December 9, 2002

 

A regular meeting of the City Council was held on Monday, December 9, 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 November 25, 2002 regular meeting was offered by Council Member McKeag and seconded by Council Member Currie.  (Motion adopted.)

 

Comprehensive Annual Financial Report Presentation (Year Ended 6/30/02)

Robert Fisher, Director of Fiscal Services, gave a brief overview of the City of Midland Comprehensive Annual Financial Report for the year ended June 30, 2002.  Bruce M. Berend and Scott M. Janssen, representing the auditing firm of Plante & Moran, PLLC, presented the audit report for the City of Midland for year ended June 30, 2002.  The following resolution was then offered by Council Member Currie and seconded by Council Member Wazbinski:

 

RESOLVED, that the Comprehensive Annual Financial Report of the City of Midland for the year ended June 30, 2002 is hereby received and ordered filed for public examination.  (Motion adopted.)

 

Brownfield Redevelopment Zone

Karl Tomion, City Manager, presented information on a Brownfield Redevelopment Zone and Plan for The Dow Chemical Company.  A public hearing was opened at 7:50 p.m.  Jenee Velasquez, Executive Director of the Midland Economic Development Council, spoke in support of the project.  The hearing closed at 7:52 p.m.  The following resolution was then offered by Council Member Griggs and seconded by Council Member McKeag:

 

WHEREAS, the City Council of the City of Midland, by Resolution adopted on November 11, 2002, (the “Resolution of Intent”), determined that it is in the best interests of the public to facilitate the implementation of plans relating to the identification and treatment of economically and environmentally distressed areas so as to promote revitalization in an area of the City of Midland described in the Resolution of Intent as the “Proposed Brownfield Redevelopment Zone,” and declared its intention to provide for the operation of a Brownfield Redevelopment Authority for the City of Midland (the “Authority”) pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”); and

WHEREAS, on this date, pursuant to and in accordance with the Act and the Resolution of Intent, the City Council held a public hearing, notice of which was given as required by Section 4(2) of the Act, on the adoption of a resolution designating the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers (the “Brownfield Redevelopment Zone”); and

WHEREAS, all citizens, taxpayers and property owners of the City of Midland and officials of the affected taxing jurisdictions had the right and opportunity to be heard at the public hearing on the designation of the boundaries of the Brownfield Redevelopment Zone; and

WHEREAS, the City Council desires to proceed with the designation of the boundaries of the Brownfield Redevelopment Zone within which the Authority shall exercise its powers, all pursuant to and in accordance with the Act; now therefore

RESOLVED, that the Authority shall exercise its powers within the Brownfield Redevelopment Zone, the area of the City of Midland more particularly described and depicted on the map attached to and made a part of this Resolution as Exhibits A and B; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed; and

RESOLVED FURTHER, that the Clerk is hereby directed to file a certified copy of this resolution and attachments with the Secretary of State of Michigan promptly after adoption and to take all other actions incident upon such adoption pursuant to applicable charter or other provisions.  (Motion adopted.)

 

Brownfield Redevelopment Plan

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

 

WHEREAS, the Brownfield Redevelopment Authority (the “Authority”) of the City of Midland, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the “Act”), has prepared and recommended for approval by the City Council, a brownfield plan (the “Plan”) pursuant to and in accordance with Section 13 of the Act, to be carried out within the Brownfield Redevelopment Zone (the “Zone”) described in the Plan and more particularly described on Exhibits “A” and “B” hereto; and

WHEREAS, the Authority has, at least ten (10) days before the meeting of the City Council at which this resolution has been considered, provided notice to and fully informed the taxing jurisdictions in which the Zone is to be located and which are affected by the Financing Plan (the “Taxing Jurisdictions”) about the fiscal and economic implications of the proposed Financing Plan, and the City Council has previously provided to the Taxing Jurisdictions a reasonable opportunity to express their views and recommendations regarding the Financing Plan and in accordance with Sections 13(10) and 14(1) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

A.                  The Plan constitutes a public purpose under the Act;

B.                 The Plan meets all of the requirements for a brownfield plan set forth in Section 13 of the Act; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Taxing Jurisdictions, the City Council desires to proceed with approval of the Plan; now therefore

RESOLVED, that pursuant to the authority vested in the City Council by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached as Exhibit C to this Resolution; and

RESOLVED FURTHER, that should any section, clause or phrase of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than the part so declared to be invalid; and

RESOLVED FURTHER, that all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.  (Motion adopted.)

