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 |
Approval of the minutes of the September 24, 2012 regular meeting was
offered by Councilman Brown and seconded by Councilman Wazbinski. (Motion ADOPTED.)
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Ordinances or parts of Ordinances in conflict herewith are hereby repealed only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.)
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.)
No public comments were made.
The following resolution was offered by Councilman Brown and seconded by
Councilman Wazbinski:
RESOLVED, that regular meetings
of the Midland
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.)
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.)
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.)
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
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.)
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.)
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.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Wazbinski:
RESOLVED, that the City
RESOLVED FURTHER, that the City
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:
; and
RESOLVED FURTHER, that the
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:
; and
RESOLVED FURTHER, that the
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.)
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.)
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.)
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.)
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.)
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.)
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.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Wazbinski:
WHEREAS, a
public hearing was held by the
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.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Wazbinski:
WHEREAS, a
public hearing was held by the
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.)
The following resolution was offered by Councilman Brown and seconded by
Councilman Wazbinski:
WHEREAS, a
public hearing was held by the
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.)
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
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.)
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