April 12, 2004

 

A regular meeting of the City Council was held on Monday, April 12, 2004, 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.

 

Councilmen present:

Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the March 22, 2004 special and regular meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion adopted.)

 

ZONING PETITION NO. 506

Assistant City Manager Jon Lynch presented information on Zoning Petition No. 506 to rezone property at 4710 Eastman Avenue from Office Service 2 to Business B-1.  The public hearing opened at 7:30 p.m.  Cynthia Winland, 5803 Woodberry Drive, introduced herself as a local planning consultant representing the developer, Agree Realty.  She spoke on the project and entertained Council questions.  Nick Coburn, with Agree Realty located at 31850 Northwestern Highway in Farmington Hills, also responded to Council questions.  The following individuals spoke in opposition to the rezoning:  Sally Stebleton, 6 Burrell Court; Hugo Schaefer, 26 Burrell Court; Katie Gledhill, 27 Burrell Court; Leo Stebleton, 6 Burrell Court; Stacey Dubay, 19 Burrell Court; Rodrigo Barassi, 23 Burrell Court; Bill Kennett, 2409 Arbor Drive; Judy Lee, 22 Burrell Court; Roberta Barassi, 23 Burrell Court.  Grant Kimmerly, representing Our Savior Lutheran Church, 1501 N. Saginaw Road, expressed the Church’s concern that, regardless of the rezoning, the Church’s property not be used as a cut through for traffic.  Chris Lauckner, 3 Burrell Court, spoke in support of the rezoning.  The hearing closed at 8:45 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

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-1 ZONING WHERE A OFFICE SERVICE 2 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 No 5M 20S W 247.95 Feet; thence No 5M 20S W 40.00 feet; thence N 45D 1M E 101.04 Feet; thence N 89D 37M 40S E 50.91 feet to the Point of Curvature of a curve Concave to the south having a radius of 2232.01 Feet and a Central Angle of 2D 28M; thence Easterly 96.27 Feet along the arc of said curve; said arc having a long chord bearing and distance of S 89D 8M 12S E 96.26 Feet; thence S 5M 20S E 131.91 Feet; thence S 89D 54M E 64.37 Feet; thence S 5M 20S E 247.93 Feet; thence N 89D 54M 17S W 304.37 Feet to the point of beginning.

be, and the same is hereby changed to Business B-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.  (Ordinance denied.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

2003-04 DDA BUDGET AMENDMENT

City Controller David Keenan reviewed amendments to the 2003-04 Downtown Development Authority budget for the spring 2004 planting season.  The public hearing was opened at 9:01 p.m., no comments were made, the hearing closed at 9:02 p.m.  The following resolution was offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, 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 on Monday, April 12, 2004, on the proposal to amend the 2003-2004 Downtown Development Authority budget to provide $15,500 of funding to hire a temporary horticulturist and two temporary unskilled laborers to plant and maintain the City’s landscaping within the downtown district; now therefore

RESOLVED, that the 2003-2004 Downtown Development Authority budget be amended to increase appropriations by $15,500 for reasons provided in the preceding paragraph.  (Motion adopted.)

 

PUBLIC COMMENTS

Tom Neuenfeldt, 2747 E. Siebert Street, spoke on various issues concerning Midland.

 

Council took a brief recess at 9:13 p.m.

Council resumed the meeting at 9:23 p.m.

           

PROPOSED 2004-05 BUDGET

Fiscal Services Director Robert Fisher introduced City Controller David Keenan who provided a slide presentation regarding proposals contained in the City Manager’s proposed City budget.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

RESOLVED, that the City Manager’s proposed budgets and financial working plans for the 2004-05 fiscal year, prepared in accord with Section 11.3 of the City Charter, are hereby acknowledged as being received by the Midland City Council on this date, as required by Section 11.2 of the Charter, and are ordered placed on file for public examination; and

RESOLVED FURTHER, that in accord with Section 11.4 of the Charter of the City of Midland, a public hearing on the proposed 2004-05 budget shall be conducted on Monday, April 26, 2004 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that also in accord with Section 11.4 of the Charter of the City of Midland, a second public hearing on the 2004-05 budget shall be conducted on Monday, May 10, 2003 at 7:00 p.m. in the Council Chambers at City Hall, 333 W. Ellsworth Street in the City of Midland; and