 

Cable Communication Fund Budget Amendment

Jack Duso, Assistant City Manager, presented information on an amendment to the Cable Communications budget fund that would increase expenditures by $40,500 to provide funding to the Midland Public Schools for an educational channel on the Charter Communications cable system.  A public hearing was opened at 8:02 p.m., no comments were made, the hearing closed at 8:03 p.m.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

RESOLVED, that in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, December 9, 2002, the proposal to amend the budget of the Cable Communications Fund to increase expenditures by $40,500 to provide funding to the Midland Public Schools for the purpose of providing an educational channel on the Charter Communications cable system is hereby approved.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Application Required; Fee Ordinance Amendment

Jack Duso, Assistant City Manager, presented information on an ordinance amendment to the City of Midland application fee for processing any new liquor license or a reclassification of an existing liquor license.  The following ordinance amending Section 15-223 of Division 1 of Article VII of Chapter 15 was then offered by Council Member McKeag and seconded by Council Member Currie:

 

ORDINANCE NO. 1553

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 15-223 OF DIVISION 1 OF ARTICLE VII OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1.            Section 15-223 of Division 1 of Article VII of Chapter 15 is hereby amended to read as follows:

Sec.  15-223.  Application required; fee.

After filing an application with the liquor control commission, each applicant seeking any new, or a reclassification of an existing license, must submit an application to the City on forms that will be provided by the City Clerk.  Such an application pertains to City of Midland approval only, and is in addition to the separate application required by the liquor control commission.  An application fee of $250.00 shall be paid at the time the application is submitted.  Reclassification of an existing license requiring a city application shall include:

(1)        Transfer or change of ownership or stock interest at same location for a Class “C”, Hotel “B”, Resort, and Tavern license.  The transfer in the aggregate to another person during any single licensing year of more than 10% of the outstanding stock of a licensed corporation or more than 10% of the total interest in a licensed limited partnership shall be considered to be a transfer requiring the prior approval of the City Council.

(2)        New locations or new structures with same owner for a Class “C”, Hotel “B”, and Tavern license.  A resort license may not be transferred to a new location.

(3)        New locations or new structures with change of ownership or stock interest for a Class “C”, Hotel “B”, and Tavern license.  A resort license may not be transferred to a new location.

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

 

Site Plan No. 219 – Alpine Mobile Home Village Phase II

Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 219 for Alpine Mobile Home Village Phase II.  Richard Fosgitt from Bartow & King Engineers, Inc. and representing the developer A.J. Fisher, indicated they would be willing to discuss the hammerhead design for the cul-de-sac.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Griggs:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 219, the request of Richard Fosgitt of Bartow & King Engineers, Inc. for Alpine Mobile Home Village Phase II for a residential mobile home park with 120 sites on 35.42 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 219 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 219, contingent upon the following:

1.         Site lighting from the development will not cast illumination off the site and onto adjacent property.

2.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

 

Petitions for Public Improvements

Brian McManus, City Engineer, presented information on requests for public improvements for consideration of inclusion in the 2003 Construction Program.  The following twelve resolutions were then presented for consideration.

 

Water Main on Proposed Roadway from Joe Mann Blvd to Commerce Drive

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

 

RESOLVED, that the attached petition received from Lee A. Johnston for reimbursement for oversizing of a proposed water main along a proposed north-south roadway from Joe Mann Boulevard to Commerce Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Water Main on Fisher Road & South Line of Sec. 24 to end of Centennial Drive

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

 

RESOLVED, that the attached petition received from 3-S Construction for the installation of a water main on Fisher Road and along the south line of Section 24 to the end of Centennial Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Water Main on Perrine Road from Letts Road East to Letts Road West

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

 

RESOLVED, that the attached petition received from John J. Miller for the installation of a water main on Perrine Road from the end of the existing water main to the north line of Section 31, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Water Main Oversizing in Tri-City Commerce Park Subdivision

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

 

RESOLVED, that the attached petition received from Nick Rapanos for reimbursement for oversizing of a proposed water main within the Tri-City Commerce Park Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Sanitary Sewer on Dublin Avenue from Countryside Drive to 500’ North

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

 

RESOLVED, that the attached petition received from Jerry Davis for the installation of a sanitary sewer on Dublin Avenue from Countryside Drive to 500 feet north, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Sanitary Sewer on Isabella Road to Sandow Road

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

 

RESOLVED, that the attached petition received from Michael Skinner for the installation of a sanitary sewer on Isabella Road from the end of the existing sanitary sewer to Sandow Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Street Improvement on Cub Court from Pheasant Ridge to End of Court

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

 

RESOLVED, that the attached petition received from Jerome C. Kole for the improvement of Cub Court from Pheasant Ridge Drive to the end of the court, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Street Reconstruction on Nelson Street from Lingle Ln to St. Andrews

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

 

RESOLVED, that the attached petition received from Jeffrey M. Gandy for the reconstruction of Nelson Street from Lingle Lane to St. Andrews Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Street Reconstruction on St. Charles and Whitman Drive

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

 

RESOLVED, that the attached petition received from John A. Rapanos for the reconstruction of part of St. Charles Street and Whitman Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion Adopted.)

 

Street Oversizing in Tri-City Commerce Park Subdivision

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

 

RESOLVED, that the attached petition received from Nick Rapanos for reimbursement for oversizing of the streets within the Tri-City Commerce Park Subdivision, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Paved Bike Pathway in Plymouth Park from Claremont to Plymouth Pool

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

 

RESOLVED, that the attached petition received from Gaye Woodward for the construction of a paved walkway in Plymouth Park from Claremont Street to the Plymouth Pool, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Street Light Improvements on Stark Road at Westbound US-10 Ramps

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

 

RESOLVED, that the attached petition received from Lincoln Township for the installation of street lights on Stark Road at the westbound ramps to and from US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2003 Construction Program.  (Motion adopted.)

 

Contract Extension - Midland Municipal Supervisory Employees Association

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

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Municipal Supervisory Employees Association for labor contract changes effective upon ratification by the Council and expiring June 30, 2005; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the benefit changes identified in the contract.  (Motion adopted.)

 

2003-04 City of Midland Budget Preparation Schedule

Karl Tomion, City Manager, presented the budget preparation schedule for the 2003-04 fiscal year.  City Council changed the Engineering priorities meeting from January 20, 2003 to Thursday, January 16, 2003, at 7:00 p.m.  The following resolution was then offered by Council Member Currie and seconded by Council Member McKeag:

 

RESOLVED, that the attached budget preparation schedule for the 2003-04 fiscal year is hereby received; and

RESOLVED FURTHER, that said budget preparation schedule shall be filed for public examination in the City Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set special meetings of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, April 21, 2003 and on Monday, May 5, 2003 for the purpose of budget review and public input on the budget.  (Motion adopted.)

 

Bay City Road Reconstruction – MDOT Contract No. 02-5503

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

 

WHEREAS, a proposed Contract No. 02-5503 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the reconstruction of Bay City Road from the CSX Railroad tracks to Rockwell Drive; and

WHEREAS, the total estimated cost of the project is $913,600 and that $375,000 will be paid from a federal Surface Transportation Program grant and that the remaining cost of $538,600 will be paid by the City of Midland Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said road reconstructed; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 02-5503 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland.  (Motion adopted.)

 

Zoning Petition No. 497

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 13, 2003, 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 December 27, 2002 and to publish said notice on December 28, 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 WHERE A TOWNSHIP ZONING 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:

PARCEL A:

PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS:  BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 34; THENCE S 89 DEG 35 MIN 11 SEC E, 2646.35 FT. ALONG THE EAST AND WEST 1/4 LINE, ALSO BEING IN PART THE NORTH PLAT LINE OF OAKBROOK ESTATES, AS RECORDED IN LIBER N OF PLATS, PAGES 23 - 25 OF MIDLAND COUNTY RECORDS TO THE CENTER OF SAID SECTION 34; THENCE N 00 DEG 08 MIN 07 SEC E, 659.22 FT.  ALONG THE NORTH AND SOUTH 1/4 LINE; THENCE N 89 DEG 33 MIN 14 SEC W, 1250.62 FT. ALONG IN PART THE SOUTH PLACE LINE OF ASSESSOR'S PLAT OF JULIE ANN ESTATES, AS RECORDED IN LIBER L OF PLATS, ON PAGES 26 AND 27 OF MIDLAND COUNTY RECORDS, ALSO BEING IN PART THE SOUTH PLAT LINE OF TE-AL ESTATES NO. 1, AS RECORDED IN LIBER O OF PLATS, ON PAGES 7 AND 8 OF MIDLAND COUNTY RECORDS; THENCE N 89 DEG 33 MIN 55 SEC W, 1061.17 FT. ALONG SAID SOUTH PLAT LINE OF TE-AL ESTATES NO. 1; THENCE N 89 DEG 39 MIN 02 SEC W, 116.12 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 220.00 FT.; THENCE N 89 DEG 39 MIN 02 SEC W, 220.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 93.95 FT. ALONG THE WEST SECTION LINE; THENCE S 89 DEG 35 MIN 11 SEC E, 240.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 150.00 FT.; THENCE N 89 DEG 35 MIN 11 SEC W, 240.00 FT.; THENCE S 00 DEG 00 MIN 00 SEC E, 196.00 FT. ALONG THE WEST SECTION LINE TO THE POINT OF BEGINNING.  CONTAINING 38.16 ACRES AND BEING SUBJECT TO JEFFERSON AVENUE RIGHT OF WAY AND ANY OTHER EASEMENTS OF RECORD.

