March 9, 2009

 

A regular meeting of the City Council was held on Monday, March 9, 2009, 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, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 23, 2009 special and regular and March 4, 2009 special meetings was offered by Councilman McKeag and seconded by Councilman Donker.  (Motion ADOPTED.)

 

REVISIONS TO ZONING ORDINANCE

Planning and Community Development Director Keith Baker presented revisions to the City of Midland Zoning Ordinance No. 1585.  A public hearing opened at 8:40 p.m., recognizing no public comments, the hearing closed at 8:40 p.m.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. 1670

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.

The City of Midland Ordains:

Section 1.  That sections 2, 3, 3.01J, 3.10, 3.16, 5, 8, 8.05, 21, 21.1, 27, 27.02(c), 27.04, 31 and Tables 3.2, 21.1 of the Zoning Ordinance being Ordinance No. 1585 of the City of Midland are hereby amended to read as follows.

                                                (see packet for full text)

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only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 ADOPTED.)

 

2009 SANDOW AREA SANITARY SEWER IMPROVEMENT HEARING OF NECESSITY

City Engineer Brian McManus presented the 2009 Sandow Area Sanitary Sewer Improvement project.  A public hearing opened at 7:40 p.m. Speaking in favor of the project were:  David Moeggenberg, 1302 Glen Road; Kenneth Compton, 4916 Solomon Road; Keith Walser, 1412 Glen Road.  Speaking in opposition to the project was:  Janice Bradley, representing her mother-in-law who resides at 1122 Sandow Road.  The public hearing closed at 7:58 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the City Council has given due notice of its intention to install sanitary sewers in certain streets, said improvement being more particularly described in a resolution dated February 16, 2009, said streets being:

     SANDOW ROAD                     from Isabella Road to 205 feet north of Solomon Road

     PRAIRIE CREEK DRIVE        from Sandow Road to Sandow Road

     ELMER ROAD                         from Sandow Road to Glen Road

     GLEN ROAD                            from Elmer Road to Solomon Road

     SOLOMON ROAD                  from Sandow Road to Glen Road

and has heretofore established one special assessment district designated:

 “2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, March 9, 2009, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the installation of sanitary sewers on Sandow Road, Prairie Creek Drive, Elmer Road, Glen Road and Solomon Road are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to make said improvement in accordance with the report of the City Manager, and the assessment district heretofore adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of eight hundred sixty-eight thousand dollars ($868,000.00) and the proportion of the cost and expense to be borne and paid by the City at large shall be four hundred fifty-three thousand two hundred seventy-nine and 10/100 dollars ($453,279.10) and that all other costs and expenses of said improvement amounting to four hundred fourteen thousand seven hundred twenty and 90/100 dollars ($414,720.90) shall be borne and paid by special assessment on all lands and premises in said 2009 Sandow Area Sanitary Sewer Improvement Special Assessment District heretofore established and approved; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

 “2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

as heretofore established by the Council, and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis.  (Motion ADOPTED.)

 

2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT ROLL

City Assessor Reid Duford presented the Special Assessment Roll for the 2009 Sandow Area Sanitary Sewer Improvement Special Assessment District and information scheduling a public hearing on the Roll for March 23, 2009.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Donker:

 

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the “2009 SANDOW AREA SANITARY SEWER IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” as heretofore established for the proposed Sanitary Sewer Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twenty-third day of March, 2009, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twenty-third day of March, 2009, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses 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 the Public Acts of Michigan of 1962.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

There were no public comments made.

 

ORDINANCE AMENDMENTS – CIVIC ARENA AND GOLF COURSE FEES

Assistant City Manager Jack Duso presented information on ordinance amendments to Section 21-70 of Division 1 of Article II of Chapter 21 – Civic Arena fees and Section 21-71 of Division 2 of Article II of Chapter 21 – Golf Course fees.  The following two ordinance amendments were then presented for consideration.

 

CIVIC ARENA FEES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Adams:

 

 

ORDINANCE NO. _____

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-70 OF DIVISION 1 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

(1)

Individual Ice Skater – Adult

$      4.00

per session

(2)

Individual Ice Skater – Youth & Senior

$      3.00

per session

(3)

Skating Pass (25 admissions) – Adult

$    85.00

per pass

(4)

Skating Pass (25 admissions) – Youth & Senior

$    65.00

per pass

(5)

Skate Rental

$       2.00

per session

(6)

Rink Rental

$   185.00

per hour

(7)

Rink Rental (M-F, 6:00 a.m. – 2:00 p.m.)

$   135.00

per hour

(8)

Summer Rink Rental

$   185.00

per hour

EXCEPTION:  THE CIVIC ARENA MANAGER IS AUTHORIZED WITH THE APPROVAL OF THE CITY MANAGER TO REDUCE ICE RENTAL RATES ON A DISCRETIONARY BASIS FOR THE PURPOSE OF MARKETING ADDITIONAL ICE RENTAL.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

GOLF COURSE FEES ORDINANCE AMENDMENT (1st reading)

Introduction and first reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Donker:

 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 21-71, OF DIVISION 2 OF ARTICLE II OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Section 21-71 of Division 2 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-71.  Golf Course Fees

The fees for golfing privileges at the Currie Municipal Golf Course are as follows:

Currie East Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday

 

$13.50 per play

     Regular weekend

 

$15.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$  9.00 per play

18-hole rate

 

 

     Regular weekday

 

$21.00 per play

     Regular weekend

 

$23.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$15.00 per play

Winter rate

 

 

(November 1 – March 1)

 

$  5.00 per play

Currie West Municipal Golf Course Daily Fees

9-hole rate

 

 

     Regular weekday

 

$15.00 per play

     Regular weekend

 

$17.50 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$10.00 per play

18-hole rate

 

 

     Regular weekday

 

$25.00 per play

     Regular weekend

 

$30.00 per play

     Weekend after 2:00 p.m.

 

$24.00 per play

     Senior & Youth weekday (7:00 a.m. – 3:00 p.m.)

 

$17.00 per play

Winter rate

 

 

(November 1 – March 1)

 

$  5.00 per play

Currie East and Currie West Municipal Golf Courses Season Pass Fees

Dual Unlimited play (East and West Courses)

 

 

     Single season pass

 

$  780.00 per pass

     Couple season pass

 

$1270.00 per pass

Unlimited play - East Course Only

 

 

     Single season pass

 

$  700.00 per pass

     Couple season pass

 

$1140.00 per pass

Dual Senior & Youth restricted play - (East and West Courses Monday through Friday before 3:00 p.m. and after 1:00 p.m. on weekends)

 

 

     Single season pass

 

$560.00 per pass

     Couple season pass

 

$900.00 per pass

Senior & Youth restricted play – (East Course Only Monday through Friday before 3:00 p.m. and weekends after 1:00 p.m.)

 

 

     Single season pass

 

$500.00 per pass

     Couple season pass

 

$800.00 per pass

Dual Family Pass (East and West Courses for Unlimited Family Members under 19 Years)

 

$1450.00 per pass

Family pass (East Course only for Unlimited Family Members under 19 Years)

 

$1300.00 per pass

Power Cart Fees

     9 Holes per person

 

Not to exceed $  9.00

     18 Holes per person

 

Not to exceed $15.00

Cart Lease

 

 

     Single

 

$450.00 per season

     Couple

 

$675.00 per season


 

Trail Fee (Private carts used only by owner or member of immediate family.)  All other riders must pay a cart rental fee.

 

 

     Season pass

 

$450.00 per pass

     Daily pass

 

$  10.00 per pass

Par Three Course Daily Fees

Par 3 – Regular

 

$6.50 per play

Par 3 – Senior and Youth

 

$4.50 per play

Driving Range Fees

Driving Range

 

 

     Small Basket

 

$5.00

     Large Basket

 

$7.00

Driving Range Season Pass Fees

     Single

 

$200.00  $250.00

     Course Season Pass Holder (Single)

 

$  50.00  $125.00

     Course Season Pass Holders (Couple)

 

$  75.00  $200.00

Junior Golf Program

     Program Fee

 

$50.00 or Youth Restricted Play Pass

Senior is defined as 60 years of age and older.

Youth is defined as under 19 years of age.

Couple is defined as husband and wife.

Family is defined as husband and wife and their children.

Exception:  The Golf Course Manager is authorized with the approval of the City Manager to reduce daily fees on a discretionary basis for the purpose of marketing additional play.

Section 2.        This Ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

WATER MAIN EASEMENT AGREEMENT – SPRINGHILL SUITES ON T. MOORE DRIVE

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

 

RESOLVED, that the attached Easement Agreement from Alpine Midland, LLC, to the City of Midland, for public water mains on their private SpringHill Suites site on T. Moore Drive in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

WATER MAIN EASEMENT AGREEMENT – HOLIDAY INN SITE ON CINEMA DRIVE

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

 

RESOLVED, that the attached Easement Agreement from Hotel Holdings Cinema, LLC, to the City of Midland, for public water mains on their private Holiday Inn site on Cinema Drive in Section 33, T. 15 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

SHOPPING AREA REDEVELOPMENT DISTRICT

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

 

RESOLVED, that the City Manager is directed to prepare a preliminary report (including dollar estimates, life of improvements, description of district, plans, specifications and diagrams) on the request for the establishment of the 2009/10 – 2010/11 Special Assessment District for the Shopping Area Redevelopment District. (Motion ADOPTED.)

 

2009 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented a resolution directing the City Manager to prepare a report on the 2009 Sidewalk Improvement Program.  Lois DeBrosse and Chris Peeler, Midland Regional Interagency Consumer Committee, spoke in favor of the requested sidewalk on Joe Mann Boulevard.  Judy Richardson, 5107 Grandview Circle, spoke in favor of the Jefferson Avenue sidewalks and Kelly Cone, 5406 Vandemere Street, spoke in favor of the sidewalks on Dublin Avenue.  The following resolution was then offered by Councilman Adams and seconded by Councilman Donker:

 

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

   James Savage Road (south side)  from Saginaw Road to Quebecor World

   Jefferson Avenue (west side)        from US-10 to Chemical Bank sidewalk        

   Joe Mann Boulevard (north side)  from Eastman Avenue to existing walk at Wal-Mart

; now therefore

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

 

ANNEXATION OF PROPERTY AT 7412 N. PERRINE ROAD FROM LARKIN TWP

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

 

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

IN SECTION 31, T15N R2E, COMMENCING AT THE NW CORNER OF THE SW ¼ OF THE NE ¼ SECTION 31; THENCE EAST 118 FEET; THENCE SOUTH 208 FEET; THENCE WEST 118 FEET; THENCE NORTH 208 FEET TO THE PLACE OF BEGINNING.

pursuant to Section 9(8) of Public Act 279 of the State of Michigan of 1909, as amended {MSA 5.2088;  MCLA 117.9} as a result of a similar petition filed both with the City of Midland and the Township of Larkin by the property owner which hold 100 percent of the record legal title to said property, and upon which no qualified electors, other than the petitioners, presently reside, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin; and

RESOLVED FURTHER, that the Planning Department shall forward a copy of this resolution to the Office of the Great Seal in the Secretary of State’s Office, and the City Clerk shall forward a copy to the Midland County Clerk.  (Motion ADOPTED.)

 

PARKS RULES AND REGULATIONS REVISION

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

 

RESOLVED, that the attached Parks Rules and Regulations adopted June 2, 1975, pursuant to Section 17-9 of the Code of Ordinances with a revision date of March 9, 2009 are hereby approved.  (Motion ADOPTED.)

 

MDOT COST AGREEMENTS FOR TRAFFIC SIGNAL CONTROL

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

 

WHEREAS, the Michigan Department of Transportation (MDOT) proposes maintenance agreements with the City of Midland for five (5) new or upgraded State trunk line signalized locations in the City of Midland; and

WHEREAS, the said maintenance agreements require a City cost share; and

WHEREAS, the estimated total combined annual city cost to maintain these signalized intersections does not exceed $1,500; and

WHEREAS, the City will be billed by the State only for actual work performed; and

WHEREAS, the City Attorney has reviewed the maintenance agreements; and

WHEREAS, any necessary maintenance charges from MDOT will be provided by the Major Street Maintenance Fund; now therefore

RESOLVED, that MDOT Cost Agreements for Traffic Signal Control are hereby accepted, and the Mayor and City Clerk are authorized to sign the agreements on behalf of the City of Midland.  (Motion ADOPTED.)

 

WASTEWATER – CONCRETE & MASONRY REPAIRS - MAIN PUMP HOUSE: PHASE I

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

 

WHEREAS, the Wastewater Treatment Plant’s main pump house was put into service in 1972, and made primarily of brick and reinforced concrete; and

WHEREAS, many years of exposure to freeze and thaw cycles has resulted in concrete spalling (large chunks breaking loose) over many parts of the building, exposing corroded reinforcing steel, while areas in the front of the building need to be reshaped to direct surface water to the catch basin; and

WHEREAS, engineering consultants, Stantec Consulting of Michigan, prepared Phase I bid documents to contract repairs of deteriorated concrete and drainage improvements around the pump house structure; and

WHEREAS, on February 26, 2009 bids were opened for Wastewater Treatment Plant Concrete and Masonry Repairs Main Pump House, Bid No. 3163; and

WHEREAS, the low bid received from Helger Construction Co. in the amount of $50,800.00 was reviewed by staff and Stantec Consulting and meets the City’s specifications; and

WHEREAS, funding for this work is budgeted in the 2008/09 Wastewater fund account #590-9120-912.97-65 – Capital Construction Projects; now therefore

RESOLVED, that the low bid received from Helger Construction Co. in the amount of $50,800.00 for repairs of deteriorated concrete and drainage improvements around the Wastewater Treatment Plant’s pump house structure is hereby accepted and a purchase order in that amount is authorized; and

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

 

WASTEWATER – CONCRETE & MASONRY REPAIRS ENGINEERING: PHASE II

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

 

WHEREAS, in September 2008, Stantec Consulting of Michigan completed a report entitled “Wastewater Treatment Plant – Concrete Repairs” for the City of Midland to identify and review the concrete and masonry deterioration at various structures throughout the WWTP; and

WHEREAS, the cost of $20,000.00 for the Phase I engineering consulting services was administratively approved, and includes oversight of the Wastewater Treatment Plant main pump house repairs, for which the City is seeking bid approval under a separate Council item; and

WHEREAS, based on the findings in the report, staff prioritized the repairs in conjunction with the estimates for construction cost and now desires that Stantec engineering consulting services be expanded to provide Phase II detailed design and preparation of bid documents (including drawings, specifications and front end documents) to repair the deterioration of various treatment system structures; and

WHEREAS, staff requests that an increase be made of $44,000.00 to the existing purchase order to Stantec Consulting of Michigan to provide Phase II engineering services for repairs to be made to wastewater treatment system structures; and

WHEREAS, funds are available in the 2008/09 Wastewater fund budget account 590-9120-912.97-65 – Capital Projects for this purpose; now therefore

RESOLVED, that an increase of $44,000.00 to the existing purchase order amount of $20,000.00 to Stantec Consulting of Michigan is hereby authorized, bringing the total purchase order to $64,000.00, to provide Phase II detailed design and preparation of bid documents for the repair of deterioration to various wastewater treatment system structures, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland.  (Motion ADOPTED.)

 

ZONING PETITION NO. 557

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 10, 2009 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, April 13, 2009, 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 March 27, 2009 and to publish said notice on March 28, 2009.

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 AND RESEARCH ZONING WHERE A LINCOLN 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 EAST (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 and 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. 559

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 10, 2009 for property located at 8506 Sturgeon 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, April 13, 2009, 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 March 27, 2009 and to publish said notice on March 28, 2009.

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 LARKIN 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 42.06 RODS NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 29, T15N, R2E, THENCE NORTH 5.94 RODS; THENCE NORTH 89 D 52 M EAST 18 RODS; THENCE SOUTH 5.94 RODS; THENCE SOUTH 89 D 52 M WEST 18 RODS TO THE PLACE OF BEGINNING. 

Be, and the same is hereby changed to Residential A1.

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. 560

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, February 10, 2009 for property located at 4674 East Wheeler 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, April 13, 2009, 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 March 27, 2009 and to publish said notice on March 28, 2009.

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 AN AGRICULTURAL ZONING WHERE A MIDLAND 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 66 FEET WEST OF THE NORTHEAST CORNER OF THE WEST ½ OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 12, TOWNSHIP 14 NORTH, RANGE 2 EAST, THENCE WEST 346 FEET; THENCE SOUTH 217 FEET; THENCE EAST 346 FEET; THENCE NORTH 217 FEET TO THE PLACE OF BEGINNING, EXCEPTING COMMENCING 251.73 FEET EAST OF THE WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, TOWNSHIP 14 NORTH, RANGE 2 EAST, THENCE SOUTH 217 FEET; THENCE EAST 125 FEET; THENCE NORTH 217 FEET; THENCE WEST 125 FEET TO THE PLACE OF BEGINNING.

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 TEXT AMENDMENT NO. 148A

The following ordinance was offered by Councilman McKeag and seconded by Councilman Donker:

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, April 13, 2009, 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 publish said notice on March 28, 2009.

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 ORDINANCE BY INCREASING THE ADDITIONAL PERMITTED USES BY RIGHT TO ARTICLE 22 – LIMITED COMMERCIAL, MANUFACTURING AND RESEARCH (LCMR) ZONING DISTRICT.

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:

Medical and dental offices/ clinics.

Health spas, physical fitness clubs

Child care/day care centers

Banks, savings and loans, investment companies, credit unions, brokerage companies

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

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

 

Being no further business the meeting adjourned at 9:45 p.m.

 

 

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            Selina Tisdale, City Clerk