RESOLVED FURTHER, that the City Clerk shall cause notice of said public hearings to be published in the Midland Daily News not less than seven days prior to the appointed date of each; and

RESOLVED FURTHER, that copies of the proposed 2004-05 budget of the City of Midland shall be placed on file for public examination during normal business hours at the City Clerk’s office in City Hall, 333 W. Ellsworth Street, and at the Grace A. Dow Memorial Library, 1710 W. St. Andrews Street, in the City of Midland; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish once in the Midland Daily News a comparative summary of the 2003-04 budget and the 2004-05 proposed budget.  (Motion adopted.)

 

CIVIC ARENA BONDS – NOTICE OF INTENT

Fiscal Services Director Robert Fisher presented information regarding the City’s intent to issue general obligation bonds for the purpose of financing a portion of the cost to construct and equip a new Civic Arena.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the City intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) for the purpose of paying the cost of acquiring and constructing certain capital improvement items consisting of a civic arena together with all necessary and related appurtenances and attachments (the “Project”); and

WHEREAS, a notice of intent to issue bonds must be published before the issuance of the aforesaid bonds in order to comply with the requirements of Section 517 of Act 34, Public Acts of Michigan, 2001, as amended; and

WHEREAS, the City intends, at this time to state its intentions to be reimbursed from proceeds of the bonds for any expenditures undertaken by the City for the Project prior to issuance of the bonds.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Midland Daily News, a newspaper of general circulation in the City.

2.         Said notice of intent shall be published as a one-quarter (1/4) page display advertisement in substantially the following form:

NOTICE TO ELECTORS

OF THE CITY OF MIDLAND

OF INTENT TO ISSUE BONDS SECURED BY THE TAXING

POWER OF THE CITY AND THE RIGHT OF REFERENDUM THEREON

PLEASE TAKE NOTICE that the City Council of the City of Midland, Midland and Bay County, Michigan, intends to issue and sell general obligation capital improvement bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) for the purpose of paying the cost of acquiring, constructing, furnishing and equipping a civic arena for recreational, office and conference use together with parking facilities, site improvements and necessary and related appurtenances and attachments therefor.

Said bonds will mature in annual installments not to exceed twenty-five (25) in number, with interest rates to be determined at sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds.  The bonds may be issued in one or more series as shall be determined by the City Council.

SOURCE OF PAYMENT OF BONDS

THE PRINCIPAL AND INTEREST OF THE BONDS shall be payable from the general funds of the City lawfully available for such purposes including property taxes levied within applicable charter, statutory and constitutional limitations.

RIGHT OF REFERENDUM

THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE.  IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.

THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts of Michigan, 2001, as amended.

Selina Tisdale

Clerk, City of Midland

3.         The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds and the manner of publication directed is the method best calculated to give notice to the City’s taxpayers and electors of this Council’s intent to issue the bonds, the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.

4.         The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:

 

(a)        As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City.

(b)        The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof.

(c)        The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $6,500,000.

(d)        A reimbursement allocation of the expenditures described in (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid.  A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution.

(e)        The expenditures described in (b) above are “capital expenditures” as defined in Treas. Reg. § 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of placed in service under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).

(f)         No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas. Reg. § 1.150‑2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (d) above.

5.         All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.  (Motion adopted.)

 

FINAL PLAT OF OAKBROOK ESTATES EAST SUBDIVISION

Assistant City Manager Jon Lynch presented information on the Final Plat of Oakbrook Estates East Subdivision.  Richard Fosgitt, of Bartow and King Engineers, spoke regarding the project.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Myers:

 

WHEREAS, the Final Plat of Oakbrook Estates East Subdivision is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Oakbrook Estates East Subdivision, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said plat and record on behalf of the City.  (Motion adopted.)

 

TRAFFIC CONTROL ORDER S-03-13

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. S-03-13 filed December 29, 2003 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Robinhood Terrace shall stop for Sugnet Road.

is hereby made permanent.  (Motion adopted.)

 

GEORGE STREET DRAINAGE BASIN SEWER EASEMENT AGREEMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the attached Easement Agreement from The Dow Chemical Company, to the City of Midland, for part of the Right of Way required to construct the George Street Drainage Basin sewer project in Section 21, T. 14 N., R. 2 E., is hereby accepted and that the Mayor and City Clerk are authorized to sign said agreement and that they are ordered recorded.  (Motion adopted.)

 

EASEMENT FOR GAS PIPELINE TO CONSUMERS ENERGY

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the attached Easement for Gas Pipeline from Consumers Energy Company to the City of Midland, for placement of a gas main and related gas services between Joe Mann Boulevard and Commerce Drive through the east 15 feet of the Northeast ¼ of the Northeast ¼ of Section 32, Township 15 North, Range 2 East, lying Westerly of the Westerly right of way line of Eastman Avenue, City of Midland, Midland County, State of Michigan, is hereby accepted and that the easement is ordered recorded.  (Motion adopted.)

 

NEW STREET CERTIFICATION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, certain streets have been constructed within the City of Midland as listed below:

           Broadhead Drive               from Jefferson Avenue to east line Broadhead Estates No. 1

           Elisenal Drive                    from Joe Mann Boulevard to Jacobs Drain

           Miramist Court                   from Broadhead Drive to end of cul-de-sac

           Toboggan Run                  from City Forest Estates Drive to end of cul-de-sac

; and

WHEREAS, the centerline of Elisenal Drive is described as:  Commencing at the North ¼ Corner of Section 33, T. 15 N., R. 2 E.;  thence S00°02’15”E, 1899.89 feet along the North-South ¼ of Section 33 to the centerline of Jacobs Drain; thence along the centerline of Jacobs Drain the following 3 courses, 1) S89°14’05”W 20.88 feet, 2) N71°04’45”W 480.45 feet, 3) S86°26’10W 776.53 feet to the centerline of Elisenal Drive and the point of beginning;  thence S00°03’58”E 890.72 feet; thence Southeasterly 64.78 along the arc of a curve to the left having a chord bearing and distance of S7°21’27”E, 64.60 feet; thence Southwesterly 160.69 feet along the arc of a curve to the right having a chord bearing and distance of S3°37’57” W 157.94 feet; thence S21°54’50”W 35.06 feet, to the centerline of Joe Mann Boulevard and the point of ending; and

WHEREAS,  Broadhead Drive and Miramist Circle are in the recorded plat of Broadhead Estates No. 1 and Toboggan Run is in the recorded plat of City Forest Estates No. 2; and

WHEREAS,  it is necessary to furnish certain information to the State of Michigan to place said streets within the City of Midland Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended; now therefore

RESOLVED, that said streets are located within public rights-of-way under the control of the City of Midland; and

RESOLVED FURTHER, that the City of Midland hereby accepts the above public streets into the City of Midland Local Street System for public street purposes.  (Motion adopted.)

 

REQUEST FOR STREET NAME CHANGE (DIAMOND DRIVE TO SOCCER DRIVE)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that the request submitted on March 29, 2004, for a street name change from Diamond Drive to Soccer Drive, from Jefferson Avenue to the intersection of the new Joseph Drive extension, is received by the City Council and referred to the Planning Commission for consideration and recommendation, in accord with Section 22-59 of the Code of Ordinances.  (Motion adopted.)

 

BUDGET TRANSFER & PAYMENT FOR LEGAL SERVICES (MEIJER TAX APPEAL)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, Meijer, Inc. appealed the 1993 and 1994 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the Michigan Tax Tribunal issued an Opinion and Judgment on Remand in favor of the City of Midland.  Meijer, Inc., however, subsequently appealed said opinion and judgment to the Michigan Court of Appeals; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on November 24, 2003, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $200,000; and

WHEREAS, the cost of continuing said legal fees is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2003-2004 General Fund budget in the General Tax Appeal activity; 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; now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $30,000 within the 2003-2004 General Fund budget from the appraisal account in the General Tax Appeal activity to the legal fees account in the General Tax Appeal activity; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $70,000 within the 2003-2004 General Fund budget from the tax roll adjustments account in the General Tax Appeal activity to the legal fees account in the General Tax Appeal activity; and

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone, PLC for its assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $250,000.  (Motion adopted.)