PARCEL B:

PART OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 34, T15N-R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS:  BEGINNING AT A POINT WHICH IS S 89 DEG 35 MIN 11 SEC E, 2094.69 FT. ALONG THE EAST AND WEST 1/4 LINE, ALSO BEING IN PART THE NORTH PLAT LINE OF OAKBROOK ESTATES, AS RECORDED IN LIBER N OF PLATS, PAGES 23-25 OF MIDLAND COUNTY RECORDS FROM THE WEST 1/4 CORNER OF SAID SECTION 34; THENCE S 89 DEG 35 MIN 11 SEC E, 551.66 FT. ALONG THE EAST AND WEST 1/4 LINE TO THE CENTER OF SAID SECTION 34; THENCE S 00 DEG 07 MIN 23 SEC E, 659.36 FT. ALONG THE NORTH AND SOUTH 1/4 LINE; THENCE N 89 DEG 35 MIN 06 SEC W, 353.26 FT. THENCE N 09 DEG 13 MIN 57 SEC E, 232.20 FT.; THENCE ALONG A 60.00 FT. RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 251 DEG 06 MIN 07 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 16 DEG 46 MIN 51 SEC W, 97.63 FT. ALONG THE CUL-DE-SAC RIGHT OF WAY OF OAKBROOK DRIVE OF SAID OAKBROOK ESTATES; THENCE N 85 DEG 41 MIN 56 SEC W, 210.00 FT. ALONG THE NORTH RIGHT OF WAY LINE OF SAID OAKBROOK DRIVE; THENCE N 00 DEG 05 MIN 41 SEC E, 322.36 FT. TO THE POINT OF BEGINNING.  CONTAINING 6.48 ACRES AND BEING SUBJECT TO ANY EASEMENTS OF RECORD.

be, and the same is hereby changed to 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. 498

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 13, 2003, 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 December 27, 2002 and to publish said notice on December 28, 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 WHERE A TOWNSHIP ZONING 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:

THE EAST 250 FT OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 31, T15N R2E, LARKIN TWP., MICHIGAN

be, and the same is hereby changed to 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. 499

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 13, 2003, 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 December 27, 2002 and to publish said notice on December 28, 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-4 WHERE A RESIDENTIAL A-2 ZONING 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:

PART OF THE VACATED AIRFIELD LANE (WARREN STREET) DESCRIBED AS BEING FROM THE WESTERLY BOUNDARY OF LOT 56, PARSONS SUBDIVISION (A RECORDED PLAT IN THE CITY OF MIDLAND, MICHIGAN, AS RECORDED IN LIBER A, PAGE 62 OF PLATS, MIDLAND COUNTY RECORDS) EASTERLY TO THE ABBOTT ROAD RIGHT-OF-WAY; SECTION 14, T14N R2E, CITY OF MIDLAND, MIDLAND CO., MICHIGAN WHICH LIES SOUTH OF THE N 1/8 LINE OF SAID SECTION 14.

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

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.)

 

NEW BUSINESS

Set a closed session, at the request of City Manager Karl Tomion, to discuss the City Manager’s annual job performance review for Tuesday, January 7, 2003, at 4:00 p.m.

 

Set a closed session, at the request of City Attorney James Branson, to discuss City Attorney’s annual job performance review for Wednesday, January 8, 2003, at 4:00 p.m. 

 

Directed City Manager to explore and make recommendations to Council on the possibility of the City of Midland intervening in a lawsuit filed by various environmental groups against the Michigan Department of Environmental Quality on the subject of the proposed consent order with The Dow Chemical Company.

 

Being no further business the meeting adjourned at 9:00 p.m.

 

 

______________________________________

            Penny K. Kovacevich, City Clerk