December 4, 2006

 

A regular meeting of the City Council was held on Monday, December 4, 2006, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

A member of the public asked that Item #5, Airport Rules Update, be removed from the consent agenda.

 

Mayor Johnson requested that Agenda Item #14, Michigan Airborne Day, be taken up as the first item on the agenda.

 

MINUTES

Approval of the minutes of the November 20, 2006 special and regular meetings was offered by Councilman Adams and seconded by Councilman Myers.  (Motion ADOPTED.)

 

MICHIGAN AIRBORNE DAY

City Engineer Brain McManus presented a request to conduct the Michigan Airborne Day event at Barstow Airport on August 4, 2007.  CSM Howard McGee, US Army, Retired and Event Coordinator of the 82nd Airborne Division Association, Mid Michigan Chapter, spoke on behalf of the event and provided further details to Council.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the 82nd Airborne Division, Mid-Michigan Chapter is requesting to hold a reenactment/event at Jack Barstow Municipal Airport on August 4, 2007; and

WHEREAS, the Airport Advisory Commission supports said event; now therefore

RESOLVED, that the 82nd Airborne Division, Mid-Michigan Chapter event at Jack Barstow Municipal Airport is approved.  (Motion ADOPTED.)

 

EASTMAN AVENUE DESIGN SERIES SOLUTIONS REPORT

City Clerk/Community Relations Director Selina Tisdale presented a report on the Eastman Avenue Design Series Solution Report and introduced Senior Project Manager Wes Butch of the traffic engineering firm DLZ of Michigan, who presented an engineering overview of the selected alternative.  City Engineer Brian McManus presented information on a proposed implementation and construction timeline.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the City Engineer and City Clerk reported the outcome of the Eastman Avenue Design Series process for public involvement related to future Eastman Avenue capacity improvements; and

WHEREAS, DLZ Michigan, Inc. provided a technical summary of the proposed road improvement option “Phasing in of the Boulevard with Indirect Turns and Signalized Intersections,” “Smart Signals,” and “Access Management”; and

WHEREAS, City staff agrees that the alternatives designed by DLZ and recommended by the Eastman Avenue Design Series participants are sound based on traffic projections; now therefore 

RESOLVED, that City Council hereby receives and files the Eastman Avenue Design Series Report.  (Motion ADOPTED.)

 


DOW CORNING CORPORATION RENAISSANCE ZONE AND PUBLIC ACT 328

Assistant City Manager John Duso introduced a request from the Dow Corning Corporation to establish a Renaissance Zone and explained the Public Act 328 Agreement public hearing would take place tonight but the approval would be postponed until the January 8, 2007, City Council meeting.

Scott Walker, Executive Director for Midland Tomorrow spoke in favor of Council’s support for the Renaissance Zone and 328 Agreement. 

Dow Corning Corporation Midland Site Manager Ken Kaufman spoke in support of the tax abatements and encouraged Council’s approval of the request.

A public hearing on both items was opened at 8:51 p.m., recognizing no comments, the hearing closed at 8:51 p.m.  The following two resolutions were then presented for consideration.

 

DOW CORNING CORPORATION RENAISSANCE ZONE

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

 

WHEREAS, the City of Midland desires to expand economic activity and increase employment within the community; and

WHEREAS, the City of Midland is committed to the economic growth and well-being of its residents; and

WHEREAS, the City of Midland wishes to establish the boundaries of the Renaissance Zone to include the property known as the Dow Corning Corporation property described in the legal description attached hereto as Attachment A; and

WHEREAS, should the area be designated a Renaissance Zone, any tenant occupying the zone will be exempt from certain taxes including those levied by the City of Midland, the County of Midland and other local units of government as provided under the Michigan Renaissance Zone Act, Public Act 376 of 1996, as amended; and

WHEREAS, Section 12 of the Act requires the State of Michigan to reimburse intermediate school districts, community college districts, public libraries, and the school aid fund for all revenues lost as the result of establishment of renaissance zones; and

WHEREAS, a public hearing was conducted on December 4, 2006 in accord with the Michigan Renaissance Zone Act, Public Act 376 of 1996, as amended, and the appropriate taxing jurisdictions were notified of said public hearing; now therefore

