March 11, 2002

 

A regular meeting of the City Council was held on Monday, March 11, 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, Hollis McKeag

Council members absent:

Marty Wazbinski (excused)

 

Minutes

Approval of the minutes of the February 25, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member Griggs.  (Motion adopted.)

 

NOTE:   BECAUSE OF THE LARGE AUDIENCE COUNCIL AGREED TO TAKE UP AGENDA ITEMS THAT CONCERNED THE MAJORITY OF THE AUDIENCE FIRST.  FOR THE PURPOSE OF TRANSCRIBING THE MINUTES AND FOR THE EASE OF FINDING THE APPROPRIATE DOCUMENTATION CORRESPONDING TO SPECIFIC AGENDA ITEMS, THE MINUTES WERE TRANSCRIBED IN THE ORDER THEY WERE ORIGINALLY PLACED ON THE AGENDA, NOT IN THE ORDER IN WHICH THEY WERE ACTUALLY PRESENTED FOR CONSIDERATION.

 

2001 Police Officer of the Year

James St. Louis, Police Chief, introduced John DuBois, the 2001 recipient of the Esther and Carl Gerstacker Law Enforcement Officer of the Year award.  Mayor Black presented a plaque to Officer DuBois and congratulated him on achieving excellence in public safety.

 

2002 Boards and Commissions Recruitment Process

Selina Tisdale, Community Relations Coordinator, gave a presentation on the 2002 Boards and Commissions Recruitment Process.

 

Goldenwood Drive at Hedgewood Drive – Closure Request

Jon Lynch, Director of Planning and Community Development, presented information on a request to close Goldenwood Drive at Hedgewood Drive.  A public hearing opened at 7:10 p.m.  Nina Lacey, 4907 Goldenwood Drive, supported the closure of Goldenwood, citing a public safety issue.  Kerin Scanlon, 5220 Hedgewood Drive, apartment 303, spoke in opposition to the closure.  Simon Toth, 5007 Goldenwood Drive, Lola J. Hess, 5105 Amberwood Court, Mark Wisniewski, 5112 Goldenwood Drive, Susan L. Vernier, 4905 Amberwood Court, John J. Hess III, 5105 Amberwood Court, Sarada Namhata, 4904 Amberwood Court, all spoke in support of the closure.  Steve Zablocki, 313 Princeton Court, spoke in opposition to the closure.  The hearing closed at 8:25 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the Midland City Council, acting upon the request of Simon Toth on behalf of Amberwood Subdivision, for the closure of Goldenwood Drive at Hedgewood Drive, within Amberwood Subdivision, as recorded in Liber P, Pages 8 and 9 of Plats, Midland County Records, referred the matter to the Midland City Planning Commission, the City Engineer, the Police Department, the Fire Department, the Director of Utilities, and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending that Hedgewood Street not be closed but that traffic calming measures be evaluated and applied on a temporary basis and that performance statistics be gathered for the purpose of evaluating effectiveness of the calming measures; and

WHEREAS, a response has been received from the City Engineer indicating objection to the closure request; and

WHEREAS, a response has been received from the Fire Department indicating objection to the closure request; and

 

 

WHEREAS, a response has been received from the Director of Public Services indicating no objection to the closure request; and

WHEREAS, a public hearing was held on March 11, 2002 to hear comments from interested parties; now therefore

RESOLVED, that the Midland City Council determines that Goldenwood Drive at Hedgewood Drive shall be closed; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion denied.  Yeas:  McKeag    Nays:  Black, Currie, Griggs)

 

Council Directed staff to develop a study plan with residents concerning possible traffic calming approaches and report back to Council.

 

Vacation of Burch Street North of Soper and All of Madison Street

Jon Lynch, Director of Planning and Community Development, presented information on a request to vacate Burch Street north of Soper Street and all of Madison Street.  A public hearing was opened at 11:31 p.m., no comments were made, the hearing closed at 11:32 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, the Midland City Council, acting upon the request of Marty McGuire, Director of Public Services to vacate all of Madison Street and Burch Street, north of Soper Street, located in the Plat of Elmwood and in unplatted land north of Elmwood, Midland County Records, referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities, and the Director of Public Services for report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission                    recommending vacation of Madison and Burch Street, north of Soper; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; and

WHEREAS, a response has been received from the Director of Utilities indicating no objection to the vacation request; and

WHEREAS, a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council determines that all of Madison Street, and Burch Street, north of Soper Street shall be vacated; and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion adopted.)

 

Recreation Programs – Fee Amendments

Martin McGuire, Director of Public Services, presented material on a second reading of ordinances that would amend fees for various recreation programs.  No comments were received on fee increases for the Civic Arena, General Recreation or Swimming Pools.  The following residents spoke in opposition to fee increases for the golf course:  Paul Handt, 5101 Highridge Court and Donald J. Beckwith, 2609 Schade West Drive.  Edwin Foote, 1407 Iowa Street, stated he had no opposition to the rate increase but did note that senior passes increased by 13.7%.  John A. Jossi, 5316 Gardenbrook Drive, suggested that a survey be taken and data compiled over the golf season to make informed decisions on rate increases.  Steve Zablocki, 313 Princeton Court, stated that he did not play golf but felt the increases may discourage his taking up the sport.  The following four ordinance amendments were then presented for consideration.

 


Civic Arena Fees

The following ordinance amending Civic Arena fees was offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1523

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                    $         3.00                  per session

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

        (2)      Skating Pass (25 Admissions)     $       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                                   $     130.00                  per hour

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

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

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

        (6)      Summer Rink Rental                    $     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, 2002 and shall be placed in a Trust and Agency Fund

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance adopted.) 

 

Golf Course Fees

The following ordinance amending Golf Course fees was offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1524

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                                   $    10.00        per play

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

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

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

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

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

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

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

  (6)   Winter rate (November 1 – March 1), East & West Course                   $      5.00        per day

  (7)   Regular: Par 3                                                                                         $      5.00        per play

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

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

(10)   Unlimited Play: East & West Course

                  Single season pass                                                                        $  590.00        per pass

                  Double season pass                                                                      $  945.00        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 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

(14)   Trail Fee (Private carts, when owner or members of immediate family is present)
                  Season Pass (maximum allowed – 30)                                         $ 110.00          per pass

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

Swimming Pool Fees

The following ordinance amending Swimming Pool fees was offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1525

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                                                  $     2.00           per session

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

        (3)      Swimming lessons                                               $   25.00           per session

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

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

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

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

        (8)      Competitive swim pool rental                               $   10.00           per hour

Section 2.        This Ordinance shall take effect upon publication.  (Ordinance adopted.)

 

General Recreation Fees

The following ordinance amending General Recreation fees was offered by Council Member Griggs and seconded by Council Member Currie:

 

ORDINANCE NO. 1526

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 3 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                                                 $   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)                   $     6.00      per 2 hours

        (11)    Toboggan rental (per hour – 2 hour maximum)        $     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.  (Ordinance adopted.)

 

Ward and Precinct Boundaries

Penny Kovacevich, City Clerk/Treasurer, presented information regarding the first reading of ordinances that would establish new ward and precinct boundary lines as a result of the 2000 census.  The following two ordinance amendments were then presented for consideration.

 

Ward Boundary Lines

Introduction and first reading of the following ordinance to establish new ward boundary lines was offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO.    ­­­­_______

AN ORDINANCE TO ESTABLISH THE WARD BOUNDARIES OF THE FIVE (5) WARDS IN THE CITY OF MIDLAND TO CONFORM TO THE 2000 DECENNIAL CENSUS OF THE UNITED STATES AND PUBLIC ACT 182 OF THE PUBLIC ACTS OF 1966 (MSA 117.27A). STATE OF MICHIGAN.

The City of Midland Ordains:

Section 1.        The First Ward

The ward boundaries of the First Ward are established as follows:

Beginning at the intersection of E. Ashman Street and S. Saginaw Road, thence southeast on S. Saginaw Road to Washington Street, thence south on Washington Street to E. Lyon Road, thence west on E. Lyon Road to Jefferson Avenue, thence south on Jefferson Avenue and its southerly extension to Miller Road, thence west and south along the city limits to the southern city limits, thence east following the city limits with its various jogs to Mid-Bay County Line Road (Rockwell Drive), thence north on Mid-Bay County Line Road (Rockwell Drive) following the city limits with its various jogs, including that portion of the City of Midland in Bay County to the northern city limits, thence west following the city limits with its various jogs to Waldo Avenue, thence south on Waldo Avenue and the city limit line to E. Ashman Street, thence west on E. Ashman Street to point of beginning.

Section 2.        The Second Ward

The ward boundaries of the Second Ward are established as follows:

           Beginning at the intersection of Eastman Avenue (BR-10) and W. Sugnet Road, thence east on W. Sugnet Road to Jefferson Avenue, thence south on Jefferson Avenue to S. Saginaw Road, thence southeast on S. Saginaw Road to Washington Street, thence south on Washington Street to E. Lyon Road, thence west on E. Lyon Road to Jefferson Avenue, thence south on Jefferson Avenue and its southerly extension to the Tittabawassee River, thence northwest along the Tittabawassee River to the southern city limits, thence west along the city limits with its various jogs to the western city limits, thence north and east following the city limits with its various jogs to the Tittabawassee River, thence east along the Tittabawassee River to Dublin Avenue, thence north on Dublin Avenue to the Pere Marquette Rail-Trail, thence southeast on the Pere Marquette Rail-Trail to Jerome Street (M-20), thence northeast on Jerome Street (M-20) to Buttles Street (BR-10), thence northwest on Buttles Street (BR-10) to Eastman Avenue (BR-10), thence north on Eastman Avenue(BR-10) to point of beginning.

Section 3.        The Third Ward

The ward boundaries of the Third Ward are established as follows:

Beginning at the intersection of Eastman Avenue (BR-10) and W. Sugnet Road, thence south on Eastman Avenue (BR-10) to Buttles Street (BR-10), thence southeast on Buttles Street (BR-10) to Jerome Street (M-20), thence southwest on Jerome Street (M-20) to the Pere Marquette Rail-Trail, thence northwest following the Pere Marquette Rail-Trail to Dublin Avenue, thence south on Dublin Avenue to the Tittabawassee River, thence west following the Tittabawassee River to the western city limits, thence north, east and west following the city limits with its various jogs to the northern city limits, thence east and north following the northern city limits with its various jogs to Eastman Avenue, thence south on Eastman Avenue to Dilloway Drive, thence west on Dilloway Drive to Drake Street, thence south on Drake Street to N. Saginaw Road, thence east on N. Saginaw Road to Orchard Drive, thence south on Orchard Drive to W. Sugnet Road, thence east on W. Sugnet Road to point of beginning.

Section 4.        The Fourth Ward

The ward boundaries of the Fourth Ward are established as follows:

Beginning at the intersection of W. Sugnet Road and Jefferson Avenue, thence north on Jefferson Avenue to E. Wheeler Street, thence east on E. Wheeler Street to Swede Avenue, thence north on Swede Avenue and its northerly extension to the northern city limits, thence west and north following northern city limits with its various jogs to Eastman Avenue, thence south on Eastman Avenue and the city limits to Dilloway Drive, thence west on Dilloway Drive to Drake Street, thence south on Drake Street to N. Saginaw Road, thence east on N. Saginaw Road to Orchard Drive, thence south on Orchard Drive to W. Sugnet Road, thence east on W. Sugnet Road to point of beginning.

Section 5.        The Fifth Ward

The ward boundaries of the Fifth Ward are established as follows:

Beginning at the intersection of E. Wheeler Street and Jefferson Avenue, thence east on E. Wheeler Street to Swede Avenue, thence north on Swede Avenue and its northerly extension to the northern city limits, thence east along the northern city limits to eastern city limits, thence south along eastern city limits with its various jogs to Waldo Avenue south of E. Wheeler Street, thence south on Waldo Avenue to E. Ashman Street, thence west on E. Ashman Street to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Section 6.        Ordinances 1235, 1254 and 1335 are hereby repealed.

Section 7.        This Ordinance shall take effect upon publication.   (Motion adopted.  Considered first reading.)

 

Precinct Boundary Lines

Introduction and first reading of the following ordinance to establish new precinct boundary lines was offered by Council Member Currie and seconded by Council Member McKeag:

 

ORDINANCE NO.  ______

AN ORDINANCE TO ESTABLISH NEW ELECTION PRECINCTS WITH RELATED MATTERS FOR THE CITY OF MIDLAND.

The City of Midland Ordains:

Section 1.  The First Ward of the City of Midland is hereby divided into six election precincts, the boundaries of which shall be as follows:

First Ward – Precinct One – Beginning at the intersection of S. Saginaw Road and E. Ashman Street, thence east on E. Ashman Street to Swede Avenue, thence south on Swede Avenue to Business Route 10, thence west on Business Route 10 to Washington Street, thence north on Washington Street to S. Saginaw Road, thence northwest on S. Saginaw Road to point of beginning.

First Ward – Precinct Two – Beginning at the intersection of Swede Avenue and E. Ashman Street, thence east on E. Ashman Street to Waldo Avenue, thence south on Waldo Avenue to Business Route 10, thence west on Business Route 10 to Swede Avenue, thence north on Swede Avenue to point of beginning.

First Ward – Precinct Three – Beginning at the intersection of E. Lyon Road and Jefferson Avenue, thence south on Jefferson Avenue and its southerly extension to the Tittabawassee River, thence southeast along the Tittabawassee River to Salzburg Street, thence east on Salzburg Street to Waldo Avenue, thence north on Waldo Avenue to Business Route 10, thence west on Business Route 10 and E. Lyon Road to point of beginning.

First Ward – Precinct Four – Beginning at the intersection of E. Ashman Street and Waldo Avenue, thence north on Waldo Avenue and the city limit line to northern city limits, thence east following the city limits with its various jogs to Rockwell Drive, thence south on Rockwell Drive to Business Route 10, thence west on Business Route 10 to Waldo Avenue, thence north on Waldo Avenue to point of beginning.

First Ward – Precinct Five – Beginning at the intersection of Waldo Avenue and Business Route 10, thence east on Business Route 10 to Rockwell Drive, thence south on Rockwell Drive (Mid-Bay Co Line Road) and the eastern city limits to the southern city limits, thence westerly following the southern city limits with its various jogs to the western city limits, thence north and east following city limits to the Tittabawassee River, thence southeast along the Tittabawassee River to Salzburg Street, thence east on Salzburg Street to Waldo Avenue, thence north on Waldo Avenue to point of beginning.

First Ward – Precinct Six – All portions of the City of Midland lying in Bay County.

Section 2.  The Second Ward of the City of Midland is hereby divided into four election precincts, the boundaries of which shall be as follows:

Second Ward – Precinct One – Beginning at the intersection of Eastman Avenue (BR10) and W. Sugnet Road, thence east on W. Sugnet Road to Jefferson Avenue, thence south on Jefferson Avenue to W. Saint Andrews Road, thence west on W. Saint Andrews Road to Noeske Street, thence south on Noeske Street to Harrison Street, thence southeast on Harrison Street to Ashman Street, thence southwest on Ashman Street to Carpenter Street, thence northwest on Carpenter Street to Fitzhugh Street, thence southwest on Fitzhugh Street to Buttles Street, thence northwest on Buttles Street to Eastman Avenue (BR10), thence north on Eastman Avenue (BR10) to the point of beginning.

Second Ward – Precinct Two – Beginning at the intersection of Jefferson Avenue and W. Saint Andrews Road, thence west on W. Saint Andrews Road to Noeske Street, thence south on Noeske Street to Harrison Street, thence southeast on Harrison Street to Ashman Street, thence southwest on Ashman Street to E. Collins Street, thence southeast on E. Collins Street to George Street, thence east on George Street to Jefferson Avenue, thence south on Jefferson Avenue to E. Haley Street, thence east on E. Haley Street to Washington Street, thence north on Washington Street to S. Saginaw Road, thence northwest on S. Saginaw Road to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Second Ward – Precinct Three – Beginning at the intersection of E. Haley Street and Washington Street, thence south on Washington Street to E. Lyon Road, thence west on E. Lyon Road and Lyon Road to Buttles Street, thence northwest on Buttles Street to Fitzhugh Street, thence northeast on Fitzhugh Street to Carpenter Street, thence southeast on Carpenter Street to Ashman Street, thence northeast on Ashman Street to E. Collins Street, thence southeast on E. Collins Street to George Street, thence east on George Street to Jefferson Avenue, thence south on Jefferson Avenue to E. Haley Street, thence east on E. Haley Street to point of beginning. 

Second Ward – Precinct Four – Beginning at the intersection of Lyon Road and Jefferson Avenue, thence south on Jefferson Avenue and its southerly extension to the Tittabawassee River, thence northwest along the Tittabawassee River to the southern city limits, thence west and north following city limits to the Chippewa River, thence westerly following the Chippewa River to southern city limits, thence west following the city limits with its various jogs to the western city limits, thence north and east following the city limits with its various jogs to the Tittabawassee River, thence east along the Tittabawassee River to Dublin Avenue, thence north on Dublin Avenue to the Pere Marquette Rail-Trail, thence southeast on the Pere Marquette Rail-Trail to Jerome Street, thence northeast on Jerome Street to Buttles Street, thence southeast on Buttles Street to Lyon Road, thence northeast on Lyon Road to point of beginning.

Section 3.  The Third Ward of the City of Midland is hereby divided into four election precincts, the boundaries of which shall be as follows:

Third Ward – Precinct One – Beginning at the intersection of N. Saginaw Road and Orchard Drive, thence south on Orchard Drive to W. Sugnet Road, thence east on W. Sugnet Road to Eastman Avenue (BR10), thence south on Eastman Avenue (BR10) to Buttles Street, thence southeast on Buttles Street to Jerome Street, thence southwest on Jerome Street to the Pere Marquette Rail-Trail, thence northwest on the Pere Marquette Rail-Trail to Cook Road, thence north on Cook Road to W. Main Street, thence northwest on W. Main Street to N. Saginaw Road, thence west on N. Saginaw Road to Perrine Road, thence north on Perrine Road to Haskin Drive, thence east on Haskin Drive to Sturgeon Creek Parkway, thence north on Sturgeon Creek Parkway to W. Wackerly Street, thence east on W. Wackerly Street to Sturgeon Avenue, thence south on Sturgeon Avenue to Walden Woods Drive, thence east on Walden Woods Drive to Woodberry Drive, thence south on Woodberry Drive to Longfellow Lane, thence east on Longfellow Lane to Drake Street, thence south on Drake Street to N. Saginaw Road, thence east on N. Saginaw Road to point of beginning.

Third Ward – Precinct Two – Beginning at the intersection of N. Saginaw Road and W. Main Street, thence southeast on West Main Street to Cook Road, thence south on Cook Road to the Pere Marquette Rail-Trail, thence northwest on the Pere Marquette Rail-Trail to Dublin Avenue, thence south on Dublin Avenue to the Tittabawassee River, thence west along the Tittabawassee River to the western city limits, thence northerly following western city limits with its various jogs to N. Saginaw Road, thence east on N. Saginaw Road to Dublin Avenue, thence north on Dublin Avenue to Warblers Way, thence east on Warblers Way to Pine Meadow, thence north on Pine Meadow to Moorland Drive, thence easterly on Moorland Drive to Perrine Road, thence south on Perrine Road to N. Saginaw Road, thence east on N. Saginaw Road to point of beginning.

Third Ward – Precinct Three – Beginning at the intersection of Eastman Avenue (BR10) and Dilloway Drive, thence west on Dilloway Drive to Drake Street, thence north on Drake Street to Longfellow Lane, thence west on Longfellow Lane to Woodberry Drive, thence north on Woodberry Drive to Walden Woods Drive, thence west on Walden Woods Drive to Sturgeon Avenue, thence north on Sturgeon Avenue to W. Wackerly Street, thence west on W. Wackerly Street to Perrine Road, thence north on Perrine Road to the northern city limits, thence east and north following city limits with its various jogs to Monroe Road, thence east on Monroe Road following the northern and eastern city limits to Eastman Avenue, thence south on Eastman Avenue to point of beginning.

Third Ward – Precinct Four – Beginning at the intersection of N. Saginaw Road and Dublin Avenue, thence north on Dublin Avenue to Warblers Way, thence east on Warblers Way to Pine Meadow, thence north on Pine Meadow to Moorland Drive, thence easterly on Moorland Drive to Perrine Road, thence south on Perrine Road to Haskin Drive, thence east on Haskin Drive to Sturgeon Creek Parkway, thence northerly on Sturgeon Creek Parkway to W. Wackerly Street, thence west on W. Wackerly Street to Perrine Road, thence north on Perrine Road to the northern city limits, thence west and south following the northern city limits with its various jogs to western city limits, thence south and east following city limits with its various jogs to N. Saginaw Road, thence easterly on N. Saginaw Road to point of beginning.

Section 4.  The Fourth Ward of the City of Midland is hereby divided into five election precincts, the boundaries of which shall be as follows:

Fourth Ward – Precinct One – Beginning at the intersection of Eastman Avenue (BR10) and N. Saginaw Road, thence southeasterly on N. Saginaw Road to W. Sugnet Road, thence west on W. Sugnet Road to Orchard Drive, thence north on Orchard Drive to N. Saginaw Road, thence west on N. Saginaw Road to Drake Street, thence north on Drake Street to Dilloway Drive, thence east on Dilloway Drive to Eastman Avenue (BR10), thence south on Eastman Avenue (BR10) to point of beginning.

Fourth Ward – Precinct Two – Beginning at the intersection of N. Saginaw Road and Eastman Avenue (BR10), thence southeasterly on N. Saginaw Road to W. Sugnet Road, thence east on W. Sugnet Road to Jefferson Avenue, thence north on Jefferson Avenue to W. Wheeler Street, thence west on W. Wheeler Street to Morning Way, thence north on Morning Way to Nakoma Drive, thence west and north on Nakoma Drive to Sylvan Lane, thence west on Sylvan Lane to Eastman Avenue (BR10), thence south on Eastman Avenue (BR10) to point of beginning.

Fourth Ward – Precinct Three – Beginning at the intersection of Sylvan Lane and Nakoma Drive, thence south and east on Nakoma Drive to Morning Way, thence south on Morning Way to W. Wheeler Street, thence east on W. and E. Wheeler Street to Claremont Street, thence north on Claremont Street to Avalon Street, thence west on Avalon Street to Woodview Pass, thence south on Woodview Pass to Adams Drive, thence west on Adams Drive to McKinley Street, thence north on McKinley Street to Hollybrook Drive, thence east on Hollybrook Drive to Friar Lane, thence north on Friar Lane to Stillmeadow Lane, thence west on Stillmeadow Lane to E. Chapel Lane, thence west on E. Chapel Lane to Jefferson Avenue, thence south on Jefferson Avenue to Wanetah Drive, thence west on Wanetah Drive to Sylvan Lane, thence south and west on Sylvan Lane to point of beginning.

Fourth Ward – Precinct Four – Beginning at the intersection of Eastman Avenue (BR10) and Sylvan Lane, thence east and north on Sylvan Lane to Wanetah Drive, thence east on Wanetah Drive to Jefferson Avenue, thence north on Jefferson Avenue to the northern city limits, thence west and north following city limits to Eastman Avenue, thence south on Eastman Avenue and the city limits to point of beginning.

Fourth Ward – Precinct Five – Beginning at the intersection of Jefferson Avenue and E. Chapel Lane, thence east on E. Chapel Lane to Stillmeadow Lane, thence east on Stillmeadow Lane to Friar Lane, thence south on Friar Lane to Hollybrook Drive, thence west on Hollybrook Drive to McKinley Drive, thence south on McKinley Drive to Adams Drive, thence east on Adams Drive to Woodview Pass, thence north on Woodview Pass to Avalon Street, thence east on Avalon Street to Claremont Street, thence south on Claremont Street to E. Wheeler Street, thence east on E. Wheeler Street to Swede Avenue, thence north on Swede Avenue and its northerly extension to northern city limits, thence west following city limits with its various jogs to Jefferson Avenue, thence south on Jefferson Avenue to point of beginning. 

Section 5.  The Fifth Ward of the City of Midland is hereby divided into five election precincts, the boundaries of which shall be as follows: 

Fifth Ward – Precinct One – Beginning at the intersection of Jefferson Avenue and E. Wheeler Street, thence east on E. Wheeler Street to Washington Street, thence south on Washington Street to E. Meadowbrook Drive, thence west on E. Meadowbrook Drive to Concord Street, thence south on Concord Street to E. Saint Andrews Road, thence east on E. Saint Andrews Road to Washington Street, thence south on Washington Street to E. Ashman Street, thence west on E. Ashman Street to Jefferson Avenue, thence north on Jefferson Avenue to point of beginning.

Fifth Ward – Precinct Two – Beginning at the intersection of Washington Street and E. Wheeler Street, thence east on E. Wheeler Street to Swede Avenue, thence south on Swede Avenue to E. Ashman Street, thence west on E. Ashman Street to Washington Street, thence north on Washington Street to E. Saint Andrews Road, thence west on E. Saint Andrews Road to Concord Street, thence north on Concord Street to E. Meadowbrook Drive, thence east on E. Meadowbrook Drive to Washington Street, thence north on Washington Street to point of beginning.

Fifth Ward – Precinct Three – Beginning at the intersection of Swede Avenue and Plymouth Street, thence easterly on Plymouth Street to Lund Drive, thence south on Lund Drive to Burlington Drive, thence east on Burlington Drive to Arlington Street, thence south on Arlington Street to Belaire Street, thence east on Belaire Street to Chestnut Hill Drive, thence south on Chestnut Hill Drive to E. Sugnet Road, thence east on E. Sugnet Road to Greenway Drive, thence south on Greenway Drive to E. Ashman Street, thence west on E. Ashman Street to Swede Avenue, thence north on Swede Avenue to point of beginning.

Fifth Ward – Precinct Four – Beginning at the intersection of E. Wheeler Street and Foster Road, thence north on Foster Road and its northerly extension to the eastern city limits and US10, thence southeast following the eastern city limits with its various jogs to Waldo Road, thence south on Waldo Road to E. Ashman Street, thence west on E. Ashman Street to Greenway Drive, thence north on Greenway Drive to E. Sugnet Road, thence west on E. Sugnet Road to Chestnut Hill Drive, thence north on Chestnut Hill Drive to Belaire Street, thence west on Belaire Street to Arlington Street, thence north on Arlington Street to Burlington Drive, thence west on Burlington Drive to Lund Drive, thence north on Lund Drive to Plymouth Street, thence east on Plymouth Street to Forestview Drive, thence north on Forestview Drive to Jamestown Drive, thence east on Jamestown Drive to Congress Drive, thence north on Congress Drive to E. Wheeler Street, thence west on E. Wheeler Street to point of beginning.

Fifth Ward – Precinct Five – Beginning at the intersection of Plymouth Street and Swede Avenue, thence north on Swede Avenue and its northerly extension to the northern city limits, thence east and south following northern and eastern city limits with its various jogs to the northerly extension of Foster Road, thence south on Foster Road to E. Wheeler Street, thence east on E. Wheeler Street to Congress Drive, thence south on Congress Drive to Jamestown Drive, thence west on Jamestown Drive to Forestview Drive, thence south on Forestview Drive to Plymouth Street, thence westerly on Plymouth Street to point of beginning.

Section 7.  Ordinances 1236, 1255, 1314 and 1334 are hereby repealed.

Section 8.  This Ordinance shall take effect upon publication.  (Motion adopted.  Considered first reading.)

 

B B Banucks Liquor License

Jack Duso, Assistant City Manager, presented information on the non-use of the Class C Liquor License held by B B Banucks, Inc.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that based upon the Findings of Fact dated October 8, 2001 the City Council hereby requests that the State of Michigan Liquor Control Commission revoke the Class C Liquor License not currently in use in the City of Midland and held by B B Banucks, Inc. because of non-use as described in Section 5.4 of the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises.  (Motion denied.  Yeas:  None   Nays:  Black, Currie, Griggs, McKeag)

 

2002 Sidewalk Improvement Program

Bradd Maki, Assistant City Engineer, presented information on the 2002 Sidewalk Improvement Program.  Petitions were received for installation of sidewalks on Eastman Avenue (east side) from Sugnet Road to south boundary Midland Country Club, North Parkway (south and east side) from Dyckman Road to Crescent Drive, and Wheeler Street (north side) from Russell Street to Claremont Street.  Prior to discussion Council Member Currie disclosed that she lives on North Parkway.  Council Member Currie stated that she surveyed her area and out of 21 homes, one indicated support, one person was out of town, and 19 indicated they were in opposition to the placement of a sidewalk on North Parkway.  Charles Hepenstal, 1317 North Parkway, petitioner for sidewalk on Eastman Avenue, spoke in support of his request.  Council expressed a concern that Mr. Hepenstal’s request stopped at the Midland Country Club property lines and did not continue down Eastman Avenue to meet existing sidewalk.  John Rapanos, 1012 W. Sugnet Road, felt that if Eastman Avenue was included in the sidewalk program it should include the area from the Midland Country Club to existing sidewalk.  Daryl Cosens, 1316 North Parkway, opposed placement of sidewalk on Eastman Avenue.  After discussion, Council expressed a desire to work with the church regarding possible placement on Eastman Avenue before ordering the sidewalk in.  Council agreed to delete Eastman Avenue (east side) from Sugnet Road to south boundary Midland Country Club and North Parkway (south and east side) from Dyckman Road to Crescent Drive from the 2002 Sidewalk Improvement Program.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has had under consideration the construction of concrete sidewalks, to be financed in part by special assessment, located in certain streets in the City of Midland, said streets being:

        Wheeler Street (north side)       Russell Street to Claremont Street

; now therefore

RESOLVED, that the City Manager is directed to prepare a report which shall include estimates of the expense thereof, an estimate of the life of the improvement, and a description of the district benefited to enable the Council to decide the cost, extent and necessity of the improvement proposed and what part or portion thereof should be paid by special assessments upon property especially benefited, and what part, if any, should be paid by the City at large, in conformance with the provisions of Chapter 20 of the Code of Ordinances of the City of Midland, Michigan.  (Motion adopted.)

           

Midland County Solid Waste Management Plan

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

 

RESOLVED, that having reviewed the proposed Midland County Solid Waste Management Plan, dated February 2002, as drafted by the Solid Waste Management Planning Committee, and approved by the County Board of Commissioners, City Council does hereby approve and adopt this plan pursuant to the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended; and

RESOLVED FURTHER, that Council directs City Staff to forward this resolution to the County Board of Commissioners.  (Motion adopted.)

 

5th Amendment – Landfill Letter of Credit with MDEQ

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

 

WHEREAS, on January 9, 1989, the City of Midland entered into an agreement with Chemical Bank and Trust Company to provide a letter of credit in favor of the State of Michigan to fulfill certain bonding requirements imposed upon the City by Michigan law with respect to the City of Midland Sanitary Landfill; and

WHEREAS, on four separate occasions since that date, amendments to said agreement have been approved by the City Council and the Bank to reflect changes in the state’s bonding requirements; and

WHEREAS, the Michigan Department of Environmental Quality (MDEQ), Waste Management Division, has requested an updated Letter of Credit prior to the issuance of the new landfill operating permit; and

WHEREAS, the Bank is willing to further amend the Agreement to comply with the requested update; now therefore

RESOLVED, that the Fifth Amendment To Agreement For Letter Of Credit By And Between Chemical Bank And Trust Company And The City Of Midland, Michigan Dated January 9, 1989 is hereby approved and the Mayor and City Clerk are authorized to execute same, subject to approval by the City Attorney; and

RESOLVED FURTHER, that competitive proposals or bids for said letter of credit are hereby waived as impractical.  (Motion adopted.)

 

Downtown Development Authority – Ramaker Resignation

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

 

RESOLVED, that the resignation of David Ramaker as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Ramaker for his service on this important Board.  (Motion adopted.)

 

Downtown Development Authority – Reisner Appointment

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

 

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the appointment of John Reisner to the Downtown Development Authority for a term to expire May 1, 2004.  (Motion adopted.)

 

Senior Housing Health Care Services

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

 

WHEREAS, the Senior Housing facilities would like to enter into a contract with HEARTLAND HOME HEALTH CARE of Bay City, Michigan to provide optional services to the regular residents of Washington Woods and Riverside Place and Assisted Living services to those enrolled residents of Riverside Place; and

WHEREAS, the bid specifications are for a three (3) year period beginning

April 1, 2002 during which the cost is adjusted annually no more than by the CPI percentage for Medical Care Services, North Central Region; and

WHEREAS, Heartland Home Health Care submitted the bid determined by City staff to be most favorable to the Senior Housing residents; and

WHEREAS, the Senior Housing residents will pay for these services on a User Fee basis; and

WHEREAS, a contract has been reviewed by the City Attorney and Heartland Home Health Care; now therefore

RESOLVED, that the proposal of Heartland Home Health Care be accepted as the proposal most favorable to the City and the Mayor and City Clerk are authorized to approve the contract drafted and approved by the City Attorney in accord with the proposal and the City’s specifications.  (Motion adopted.)

 

Downtown Economic Enhancement Strategy – Professional Services Agreement

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

 

WHEREAS, in accord with Chapter 2, Article II, Section 2-18 of the Code of Ordinances, proposals have been solicited and received for the Downtown Economic Enhancement Strategy; and

WHEREAS, proposals were submitted by Beckett & Raeder, Chesapeake Group, Gove Associates, Market Insite Group, and Strategic Edge; and

WHEREAS, members of the Downtown Development Authority interviewed the following firms: Gove Associates, Market Insite Group, and Strategic Edge; and

WHEREAS, the Downtown Development Authority unanimously recommends hiring Market Insite Group; and

WHEREAS, the Midland Downtown Development Authority will fund $25,000 of the $45,000 project with the remaining $20,000 being funded by a grant from the Michigan Economic Development Corporation, now therefore

RESOLVED, that the proposed Professional Services Agreement with Market Insite Group be accepted in the amount of $45,000; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City.  (Motion adopted.)

 

Park Mowing Services

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing mowing services for various park properties within the City of Midland for a three year period, Bid No. 2558; and

WHEREAS, the bid period covers three years and while sufficient funds have been appropriated for 2001-02, the bid is dependent on future funds being appropriated; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Forever Green of Bay City, Michigan in the amount of $10,921.00 and to Neal Sweebe, Inc. of Midland, Michigan in the amount of $7,560.00, for the purchase of park mowing services for the remainder of fiscal year 2001-02; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue further purchase orders in the amount of $3,640.45 per month to Forever Green and $2,520.00 per month to Neal Sweebe, Inc. for the months of July through October in 2002 and April through October in 2003 and 2004 provided that funds are appropriated.  (Motion adopted.)

 

Treatment Services for Sycamore Trees

Martin McGuire, Director of Public Services, presented information on treatment services for Sycamore Trees infected with Anthracnose.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Chemical Application to Control Anthracnose in the City’s sycamore trees, Bid. No. 2886; and

WHEREAS, Twin Lawn Landscape of St. Louis, Michigan proposed an alternate bid to inject the trees with Fungisol; and

WHEREAS, City staff and a group of forty residents who attended an informational meeting on March 5, 2002 have endorsed the injection treatment as a preferred option; and

WHEREAS, sufficient funds are available in the 2001-02 budget for this purpose; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order in the amount of $22,800 to Twin Lawn Landscape of St. Louis, Michigan for the treatment of sycamore trees through injection.  (Motion adopted.)

 

Payment - Environmental Management Consulting Services (Dow Corning Tax Appeal)

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

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000 and 2001 assessment and taxable value of certain property it owns located in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the services of the environmental management consulting firm of Pilko & Associates, Inc. are required to assist the City in its defense of the Dow Corning Corporation’s appeals; and

WHEREAS, on November 12, 2001, Council authorized payment Pilko & Associates, Inc. for the aforementioned services in a total amount not to exceed $105,000; and

WHEREAS, additional services of Pilko & Associates, Inc. are now necessary; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

WHEREAS, sufficient budgetary funding exists within the Dow Corning Corporation Tax Appeal activity of the 2001-2002 General Fund Budget; now therefore

RESOLVED, that payment to Pilko & Associates, Inc. for professional services in connection with the aforementioned defense of the Dow Corning Corporation is hereby authorized in an amount not to exceed $197,000.  (Motion adopted.)

 

Zoning Petition No. 485

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 22, 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 AN INDUSTRIAL A ZONING WHERE A BUSINESS C 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:

Beginning at the intersection of the section line common to Sections 21 and 22, T14N R2E with the center line of Lyon Road; thence Easterly 579 feet along the center line of Lyon Road; thence South to the center line of Wexford Street; thence West along the centerline of Wexford Street, to said section line, thence South along said section line to a point 20 feet South of the North line of the abandoned railroad right of way; thence Westerly and Northerly along a curve which is 20’ South of and parallel to the North line of the abandoned railroad right-of-way, to the center line of Lyon Road; then Northerly and Easterly along the center line of Lyon Road, to the point of beginning.

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

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. 486

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 22, 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 B ZONING 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:

Commencing 1437 feet East of the SW Corner Government Lot 9, Sec 18, thence North 264 feet, East 165 feet, South 264 feet, West 165 feet to the P.O.B. and also beginning 45 feet East of the Southwest corner of Lot 169 of Cones Subdivision, then North 38 feet, West 165 feet, South 38 feet, East 65 feet to the P.O.B. (parcel code 14-18-50-022); and also beginning 1602 feet East of the SW Corner of Government Lot 9, Sec 18, thence East 3.55 feet, North 264 feet, West 3.55 feet, South 264 feet to the P.O.B. 

 be, and the same is hereby changed to a Residential B.

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.)

 

3/14/02 Closed Session

Council set a special meeting for March 14, 2002, at 6:00 p.m. for the purpose of calling a closed session to discuss pending litigation, specifically Midland Cogeneration Venture Limited Partnership vs. City of Midland.

 

3/19/02 Closed Session

Council set a special meeting for March 19, 2002, at 4:00 p.m. for the purpose of calling a closed session to discuss pending litigation, specifically Dow Corning Corporation vs. City of Midland and The Dow Chemical Company vs. City of Midland. 

 

Cable Access Advisory Commission – Interviews and Appointment

Mayor Black and Council conducted interviews of applicants and voted by ballots for a member-at-large position on the Cable Access Advisory Commission.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that Thomas Kenny is hereby appointed as a Citizen-at-Large member to the Cable Access Advisory Commission to fill an unexpired term expiring June 30, 2003, to be effective immediately.  (Motion adopted.)

 

Being no further business the meeting adjourned at 11:50 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk