A regular meeting of the
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Councilmen present: |
Thomas Adams, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
ZONING PETITION NO. 526
ORDINANCE NO. 1608
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO
PROVIDE A COMMUNITY ZONING WHERE A REGIONAL COMMERCIAL ZONING DISTRICT
PRESENTLY EXISTS.
The City of
Section 1.
That the Zoning Map of Ordinance No. 1585, being the Zoning Ordinance of
the City of Midland, is hereby amended as follows:
ENTIRE OF BLOCKS 69,
70, 92, 93, 94, 103, 104, 105 AND 106, MAP OF LARKINS’ ADDITION TO MIDLAND
CITY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN LIBER A, PAGE 26, MIDLAND
COUNTY RECORDS. ALSO, ALL THOSE LANDS
LYING SE’LY OF STATE STREET, SW’LY AND NW’LY OF BLOCKS 69 AND 70, MAP OF
LARKINS’ ADDITION TO MIDLAND CITY AND NE’LY OF C & O RAILROAD RIGHT-OF-WAY,
SECTION 21, T14N-R2E, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, ALSO ANY AND
ALL STREETS VACATED WITHIN THE ABOVE DESCRIBED PARCEL.
be, and the
same is hereby changed to Community.
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parts of Ordinances in conflict herewith are hereby repealed only to the extent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.)
STREET VACATION – ELLSWORTH, HALEY, &
MILL STREETS
WHEREAS, the Midland
WHEREAS, a report has been received from the Midland
WHEREAS, a response has been received from the City Engineer indicating
no objection to the vacation request; a response has been received from the
Director of Utilities indicating no objection to the vacation request; and a
response has been received from the Director of Public Services indicating no
objection to the vacation request; now therefore
RESOLVED, that the Midland
RESOLVED FURTHER that within thirty (30) days thereof, the City
ZONING PETITION
NO. 525
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 AN OFFICE SERVICE ZONING DISTRICT
PRESENTLY EXISTS.
The City of
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
INTERSECTION OF THE WEST 1/8 LINE AND SOUTH SECTION LINE, SECTION 4; THENCE
NORTH 190 FEET, THENCE WEST 362.81 FEET MORE OR LESS TO THE WEST PROPERTY LINE,
THENCE SOUTH 190 FEET, THENCE EAST 363.47 FEET TO BEGINNING.
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. (Ordinance DENIED. Yeas:
Myers Nays: Adams, Johnson, McKeag, Rokosz)
ZONING ORDINANCE
REVISIONS
ORDINANCE NO. 1609
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION,
AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP.
The City of
Section 1.
That Sections 2.03, 3.01, 3.06, 3.12, 3.16, 5.01, 7.02, 7.03, 8.03,
8.04, 8.05, 8.07, 9.02, 24.04, 26.02, 27.02 and Tables 8.1, 8.2 and 8.3 of the
Zoning Ordinance being Ordinance No. 1585 of the City of Midland are hereby
amended to read 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.)
PUBLIC COMMENTS
Rodney Nelson,
Richard Fosgitt,
MASTER PLAN – COUNCIL AUTHORITY
Assistant City
WHEREAS, the Municipal Planning Act (Michigan Public Act 285 of 1931),
as amended, requires a community to adopt a master plan and sets forth the
procedures for such adoption; and
WHEREAS, amendments effective January 9, 2002 state the legislative
body may assert by resolution the right to approve or reject a plan prepared by
the Planning Commission; and
WHEREAS, the City of
WHEREAS, the Midland
RESOLVED, that the Midland
FOXFIRE SUBDIVISION NO. 1
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the
WHEREAS, Final
Approval of the Preliminary Plat expired
WHEREAS, the
RESOLVED, that
the
COUNTRYSIDE ESTATES NO. 2
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the Final Plat of Countryside
Estates No. 2 Subdivision is in conformance with the approved Preliminary Plat,
and all requirements of Chapter 23 of the Code of Ordinances of the City of
Midland have been met; and
WHEREAS, the current Preliminary Plat
expired May 12, 2005; and
WHEREAS, the
RESOLVED, that the
RESOLVED FURTHER, that the
RESOLVED FURTHER, that the Mayor and City
RESOLVED FURTHER, that the City
LICENSE AGREEMENT – DOW CORNING CORP
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the attached License Agreement between the City of
Midland and Dow Corning Corporation for the purpose of installing and
maintaining two pipelines and a bridge/truss structure across the right of way
of Saginaw Road, approximately 1100 feet north of Salzburg Road, is hereby
approved in accordance with Section 22 of the Code of Ordinances and the Mayor
and City
OPPOSITION TO STATE-WIDE CABLE FRANCHISE AGREEMENT SYSTEM
Assistant City
WHEREAS, cities have a long and very successful history of supporting the introduction of cable services by the cable industry, a successful deployment made possible in large part by the current system of local non-exclusive cable franchising; and
WHEREAS, cities strongly support getting more cable competition for their residents, but want competitive cable services for all of our residents; and
WHEREAS, SBC and Verizon have been actively advocating across the country that local franchise agreements should be eliminated and replaced with a state-wide franchise agreement that would allow them to compete against cable companies under a different set of rules favorable to the telephone companies; and
WHEREAS, contrary to current cable franchise requirements SBC’s investor plan states that it intends to serve 90% of the “High Value Customers” and to serve only 5% of “Low Value Customers” thereby leaving senior citizens, fixed income families, and low income families without cable competition; and
WHEREAS, local government participation in the cable franchising process ensures that all residents irrespective of age, race, education, or income level, receive the same service; and
WHEREAS, franchise agreements assure that the public, education, and government (PEG) channels are provided for the community; and
WHEREAS, since the City of Midland uses 100% of its franchise fees to support the PEG channels, any reduction or elimination of franchise fees would be devastating to the operation of these channels; and
WHEREAS, a state-wide franchise
system would deny consumers local resolution of problems; now therefore
RESOLVED, that the
RESOLVED FURTHER, that the
RESOLVED FURTHER, that the City
FLEX SPENDING PLAN AMENDMENT
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Amendment Number Four to the City of Midland Flexible
Spending Plan effective February 14, 2006, is hereby approved and adopted and
the Mayor and City
RESOLVED FURTHER, that the Plan Administrator shall act as soon as
possible to notify employees of the adoption of the Amendment Number Four to
the City of Midland Flexible Spending Plan by delivering to each employee a
copy of the summary description of the changes to the Plan in the form of the
Summary Plan Description – Material Modifications. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER R-05-06
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No. R-05-06 filed November 22, 2005
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That the speed limit on Diamond Drive
between Midfield Lane and Soccer Drive shall be 35 m.p.h., and between Soccer
Drive and Waldo Avenue shall be 45 m.p.h., and that Traffic Control Order
R-04-09 shall be rescinded.
is hereby made
permanent. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER S-05-14
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No. S-05-14 filed November 29, 2005
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That Plumtree Lane shall stop for Dublin
Avenue.
is hereby made permanent. (Motion
ADOPTED.)
TRAFFIC CONTROL ORDER S-05-15
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No. S-05-15 filed November 29, 2005
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That Aspen Way shall stop for Countryside
Drive.
is hereby made permanent. (Motion
ADOPTED.)
FARMERS MARKET – SANDWICH BOARDS
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the request from the Midland Area Chamber of Commerce, seeking permission to place three sandwich boards throughout the downtown business district between 6:00 a.m. and 2:00 p.m. on market days to promote the Farmers Market, is hereby approved on the condition that clear vision requirements are followed and the signs do not obstruct the vision of motorists; and
RESOLVED FURTHER, that the
JOINT BUILDING AUTHORITY AUDIT – 06/30/05
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that the audit of the
City and County of Midland Joint
HYDROGEOLOGIC MONITORING CONTRACT –
LANDFILL
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the operation and environmental monitoring of the City of Midland
Sanitary Landfill is regulated by the Michigan Department of Environmental
Quality-Waste and Hazardous Materials Division (MDEQ); and
WHEREAS, on October 4, 1999 Council approved a two year environmental monitoring
contract with a 3% annual fee escalator for the addition of up to three years,
to NTH Consultants, Ltd. of
Farmington Hills, Michigan (NTH);
and
WHEREAS, in May 2004 the MDEQ
mandated the installation of new monitoring wells and the complete update of
the Landfill Hydrogeologic Monitoring Plan (HMP); and
WHEREAS, in June 2004 Council
approved a proposal by NTH to perform the MDEQ mandated changes, which are
completed and pending final approval from the MDEQ; and
WHEREAS, annual monitoring,
reporting, and changes requested by the MDEQ to the new HMP would be done most
effectively by NTH until the HMP receives final approval; and
WHEREAS, sufficient funds are available in Landfill Fund account
#517-8110-811.81-04 – Testing; now therefore
RESOLVED, that sealed proposals are
hereby waived as impractical, in accord with Sec. 2-18 of the Code of
Ordinances, and authorizes a purchase order to NTH Consultants LTD of
Farmington Hills, Michigan for professional services in the amount of $25,000
to perform environmental monitoring and reporting for one year at the Landfill. (Motion ADOPTED.)
ZONING PETITION NO. 527
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, a public hearing was held by the
RESOLVED, that notice is hereby given that a
public hearing will be held by the
RESOLVED FURTHER, that the City
ORDINANCE NO. ______
AN ORDINANCE TO AMEND ORDINANCE NO. 1585,
BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND
INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO
REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR
ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN
SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND
FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A
COMMUNITY ZONING WHERE AN AGRICULTURAL 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 SE CORNER OF THE PARCEL, THENCE NORTH 779.11 FEET, THENCE WESTERLY
APPROXIMATELY 1600 FEET, THENCE SOUTHWESTERLY APPROXIMATELY 824.29 FEET, THENCE
EAST 1884.22 FEET TO THE POINT OF BEGINNING.
be, and the
same is hereby changed to Community.
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.)
DOW CORNING IFT
APPLICATION ($1,000,000)
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that an application dated February
1, 2006 was received February 2, 2006, from the Dow Corning Corporation, with
supporting data pursuant to Public Act 198 of the Public Acts of the State of
Michigan of 1974, as amended, for an industrial facilities tax exemption
certificate within the Dow Corning Corporation Plant Rehabilitation District
and the Dow Corning 321 Plant Rehabilitation District, relating to the purchase
of both real and personal property at the Midland Plant to provide for a
strong, up-to-date infrastructure by the purchase of new process computers,
upgrading process software and upgrading the control system for the motor that
generates air, via a compressor, for use in processes throughout the plant,
with a total project cost of $1,000,000, and being expected to retain 2-3
existing jobs at this facility, is hereby acknowledged received and ordered
placed on file in the City
RESOLVED FURTHER, a hearing shall be held
before the
DOW CORNING IFT
APPLICATION ($2,400,000)
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that an application dated February
1, 2006 was received February 2, 2006, from the Dow Corning Corporation, with
supporting data pursuant to Public Act 198 of the Public Acts of the State of
Michigan of 1974, as amended, for an industrial facilities tax exemption
certificate within the Dow Corning Corporation Industrial Development District,
the Dow Corning Corporation Plant Rehabilitation District and the Dow Corning
321 Plant Rehabilitation District, relating to the purchase of personal
property at the Midland Plant to upgrade the Specialty Chemical businesses
three major supply chains, with the total project having a cost of $2,400,000,
and being expected to retain eleven existing jobs and create one new job within
two years of project completion, is hereby acknowledged received and ordered
placed on file in the City
RESOLVED FURTHER, a hearing shall be held
before the
DOW CORNING IFT
APPLICATION ($4,500,000)
The following resolution was offered by Councilman Myers and seconded
by Councilman McKeag:
RESOLVED, that an application dated February
1, 2006 was received February 2, 2006, from the Dow Corning Corporation, with
supporting data pursuant to Public Act 198 of the Public Acts of the State of
Michigan of 1974, as amended, for an industrial facilities tax exemption certificate
within the Dow Corning Corporation Industrial Development District and the Dow
Corning Corporation Plant Rehabilitation District, relating to the purchase of
both real and personal property to upgrade and expand three major supply
chains: trichlor, organo and rubber at Midland plant’s Core products business,
with the total project having a cost of $4,500,000, and being expected to
retain 232 existing jobs at the facility, is hereby acknowledged received and
ordered placed on file in the City
RESOLVED FURTHER, a hearing shall be held
before the
Being no further business the meeting adjourned at 9:10 p.m.
______________________________________
Selina Tisdale, City