October 15, 2012

 

A regular meeting of the City Council was held on Monday, October 15, 2012, 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, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the September 24, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Wazbinski.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 155

Planning and Community Development Director Brad Kaye presented information on Zoning Text Amendment No. 155 – to amend the City of Midland Zoning Ordinance to change the method of measuring the setback from an unobstructed sight area under specific conditions.  A public hearing opened at 7:10 p.m., recognizing no public comments, the hearing closed at 7:10 p.m.  The following ordinance amendment was then offered by Councilman Adams and seconded by Councilman Brooks:

 

ORDINANCE NO. 1738

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 TO CHANGE THE METHOD OF MEASURING THE SETBACK FROM AN UNOBSTRUCTED SIGHT AREA UNDER SPECIFIED CONDITIONS.

The City of Midland Ordains:

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

See attached

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  All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.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

 

THE DOW CHEMICAL COMPANY – IFT

City Assessor Reid Duford presented information on a request from The Dow Chemical Company for an Industrial Facilities Tax Exemption Certificate within The Dow Chemical Company Plant Rehabilitation District No. 1.  A public hearing opened at 7:15 p.m.  Rich Wells, Vice President and Site Director of Dow Michigan Operations, spoke regarding the project.  Scott Walker, Executive Director of Midland Tomorrow, spoke in favor of the request.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

WHEREAS, The Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and   

WHEREAS, The Dow Chemical Company made an application dated September12, 2012, which was received by the City Clerk on September 12, 2012 for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $12,000,000 which is for new real and personal property with the same being located within The Dow Chemical Company Plant Rehabilitation District No. 1 to improve the existing facility located at Buildings 719, 770, and 1360 for the production of UPS Copolymer resin products. The project named Upsize, will retrofit and install all necessary process instrumentation, piping, pumps and equipment for expanded production and to extend the life of the facilities. The project is expected to retain 30 existing jobs and create one within two years of completion; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 15, 2012, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district and/or plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district and/or plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company, considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Exemption certificate from The Dow Chemical Company, for a new facility approval within The Dow Chemical Plant Rehabilitation District No. 1, be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2024; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company, pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

2013 CITY COUNCIL MEETING DATES

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2013 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:


January 7 and 21                                            February 11 and 25

            March 11 and 25                                             April 8 and 29

            May 6 and 20                                                  June 10 and 24

            July 15 and 22                                                            August 12 and 26

            September 9 and 30                                       October 14 and 28

            November 11 and 25                                      December 9 and 16

; and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting or each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion ADOPTED.)

 

GRANT FOR LIBRARY IMPROVEMENTS

Library Director Melissa Barnard presented information on a grant from The Herbert H. and Grace A. Dow Foundation to fund infrastructure and interior improvements at the Library.  The following resolution was then offered by Councilman Brown and seconded by Councilman Wazbinski:

 

WHEREAS, the City of Midland has received a grant in the amount of $3,000,000 from The Herbert H. and Grace A. Dow Foundation to fund infrastructure and interior improvements to the Grace A. Dow Memorial Library; and

WHEREAS, this grant celebrates the 75th anniversary of The Herbert H. and Grace A. Dow Foundation established by Grace A. Dow; now therefore

RESOLVED, that the City Council of the City of Midland hereby accepts the grant of $3,000,000 from The Herbert H. and Grace A. Dow Foundation to fund infrastructure and interior improvements to the Grace A. Dow Memorial Library.  (Motion ADOPTED.)

 

GRANT FOR PLAYGROUND EQUIPMENT

Director of Public Services Karen Murphy presented information on a grant from the Midland Area Community Foundation for updating the play equipment in twelve neighborhood parks.  Sharon Mortensen, Executive Director of the Midland Area Community Foundation, spoke regarding the grant.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, the current Parks and Recreation Master Plan contains separate goals to evaluate neighborhood park usage and upgrade non-compliant playground equipment; and

WHEREAS, the Parks and Recreation Commission recently completed a review of all neighborhood parks with playground equipment, and made a recommendation on parks where non-compliant equipment should be replaced; and

WHEREAS, the Midland Area Community Foundation expressed interest in funding the replacement of said non-compliant play equipment through a grant from the Dorothy L. Ludington Children’s Fund; and

WHEREAS, the Parks and Recreation Commission, at their meeting of October 2, 2012, voted unanimously to recommend that the City Council accept the grant; now therefore

RESOLVED, that the City Council hereby accepts a grant of $68,400 from the Midland Area Community Foundation’s Dorothy L. Ludington Children’s Fund for replacing non-compliant play equipment in the neighborhood parks.  (Motion ADOPTED.)

 

CITY AND COUNTY JOINT BUILDING AUTHORITY AUDIT

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

RESOLVED, that the audit of the City and County of Midland Joint Building Authority for the year ended June 30, 2012 is hereby acknowledged as being received by the Midland City Council on this date, and is ordered placed on file for public examination.  (Motion ADOPTED.)

 

ANNEXATION OF PROPERTY – 5600 FALCON WAY

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

 

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

SEC 12 T14N R1W NW ¼ OF NE ¼ 

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 Homer by the property owners who 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 Homer; 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.)

 

CITY OF MIDLAND MASTER PLAN DRAFT

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

 

WHEREAS, during the previous eight months the Planning Commission has prepared the City of Midland Master Plan Update, which contains recommendations for future housing and population density that can be supported by the utility infrastructure, transportations system, natural environment and public services, provides locations for a wide range of housing types, commercial development industry, and new mixed-use centers with strategies for compatible uses, which includes maps, charts, tables and text to support and describe recommendations and implementation strategies; and

WHEREAS, the Michigan Planning Enabling Act, PA 33 of 2008, as amended, requires a Master Plan to be updated at least every five years; and

WHEREAS, a final draft of the Master Plan Update was provided to the Planning Commission at the September 11, 2012 meeting; now therefore

RESOLVED, that City Council approves circulation of the City of Midland Master Plan Update to begin the statutorily required 43 day public comment period, copies of the plan be provided to neighboring jurisdictions and entities, and the City of Midland Planning Commission be directed to hold an open house for the public.  (Motion ADOPTED.)

 

DDA – PRIOR RESIGNATION

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

 

RESOLVED, that the resignation of Zachary Prior as a member of the Downtown Development Authority is hereby accepted and the Administration is directed to convey the Council’s appreciation to Mr. Prior for his service to the Downtown Development Authority.  (Motion ADOPTED.)

 

SALE OF SURPLUS TRACTOR

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

 

RESOLVED, that the City Manager is hereby authorized to sell surplus city equipment as provided by Section 2-24 of the Midland Code of Ordinances; and

RESOLVED FURTHER, that the City Manager is hereby authorized to sell a surplus tractor to Bader and Sons of St. Louis, Michigan at the minimum reserve price of $120,000 as established through an on-line public auction through the Michigan Inter-governmental Trade Network.  (Motion ADOPTED.)

 

GIRL SCOUTS HEART OF MICHIGAN EVENT

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

 

RESOLVED, that the request from Michelle Holmes, Girl Scouts Heart of Michigan, seeking permission to conduct a birthday party event on Saturday, October 20, 2012, in Chippewassee Park, Emerson Park, Heritage Park, downtown Midland, and other locations in the city, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • The certificate of insurance provided meets our requirements.
  • No painting or marking on the Rail-Trail or in the park is allowed.
  • Any chalk in street right-of-way (virtually all street sidewalk locations) or any public path must be cleaned up after event is over.
  • Removable directional signs are permitted.  Signs must be outside the public right-of-way.
  • Parks and Recreation and Public Services will provide support as needed.
  • At Rail-Trail crossings of the street, pedestrians must follow state law.

; and

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

 

TRI CITY CYCLISTS – CYCLOCROSS BIKE RACE EVENT

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

 

RESOLVED, that the request from Steve Weckle, Tri City Cyclists, seeking permission to conduct a Cyclocross bike race event on Sunday, December 9, 2012, in Stratford Park, charging a fee, is hereby approved subject to the following conditions:

  • The City only provides snow removal for the main parking lot at Stratford Park.  Any plowing/grooming of trails within the park will be the responsibility of the event organizers and will need to be approved by the Park supervisor.
  • Provide special event liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as an Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than 30 days prior to the event.
  • Use of Stratford Park is non-exclusive.
  • Restroom facilities will not be available in December.  Event organizer must rent temporary bathroom facilities (port-a-john).
  • The organizer is responsible for all clean-up of trash following the event.
  • Event organizer must provide a route map 30 days prior to the event.
  • City will review need for cost recovery for City expenses if event requires unique or non-standard efforts on City’s part.

; and

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

 

PO INCREASE FOR GENERAL ENGINEERING CONSULTING – LANDFILL

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

 

WHEREAS, the City’s landfill engineering consultant, CTI and Associates, Inc. (CTI) of Wixom, routinely assists Landfill staff with general engineering support, which includes work to review special waste profiles, support with regulatory issues that arise through site and reporting reviews by the Michigan Department of Environmental Quality (MDEQ), survey work, and small design projects; and

WHEREAS, each year funds are budgeted for general engineering support, and an administratively approved purchase order was made to CTI in the amount of $20,000.00 to begin the work; and

WHEREAS, funding for general engineering assistance is budgeted in the 2012/13 Landfill accounts 517.8110.80.002 – Professional Services and 517.8110.81.004 – Testing; now therefore

RESOLVED, that an increase of $60,000.00 to the existing purchase order of $20,000.00 to CTI and Associates, Inc., bringing the total purchase order to $80,000.00, to continue providing general engineering, design, and regulatory compliance support is hereby authorized.  (Motion ADOPTED.)

 

PO INCREASE – COVER SAND FOR LANDFILL

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

 

WHEREAS, the City Landfill uses sand on a regular basis to cover waste at the end of each day, as backfill material for trenches, and for drainage under roadbeds; and

WHEREAS, periodic bulk purchases are made for class II sand and foundry sand, with foundry sand generally being cheaper, but less effective for daily cover, and is only available on a limited basis; and 

WHEREAS, in January sealed bids for the supply and delivery of class II sand, Bid No. 3392 –Sand, were received in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and

WHEREAS, to initiate deliveries of sand in the current fiscal year a purchase order was administratively approved in the amount of $19,580.00 to Pat’s Gradall Service, Inc. of Midland based on the low bid unit price received of $4.45 per cubic yard; and

WHEREAS, funding for the delivery of sand is available for that purpose in the 2012/13 Landfill account #517.8110.76.026 – Daily Cover; now therefore

RESOLVED, that an increase of $22,250.00 to the existing purchase order of $19,580.00 to Pat’s Gradall Service, Inc., bringing the total purchase order to $41,830.00, for the delivery of class II sand for daily waste coverage and grounds maintenance is hereby authorized.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,700 gallons of regular #2 diesel fuel from Hirschman Oil of Reese, Michigan for $45,223.70 executed by the Purchasing Agent on September 27, 2012, is hereby approved.  (Motion ADOPTED.)

 

REPLACEMENT TREES PURCHASE

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

 

WHEREAS, sealed proposals were advertised and received in accordance with Article II of Chapter 2 of the Midland Code of Ordinances for Bid No. 3420, “Street Tree Replacement”; and

WHEREAS, the selected bidder, Agroscaping, Inc. of Swartz Creek, Michigan has agreed to extend the unit prices for additional plantings to be done this fall; and

WHEREAS, adequate funding for the planting of replacement trees is included in the 2012-2013 Forestry budget; now therefore

RESOLVED, that the Purchasing Agent is hereby authorized to issue a purchase order to Agroscaping, Inc. of Swartz Creek, Michigan not to exceed $40,000.00 for the planting of replacement trees in the city rights-of-way in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

PROPOSED 2012-13 GRACE A. DOW LIBRARY FUND BUDGET AMENDMENT

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

 

WHEREAS, the City of Midland has received a grant in the amount of $3,000,000 from The Herbert H. and Grace A. Dow Foundation to fund infrastructure and interior improvements to the library; and

WHEREAS, it is necessary to amend the 2012-2013 budget of the Grace A. Dow Memorial Library to include these funds; now therefore

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, October 29, 2012 in the Council Chambers of City Hall on a proposal to amend the 2012-2013 budget of the Grace A. Dow Memorial Library to increase revenues by $3,000,000 and to increase expenditures by $3,000,000 to fund infrastructure and interior improvements to the library; and

RESOLVED FURTHER, that the City Clerk is hereby directed to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

PROPOSED 2012-13 GENERAL FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., October 29, 2012 in the Council Chambers of City Hall on the proposal to amend the FY 2012-13 General Fund budget to recognize an additional $68,400 of revenue from the Midland Area Community Foundation’s Dorothy L. Ludington Children’s Fund  and provide additional appropriations of $68,400 to be used for the purchase and installation of playground equipment in the neighborhood parks, and direct the City Clerk to give notice as provided in Section 5.11 of the Charter of the City of Midland.  (Motion ADOPTED.)

 

PROPOSED 2012-13 WATER ENTERPRISE FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m. on Monday, October 29, 2012, in the Council Chambers of City Hall on the proposal to amend the 2012/13 Water Enterprise Fund budget to increase revenues from working capital by $75,720.00 and to increase appropriations by $75,720.00 for Filter Clear Well Repairs at the City of Midland Water Treatment Plant.  (Motion ADOPTED.)

 

ZONING PETITION NO. 581

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, September 11, 2012 for property located at 1334 Stark 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 from Township zoning to Residential A-1 zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 12, 2012, 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 or before October 26, 2012 and to publish said notice on October 27, 2012. 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

SEC 01 T14N R1E COM AT SW COR OF N ½ OF SW ¼ OF NW ¼, TH N 66 FT, E 105 FT, S 100 FT, W 132 FT, N 34 FT, W 33 FT.

Be, and the same is hereby changed to Residential A-1.

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

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

 

ZONING PETITION NO. 582

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, September 11, 2012 for property located at 9203 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 from Township zoning to Residential B zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 12, 2012, 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 or before October 26, 2012 and to publish said notice on October 27, 2012. 

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 B ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

SEC 29 T15N R2E COM 660 FT W OF NE SEC COR, TH W 660 FT, S 1070 FT, E 722 FT, S 190 FT, E 548.64 FT, N 45D E 70.5 FT, N TO PT 330 FT S OF NE SEC COR, W 660 FT, N TO POB EXC E 250 FT 26.04 ACRES. 

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

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

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

 

ZONING PETITION NO. 583

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, September 11, 2012 for property located at 7730 West Wackerly Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Township zoning to Industrial A zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 12, 2012, 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 or before October 26, 2012 and to publish said notice on October 27, 2012. 

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 INDUSTRIAL A ZONING WHERE A TOWNSHIP ZONING DISTRICT PRESENTLY EXISTS.

The City of Midland Ordains:

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

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, T15N, R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 330 FEET ON THE SOUTH SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 1,320 FEET; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET ON THE NORTH-SOUTH ¼ LINE; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF SAID SECTION; THENCE NORTH 530 FEET; THENCE WEST 330 FEET; THENCE SOUTH 530 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING AND

A PARCEL OF LAND LOCATED IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 35, T15N R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 150 FEET ON THE SOUTH SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 530 FEET; THENCE EAST 300 FEET; THENCE SOUTH 530 FEET; THENCE WEST 300 FEET ALONG THE SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING.

Be, and the same is hereby changed to Industrial A.

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 ADOTPED.  Considered first reading.)

 

CONDITIONAL USE PERMIT NO. 42

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

 

WHEREAS, North-Point Building and Remodeling, Inc. for Midland Rental Properties, LLC submitted a request for a conditional land use permit for a 14 unit residential town house development located at 2711, 2721, 2801 and 2811 West Wackerly Street located in an Office Service zoning district on 1.69 acres; and

WHEREAS, the City Planning Commission has conducted a public hearing in accord with Section 28.02(A) of the Zoning Ordinance of the City of Midland on said conditional use; and

WHEREAS, the Planning Commission has submitted its recommendation of denial, in accord with Section 28.02(B) of 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 November 12, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the request for a conditional use permit; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners and occupants within three hundred (300) feet of the area proposed by transmitting notice on or before October 26, 2012 and to publish said notice on October 27, 2012.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 156

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 12, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending 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 October 27, 2012. 

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 TO AMEND AND ADD SECTION 8.07 E TO ADD SIGN REGULATIONS FOR THE DOWNTOWN NORTHSIDE OVERLAY DISTRICT.

The City of Midland Ordains:

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

See attached

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 7:40 p.m.

 

 

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            Selina Tisdale, City Clerk