 

2004 MIDLAND GUN SHOW REPORT

City Attorney James O. Branson, III presented a report on the 2004 Midland Gun Show sponsored by the Midland County Sportsman’s Club at the Midland Civic Arena on April 3-4, 2004.  Ted Stokich, Midland County Sportsman’s Club Committee Chair for the 2004 Gun Show, spoke favorably about the 2004 Gun Show.  Michael Lauersen, in charge of the New Plans for the 2005 Gun Show, also spoke favorably about the 2004 show.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, on April 3rd and 4th, 2004 the “2004 Midland Gun Show” was held at the Midland Civic Arena; and

RESOLVED, that the City Council hereby accepts the staff report regarding the “2004 Midland Gun Show”.   (Motion adopted.)

 

2004 SURFACE TREATMENT PROGRAM; CONTRACT NO. 4

The following resolution was offered by Councilman Myers and seconded by Councilman 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 surface treatment of local and major streets; and

WHEREAS, funding for this project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the adjusted low sealed proposal submitted by Terry Construction of Hamilton, Ohio for the "2004 Surface Treatment Program; Contract No. 4", in the indicated amount of $143,245.70 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 any change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion adopted.)

 

2004 ASHMAN WATER MAIN UNDER US-10; CONTRACT NO. 11

The following resolution was offered by Councilman Myers and seconded by Councilman 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 installation of a new 10” water main along the south side of Ashman Street and under Highway US-10; and

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

RESOLVED, that the low sealed proposal submitted by Huckins Contracting, Inc. of Beaverton, Michigan, for the "2004 Ashman Water Main under US-10; Contract No. 11", in the indicated amount of $52,516.50, 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.)

 


2004 WATER MAIN REPLACEMENT PROGRAM; CONTRACT NO. 12

The following resolution was offered by Councilman Myers and seconded by Councilman 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 replacement of water mains on Corning Lane, Sauve Street and on Bay City Road from Sauve Street to Saginaw Road; and

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

RESOLVED, that the low sealed proposal submitted by Sova Excavating & Trucking, Inc. of Midland, Michigan, for the "2004 Water Main Replacement Program; Contract No. 12", in the indicated amount of $159,341.94, 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.)

 

2004 EASTMAN CURB AND SIDEWALK; CONTRACT NO. 21

The following resolution was offered by Councilman Myers and seconded by Councilman 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 installation of concrete curbs, driveway and sidewalks on the west side of Eastman Avenue at the entrance to the Midland County Fairgrounds; and

WHEREAS, funding for this project is provided by the Major Street Fund and the Midland County Fair Board; now therefore

RESOLVED, that the low sealed proposal submitted by Johnston Contracting, Inc. of Midland, Michigan, for the "2004 Eastman Curb and Sidewalk; Contract No. 21", in the indicated amount of $35,171.50, 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.)

 

SPRAYGROUND AT LONGVIEW

Director of Public Services Martin McGuire presented a report on the construction of a Sprayground at Longview School and the need to waive competitive bids as allowed for in Section 2-20 of the Midland Code of Ordinances.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, on October 27, 2003, acting upon a recommendation of the Parks and Recreation Commission, the City Council accepted a gift from the Rollin M. Gerstacker Foundation to build a sprayground on Longview School property; and

WHEREAS, Sections 2-20 of the Code of Ordinances allows for the waiving of bids when donated funds are used; and

WHEREAS, staff had determined it to be in the best interest of the City to utilize the same vendor as was used for the City’s first sprayground; now therefore

RESOLVED, that the City Council, in accord with Section 2-20 of the Code of Ordinances, waives competitive bids for the sprayground; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute a contract, as approved by the City Attorney, with Raindrop Products in the amount of $176,573 to build a sprayground at Longview School.  (Motion adopted.)

 

BICYCLE MOTOCROSS TRACK

Director of Public Services Martin McGuire presented information on a $32,000 donation from the Midland Area Community Foundation and the Midland County Youth Council to build a bicycle motocross track at Stratford Woods Park.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland Area Community Foundation and the Midland County Youth Action Council have offered to donate a total of $32,000 to build a bicycle motocross track; and

WHEREAS, the Parks and Recreation Commission has recommended that the City Council accept the gifts and build a BMX track in Stratford Woods Park; and

WHEREAS, the City staff has worked with the National Bicycle League, the national governing body of the sport, which offers a track building service; now therefore

RESOLVED, that the City Council hereby accepts the gifts from the Midland Area Community Foundation and the Midland County Youth Action Council, and authorizes staff to proceed with the project; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the attached agreement with NBL, as approved by the City Attorney.  (Motion adopted.)

 

AMENDMENT TO LANDFILL LETTER OF CREDIT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

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 five 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 and Hazardous Materials Division, requires that the Landfill provide sufficient financial assurance so that funding will be available to meet environmental expenses (repairs and/or closure costs) associated with the operation of a Landfill, prior to the issuance of the new Landfill operating license; and

WHEREAS, the Bank is willing to further amend the Agreement, changing the letter of credit from $3,425,000.00 to $3,526,500.00 to comply with the requested update; now therefore

RESOLVED, that the Sixth 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, as approved by the City Attorney.  (Motion adopted.)

 

LANDFILL FUEL STORAGE SYSTEM UPGRADE

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the Landfill currently has a 5,000 gallon single-contained, above ground diesel fuel tank for supplying fuel to its onsite heavy equipment, which is no longer acceptable according to the Michigan Department of Environmental Quality (MDEQ) and must be upgraded to meet State regulations; and

WHEREAS, sealed bids for the Landfill Fuel Storage System Upgrade, Bid No. 2751, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, on March 23, 2004 a lone bid was accepted from R. W. Mercer Company of Saginaw for an above ground, 6,000 gallon single-contained fuel tank system, with a concrete spill retention dike, at a total cost of  $44,713.00; and

WHEREAS, MDEQ officials then recommended an above ground, double-contained tank, thereby eliminating the need for a concrete spill retention dike, resulting in a net increase of $350.00 for a total cost of $45,063.00; and

WHEREAS, the 2003/04 Landfill budget contains $12,000.00 for said purpose, requiring an intra-fund transfer of $33,063.00 to provide funding for this project; now therefore

RESOLVED, that a budget transfer is authorized in the amount of $33,063.00 from the Landfill Cell 15 Development Project to account 517-9120-912.97-25 – Capital Equipment; and

RESOLVED FURTHER, the modified bid proposal submitted by R. W. Mercer of Saginaw in the amount of $45,063.00 is accepted and a purchase order is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to said purchase order in an aggregate amount not to exceed $5,000.00.  (Motion adopted.)

 

PAYMENT FOR LEGAL SERVICES – DOW CORNING & CHEMICAL TAX APPEALS

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the Dow Corning Corporation appealed the 1996, 1997, 1998, 1999, 2000, 2001, 2002, and 2003 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, The Dow Chemical Company appealed the 1997, 1998, 1999, 2000, 2001, 2002 and 2003 assessments and taxable values of certain property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the law firm of Miller, Canfield, Paddock & Stone has been utilized in assisting the City of Midland in its defense of said appeals; and

WHEREAS, on June 23, 2003, Council authorized payments to Miller, Canfield, Paddock & Stone for the aforementioned services in a total amount not to exceed $4,345,000; and

WHEREAS, the cost of continuing said legal services is expected to exceed the previously approved amount and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the Dow Corning and The Dow Chemical Tax Appeal activity of the 2003-2004 General Fund budgets; now therefore

RESOLVED, that 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

RESOLVED FURTHER, that payment to the law firm of Miller, Canfield, Paddock & Stone for its legal assistance in connection with the aforementioned appeals is hereby authorized in a total amount not to exceed $4,805,000.  (Motion adopted.)

 

CASE SYSTEMS, INC. – IFT APPLICATION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that an application dated March 1, 2004 was received March 8, 2004 from Case Systems, Inc. with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Case Systems, Inc., Plant Rehabilitation District relating to new facilities for both real and personal property with the facility intended to provide for the purchase and move-in of used metal fabrication and power coating equipment from an existing out-of-state company to the Midland facility along with real property improvements necessary to accommodate the new equipment consisting of construction and mechanical and electrical updates in the amount of $1,377,099.95 relating to new facility approval to allow further expansion in the Case Systems, Inc., Plant Rehabilitation District is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, April 26, 2004, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion adopted.)

 

2004 SIDEWALK IMPROVEMENT PROGRAM HEARING OF NECESSITY

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag: 

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of sidewalks on certain streets in the City of Midland in conformance with the Code of Ordinances of the City of Midland, said streets being listed as:

   Ashman Street (north side)            from Waldo Avenue to Stratford Woods Drive

   Cinema Drive (east side)               from Joe Mann Blvd to 780 feet south

   Eastman Avenue (west side)         from end of existing walk to north line of Section 32

   Foster Road (east side)                 from 108 feet south of Hollyberry to 288 feet south of   Hollyberry

   Gary Street (south and west side) from Dawn Drive to end of existing walk

   Joseph Drive (south side)              from Jefferson Avenue to Midfield Lane

   Joe Mann Boulevard (south side)   from Eastman Avenue to Jefferson Avenue

St. Andrews Road (east side)        from St. Andrews Road to Plymouth Street

;and

WHEREAS, the City Council has reviewed and studied said report; now therefore

RESOLVED, that the Council finds and determines that the construction of said sidewalks, as before listed, appears to be necessary public improvements conducive to the general health, convenience and welfare of the people of the City of Midland and that the estimated period of usefulness of said improvement is ten (10) years; and

RESOLVED FURTHER, that for the purpose of effecting a savings in cost, the several proposed improvements are combined into one project and that one special assessment district for the purpose of said combined improvements, be and is hereby established to be known as the “2004 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the following described lands and premises, to wit:

   Ashman Street (north side)            from Waldo Avenue to Stratford Woods Drive

Beginning at the Southwest Corner of Section 12, T. 14 N., R. 2 E., City of Midland, Michigan; thence North 200 feet, along the West Section Line; thence East, parallel to the South Section Line, to a point 660 feet East of the West 1/8 Line; thence South, 200 feet, to the South Section Line; thence West, along the South Section Line, to the Point of Beginning.

   Cinema Drive (east side)               from Joe Mann Blvd to 780 feet south

A parcel of land in Section 33, T. 15 N., R. 2 E., City of Midland, Michigan; being 200 feet wide and lying Easterly from and parallel to the centerline of Cinema Drive and being bounded on the North by the Centerline of Joe Mann Boulevard (South 1/8 Line) and bounded on the South by the Northerly Right of Way line of Highway US-10.

   Eastman Avenue (west side)         from end existing walk to north line of Section 32

The East 200 feet of the Northeast ¼ of Section 32, T. 15 N., R. 2 E., City of Midland, Michigan.

   Foster Road (east side)                 from 108 feet south of Hollyberry to 288 feet south of   Hollyberry

Lots 17 and 18 of Foster Woods Subdivision No. 1 in Section 2, T. 14 N., R. 2 E., City of Midland, Michigan.

   Gary Street (south and west side) from Dawn Drive to end of existing walk

Lots 21, 22, 23, 24 and 25, except the South 15 feet of Lots 21 and 22 of Andrews Subdivision in Section 14, T. 14 N., R. 2 E., City of Midland, Michigan.

   Joseph Drive (south side)              from Jefferson Avenue to Midfield Lane

Beginning at the intersection of the centerline of Joseph Drive with the West Section Line of Section 34, T. 15 N., R. 2 E., City of Midland, Michigan;  thence South 200 feet, along the West Section Line; thence Easterly, parallel to the centerline of Joseph Drive, to the centerline of Midfield Lane; thence North 200 feet, to the centerline of Joseph Drive; thence Westerly, along the centerline of Joseph Drive, to the Point of Beginning.

   Joe Mann Boulevard (south side)   from Eastman Avenue to Jefferson Avenue

Beginning at the intersection of the centerline of Joe Mann Boulevard with the West Section Line of Section 33, T. 15 N., R. 2 E., City of Midland, Michigan;  thence South 200 feet, along the West Section Line; thence Easterly, parallel to the centerline of Joe Mann Boulevard, to the East Section Line of said Section 33;  thence North 200 feet, along the East Section Line, to the centerline of Joe Mann Boulevard; thence Westerly, along the centerline of Joe Mann Boulevard, to the Point of Beginning.

St. Andrews Road (east side)        from St. Andrews Road to Plymouth Street

Beginning at the intersection of the centerline of St. Andrews Road with the North line of Lot 25 of Johnson-Runnells Subdivision in Section 10, T. 14 N., R. 2 E., City of Midland, Michigan; thence East along the North line of Lots 24 and 25 of Johnson-Runnells Subdivision, to the West line of Morse Park Subdivision; thence North along the West line of Morse Park Subdivision, to the centerline of Plymouth Street; thence West, along the centerline of Plymouth Street, to the centerline of Plymouth Park Drive;  thence Southerly along the centerline of Plymouth Park Drive, to the centerline of St. Andrews Road and the Point of Beginning.

;and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder shall consist of constructing sidewalks, in said streets as before listed, and the total estimated cost and expense thereof is two hundred ten thousand fifty-two and 75/100 dollars ($210,052.75); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the City at large shall be eighty-nine thousand two hundred sixty-one and 75/100 dollars ($89,261.75) and that all other costs and expenses of said improvement amounting to one hundred twenty thousand seven hundred ninety-one dollars ($120,791) shall be borne and paid by special assessments on all lands and premises in said Special Assessment District as established above, in proportion to the estimated benefits resulting thereto from the improvement, determined as near as practicable on a front foot basis; and

RESOLVED FURTHER, that the report concerning said improvement is hereby adopted and shall be placed on file in the office of the City Clerk, and the same shall be available for public inspection during regular business hours; and

RESOLVED FURTHER, that the City Council will meet in the City Hall in said City on Monday, May 10, 2004 at 7:00 p.m., then and there to hear any objections or suggestions on the proposed improvement; and

RESOLVED FURTHER, that the City Clerk shall give notice of said hearing of necessity by causing a notice of this resolution to be published once in the Midland Daily News at least one week prior to said hearing date, and that the City Clerk shall also give notice of said hearing date to each property owner subject to special assessment by reason of said improvement, at the address of said property owners to be taken from the latest tax assessment roll in the City Assessor’s office in accordance with Act 162 of Public Acts of Michigan, 1962.  (Motion adopted.)

 

PROPOSED 2003-04 GENERAL FUND BUDGET AMENDMENT (AIRPORT PROJECT)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 pm, April 26, 2004 in the Council Chambers of City Hall on the proposal to amend the 2003-04 General Fund budget to increase revenues by $19,265 to recognize unbudgeted revenue in the form of a construction project refund from the 2000-01 Barstow Airport Apron Project, and increase expenditures by $19,265 to transfer these funds to pay construction costs in the 2004 Barstow Airport Taxi Street Project.  (Motion adopted.)

 

PROPOSED 2003-04 GENERAL FUND BUDGET AMENDMENT (GRANT REVENUES)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, unanticipated revenue in the amount of $85,707 has been awarded from FEMA’s 2003 Assistance to Fire Fighters Grant Program for the purpose of purchasing needed equipment at the City of Midland Fire Department; and

WHEREAS, it is the Fire Department’s intent to use said funds toward purchasing an air tank filling unit and replacement of the base radio station at Station One at a total cost of $95,229; and

WHEREAS, the 2003-04 General Fund budget already includes an appropriation in the amount of $25,507 to replace said base radio equipment, resulting in a need for additional appropriations of $69,722; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, April 26, 2004, in the Council Chambers of City Hall on the proposal to amend the 2003-04 General Fund budget in order to increase Miscellaneous Revenues by $85,707 and to increase appropriations for Fire Department Capital Outlay by $69,722.  (Motion adopted.)

 

PROPOSED 2004-05 CDBG BUDGET

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City of Midland will receive $303,000 in Community Development Block Grant funds for fiscal year 2004-05; and

WHEREAS, $100,230 is expected to be received in program income during the fiscal year; and

WHEREAS, it is necessary to provide an opportunity for public input on the proposed expenditure of said funds; now therefore

RESOLVED, that a public hearing will be held on April 26, 2004, for the purpose of receiving public input on the use of federal funds from the Community Development Block Grant Program, as set forth in the attached table; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish notice of this public hearing in the Midland Daily News on Saturday, April 17, 2004.  (Motion adopted.)

 

ZONING PETITION NO. 507

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 10, 2004, 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 23, 2004 and to publish said notice on April 24, 2004.

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 TOWNSHIP ZONING DISTRICT PRESENTLY EXIST.

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 SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 31 TOWN 15 NORTH, RANGE 2 EAST, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, EXCEPT THE EAST 250 FEET.

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. 508

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 10, 2004, 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 23, 2004 and to publish said notice on April 24, 2004.

ORDINANCE NO. ______

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

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 694 feet South of the North 1/8 corner of the West line of Section 1 T14N, R1E, Homer Township, Midland County, Michigan, thence East (South 89 degrees 43 minutes East) 165 feet; thence North 34 feet; thence East (South 89 degrees 43 minutes East) 171.67 feet; thence South 355.33 feet to the North Right of Way Line of Saginaw Road; thence Northwesterly (North 56 degree 39 minutes 32 seconds West) 402.99 feet along said Right of Way Line to the West Section Line; thence North 101.50 feet along the West Section Line to the Place of Beginning.

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

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. 509

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 10, 2004, 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 23, 2004 and to publish said notice on April 24, 2004.

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 AGRICULTURAL ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXIST.

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:

SECTION 12 T14N R2E COMMENCING 290 FEET EAST OF NORTH ¼ CORNER THEN SOUTH 196 FEET, EAST 180 FEET, NORTH 196 FEET, WEST 180 FEET.

be, and the same is hereby changed to Agricultural.

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. 510

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 10, 2004, 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 23, 2004 and to publish said notice on April 24, 2004.

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 TOWNSHIP ZONING DISTRICT PRESENTLY EXIST.

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:

SECTION 31, T15N R2E COMMENCING 1,014.48 FEET SOUTH OF THE NORTH ¼ CORNER THEN SOUTH 289.74 FEET, NORTH 89 DEGREES 26 MINUTES WEST 310 FEET, NORTH 289.62 FT, SOUTH 89 DEGREES 27 MINUTES EAST 310 FEET.

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. 511

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, May 10, 2004, 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 23, 2004 and to publish said notice on April 24, 2004.

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 TOWNSHIP ZONING DISTRICT PRESENTLY EXIST.

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 SOUTH ½ OF THE NORTHEAST ¼ OF SECTION 33, TOWN 15 NORTH, RANGE 2 EAST, LARKIN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, EXCEPT BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH ½ OF THE NORTHEAST ¼ OF SECTION 33, THEN WEST 528 FEET, THEN SOUTH 165 FEET; THEN EAST 528 FEET; THEN NORTH 165 FEET TO THE PLACE OF BEGINNING; AND EXCEPT COMMENCING AT A POINT 600 FEET NORTH OF THE EAST ¼ CORNER OF SECTION 33, T15N, R2E, THEN NORTH 290 FEET ALONG THE EAST SECTION LINE; THEN WEST 450 FEET; THEN SOUTH 290 FEET; THEN EAST 450 FEET TO THE PLACE OF BEGINNING.

be, and the same is hereby changed to 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.)

 

NEW BUSINESS

Scheduled a special City Council meeting on April 20, 2004, at 5:00 p.m. for the purpose of holding a closed session to discuss pending litigation, specifically Dow Corning Corporation vs. City of Midland.

 

Set a special joint meeting with the Planning Commission on May 20, 2004, from 6:00 p.m. to 10:00 p.m. to discuss the new Zoning Ordinance. 

 

Being no further business the meeting adjourned at 11:10 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk