            $      10.00                   per player

        (3)      Each softball team in individual tournaments      $      20.00                   per team

        (4)      Youth softball player                                             $        4.00                   per player

        (5)      Adult baseball player                                            $        5.00    10.00      per player

        (6)      Adult soccer player                                              $        5.00                   per player

        (7)      Adult soccer team                                                $      20.00                   per team

        (8)      Youth soccer player                                             no charge                  

        (9)      Rugby player                                                        $        6.00                   per player

        (10)    Ski rental (each 2 hours or part thereof)              $        5.00      6.00      per 2 hours

        (11)    Toboggan rental (per hour – 2 hour maximum)   $        3.00      4.00      per hour

        (12)    Chalet building rental (2 hour minimum)              $      25.00                   per hour

                  After 2 hour minimum                                          $      15.00                   per hour

        (13)    Picnic kit deposit                                                  $      15.00                   per kit

        (14)    Summer play program (entire 8 week program) no charge

        (15)    Summer play program (per day charge)             no charge

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

 

Dow Chemical – Variance Request for Disposal of Solid Material from Tertiary Pond

Mayor Black introduced information on a variance request from The Dow Chemical Company regarding disposal of solid material from its tertiary pond to its Salzburg landfill.  Jeffrey L. Feerer, Ph.D., P.E., Environmental Health and Safety Leader for The Dow Chemical Company, requested the Midland City Council support the proposal by sending written support to EPA, Michigan Department of Environmental Quality.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the United States Environmental Protection Agency (USEPA) is considering approval of a petition by The Dow Chemical Company for a Site Specific Treatability Variance; and

WHEREAS, USEPA has sent the City of Midland a notice concerning this petition; and

WHEREAS, the variance will allow The Dow Chemical Company to land dispose of biosolids in its landfill; and

WHEREAS, The Dow Chemical Company believes this method of disposal provides a solution that is protective of human health and the environment; now therefore

RESOLVED, that the Midland City Council hereby urges the USEPA to approve the variance requested by The Dow Chemical Company.  (Motion adopted.)

 

2002 Annual Sidewalk Report

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

 

RESOLVED, that in accord with Section 22-17 of the Code of Ordinances, the 2002 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion adopted.)

 

2001 Saginaw-Midland Municipal Water Supply Corporation Annual Report

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2001 Annual Report, be received and filed in the office of the City Clerk.  (Motion adopted.)

 

Annexation – Perrine Road/Larkin Township

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

 

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

THE EAST 250 FT OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31, T. 15N., R.2E., LARKIN TWP., MICHIGAN

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, 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.)

 

Annexation – N. Saginaw Road/Homer Township

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

 

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

T14N R1E LOT 11 TIMBER LANE SUB, HOMER TWP., MICHIGAN

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 Homer, by the property owners which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, 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 Homer; 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.)

 

B B Banucks, Inc. Liquor License

James Branson, City Attorney, presented material on a request from B B Banucks, Inc. to transfer location of a 1998 Class C licensed business (in escrow) from 3216 Bay City Road to 5101 Eastman Avenue, Suite 167.  Mr. Branson indicated that recommendation of the transfer would not affect or impact the ongoing issue of revocation that is currently before the Council.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

RESOLVED, That the request from B B BANUCKS, INC. to transfer location of 1998 Class C licensed business (in escrow) from 3216 Bay City, Midland, MI  48642, Midland County, to 5101 Eastman, Suite 167, Midland, MI, Midland County and request a new entertainment permit be considered for approval.

It is the consensus of this legislative body that the application be: 

Recommended for issuance.  (Motion adopted.)

 

Resignation – Garner from Planning Commission

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

 

RESOLVED, that the resignation of Cowenda Garner as a member of the Planning Commission, effective February 27, 2002, is hereby accepted and the Administration is directed to convey the Council’s appreciation to Ms. Garner for her service on this important Commission; and

RESOLVED FURTHER, that the Administration is directed to advertise for applicants to complete the unexpired term.  (Motion adopted.)

 

Purchase – Oils and Lubricants

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the annual purchase of oils and lubricants, Bid No. 2553; and

WHEREAS, sufficient funding for oils and lubricants is included in the inventory account of the 2001-02 Equipment Revolving Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Spartan Oil of Lansing, Michigan up to the amount of $20,674.58 for oils and lubricants in accordance with their proposal and city specifications.  (Motion adopted.)

 

Golf Pro Contract

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

 

WHEREAS, Article 2-19 of the Code of Ordinances provides that no sealed proposals are required for purchases or contracts for professional services; and

WHEREAS, D. Scott Downey has served the City as Golf Professional for eighteen years; and

WHEREAS, changes in the agreement between the City and Mr. Downey are appropriate to reflect changing operations at Currie Golf Course; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute a contract, drafted by the City Attorney, for services as a Golf Professional with D. Scott Downey.  (Motion adopted.)

 

Change Order No. 1 - Valley, E. Ashman/Waldo & Patrick Pump Station Improvements Contract 

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

 

WHEREAS, on April 23, 2001, City Council awarded a contract to Glawe, Inc. of Alpena, Michigan for the 2001 Valley, East Ashman/Waldo and Patrick Pump Station Improvements, Contract No. 21 for the rehabilitation of the Valley, East Ashman/Waldo and Patrick pump stations; and

WHEREAS, Ayres, Lewis, Norris and May (ALNM) prepared the plans and specifications for said construction and has issued Bulletins 1 and 2 and has made other recommendations to cover revisions required to complete the construction; and

WHEREAS, Glawe, Inc. has submitted costs associated with the required revisions; and

WHEREAS, a report has been received from the City Engineer recommending that the required revisions be completed as outlined in Change Order No. 1 to the 2001 Valley, East Ashman/Waldo and Patrick Pump Station Improvements, Contract No. 21; and

WHEREAS, the summary amount of contract changes increases the project cost by  $41,084.87; now therefore

RESOLVED, that the City Manager is hereby authorized to execute Change Order No. 1 to the 2001 Valley, East Ashman/Waldo and Patrick Pump Station Improvements; Contract No. 21, in the amount of $41,084.87.  (Motion adopted.)

 

Sanitary Landfill Cell 15 Development

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

 

WHEREAS, sealed bids for the Landfill Cell 15 Development Consultant, Bid No. 2554, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the Utilities staff has reported sufficient funds are available in the Landfill account 517-9120-912.97-65 - Capital Outlay / Construction Projects now therefore,

RESOLVED, that the low bid submitted by Earth Tech, Inc. of Livonia, Michigan in the amount of $28,752.00 is hereby accepted and a purchase order is authorized in that amount.  (Motion adopted.)

 

Zoning Petition No. 482

The following resolution was offered by Council Member Griggs 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, March 18, 2002, 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 RESIDENTIAL A-1 ZONING WHERE A HOMER TOWNSHIP 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:

Commencing 740 feet North and 123 feet West of the East ¼ corner of Section 13, T14N, R1E, Homer Township, Midland County, Michigan, thence North 321.5 feet; thence West 90 feet, thence South 324 feet; thence East 90 feet to the Point of Beginning,

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

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. 483

The following resolution was offered by Council Member Griggs 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, March 18, 2002, 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 RESIDENTIAL A-1 ZONING WHERE A LARKIN TOWNSHIP 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:

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, and

Commencing at a point 1169 feet North of the Southwest corner of Section 31, T15N R2E, Larkin Township, Midland County, Michigan, North 138 feet, East 330 feet, South 138 feet, West 330 feet to the Point of Beginning, and

Commencing at a point 330 feet South of the West ¼ corner of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, thence East 396 feet; thence South 165 feet, thence West 396 feet; thence North 165 feet to the Point of Beginning,

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

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. 484

The following resolution was offered by Council Member Griggs 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, March 18, 2002, 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 RESIDENTIAL A-1 ZONING WHERE A LARKIN TOWNSHIP 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:

Lot 1 and Lot 14 of Oakbrook Estates, according to the plat thereof, recorded in Liber N, Pages 23, 24, and 25, Midland County Records,

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

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.)

 

CPI Engineering Services, Inc. – IFT Request

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

 

RESOLVED, that an application dated January 25, 2002 was received February 4, 2002 from CPI Engineering Services, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the STOX Industrial Development District No. 1 relating to new facilities including land improvements, building additions, new machinery, equipment, furniture and fixtures with the facility intended to provide for new growth and profitability in CPI’s existing business and provide a stable base from which to grow its synthetic compressor lubricant business in the amount of $2,831,000 relating to new facility approval to allow further expansion in the STOX Industrial Development District No. 1 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, April 8, 2002, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

Being no further business the meeting adjourned at 8:38 p.m.

 

 

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            Penny K. Kovacevich, City Clerk