RESOLVED, that the Midland City Council hereby approves the creation of the Dow Corning Corporation Renaissance Zone for a duration of 15 years and the Mayor and City Clerk are hereby authorized to execute a development agreement between the Dow Corning Corporation and the City of Midland; and

RESOLVED FURTHER, that the Midland City Council, in accordance with Public Act 376 of 1996, as amended, consents to the exemption of all taxes levied against all property located within or persons residing within the Dow Corning Corporation Renaissance Zone property and is aware that the following estimated property tax revenue forfeiture will result by placing said property in a Renaissance Zone during the first full year of operation.

            1.         City of Midland                                     $   325,203

            2.         County of Midland                               $   220,697

            3.         Delta Community College                   $     55,964

            4.         MCESA                                               $     32,208

            5.         Midland Public Schools                       $   493,148

                        Total of All Jurisdictions                      $1,127,220

(Motion ADOPTED.)

 


DOW CORNING CORPORATION PUBLIC ACT 328

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

 

WHEREAS, on November 20 the City Council scheduled a public hearing on the Dow Corning Corporation request to enter into an Act 328 Agreement with the City of Midland pursuant to Public Act 328 of 1998, as amended; and

WHEREAS, Dow Corning has requested that final action on approving the Act 328 Agreement be postponed until January 8, 2007; and

WHEREAS, a public hearing on said agreement was conducted on December 4, 2006 in accord with the provisions of Public Act 328 of 1998, as amended, and the appropriate taxing jurisdictions were notified of said public hearing; now therefore

RESOLVED, that the City Council hereby postpones action on the proposed Act 328 Agreement between the City of Midland and the Dow Corning Corporation until January 8, 2007.  (Motion ADOPTED.)

 

Council recessed from 9:00 p.m. until 9:05 p.m.

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, commented on the need for more small businesses and party stores in high-residential and multi-family housing areas of the city.   She also spoke regarding the Rail-Trail, MCTV funding and Eastman Avenue traffic.

 

MCTV FEES ORDINANCE AMENDMENT

MCTV Director Ronald Beacom introduced the second reading of an ordinance amending Section 21-121 of Division 4 of Article VII of Chapter 21 of the Code of Ordinances to establish new and increase existing Midland Community Television use fees.

Chuck Hepenstal, 1317 N. Parkway, commented he felt the fee proposal was deficient in that it should be set more in proportion to the cable-time time consumed by the program.

The following ordinance amending MCTV fees was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1624

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-121 OF DIVISION 4 OF ARTICLE VII OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-121 of Division 4 of Article VII of Chapter 21 is hereby amended to read as follows:

            Sec. 21-121. Use fees.

The use fees for MCTV services are as follows:

 (1)       Annual access user fee                                                           $25.00

 (2)       Training fees:

            a.     Access user training course (initial)                                $20.00 

            b.     Access user training course (advanced)                          10.00

            c.     Video camp                                                                        50.00

 (3)       Video duplication fees:

            a.     0-60 minutes of content                                                   $10.00

            b.     61-120 minutes of content                                                 20.00

           c.    Over 120 minutes of content                                              30.00

Section 2.        This Ordinance shall take effect March 1, 2007.  (Ordinance ADOPTED.)

 


MCTV RULES AND PROCEDURES

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

 

WHEREAS, the City Council has given second reading and adoption of an ordinance amending Section 21-121 of Division 4 of Article VII of Chapter 21 of the Code of Ordinances to establish new and increase existing Midland Community Television use fees; and

WHEREAS, certain changes to the MCTV Rules and Procedures have been recommended to maintain consistency between the Rules and Procedures and the proposed fees; now therefore  

RESOLVED, that the City Council hereby approves the recommended revisions to the MCTV Rules and Procedures, which will take effect March 1, 2007.  (Motion ADOPTED.)

 

JACK BARSTOW AIRPORT RULES AND REGULATIONS

City Engineer Brain McManus presented a resolution revising the Jack Barstow Municipal Airport Rules and Regulations as recommended by the Aviation Advisory Commission. 

Chuck Hepenstal, 1317 N. Parkway, commented on the addition of rules and regulations allowing alcohol at Barstow Airport.  Mr. Hepenstal commented there should be no alcohol permitted on the grounds.  Jeff T. Rairigh, Barstow Airport Operations Manager, commented on Federal Aviation Administration’s strict regulations on alcohol use and flying. 

The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, the current Jack Barstow Municipal Airport Rules and Regulations have been in place since 1997, and the Aviation Advisory Commission and City staff undertook a lengthy process to update the rules for compliance with current standards; and

WHEREAS, the public and Aviation Advisory Commission were provided opportunity to comment and discuss all updates to the airport rules; and

WHEREAS, the Aviation Advisory Commission authorized the Airport Manager to present the proposed rules for adoption by the City Council with a favorable 4/0 vote at their November 21, 2006 special meeting; now therefore

RESOLVED, that the revised Jack Barstow Municipal Airport Rules and Regulations are approved as proposed.  (Motion ADOPTED.)

 

2006 CONSTRUCTION PROGRESS REPORT

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

 

WHEREAS, the City Engineer reported the status of completion for projects in the 2006 Construction Program; now therefore 

RESOLVED, that City Council hereby receives and files the 2006 Construction Progress Report.  (Motion ADOPTED.)

 

PETITIONS FOR PUBLIC IMPROVEMENTS

City Engineer Brian McManus presented a report on petitions and requests for capital projects received by the Engineering Department and referring them to the Engineering Department for consideration of inclusion in the 2007 Construction Program.  The following four resolutions were then presented for consideration.

 


GEORGE STREET RELOCATION FOR THE COMMUNITY CENTER

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

 

RESOLVED, that the attached petition received from the Midland Community Center for the relocation of George Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2007 Construction Program.  (Motion ADOPTED.)

 

NEW ROADWAY FROM WASHINGTON STREET TO SAGINAW ROAD

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

 

RESOLVED, that a request received from The Dow Chemical Company for the construction of a new street between Washington Street and Saginaw Road to replace proposed vacated Austin Street and Bay City Road between Washington Street and Saginaw Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2007 Construction Program.  (Motion ADOPTED.)

 

WATER MAIN ON WALDO AVENUE FROM WHEELER STREET TO DIAMOND DRIVE

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

 

RESOLVED, that the attached petition received from Michael J. Rapanos, Big Timber Limited Partnership, Mark E. Rapanos, John A. Rapanos and Judith Ann Rapanos for the installation of a water main on Waldo Avenue from Wheeler Street to Diamond Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2007 Construction Program.  (Motion DENIED.  Yeas:  None  Nays:  Adams, Johnson, McKeag, Myers, Rokosz)

 

SANITARY SEWER ON WALDO AVENUE FROM WHEELER STREET TO DIAMOND DRIVE

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

 

RESOLVED, that the attached petition received from Michael J. Rapanos, Big Timber Limited Partnership, Mark E. Rapanos, John A. Rapanos and Judith Ann Rapanos for the installation of a sanitary sewer on Waldo Avenue from Wheeler Street to Diamond Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2007 Construction Program.  (Motion DENIED.  Yeas:  None   Nays:  Adams, Johnson, McKeag, Myers, Rokosz)

 

SIDEWALK TIME EXTENSION – SCENIC ESTATES SUBDIVISION NO. 6

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

 

WHEREAS, a written request has been received from Prodo, Inc., proprietor of Scenic Estates Subdivision No. 6 to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalks within Scenic Estates Subdivision No. 6 until December 18, 2007, conditioned upon receipt of financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 4, 2007 Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. D-06-02

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

 

RESOLVED, that Traffic Control Order No. D-06-02 filed September 20, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the flasher signal at the intersection of State Street and Ellsworth Street shall be removed and all previous traffic control orders at this intersection be rescinded.

 is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER NO. S-06-04

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

 

RESOLVED, that Traffic Control Order No. S-06-04 filed September 21, 2006 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Ellsworth Street shall stop for State Street.

is hereby made permanent.  (Motion ADOPTED.)

 

STREET VACATION REQUEST – BUTTLES STREET AND BAY CITY ROAD

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

 

WHEREAS, the Dow Chemical Company, Michigan Operations, has recommended vacation of Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street; and

WHEREAS, such vacation must be done in accord with Section 23-87 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 23-87 of the Code of Ordinances, the request to vacate Buttles Street and Bay City Road, including sections of Sixth Street, Jefferson Avenue and Pershing Street is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation.  (Motion ADOPTED.)

 

STREET VACATION REQUEST – AUSTIN STREET AND BAY CITY ROAD

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

 

WHEREAS, the Dow Chemical Company, Michigan Operations, has recommended vacation of Austin Street and Bay City Road, including sections of 18th, 19th and 21st Streets; and

WHEREAS, such vacation must be done in accord with Section 23-87 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 23-87 of the Code of Ordinances, the request to vacate Austin Street and Bay City Road, including sections of 18th, 19th and 21st Streets is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation.  (Motion ADOPTED.)

 


STREET VACATION REQUEST – MIDFIELD LANE

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

 

WHEREAS, the City of Midland has recommended vacation of Midfield Lane from Soccer Drive to 430’ south of Joseph Drive; and

WHEREAS, such vacation must be done in accord with Section 23-87 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 23-87 of the Code of Ordinances the request to vacate Midfield Lane from Soccer Drive to 430’ south of Joseph Drive is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation.  (Motion ADOPTED.)

 

VELASQUEZ REAPPOINTMENT – BROWNFIELD REDEVELOPMENT AUTHORITY

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

 

RESOLVED, that Jenee Velasquez is hereby reappointed to the Brownfield Redevelopment Financing Authority for a term expiring December 1, 2009.  (Motion ADOPTED.)

 

LYNCH REAPPOINTMENT – SAG/MID MUNICIPAL WATER SUPPLY CORP BOARD

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

 

RESOLVED, that Jon Lynch, City Manager of the City of Midland, Michigan, is hereby reappointed to the Saginaw-Midland Municipal Water Supply Corporation Board of Trustees for the term expiring December 31, 2012.  (Motion ADOPTED.)

 

LEADERSHIP MIDLAND ALUMNI ASSOCIATION MINI-SUMMIT

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

 

RESOLVED, that the request from the Leadership Midland Alumni Association to hold a Mini-Summit at Jack Barstow Municipal Airport from 6:00 p.m. until 8:00 p.m. on Tuesday, December 12, 2006, is hereby approved subject to the following conditions:

  • Capacity of the airport terminal building may not exceed 38 persons.
  • Alcohol is not permitted.
  • The event will have non-exclusive access to the facility allowing pilots arriving, departing, or in transit to have full access to the facility.

and;

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

DART BUS PURCHASE

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

 

WHEREAS, the City of Midland requested replacement of up to three buses in the Dial-A-Ride fleet as part of the annual state application for operating assistance in FY 2005; and

WHEREAS, the State of Michigan Department of Transportation has approved said request and has acquired the necessary funding for the purchases of these replacement buses; and

WHEREAS, sufficient funding for the purchase of two buses is included in the 2006-07 Dial-A-Ride budget for Capital Outlay, Vehicles along with the corresponding revenue from the FY2005 capital grant; now therefore

RESOLVED, that the purchase of the buses through the State of Michigan Extended Purchasing Program is hereby authorized; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Hoekstra Transportation, Inc. of Grand Rapids, Michigan in the amount of $108,426.00 for the purchase of two 8+2 passenger cutaway buses, all in accordance with the State of Michigan Extended Purchasing Program proposal and specifications; and

RESOLVED FURTHER, that, after the new replacement buses are put into service, the old buses shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for Dial-A-Ride operational expenses.  (Motion ADOPTED.)

 

DART VAN PURCHASE

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

 

WHEREAS, the City of Midland has adequate funds left from FY 2004 & FY 2005 Section 5309 capital grants awarded by the federal government to replace an additional bus; and

WHEREAS, the State of Michigan Department of Transportation has approved said request and has acquired the necessary funding for the purchase of the replacement bus; and

WHEREAS, sufficient funding for the purchase of the bus is included in the 2006-07 Dial-A-Ride budget for Capital Outlay, Vehicles along with the corresponding revenue from the capital grants; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Great Lakes Coach of Schoolcraft, Michigan in the amount of $56,677.00 for the purchase of one 7+1 transit van in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that, after the new replacement bus is put into service, the old bus shall be sold in accordance with Code Section 2-22 and 2-23, and the proceeds be used for Dial-A-Ride operational expenses.  (Motion ADOPTED.)

 

WATER TREATMENT PLANT IMPROVEMENTS – DESIGN ENGINEERING SERVICES

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

 

WHEREAS, the Midland Water Treatment Plant is undertaking a project to maintain system reliability by replacing various 23-year-old chemical feed systems, consisting of a campus of two water plants with a combined treatment capacity of 48 MGD (12 MGD and 36 MGD); and

WHEREAS, the engineering design and bid services required are to provide construction drawings, bid specifications and other essential documents for the project through the bid phase; and

WHEREAS, on October 17, 2006 sealed proposals using a two-envelope process were received for Bid No. 2974, Design and Bid Services for the Water Treatment Plant Chemical Feed Systems and Improvements in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the evaluation of the bid packages (Envelope 1) resulted in the highest evaluation rating being given to Fishbeck, Thompson, Carr & Huber of Grand Rapids, Michigan, based on the evaluation criterion; and

WHEREAS, the second envelope contained the pricing for each proposal and was opened by the City's Purchasing Agent, with Fishbeck providing the lowest bid price; and

WHEREAS, sufficient funds are available in 2006/07 Water Fund account # 591-9120-912.97-65 – Capital Projects; now therefore

RESOLVED, that the proposal submitted by Fishbeck, Thompson, Carr & Huber is hereby accepted and a purchase order is authorized in an amount not to exceed $84,400.00; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

ZONING PETITION NO. 535

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at 7304 Jefferson Avenue for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2007, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 15, 2006 and to publish said notice on December 16, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RA-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 34, T15N, R2E, LARKIN TOWNSHIP, MIDLAND COUNTY, STATE OF MICHIGAN, DESCRIBED AS:  BEGINNING NORTH 00D 04M 12S EAST, ALONG THE WEST SECTION LINE, 659.98 FEET FROM THE WEST ¼ CORNER OF SAID SECTION 34; THENCE CONTINUING NORTH 00D 04M 12S EAST, ALONG SAID WEST SECTION LINE, 312.50 FEET TO THE SOUTHWEST CORNER OF ASSESSOR’S PLAT OF JULIE ANN ESTATES, AS RECORDED IN LIBER L OF PLATS ON PAGES 26 AND 27, MIDLAND COUNTY, MICHIGAN PUBLIC RECORDS; THENCE SOUTH 89D 27M 52S EAST, ALONG THE SOUTH LINE OF JULIE ANN DRIVE, SAID ASSESSOR’S PLAT OF JULIE ANN ESTATES, 186.26 FEET; THENCE SOUTH 00D 04M 12S WEST, 312.50 FEET; THENCE NORTH 89D 27M 52S WEST, 186.26 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. 536

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at 6715 and 6719 Herbert Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2007, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 15, 2006 and to publish said notice on December 16, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 RA-3 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

COMMENCING 225 FEET EAST OF THE SOUTHWEST CORNER OF THE N ½ OF THE SW ¼ OF THE NW ¼ OF SECTION 1; THENCE NORTH 132 FEET; EAST 120 FEET; SOUTH 132 FEET; WEST 120 FEET TO THE PLACE OF BEGINNING, ALL PART OF SECTION 1, T14N R1E, TOWNSHIP HOMER, MIDLAND COUNTY, MICHIGAN.

COMMENCING 165 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH ½ OF THE SW ¼ OF THE NW ¼ OF SECTION 1, T14N R1E; THENCE NORTH 132 FEET; THENCE EAST 60 FEET; THENCE SOUTH 132 FEET; THENCE WEST 60 FEET TO THE PLACE OF BEGINNING.

be, and the same is hereby changed to Residential A-3.

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. 537

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at 6500 and 6501 Airport Road for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2007, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 15, 2006 and to publish said notice on December 16, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 LIMITED COMMERCIAL MANUFACTURING RESEARCH ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

COMMENCING ON THE EAST AND WEST QUARTER (1/4) LINE OF SECTION 36, TOWNSHIP FIFTEEN NORTH (T15N), RANGE ONE EACH (R1E), LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, 659.85 FEET EAST OF THE WEST QUARTER (1/4) CORNER OF SAID SECTION 36 FOR THE PLACE OF BEGINNING; RUNNING THENCE SOUTH 330.07 FEET; RUNNING THENCE WEST 659.85 FEET TO THE WEST LINE OF SAID SECTION 36; RUNNING THENCE SOUTH ALONG SAID WEST LINE 125.2 FEET; RUNING THENCE EAST 208 FEET; RUNNING THENCE SOUTH 104 FEET; RUNNING THENCE WEST 208 FEET TO THE WEST LINE OF SAID SECTION 36; RUNNING THENCE SOUTH ALONG SAID WEST LINE 50 FEET; RUNNING THENCE EAST 329.93 FEET; RUNING THENCE SOUTH 396.09 FEET; RUNNING THENCE WEST 329.93 FEET; RUNNING THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 36 TO THE SOUTH ONE-EIGHTH (1/8) LINE OF SAID SECTION 36; RUNNING THENCE EAST ALONG THE SOUTH ONE-EIGHTH (1/8) LINE OF SAID SECTION 36 TO THE WEST ONE-EIGHTH (1/8) LINE OF SAID SECTION 36; RUNNING THENCE NORTH ALONG SAID WEST ONE-EIGHTH (1/8) LINE TO THE EAST AND WEST QUARTER (1/4) LINE OF SAID SECTION 36; RUNNING THENCE WEST ON THE EAST AND WEST QUARTER (1/4) LINE TO THE PLACE OF BEGINNING.

ALSO COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 36, AND THE SOUTH LINE OF SAID SECTION 36, THENCE NORTH ON SAID EAST LINE, A DISTANCE OF 20 RODS TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE STATE DRAIN TO THE INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 36, AND THE WEST LINE OF SAID SECTION 36; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 36 TO THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ¼) OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 36; THENCE SOUTH ALONG SAID EAST LINE 60 RODS TO THE POINT OF BEGINNING.  EXCEPTING THEREFROM THAT PARCEL SOLD TO THE STATE OF MICHIGAN FOR HIGHWAY PURPOSES AS SET OUT IN LIBER 238 AT PAGE 459.

be, and the same is hereby changed to Limited Commercial Manufacturing Research.

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. 538

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at the Airport Road extension for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2007, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 15, 2006 and to publish said notice on December 16, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 LIMITED COMMERCIAL MANUFACTURING RESEARCH ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PARCEL A

PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 36, T15N-R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS: BEGINNING AT A POINT WHICH IS N 00 DEG 22 MIN 41 SEC E, 631.25 FT. ALONG THE NORTH AND SOUTH 1/4 LINE, AND N 89 DEG 37 MIN 19 SEC W, 60.00 FT. FROM THE SOUTH 1/4 CORNER OF SAID SECTION 36; THENCE ALONG A 980.00 FT. RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 01 DEG 21 MIN 19 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 60 DEG 12 MIN 14 SEC W, 23.18 FT.; THENCE N 59 DEG 31 MIN 34 SEC W, 674.58 FT.; THENCE ALONG A 880.00 FT. RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 29 DEG 51 MIN 16 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 74 DEG 27 MIN 12 SEC W, 453.36 FT.; THENCE N 89 DEG 22 MIN 50 SEC W, 221.69 FT.; THENCE N 00 DEG 29 MIN 56 SEC E, 100.00 FT. ALONG THE WEST 1/8 LINE; THENCE S 89 DEG 22 MIN 50 SEC E, 221.90 FT.; THENCE ALONG A 980.00 FT. RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 29 DEG 51 MIN 16 SEC AND A LONG CHORD BEARING AND DISTANCE OF S 74 DEG 27 MIN 12 SEC E, 504.88 FT.; THENCE S 59 DEG 31 MIN 34 SEC E, 639.96 FT.; THENCE S 00 DEG 22 MIN 41 SEC W, 115.26 FT. ALONG THE WEST RIGHT OF WAY LINE OF HICKS ROAD TO THE POINT OF BEGINNING. CONTAINING 3.16 ACRES.

PARCEL B

PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 36, T15N-R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS: BEGINNING AT A POINT WHICH IS N 00 DEG 22 MIN 41 SEC E, 631.25 FT. ALONG THE NORTH AND SOUTH 1/4 LINE, AND N 89 DEG 37 MIN 19 SEC W, 60.00 FT., AND ALONG A 980.00 FT. RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 01 DEG 21 MIN 19 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 60 DEG 12 MIN 14 SEC W, 23.18 FT., AND N 59 DEG 31 MIN 34 SEC W, 674.58 FT., AND ALONG A 880.00 FT. RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 29 DEG 51 MIN 16 SEC AND A LONG CHORD BEARING AND DISTANCE OF N 74 DEG 27 MIN 12 SEC W, 453.36 FT., AND N 89 DEG 22 MIN 50 SEC W, 221.69 FT. FROM THE SOUTH 1/4 CORNER OF SAID SECTION 36; THENCE N 89 DEG 22 MIN 50 SEC W, 970.58 FT. TO THE CENTERLINE OF THE INMAN DRAIN; THENCE N 52 DEG 27 MIN 31 SEC W, 166.46 FT. ALONG THE CENTERLINE OF THE INMAN DRAIN; THENCE S 89 DEG 22 MIN 50 SEC E, 1103.45 FT.; THENCE S 00 DEG 29 MIN 56 SEC W, 100.00 FT. ALONG THE WEST 1/8 LINE TO THE POINT OF BEGINNING. CONTAINING 2.38 ACRES.

             be, and the same is hereby changed to Limited Commercial Manufacturing Research.

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. 539

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at 730 Oakbrook Drive for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2007, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 15, 2006 and to publish said notice on December 16, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

SEC 34 T15N R2E COM AT SE COR OF LOT 11 OAKBROOK ESTATES, TH E 213.14 FT, N 9D 14M E 232.2 FT, N 50D 9M W ALG CUL-D-SAC 43.16 FT, N 85D 42M W 218.02 FT,

      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. 540

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, November 14, 2006 for property located at 221 West Wackerly Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, January 8, 2007, 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. 1585, 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 three hundred (300) feet of the area proposed to be rezoned by transmitting notice on December 15, 2006 and to publish said notice on December 16, 2006.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, 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 COMMUNITY COMMERCIAL ZONING WHERE AN OFFICE SERVICE ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1.  That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 4, T14N R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN DESCRIBED AS COMMENCING NORTH 89 DEGREES 46 MINUTES 07 SECONDS WEST 853.69 FEET ALONG THE NORTH SECTION LINE, AND SOUTH 00 DEGREES 35 MINUTES 07 SECONDS EAST 40.00 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS EAST 168.72 FROM THE NORTHEAST SECTION CORNER TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 204.71 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 168.51 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES 07 SECONDS EAST 10.45 FEET; THENCE SOUTH 50 DEGREES 54 MINUTES 03 SECONDS EAST 269.39 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 07 SECONDS WEST 196.78 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS EAST 165.00 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 07 SECONDS WEST 224.10 FEET; THENCE NORTH 89 DEGREES 46 MINUTES 07 SECONDS WEST 201.62 FEET PARALLEL TO AND 40 FEET SOUTH OF THE NORTH SECTION LINE TO THE POINT OF BEGINNING. 

     be, and the same is hereby changed to Community Commercial. 

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.)

 

90-DAY REVIEW OF CITY MANAGER

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

 

WHEREAS, Jon Lynch was hired as Midland’s City Manager on August 15, 2006; and

WHEREAS, the City Council agreed to review Jon’s performance after 90 days; now therefore

RESOLVED, that the City Council’s 90-day review of Jon Lynch is hereby received and ordered filed in the office of the City Clerk.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 10:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk