May 10, 2010

 

A regular meeting of the City Council was held on Monday, May 10, 2010, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Scott Gaynor, Bruce Johnson, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the April 26, 2010 special and regular meetings was offered by Councilman Adams and seconded by Councilman Gaynor.  (Motion ADOPTED.)

 

2010 MAKE MIDLAND BEAUTIFUL ART CELEBRATION

Recreation Director Marcie Post and Vice Chair of the Beautification Advisory Committee Carl Coons joined City Council in recognizing 22 elementary and middle school children for outstanding work in creating posters for the 2010 Make Midland Beautiful Art Celebration.

 

MIDLAND BLOOMS DAY

Communications Coordinator Libby Richart introduced Midland Area Community Foundation Executive Director Jan McGuire and Chair of the 2010 Midland Blooms Day project.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 22, 2010 as Midland Blooms Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Jan McGuire with the proclamation.

 

25TH ANNIVERSARY OF WASHINGTON WOODS EAST

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

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation recognizing the 25th anniversary of the east wing of Washington Woods Senior Living Community.  (Motion ADOPTED.)  Mayor Donker presented Washington Woods Director Candy Balis with the proclamation. 

 

2010 SIDEWALK IMPROVEMENT PROGRAM

City Engineer Brian McManus presented the 2010 Sidewalk Improvement Program and a resolution directing the City Assessor to prepare an assessment roll.  The public hearing of necessity was opened at 7:27 p.m.  Speaking in opposition to the Dublin Avenue sidewalk request were:  Charles McDonald, 4000 Dublin Avenue; Vicky Brubaker, 3706 Dublin Avenue and Carl Stephen, Chief Financial Operator for Northwood University.  The hearing closed at 7:37 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalk in a certain street, said streets being:

        Dublin Avenue (east side)                from Plumtree Lane to Rail-Trail

and has heretofore established one special assessment district which is to be known as the “2010 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice that it would meet on the 10th day of May, 2010, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; 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 sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 12, 2010, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the “2010 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of sixty-six thousand dollars ($66,000); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be twenty-four thousand two hundred ten dollars ($24,210) and that all other costs and expenses of said improvement amounting to forty-one thousand seven hundred ninety dollars ($41,790) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed street are necessary public improvements, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; now therefore

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 2010, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 2010, and that said agreement is received by City Council for approval at their June 14, 2010, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; 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 said “2010 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining 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 DENIED.  Yeas:  Gaynor   Nays:  Adams, Donker, Johnson, Wazbinski)

 

2010-11 PROPOSED BUDGET PUBLIC HEARING

Fiscal Services Director David Keenan presented the City Manager’s Proposed 2010-11 Budget.  A public hearing opened at 8:05 p.m., recognizing no public comments, the hearing closed at 8:05 p.m.

 

2010-11 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET

Planning and Community Development Director Keith Baker presented the Community Development Block Grant (CDBG) 2010-11 budget.  Mayor Donker disclosed that she is employed by the Reece Endeavor, which is one of the proposed recipients of CDBG funding.  Councilman Adams also disclosed his wife is an employee of Safe and Sound Child Protection, also a proposed recipient of CDBG funding.  A public hearing opened at 8:26 p.m., recognizing no public comments, the hearing closed at 8:26 p.m.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

WHEREAS, the City of Midland will receive $263,427 in Community Development Block Grant (CDBG) funds for fiscal year 2010-11; and

WHEREAS, it is anticipated that the city will receive $44,000 in 2010-11 program income, and an anticipated fund balance of $170,994 will be carried over from prior fiscal years; and

WHEREAS, on March 1, 2010, the City of Midland Housing Commission unanimously recommended approval of this budget; and

WHEREAS, a public hearing was held by the City Council on May 10, 2010, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the 2010-2011 Community Development Block Grant Budget as set forth in the attached table; now therefore

RESOLVED, that the City Council hereby adopts the proposed 2010-2011 Community Development Block Grant budget, as set forth in the attached table (Attachment A), for the proposed use of funds for the Community Development Block Grant Program.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

WEED ENFORCEMENT PROCESS

Department of Public Services Director Karen Murphy presented information on ordinance amendments to Municipal Civil Infractions and Weed Enforcement.  The following two ordinance amendments were then presented for consideration.

 

MUNICIPAL CIVIL INFRACTIONS ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman Adams and seconded by Councilman Gaynor:

 

Ordinance No. 1696

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 34-5 of Chapter 34 thereof.

The City of Midland Ordains:

Section 1.  Sec. 34-5 is hereby amended as follows:

Sec. 34-5.  Municipal Civil Infractions.

A violation of any of the following provisions of the City of Midland Code of Ordinances shall be a municipal civil infraction:

(1)          Chapter 8, Uniform Fire Code.

(2)          The city zoning ordinance.

(3)          Chapter 29, Stormwater Runoff Regulation and Control.

(4)          Section 22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.

(5)          Article VI of Chapter 15, Telecommunications.

(6)          Article IV, Chapter 22, Addresses.

(7)          Article V, Chapter 5, Soil Erosion and Sedimentation Control.

(8)          Rules and Regulations of the Jack Barstow Municipal Airport.

(9)          Cemetery Rules.

(10)        Article I of Chapter 26, Weeds.

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

 

WEED CONTROL ORDINANCE AMENDMENT

The following ordinance amendment was offered by Councilman Gaynor and seconded by Councilman Wazbinski:

 

Ordinance No. 1697

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Sections 26-3 thru 26-7, Article I of Chapter 26 and by adding a new section which shall be designated as Section 26-8, Article I, Chapter 26 thereof.

The City of Midland Ordains:

Section 1.  Sections 26-3 thru 26-7 are hereby amended to read as follows:

Sec. 26-3.  Other weeds, grass and brush.

(a)          Height limit.  It shall be unlawful for the owner or occupant or any person or persons, agent, firm or corporation having control or management of any lot, place, area or parcel of land within the city to permit or allow the presence thereon of weeds, grass or brush exceeding a height of ten (10) inches above ground level when such growth is within one hundred (100) feet of a lot line of occupied residential or commercial property and the same are hereby declared to be a public nuisance.  It shall be the duty of every owner or occupant, or every person or persons, agent, firm or corporation in charge of such property upon which any said above-mentioned weeds, grass or brush is permitted to remain to cause the same to be cut down, destroyed and/or removed.

(b)          Exceptions.  Notwithstanding the foregoing, the following lands shall be exempt from the provisions of this section, provided that the owner of the land petitions for exemption from the provisions of this section in writing to the department of parks and recreation of the City of Midland:

(1)  Undeveloped wooded areas where tree growth is in excess of ten (10) feet in height.

(2)  Undeveloped parcels of four and one-half (4 ½) acres or more in non-subdivision areas.

(3)  Lands where less than fifty (50) per cent of the lots are occupied.

(4)  Lands where occupied lots have been developed without removing the original natural cover.

(5)  Defined natural preserves.

(c)          Appeals.  In the event the department of parks and recreation shall deny a petition for exemption from the provisions of this section, the petitioner may appeal the decision in writing to the building board of appeals established under Chapter 5 of the Code of Ordinances of the City of Midland, and the board shall, after hearing the evidence on any such appeal, either affirm, modify or reverse the decision of the department of parks and recreation and its decision shall have the same effect as if it were the decision of the department of parks and recreation.

Sec. 26-4.  Abatement of nuisance by city.

In addition to the penalties set out in this article that in the event the owner or occupant, or any person or person, agent, firm or corporation having control or management of any lot, place or parcel of land within the city fails, refuses or neglects to comply with the provisions of this article, the city and its authorized representatives are hereby empowered, upon the giving of notice, to enter upon such land for the purpose of accomplishing abatement of the violation by spraying, cutting and/or other methods deemed acceptable by the department of parks and recreation of the city.  The fee shall be a minimum of $200.00 per abatement.  If the cost of an abatement fee shall exceed the $200.00 minimum, the actual cost of the abatement shall be applied.  All expenses incurred by the city in the performance of this work shall be reimbursed by the owner or occupant, or person or persons, agent, firm or corporation having control or management of such land or lots, and in cases where not paid, the city shall have a lien for the same in the manner hereinafter provided or pursue other collection remedies.


Sec. 26-5.  General notice by publication.

It is hereby made the duty of the department of parks and recreation of the city to give general notice to every owner or occupant, or any person or persons, agent, firm or corporation having control or management of any land wherein noxious, poisonous or injurious weeds or any weeds, grass or brush exceeding a height of ten (10) inches are growing, standing or present, to cut down, destroy and/or remove the same.  Such general notice shall be made by publication in a newspaper of general circulation in the city at least twice in each calendar year, once during the first half of the month of May and again during the last half of the month of June of each calendar year, and shall read substantially as follows:

City of Midland Notice of the Weed Ordinance Provisions

TO:  All owners or occupants, or persons, agents, firms or corporations having control or management of any lot, place or parcel of land within the City of Midland.

Notice is hereby given that in accordance with Article I of Chapter 26 of the Code of Ordinances of the City of Midland, all noxious, poisonous or injurious weeds, or other weeds, grass or brush exceeding a height of ten (10) inches upon any property in the City of Midland shall be cut down, destroyed and/or removed.

In the event the owner or occupant, or any person or persons, agent, firm or corporation having control or management of any lot, place or parcel of land within the City of Midland shall fail, refuse or neglect to comply with the above-mentioned ordinance, a municipal civil infraction may be issued.  Further, the City of Midland or its authorized representatives shall cause said noxious, poisonous or injurious weeds, grass or brush exceeding a height of ten (10) inches to be cut down, destroyed and/or removed.  The expenses incurred by the City in the cutting, destruction or removal of the same will be levied and collected against such property in the manner provided by law and this article. 

Certain exemptions from the requirements of the ordinance relating to area, distances, size of growth or lack of development are specifically set forth in the ordinance and may be applicable; but any owner or occupant or person or persons, agent, firm or corporation having control or management of property in the City of Midland who seeks such an exemption must petition the Department of Parks and Recreation of the City of Midland for this purpose in writing.

_____ Department of Parks and Recreation City of Midland

Sec. 26-6.  Specific notice by first class mail.

(a)          In addition to the general notice requirements set forth in section 26-5, it is hereby made the duty of the department of parks and recreation to give a specific notice in writing, by first class mail to the owner or occupant, or any person or persons, agent, firm or corporation having control or management of any lot, place or parcel of land within the city wherein noxious, poisonous or injurious weeds or any weeds, grass or brush exceeding a height of ten (10) inches is growing, standing or present, to cut down or remove the same within a period of seven (7) consecutive calendar days, which notice shall read substantially as follows:

Name and Address

Description

Notice of the Weed Ordinance Provisions

According to the assessment records of this City, you appear to be the owner or occupant of the above-described property which is subject to the provisions of the aforementioned ordinance.

Notice is hereby given that in accordance with Article I of Chapter 26 of the Code of Ordinances of the City of Midland all noxious, poisonous or injurious weeds or other weeds, grass or brush exceeding a height of ten (10) inches growing, standing or living upon any property in the City of Midland shall be cut down, destroyed or removed, as the case may be, on or before the ____ day of __________, 20_____.

In the event of failure to comply with this notice on or before the date set forth above, in accordance with the provisions of this ordinance, a municipal civil infraction may be issued.  Further, the City shall cause said noxious, poisonous or injurious weeds or other weeds, grass or brush exceeding a height of ten (10) inches to be cut down, destroyed and/or removed.  The expense incurred by the City in the cutting, destruction or removal of same will be levied and collected against such property in the manner provided by law.

Certain exemptions from the requirements of the ordinance relating to area, distances, size of growth or lack of development are specifically set forth in the ordinance and may be applicable; but any owner or occupant or person or persons, agent, firm or corporation having control or management of property in the City of Midland who seeks such an exemption must petition the Department of Parks and Recreation of the City of Midland for this purpose in writing. 

________, 20_____.

________  Department of Parks and Recreation City of Midland

Sec. 26-7.  Reimbursement to city; assessment of costs.

Whenever the department of parks and recreation or its authorized representatives shall enter upon any parcel of land in order to accomplish abatement of an existing violation pursuant to provisions of this article, the director of the department of parks and recreation is hereby authorized and directed to keep an accurate account of all expenses incurred, and based upon the same to issue a certificate determining and certifying the costs involved for such work with respect to each parcel of property.  Within ten (10) days after receipt of said certificate, the city finance director will forward a statement of total charges assessed on each parcel of property to the owner as shown by the last current assessment or tax roll, and said assessment shall be payable to the city treasurer within thirty (30) days from the date said statement was forwarded.  If not paid within the prescribed thirty-day period, such statement shall be filed by the city finance director with the city assessor and shall thereupon be assessed against the land in question and become a lien on such property in accordance with the City Charter of Midland or the City has the right to initiate other collection efforts as it deems appropriate.

Sec. 26-8. Penalty.

(a) Any owner or occupant, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland who shall violate any of the provisions of this Code hereby adopted or fails to comply therewith, may be responsible for a municipal civil infraction. Upon being found responsible of such violation, such owner or occupant, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland shall be assessed a fine as provided in Chapter 34 of the Code of Ordinances. The imposition of one (1) municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such owner or occupant, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland shall be required to correct or remedy such violations or defects within a reasonable time.

(b) The imposition of the above fine shall not be held to prevent the enforced removal of prohibited conditions.  Further violations subject the owner or occupant, or person or persons, agent, firm or corporation having control or management of any lot, place, or parcel of land within the City of Midland to subsequent civil infraction violations.

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

 

DIAL-A-RIDE COMMISSION - MEMBERSHIP

Department of Public Services Director Karen Murphy presented information on an ordinance amending the Dial-A-Ride Commission membership requirements.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Gaynor:

 

ORDINANCE NO. ___________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 2-272 OF ARTICLE XIV OF CHAPTER 2 THEREOF.

The City of Midland Ordains:

Section 1.        Section 2-272 of Article XIV of Chapter 2 shall be amended as follows:


Sec. 2-272.  Membership.

Membership of the dial-a-ride advisory commission shall consist of four (4) FIVE (5) voting members appointed by the city council.  Each member shall be a resident of the city.  One member shall be a handicapper.  One member shall be a person sixty-five (65) years of age or older.  ONE MEMBER SHALL BE DESIGNATED BY THE MIDLAND COUNTY COUNCIL ON AGING AS ITS REPRESENTATIVE.  There shall be an equal number of handicapper members as there are senior members.  The dial-a-ride transportation manager or his designated representative shall be an ex officio member without the right to vote.

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

 

PARKS AND RECREATION COMMISSION – MEETINGS, CHAIRMAN

Department of Public Services Director Karen Murphy presented information on an ordinance amending the Parks and Recreation Commission meeting requirements.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

ORDINANCE NO. ___________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 17-5 OF ARTICLE I OF CHAPTER 17 THEREOF.

The City of Midland Ordains:

Section 1.        Section 17-5 of Article I of Chapter 17 shall be amended as follows:

Sec. 17-5. Same– Meetings, chairman.

The parks and recreation commission shall meet monthly, with a minimum of SIX (6) ten (10) meetings a year. Members shall elect a chairman at the first meeting after the first day of July each year.

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

 

CABLE ACCESS ADVISORY COMMISSION – MEMBERSHIP & INTERNAL ADMIN

MCTV Director Ron Beacom presented information on an ordinance amending the Cable Access Advisory Commission requirements.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Gaynor:

 

ORDINANCE NO.  _________

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTIONS 15-135 AND 15-137 OF DIVISION 2 OF ARTICLE V OF CHAPTER 15 THEREOF.

The City of Midland Ordains:

Section 1.        Section 15-135 of Division 2 of Article V of Chapter 15 is hereby amended to read as follows:

Sec. 15-135. Same‑Membership.

            Membership of the commission shall consist of seven (7) FIVE (5) voting members appointed by the city council.    Two (2) THREE (3) members shall be current registered MCTV volunteers ACCESS USERS, one (1) member shall be a school representative as designated by the Midland Public Schools, three (3) members AND ONE (1) MEMBER shall be citizens A CITIZEN at large and must be a current cable television subscriber and it is preferred that one (1) member be a media professional. Each member shall be a resident of the city. The person from the administrative staff of the city who has been designated by the city manager as the MCTV coordinator shall be an ex officio member of the commission but without the right to vote.


Sec. 15-137. Same‑Internal administration.

            The commission shall select one of its voting members as chair and shall designate the ex-officio member as secretary. The commission may adopt such rules as it deems necessary for the transaction of its business. Any decision of the commission shall require the concurrence of four (4) THREE (3) members. The commission shall meet as often as necessary with at least one (1) meeting each calendar quarter and all of its meetings shall be open to the public.

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

 

CURBSIDE RECYCLING BID OPTIONS

Department of Public Services Director Karen Murphy presented a staff report on the Curbside Recycling Bid Options.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

RESOLVED, that the City Council hereby receives the staff report, dated May 3, 2010, on the Curbside Recycling Bid options; and

RESOLVED FURTHER, 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, Monday, May 24, 2010 in the Council Chambers of City Hall to receive public input on the recycling bid options.  (Motion ADOPTED.)

 

DONATION FOR REDCOATS COMPLEX DRAINAGE IMPROVEMENTS

Department of Public Services Director Karen Murphy presented information on a donation from the Midland Softball Association for drainage improvements at the Redcoats Complex.  The following resolution was then offered by Councilman Gaynor and seconded by Councilman Adams:

 

WHEREAS, the Midland Softball Association has donated approximately $27,000 in field drainage improvements at the Redcoats Complex; and

WHEREAS, the Parks and Recreation Commission at their meeting of May 4, 2010 unanimously recommended that the City Council accept the generous donation; now therefore

RESOLVED, that the City Council hereby accepts the Midland Softball Association’s gift of improvements at the Redcoat Complex.  (Motion ADOPTED.)

 

PETITION FOR WACKERLY WATER MAIN IMPROVEMENT

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

 

RESOLVED, that the attached petition received from Consolidated Graphics Properties II, Inc. for the installation of a water main on Wackerly Street from the end of the existing water main to 770 feet west, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2010 Construction Program.  (Motion ADOPTED.)

 

2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT

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

 

WHEREAS, the City Manager has presented his report to the City Council presenting certain information regarding the installation of a water main in a certain street in the City of Midland in conformance with provisions of Chapter 20 of the Code of Ordinances of the City of Midland, said street being:

      WACKERLY STREET             from end of existing water main to 770 feet west; and

WHEREAS, the City Council has reviewed said report in order to decide the cost, extent and necessity of the proposed improvement; now therefore

RESOLVED, that the City Council finds and determines that the construction of said water main, as before listed, appears to be a necessary public improvement 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 twenty (20) years; and

RESOLVED FURTHER, that said public improvement shall constitute one special assessment district to be known as:

     “2010 WACKERLY WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”

which is hereby established and that said district comprises the following described lands and premises:

     WACKERLY STREET              from end of existing water main to 770 feet west

Commencing at the South ¼ Corner of Section 35, T. 15 N., R. 1 E., Lincoln Township, Midland County, Michigan; thence East 555 feet, along the South Section Line, to the Point of Beginning; thence East 449.95 feet, along the South Section Line; thence North 325 feet; thence West 449.95 feet; thence South 325 feet, to the Point of Beginning; and

RESOLVED FURTHER, that the proposed improvement and work to be done thereunder in said District shall consist of installing a water main, and that the total estimated cost and expense thereof is seventy thousand dollars ($70,000.00); 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 fifty-four thousand nine hundred twenty-two and 58/100 dollars ($54,922.58) and that all other costs and expenses of said improvement amounting to fifteen thousand seventy-seven and 42/100 dollars ($15,077.42) 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 24, 2010 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, 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.)

 

2009 ANNUAL DRINKING WATER QUALITY REPORT

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

 

RESOLVED, that the 2009 Annual Drinking Water Quality Report be received and filed in the office of the City Clerk.  (Motion ADOPTED.)

 

SAGINAW-MIDLAND MUNICIPAL WATER SUPPLY CORPORATION 2010-11 BUDGET FOR CAPITAL IMPROVEMENT AND EMERGENCY REPAIR FUND

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

 

RESOLVED, that the Saginaw-Midland Municipal Water Supply Corporation 2010-2011 Fiscal Year Budget for the Capital Improvement and Emergency Repair Fund in the amount of $985,000.00 is hereby approved.  (Motion ADOPTED.)

 

COMPUTER AUCTION

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

 

WHEREAS, the City has accumulated unclaimed personal property at the Police Department and other departmental surplus items that are no longer of use; now therefore

RESOLVED, that under the provisions of Section 2-24 of the Midland Code of Ordinances, authorization is given to sell such items at a public auction held on Saturday, May 1, 2010 with the net proceeds being deposited in the General Fund or other appropriate City funds.  (Motion ADOPTED.)

 

CURRIE LIQUOR LICENSE

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

 

RESOLVED, that the request from CITY OF MIDLAND FOR A NEW DANCE PERMIT, TO BE HELD IN CONJUNCTION WITH A 2009 RESORT CLASS C LICENSED BUSINESS ISSUED UNDER MCL 436.1531(4) WITH ENTERTAINMENT PERMIT, LOCATED AT 1300 CURRIE PARKWAY, MIDLAND, MI  48640, MIDLAND COUNTY be considered for approval.

It is the consensus of this legislative body that the application be:  Recommended for issuance.  (Motion ADOPTED.)

 

CHARITY BAREFOOT WALK

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

 

RESOLVED, that the request from Jennifer Gay to hold a charity barefoot walk, collecting donations, on Saturday, June 12, 2010, from 2:00 - 3:00 p.m., beginning and ending in the Farmers Market area and utilizing the Tridge and Chippewassee Park, is hereby approved subject to the following condition:

  • The participants need to be aware that the pavilion in Chippewassee Park is reserved that day from 12:00 – 5:00 p.m. for a large group and there is a wedding scheduled in the area for that day as well.

;and

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

 

DIESEL FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,400 gallons of regular #2 diesel fuel from Karbowski Oil of Bay City, Michigan for $30,820 executed by the Purchasing Agent on April 20, 2010, is hereby approved.  (Motion ADOPTED.)

 

LEGAL ASSISTANCE – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture has appealed the assessment of both real and personal property for the 2010 tax year with the Michigan Tax Tribunal; and

WHEREAS, the Midland Cogeneration Venture has also appealed the classification of its property with the Michigan Court of Appeals; and

WHEREAS, the law firm of Braun, Kendrick, Finkbeiner, P.L.C. has been retained in assisting the City of Midland in its legal defense of these matters; and

WHEREAS, the cost of said services is expected to exceed $20,000 and, therefore, approval by the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2010-2011 Legal Fees budget for general tax appeal cases; now therefore

RESOLVED, that the above-referenced 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 authorization for payment to the legal firm of Braun, Kendrick, Finkbeiner, P.L.C. for their assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $100,000.  (Motion ADOPTED.)

 

CONTRACTED APPRAISAL SERVICES – MCV TAX APPEAL

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

 

WHEREAS, the Midland Cogeneration Venture has appealed the assessment of both real and personal property for the 2010 tax year with the Michigan Tax Tribunal; and

WHEREAS, the Midland Cogeneration Venture has also appealed the classification of its property with the Michigan Court of Appeals; and

WHEREAS, the appraisal firm of George E. Sansoucy, P.E., L.L.C. has been retained in assisting the City of Midland in its defense of these matters; and

WHEREAS, the cost of said services is expected to exceed $20,000 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 2010-2011 Appraisal Fees budget for general tax appeal cases; now therefore

RESOLVED, that the above-referenced 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 authorization for payment to the appraisal firm of George E. Sansoucy, P.E., L.L.C. for their assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $50,000.  (Motion ADOPTED.)

 

LABOR RELATIONS SERVICES

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

 

WHEREAS, City staff requires professional labor relations assistance in matters of contract negotiations and arbitration; and

WHEREAS, staff has relied on the expertise of Plunkett Cooney in labor relations matters; and

WHEREAS, sufficient funding exists in account 101-2260-706-80.22, Labor Management Consultant, in the 2009-10 General Fund budget; now therefore

RESOLVED, that professional labor relations services are hereby determined to qualify as professional services within the meaning of Section 2-19 of the Midland Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a purchase order not to exceed $40,000 to Plunkett Cooney of Detroit, Michigan.  (Motion ADOPTED.)

 

2010 CAMBRIDGE AND RODD STREET RECONSTRUCTION

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction and resurfacing of Cambridge Street from Ashman to Rodd and Rodd Street from Saginaw to Cambridge; and

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

RESOLVED, that the low sealed proposal submitted by Central Asphalt, Inc. of Mt. Pleasant, Michigan, for the "2010 Cambridge and Rodd Street Reconstruction; Contract No. 1", in the indicated amount of $143,778.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

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

 

EASEMENT AGREEMENT – COUNTY JAIL SITE WATER MAINS

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

 

RESOLVED, that the attached Easement Agreement from Midland County Building Authority, to the City of Midland, for public water mains at the Midland County Jail site on Rockwell Drive at Fast Ice Drive in Section 24, T. 14 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

PO INCREASE - GENERAL ENGINEERING – LANDFILL

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

 

WHEREAS, the City’s landfill engineering consultant, CTI and Associates, Inc. (CTI), routinely assists Landfill staff with general engineering support, which may include work to review special waste profiles, support with regulatory issues that arise through site and reporting reviews by the Michigan Department of Natural Resources and Environment (MDNRE), survey work, and small scale designs; and

WHEREAS, each year, funds for general engineering support are made available through an administratively approved purchase order of up to $20,000.00; and

WHEREAS, this year a series of special waste profile reviews, alternate daily cover evaluations, the need for a regulatory waiver and redesign of the stormwater collection pond at the Landfill compost area, and new greenhouse gas (GHG) regulations from the Environmental Protection Agency (EPA) have increased the need for additional general engineering support; and

WHEREAS, funding for general engineering assistance needs is budgeted in the 2009/10 Landfill account #517-8110-811.80-02 – Professional Services; now therefore


RESOLVED, that an increase of $23,000.00 to the existing purchase order of $20,000.00 to CTI and Associates, Inc. of Wixom, Michigan, bringing the total purchase order to $43,000.00, to continue providing general engineering, design, and regulatory compliance support is hereby authorized.  (Motion ADOPTED.)

 

ZONING PETITION NO. 566

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 13, 2010 for property located at 7550 Eastman 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, June 14, 2010, 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 May 28, 2010 and to publish said notice on May 29, 2010.

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 REGIONAL COMMERCIAL 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:

SEC 33 T15N R2E COM AT N 1/8 COR ON W SEC LN, TH S 156 FT, E 660 FT, N 330 FT, W 660 FT, S 174 FT.

Be, and the same is hereby changed to Regional 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.)

 

ZONING PETITION NO. 567

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 13, 2010 for property located at 4594 (A) East Wheeler 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, June 14, 2010, 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 May 28, 2010 and to publish said notice on May 29, 2010.

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 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:

BEGINNING AT THE WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, T14N R2E, MIDLAND TOWNSHIP, MIDLAND COUNTY, MICHIGAN; THENCE EAST 251.73 FEET ALONG THE NORTH LINE OF SAID SECTION 12; THENCE SOUTH 215 FEET PARALLEL TO THE WEST 1/8 LINE OF SAID SECTION 12; THENCE NORTHWESTERLY 251.93 FEET ALONG THE CENTER LINE OF DRAIN TO A POINT ON THE WEST 1/8 LINE TO SAID SECTION 12, WHICH IS LOCATED 207 FEET SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH 207 FEET TO THE PLACE OF BEGININNG.

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. 568

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 13, 2010 for property located at 4594 (B) East Wheeler 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, June 14, 2010, 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 May 28, 2010 and to publish said notice on May 29, 2010.

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 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 251.73 FEET EAST OF THE WEST 1/8 CORNER ON THE NORTH LINE OF SECTION 12, T14N R2E; THENCE SOUTH 217 FEET; THENCE EAST 125 FEET; THENCE NORTH 217 FEET; THENCE WEST 125 FEET TO THE PLACE OF BEGINNING, BEING A PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 12, T14N R2E. 

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. 569

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 13, 2010 for property located at 4574 East Wheeler 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, June 14, 2010, 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 May 28, 2010 and to publish said notice on May 29, 2010.

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 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 AT THE NORTHEAST CORNER OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 12, T14N R2E, AND RUNNING THENCE SOUTH 230 FEET; THENCE WEST 140 FEET; THENCE NORTH 230 FEET; THEN EAST 140 FEET TO THE PLACE OF BEGININNG, BEING A PART OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ TOWNSHIP OF MIDLAND, COUNTY OF MIDLAND AND STATE OF MICHIGAN. 

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. 570

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 13, 2010 for property located at 5217 Isabella 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, June 14, 2010, 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 May 28, 2010 and to publish said notice on May 29, 2010.

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 HOMER 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 535.92 FEET WEST OF THE NORTHEAST CORNER OF THE EAST 40 ACRES OF THE NORTHEAST FRACTIONAL ¼ OF SECTION 23, T14N R1E FOR THE TRUE PLACE OF BEGINNING; THENCE SOUTH 264 FEET; THENCE EAST 181.5 FEET; THENCE SOUTH 198 FEET; THENCE WEST 261.5 FEET; THENCE NORTH 462 FEET; THENCE EAST 80 FEET TO THE PLACE OF BEGININNG.  EXCEPT THAT PORTION DEEDED TO THE MICHIGAN STATE HIGHWAY COMMISSION IN DEED RECORDED IN LIBER 259, PAGE 568. 

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. 571

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, April 13, 2010 for property located at 7412 Perrine 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, June 14, 2010, 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 May 28, 2010 and to publish said notice on May 29, 2010.

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-4 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:

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.

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

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

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

 

Being no further business the meeting adjourned at 9:05 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk