March 18, 2002

 

A regular meeting of the City Council was held on Monday, March 18, 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, Marty Wazbinski

Council members absent:

None

 

Minutes

Approval of the minutes of the March 11, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

American Red Cross Month

Selina Tisdale, Community Relations Coordinator, presented information on a request to proclaim March 2002 as American Red Cross Month in Midland and introduced Bruce Peck, Chairman of the Midland/Gladwin County Chapter of the American Red Cross.  The following resolution was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating March as American Red Cross Month in Midland.  (Motion adopted.)  Mayor Black presented Mr. Peck with the proclamation.

 

2002 Boards and Commissions Recruitment Process

Selina Tisdale, Community Relations Coordinator, presented the timeline and process for filling vacancies on various boards and commissions.  A list of incumbents with terms expiring in 2002 and their interest in being considered for reappointment was also presented.  The following resolution reappointing incumbents to various boards and commissions was then offered by Council Member Wazbinski and seconded by Council Member Griggs:

 

WHEREAS, upon City Council request, the city staff has contacted all board and commission members whose terms expire June 30, 2002 to confirm their interest in being reappointed and has provided City Council with said information; now therefore

RESOLVED, that the City Council hereby reappoints the following incumbents to the following boards and commissions effective July 1, 2002 for terms ending June 30, 2005

Stuart Bergstein          -           Aviation Advisory Commission          

Charlotte Williams      -           Dial-A-Ride Advisory Commission

Judy Stein                   -           Library Board

Lois Berthiaume          -           Parks and Recreation Commission

Russell Baker             -           Planning Commission

Carol Svenson            -           Planning Commission

Rod Wieland               -           Planning Commission

Don Hall                      -           Sewer District Board of Appeals

James Pollack                        -           Sewer District Board of Appeals

Joseph Dunn               -           Zoning Board of Appeals

; and

RESOLVED FURTHER, that the following incumbent be reappointed to the Board of Review effective May 1, 2002 for a term ending April 30, 2005

Millard Kent                 -           Board of Review

; and

RESOLVED FURTHER, that the following incumbent be reappointed to the Local Officers Compensation Commission effective July 1, 2002 for a term ending June 30, 2009

Gerald Geyer               -           Local Officers Compensation Commission.  (Motion adopted.)

 

Community Development Toolbox Project

Selina Tisdale, Community Relations Coordinator, presented information on the Community Development Toolbox, which is a process that will result in a comprehensive update to our Zoning and Subdivision Ordinances.  Jon Lynch, Director of Planning and Community Development, presented information on the notification process.

 

Zoning Petition No. 482, 483 and 484 – Public Hearing Cancellations

Jon Lynch, Director of Planning and Community Development, presented information on the requests to cancel and reschedule the public hearings for Zoning Petition No. 482, 483 and 484.  The following three resolutions were then presented for consideration.

 

Zoning Petition No. 482

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

 

WHEREAS, the public hearing notice was not published 15 days prior to the public hearing date, as required by ordinance; now therefore

RESOLVED, the public hearing scheduled for March 18, 2002 will be cancelled; and

RESOLVED FURTHER, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 8, 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 the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on March 22, 2002 and to publish said notice on March 23, 2002.

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 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:

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 McKeag and seconded by Council Member Currie:

 

WHEREAS, the public hearing notice was not published 15 days prior to the public hearing date, as required by ordinance; now therefore

RESOLVED, the public hearing scheduled for March 18, 2002 will be cancelled; and

RESOLVED FURTHER, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 8, 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 the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on March 22, 2002 and to publish said notice on March 23, 2002.

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 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:

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 McKeag and seconded by Council Member Currie:

 

WHEREAS, the public hearing notice was not published 15 days prior to the public hearing date, as required by ordinance; now therefore

RESOLVED, the public hearing scheduled for March 18, 2002 will be cancelled; and

RESOLVED FURTHER, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 8, 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 the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on March 22, 2002 and to publish said notice on March 23, 2002.

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 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:

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.)

 

PUBLIC COMMENTS

Charles Hepenstal, 1317 North Parkway, spoke on his concerns of the City Manager’s role at Council meetings and referred to the March 11, 2002 meeting and his request for sidewalks along Eastman Avenue.

 

New Ward and Precinct Boundary Lines

Penny K. Kovacevich, City Clerk/Treasurer, presented information regarding the second reading of an ordinance that would establish new ward and precinct boundary lines as a result of the 2000 census.  Randy Swierzbin, 1117 Eastman Avenue, presented signed petitions requesting the Midland Historic District neighborhood remain in Ward Two because of commonality with the downtown area and proximity to the polling location.  Upon the request of Mayor Black, Penny Kovacevich presented an alternate plan for the new ward and precinct boundary lines.  Council Member Griggs stated he did not see the advantage in changing the proposed wards and wanted to continue with the second reading.  Mayor Black stated that the alternate plan makes the wards more compact and similar to the current wards.  After council discussion, no action was taken on the second reading.  The following two ordinances amending the ward and precinct lines to match the alternate plan were then presented for consideration.

 

Ward Boundary Lines

Introduction and first reading of the following ordinance to establish new ward boundary lines for the five wards within the City of Midland was offered by Council Member Wazbinski 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 Orchard Drive 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 easterly along the Tittabawassee River to the Sturgeon Creek, thence north following the Sturgeon Creek to W. Main Street, thence southeast on W. Main Street to Orchard Drive, thence north on Orchard Drive 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 Orchard Drive and N. Saginaw Road, thence south Orchard Drive to W. Main Street, thence northwest on W. Main Street to Sturgeon Creek, thence south following Sturgeon Creek 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 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.   Yeas:  Black, Currie, McKeag, Wazbinski    Nays:  Griggs)

 


Precinct Boundary Lines

Introduction and first reading of the following ordinance to establish new precinct boundary lines within the five wards in the City of Midland was offered by Council Member Wazbinski 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 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 Sturgeon Creek, thence north following the Sturgeon Creek to W. Main Street, thence southeast on W. Main Street to Orchard Drive, thence north 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 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. Main Street, thence northwest on W. Main Street to the Sturgeon Creek, thence south following Sturgeon Creek to the Tittabawassee River, thence west following the Tittabawassee River to Whiting Drive, thence northerly following Whiting Drive with its various jogs to W. Sugnet Road, thence northeast on W. Sugnet Road to Northwood Drive, thence north on Northwood Drive to N. Saginaw Road, thence east 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 Northwood Drive, thence south on Northwood Drive to W. Sugnet Road, thence southwest on W. Sugnet Road to Whiting Drive, thence southerly following Whiting Drive with its various jogs 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 west 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.  Yeas:  Black, Currie, McKeag, Wazbinski    Nays:  Griggs)

 

Planning Commission – Appointment (No Action Taken)

Selina Tisdale, Community Relations Coordinator, presented information on the list of current members and citizens interested in being appointed to the Planning Commission to fill an unexpired term expiring June 30, 2003.  Robert Lincoln, 6105 Chicory Court, spoke on his interest in government, politics and serving on the Planning Commission.  After discussion, Council decided to take no action, continue to advertise for citizens interested in serving on the Planning Commission and revisit making an appointment at the April 8, 2002 meeting.

 

Property Division - Subdivision Control Ordinance

Mark Ostgarden, City Planner and Reid Duford, City Personal Property Auditor, presented information on the land division review procedures and proposed amendments to the Subdivision Control Ordinance.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, in 1997 Michigan’s Land Division Act (the Act) was amended; and

WHEREAS, Section 23-90 - Property Division, of the City of Midland Subdivision Control Ordinance is in need of amendments to be consistent with the Act, and language should be included to clarify the requirements of the land division application process; and

WHEREAS, Section 23-85 – Amendments, of the City of Midland Subdivision Control Ordinance requires any changes to the Subdivision Control Ordinance not initiated by the Planning Commission be referred to the Planning Commission for a report; now therefore

RESOLVED, the City Council in accord with Section 23-85  - Amendments, of the Subdivision Control Ordinance refers the amendments to Section 23-90 – Property Division, to the Planning Commission for a report.  (Motion adopted.)

 

Site Plan No. 189 – Deadline Extension

Jon Lynch, Director of Planning and Community Development, presented information on the request for a deadline extension of two months for Site Plan No. 189.  William Gourd, 1024 W. Park Drive, requested this item be removed from the consent agenda so he could hear the reasons for the extension.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, the City Council has received a request from Thom Spencer of Spencer Oil, for extension of deadline for the site plan of a 3,500 square foot gas station/convenience store on 1.1 acres on the northwesterly side of Jerome Street between Ellsworth and Buttles Streets; and

WHEREAS, the City Council has reviewed the request for an extension of the current March 20, 2002 deadline for Site Plan 189; now therefore

RESOLVED, that the City Council does hereby approve the deadline extension for two months for Site Plan No. 189 for Thom Spencer of Spencer Oil, which would then be May 20, 2002.  (Motion adopted.)

 

Requested Vacation of Walkway between Virginia Street and Carolina Street

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

 

RESOLVED, that a petition received from David Emeott, David Dawson, Phillip Leigeb and Tyler Steinka, to vacate the walkway between Virginia Street and Carolina Street, is hereby referred to the City Engineer, the Planning Commission, the Director of Utilities, and the Director of Public Services, for review and recommendation to the City Council.  (Motion adopted.)

 

 

Traffic Control Order R-02-01

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

 

RESOLVED, that Traffic Control Order No. R-02-01 filed January 14, 2002 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the following regulations pertaining to the operation of trucks and trailers on Eastman Avenue from Buttles Street to Ellsworth Street are established.

1.      No truck and trailer shall exceed a maximum gross weight (GVW) of 18,000 pounds.

2.      All vehicles performing essential governmental functions are exempt from these regulations.

3.      All emergency vehicles are exempt from these regulations.

4.      Vehicles delivering and servicing the area adjacent to Eastman Avenue are exempt from these regulations.

is hereby made permanent.  (Motion adopted.)

 

Establishing “The Gerstacker Sprayground”

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

 

WHEREAS, a Sprayground children’s waterpark was recently built near the Tridge and donated to the City; and

WHEREAS, the facility was championed by local philanthropist Esther Gerstacker and funded by the Rollin M. Gerstacker Foundation; and

WHEREAS, the Parks and Recreation Commission unanimously voted at their March 12, 2002 meeting to recommend naming the facility “The Gerstacker Sprayground”; now therefore

RESOLVED, that the City Council hereby establishes “The Gerstacker Sprayground” as the name of the children’s waterpark near the Tridge.  (Motion adopted.)

 

Annual Review and Report on Liquor Licenses

Selina Tisdale, Community Relations Coordinator, presented the City Manager’s annual review on the status of liquor licenses in the City of Midland.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, each year the City Manager’s Office mails letters to the local liquor license establishments requesting that certain information be provided to show proof of compliance as required by Midland’s Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises; and

WHEREAS, all liquor license establishments complied with the applicable sections of the Policy; now therefore

RESOLVED, that in accord with the City of Midland Statement of Policy on Alcoholic Beverage Licenses for Consumption on the Premises, the 2002 report of the City Manager regarding the status of Liquor Licenses in the City of Midland is hereby received and is ordered filed in the City Clerk’s Office.  (Motion adopted.)

 

Support of Diesel Fuel Tax Increase

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

 

Whereas, local commercial truck routes are critical for economic development and attracting new businesses; and

WHEREAS, commercial truck traffic has a negative impact on local streets and bridges; and

WHEREAS, the local commercial network is the backbone of Michigan’s economy; and

WHEREAS, 1951 Public Act 51 establishes a funding distribution formula for the State, county road commissions, cities and villages to maintain their local transportation system; and

WHEREAS, the Governor has proposed to increase the diesel fuel tax from the current 15 cents per gallon to 19 cents per gallon, eliminate the diesel tax credit, simplify the tax collection; and

WHEREAS, the diesel tax and simplification legislation will generate an additional $44 million to the Michigan Transportation Fund; and

WHEREAS, the Governor proposes to bypass the Public Act 51 formula and divert $33.8 million of the diesel fuels tax increase to the Michigan Department of Transportation; and

WHEREAS, under the Governor’s plan, Michigan’s cities and villages shall only receive $670,900 for statewide distribution; and

WHEREAS, if the revenues from the diesel tax increase were distributed, equitably, via the Public Act 51 distribution formula, the Michigan Department of Transportation would receive approximately $15.4 million and Michigan’s cities and villages would receive approximately $8.6 million for road and bridge repair; and

WHEREAS, the city of Midland would receive $6,214.16 under the Governor’s proposal and $80,068.12 if the revenues from the proposed increase in the diesel fuel tax were distributed via the Public Act 51 formula; now therefore

RESOLVED, that the city of Midland recognizes the far-reaching impact of diverting transportation revenues from the Public Act 51 distribution formula and calls upon the Michigan Legislature to support the increase in the diesel fuel tax only if the additional revenue is distributed equitably to MDOT, County Road Commissions, Cities and Villages based on the distribution formula in 1951 Public Act 51; and

RESOLVED FURTHER, that the City Clerk is hereby directed to send a certified copy of this resolution to State Representative Stamas, State Senator Schuette, and the State and Federal Affairs Division of the Michigan Municipal League.  (Motion adopted.)

 

Easement Agreements – Water Mains & Sanitary Sewer (Kohl’s & Midland Place II)

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

 

RESOLVED, that the attached Easement Agreements from Kohl’s Department Stores, Inc. and Midland Place II, to the City of Midland, for public water mains and public sanitary sewers on their private developments, in Section 33, T. 15 N., R. 2 E., are hereby accepted and that the Easement Agreements are ordered recorded.  (Motion adopted.)

 

Barstow Airport Service Contract

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

 

WHEREAS, a report has been received from the City Engineer indicating that the Jack Barstow Municipal Airport Services Contract with Stephen’s Aviation Services, Inc. of Midland, Michigan expires at the end of March 2002; and

WHEREAS, through negotiations, Stephen’s Aviation Services, Inc. has agreed to enter into a new contract with the City of Midland to provide airport operation services for up to five more years; and

WHEREAS, an agreement with Stephen’s Aviation, Inc. has been prepared by the City Attorney; now therefore

RESOLVED, that the City Council hereby waives competitive bids as being impractical in accord with 2-23 of the Code of Ordinances and hereby approves said contract with Stephen’s Aviation Services, Inc. and authorizes the execution of the agreement by the Mayor and City Clerk.  (Motion adopted.)

 

2002 Wilson & Harding Street Reconstruction; Contract No. 6

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction, sidewalk replacement and water main replacement on Wilson Drive from Capital Street to Harding Street and all of Harding Street; and

WHEREAS, funding for this project is provided by the Local Street Fund, General Fund and Water Fund; and

WHEREAS, the Wilson Street Water Main Replacement and Street Reconstruction projects were funded in the 2001-02 budget; and

WHEREAS, the Harding Street Reconstruction and Water Main Replacement Projects have been requested as Water Fund and Local Street Fund expenditures in the 2002-2003 budget; and

WHEREAS, sufficient funds are now available for the Harding Street Reconstruction and Water Main Replacement Projects in the 2001-2002 Water Fund and Local Street Fund due to favorable pricing received; now therefore

RESOLVED, that the Harding Street Reconstruction and Water Main Replacement Projects are approved as Water Fund and Local Street Fund expenditures in the 2001-2002 budget utilizing available funds; and

RESOLVED FURTHER, that the Construction Project Priority Listing proposed for the 2002-2003 budget be amended accordingly to remove the Harding Street projects; and

RESOLVED FURTHER, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2002 Wilson & Harding Street Reconstruction and Water Main Replacement; Contract No. 6", in the indicated amount of $378,685.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

2002 Diamond Drive and Swede at Wackerly Reconstruction; Contract No. 2

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of Diamond Drive from Jefferson Avenue to 2000 feet east of Midfield Lane and the reconstruction of the intersection of Swede Avenue and Wackerly Streets; and

WHEREAS, funding for this project is provided by the Major Street Fund; now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting, Inc. of Midland, Michigan, for the "2002 Diamond Drive and Swede @ Wackerly Street Reconstruction; Contract No. 2", in the indicated amount of $237,064.30, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

Currie Golf Course Clubhouse Contract Increase

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

 

RESOLVED, that an increase in the amount of $4,161.01 is hereby approved, amending the contract with Dow-Howell-Gilmore that was approved on August 14, 2000.  (Motion adopted.)

 

Zoning Petition No. 487

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, 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 the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on April 5, 2002 and to publish said notice on April 6, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS C, OFFICE SERVICE 2 AND RESIDENTIAL A-1 ZONING WHERE A HOMER TOWNSHIP 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:

Begin at the intersection of the North line of Section 2 T14N, R1E, City of Midland, Midland County, Michigan, and the Southerly right of way line of Eastbound U.S. 10 outrun; thence Southeasterly along said right of way line to the East line of said Section 2; thence South along said East line to the intersection of the extended center line of relocated Wackerly Road; thence Northwesterly along said center line to the intersection of the North line of said Section 2; thence East along the North line to the point of beginning.

Be, and the same is hereby changed to a Business C.

Commencing 513 feet South of the North 1/8 corner on the East section line of Section 2, T14N R1E, City of Midland, Midland County, Michigan; thence North 85 degrees 32 minutes West 133 feet; thence North 60 degrees West 198.45 feet; thence North 184.24 feet; thence West 142 feet; thence South 260 feet; thence Southeast along the North right of way line of North Saginaw Road 534.15 feet; thence North 284.45 feet to point of beginning.

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

Beginning at the Northwest corner of the Northeast quarter of the Northeast quarter of Section 2, T14N R1E, City of Midland, Midland County, Michigan; thence East along the North section line to the intersection with the center line of Wackerly Road; thence Southeasterly along the said center line and the center line extended to the East line of Section 2; thence South along the East line to a point 513 feet South of the North 1/8 corner; thence North 85 degrees 31 minutes West 133 feet; thence North 60 degrees West 198.45 feet; thence North 184.24 feet; thence West 142 feet; thence North to a point 514 feet West and 150 feet South of the North 1/8 corner on the East section line of Section 2; thence West 134 feet, thence North 150 feet to the North 1/8 line, thence West along the North 1/8 line to the East 1/8 line; thence North along the East 1/8 line to the point of beginning.

be, and the same is hereby changed to a Office Service 2.

Commencing 581 feet West and 150 feet South of the North 1/8 corner of Section 2, T14N R1E, City of Midland, Midland County, Michigan; thence East 134 feet; thence south 352.85 feet, thence Northwest 160 feet, thence North 264.6 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. 488

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, 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 the City Clerk is hereby directed to notify property owners within four hundred (400) feet of the area proposed to be rezoned by transmitting notice on April 5, 2002 and to publish said notice on April 6, 2002.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A BUSINESS B-2 AND BUSINESS C ZONING WHERE A LARKIN TOWNSHIP 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:

Begin at the Northwest Corner of Section 33, T15N, R2E, City of Midland, Midland County, Michigan; thence East along the North Section Line 308 feet, thence South parallel to, and 308 ft East of the West Line of said section to the center line of Commerce Drive, thence East along said center line to the center line extended of Commerce Court; thence South along said center line to the Southerly right of way line of Commerce Court; thence Northwesterly along the arc of a curve to the right having a radius of 50.45 feet to a point 944 feet South and 594 feet East of the Northwest corner of said Section 33; thence West 594 feet to the West Section Line, thence North 944 feet to the point of beginning.

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

Begin 308 feet East of the Northwest Corner of Section 33, T15N, R2E, City of Midland, Midland County, Michigan, thence East along the North Section Line 662 feet; thence South 1195.84 feet; thence North 69 degree 09 minutes 32 seconds west 309.91 feet; thence Southwesterly along the arc of a curve to the right having a radius of 50.40 feet to the extended center line of Commerce Court; thence North along said center line to the center line of Commerce Drive; thence West along said center line to a point 308 feet East of the West section line; thence North parallel to and 308 feet East of the West Section Line to the point of beginning.

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

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

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

 

Being no further business the meeting adjourned at 9:12 p.m.

 

 

______________________________________

            Sandy Marshall, Deputy City Clerk