July 23, 2007

 

A regular meeting of the City Council was held on Monday, July 23, 2007, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Pro Tem Myers presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

Bruce Johnson

 

MINUTES

Approval of the minutes of the July 9, 2007 regular meeting was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

2006 LAW ENFORCEMENT OFFICER OF THE YEAR

Midland City Police Chief James St. Louis introduced Patrol Officer Chad Schieber who was recognized as the 2006 Law Enforcement Officer of the Year.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the City Council hereby recognizes Midland City Police Officer Chad Schieber as the Midland Exchange Club recipient for the 2006 Carl & Esther Gerstacker Law Enforcement Officer of the Year.  (Motion ADOPTED.)  Mayor Pro Tem Myers presented Officer Schieber with a resolution of recognition.

 

2007-08 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

Director of Public Services Karen Murphy presented information on an amendment to the 2007-08 Equipment Revolving Fund budget to recognize an unanticipated expenditure for the replacement of a police patrol car totaled in a collision.  A public hearing opened at 7:09 p.m., recognizing no public comments, the hearing closed at 7:09 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, in accord with Sections 5.11, 11.4 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, July 23, 2007 on the proposal to amend the 2007-08 budget of the Equipment Revolving Fund to recognize the unanticipated expense of replacing police patrol unit #1-44 that was totaled in an accident; and

WHEREAS, there are sufficient funds in the Equipment Revolving Fund working capital account to cover the remaining cost of the replacement vehicle; now therefore

RESOLVED, that the 2007-08 budget of the Equipment Revolving Fund is hereby amended to increase expenses by $23,500 for the purchase of a new police cruiser to replace the wrecked unit.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Fay Wood, 3501 Bay City Road, spoke to encourage citizens to volunteer their time to remove nails, staples and tacks left behind from advertisements placed on utility poles around the community.

Janae Little, 1051 E. Pine River Road, spoke regarding the proposed coal-burning power plant. 

 

MUNICIPAL CIVIL INFRACTIONS ORDINANCE AMENDMENT

City Attorney James Branson presented for second reading and adoption an ordinance to amend Section 34-5 of Chapter 34 of the Midland Code of Ordinances to include violations of Section 28-113.1 of Article III of Chapter 28 as civil infraction violations.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Adams:

 

ORDINANCE NO. 1638

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)        Section 28-113.1 of Article III of Chapter 28, illegal stormwater connections to sanitary sewers. 

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

 

GEORGE STREET TRAFFIC STUDY

City Engineer Brian McManus presented a report on the George Street Traffic Study.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Midland Community Center has proposed plans for redevelopment of their property located in and around George Street and Jefferson Avenue; and

WHEREAS, the proposed plans would involve a vacation and closure of George Street between State Street and Jefferson Avenue; and

WHEREAS, the City of Midland performed a preliminary traffic study for determining the impacts of closing George Street at the crosswalk located between State Street and Jefferson Avenue; and

WHEREAS, the City Engineering Department and City professional traffic engineer has provided the opinion that the proposed vacation and closure of George Street between State Street and Jefferson Avenue could be considered based on the data received and would not significantly impact the street network or signalized intersections in the surrounding area; now therefore

RESOLVED, that City Council hereby receives the traffic study report for the George Street closure to be filed with the City Clerk’s office.  (Motion ADOPTED.)

 

AIRPORT RD PROJECT – DEED FROM MDOT FOR RIGHT-OF-WAY AT STARK RD

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

 

WHEREAS,  the City of Midland has constructed Airport Road from Stark Road to Hicks Road to provide better access to Highway US-10 along Airport Road in Section 36, T. 15 N., R. 1 E.; and

WHEREAS, said road construction was completed across a small parcel of property owned by the Michigan Department of Transportation at the intersection of Stark Road, with permission of the Michigan Department of Transportation by way of their permit process; and

WHEREAS,  the City of Midland now desires to gain ownership of said small parcel of land owned by the Michigan Department of Transportation as right-of-way for this new City of Midland public street;  and

WHEREAS, the Michigan Department of Transportation has agreed to sell said small parcel of land to the City of Midland for one dollar;  now therefore

RESOLVED, that the City Council hereby accepts the property from the Michigan Department of Transportation and directs that all necessary deeds and documents be approved by the City Attorney; and

RESOLVED FURTHER, that following approval, the City Attorney shall have said deed recorded.  (Motion ADOPTED.)

 

MERS ANNUAL MEETING – OFFICER DELEGATES

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

 

RESOLVED, that David A. Keenan be appointed officer delegate and Paula J. Whittington be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held September 18 through 20, 2007, in Kalamazoo, Michigan.  (Motion ADOPTED.)

 

LIBRARY PERIODICAL AND NEWSPAPER SUBSCRIPTION SERVICES

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for periodical and newspaper subscription services for the Grace A. Dow Memorial Library; and

WHEREAS, the proposal submitted by Magazine Subscription Service Agency is the lowest bid; and

WHEREAS, funding is available in the 2007/2008 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the sealed proposal for Bid No. 3029 submitted by Magazine Subscription Service Agency for periodical and newspaper subscription services for the Grace A. Dow Memorial Library in an amount not to exceed $23,000 is hereby accepted and the necessary purchase order authorized.  (Motion ADOPTED.)

 

LIBRARY AUTOMATION SERVICES

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

 

WHEREAS, the Valley Library Consortium is unique in its provision of the automation services that the Grace A. Dow Memorial Library requires; and

WHEREAS, membership in the Valley Library Consortium offers the Grace A. Dow Memorial Library benefits from the shared costs with other members for automated services; and

WHEREAS, funding is available in the 2007/2008 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of the Library’s 2007/2008 requirements for online automation services, including membership, staff training, system upgrades, and records database maintenance for the automated acquisition, catalog, and circulation modules from the Valley Library Consortium is hereby approved in an amount not to exceed $95,000 and the necessary purchase order authorized. (Motion ADOPTED.)

 


LIBRARY ELECTRONIC ONLINE SERVICES AND MATERIALS

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

 

WHEREAS, Thomson Gale of Farmington Hills, MI is the sole vendor of the electronic online services and materials that are necessary in the provision of library services; and

WHEREAS, funding is available in the 2007/2008 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the City Council hereby determines that sealed bids are impractical, and in accordance with Section 2-18 of the Code of Ordinances, the requirement for sealed proposals is hereby waived and the purchase of electronic online services and materials from Thomson Gale is hereby approved in an amount not to exceed $45,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

LIBRARY - MIDEASTERN MICHIGAN LIBRARY COOPERATIVE SERVICES

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

 

WHEREAS, the Mideastern Michigan Library Cooperative provides a necessary and valuable service to the library; and

WHEREAS, said services are not offered through other organizations; and

WHEREAS, funding for these services is provided in the 2007/2008 Grace A. Dow Memorial Library budget; now therefore

RESOLVED, that the requirement for competitive bids is hereby waived in accordance with Section 2-18 of the Code of Ordinances for services from the Mideastern Michigan Library Cooperative for the Grace A. Dow Memorial Library, is approved in an amount not to exceed $35,000 and the necessary purchase order authorized.  (Motion ADOPTED.)

 

PURCHASE OF COMPUTERS

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

 

WHEREAS, the City requires the replacement of computers; and

WHEREAS, the City participates in the contract between the Regional Educational Media Center of Michigan and the Hewlett Packard Company which has resulted in the most favorable pricing; and

WHEREAS, sufficient funding exists in account 637-8110-811.76-71, Computer Hardware, in the 2007-08 Data Processing Computer Rental Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the Hewlett Packard Company in the amount of $66,615.00 for the purchase of computers.  (Motion ADOPTED.)

 

PURCHASE OF COMPUTER MONITORS

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

 

WHEREAS, the City requires the replacement of computer monitors; and

WHEREAS, sealed bids have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Computer Monitors; and

WHEREAS, sufficient funding exists in account 637-8110-811.76-71, Computer Hardware, in the 2007-08 Data Processing Computer Rental Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to TechDepot in the amount of $25,532.88 for the purchase of computer monitors.  (Motion ADOPTED.)

 

PURCHASE OF COMPUTER SOFTWARE

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

 

WHEREAS, the City requires the replacement of computer software; and

WHEREAS, the City participates in the contract between the Federal General Services Administration and CDW Government which has resulted in the most favorable pricing; and

WHEREAS, sufficient funding exists in account 637-8110-811.76-72, Computer Software, in the 2007-08 Data Processing Computer Rental Fund budget; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to CDW Government in the amount of $80,764.20 for the purchase of computer software.  (Motion ADOPTED.)

 

PURCHASE OF CATCH BASIN CASTINGS

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Catch Basin Castings, Bid No. 3032; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the proposal meeting City specifications submitted by Northern Concrete Pipe, Inc. of Bay City, Michigan for furnishing catch basin castings and related materials at the unit prices contained in their July 10, 2007 response to our Bid No. 3032 is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order not to exceed $25,000 in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 

HOCKEY SHOP INVENTORY – PO INCREASE (EASTON SPORTS, INC.)

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

 

WHEREAS, the City operates a hockey supply shop in the Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2007-08 Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order #24628 to Easton Sports, Inc. of Atlanta, Georgia up to the amount of $60,000 for the purchase of hockey shop inventory items.  (Motion ADOPTED.)

 

HOCKEY SHOP INVENTORY – PO INCREASE (GRAF CANADA, LTD.)

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

 

WHEREAS, the City operates a hockey supply shop in the Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2007-08 Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order #24644 to Graf Canada, Ltd. of Calgary, Alberta up to the amount of $25,000 for the purchase of hockey shop inventory items.  (Motion ADOPTED.)

 

MDOT COST AGREEMENT FOR TRAFFIC SIGNAL CONTROL

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

 

WHEREAS, the Michigan Department of Transportation (MDOT) proposes maintenance agreements with the City of Midland for seventeen (17) recently upgraded State trunk line signalized intersections in the City of Midland; and

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

WHEREAS, the estimated total combined annual city cost to maintain these signalized intersections does not exceed $3,858; and

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

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

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

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

 

MDOT CONTRACT NO. 07-5286 FOR US-10BR STREET LIGHTING

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

 

WHEREAS, a proposed Contract No. 07-5286 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the installation of street lighting within the City of Midland; and

WHEREAS, this project will take place along US-10BR (Eastman Avenue) between Airport Road and Dilloway Drive and will require a City cost share and maintenance following completion of the work; and

WHEREAS, the total estimated cost of the project is $196,100, which is provided by Federal Aid funding in the amount of $156,900, State Aid funding in the amount of $34,800 and City of Midland funding in the amount of $4,400; and

WHEREAS, funding will be provided by the Major Street Fund; and

WHEREAS, the City of Midland supports having described work completed; and

WHEREAS, this contract is subject to approval following contract review and approval by the City Attorney; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 07-5286 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland after approval by the City Attorney; and

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

 

2007 LAUGHTON & WELCH STREET IMPROVEMENT; CONTRACT NO. 13

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the improvement of Laughton Drive and Welch Drive from Isabella Street to the north end of said streets; and

WHEREAS, funding for this project is provided by the Community Development Block Grant Program; now therefore

RESOLVED, that the low sealed proposal submitted by Pat’s Gradall Service, Inc. of Midland, Michigan, for the "2007 Laughton & Welch Street Improvement; Contract No. 13", in the indicated amount of $210,931.00, 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.)

 

CONSTRUCTION INSPECTION SERVICES

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

 

WHEREAS, the Engineering Department has determined a need for consultant services for construction engineering on various construction projects; and

WHEREAS, proposals were received from interested engineering firms on June 12, 2007 in accordance with the City’s purchasing policy; and

WHEREAS, the firm with the lowest cost proposal was previously awarded a contract for inspection services on the Saginaw Road Project and their resources are limited; and

WHEREAS, the firm with the second lowest proposal, Spicer Group, has the available resources to perform the inspection services; and

WHEREAS, funding for said project is provided by the Major and Local Street Funds; now therefore

RESOLVED, that the proposal received from Spicer Group in the indicated amount of $61.00/hour, is hereby accepted and the purchasing agent is directed to issue a purchase order in the amount of $40,000.00 based upon City estimated hours and unit rates submitted; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an aggregate amount up to $10,000.  (Motion ADOPTED.)

 

PURCHASE OF MECHANICAL JOINT FITTINGS

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

 

WHEREAS, sealed bids for Bid No. 3031, Mechanical Joint Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bid received from East Jordan Iron Works is not being recommended because 50 of the 63 items indicated “no bid”; and

WHEREAS, staff considers the Etna Supply Company bid to be acceptable, and recommends award for the 2007/08 fiscal year purchases of mechanical joint fittings; and

WHEREAS, funds are available in the Water Fund Inventory Account; now therefore

RESOLVED, that a purchase order is hereby authorized to Etna Supply Company in an amount not to exceed $42,699.70; and

RESOLVED FURTHER, that the City Manager is hereby authorized to approve change orders in an aggregate amount not to exceed $10,000. (Motion ADOPTED.)

 

ZONING PETITION NO. 542

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, June 26, 2007 for property located at 4389 South Saginaw 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, August 13, 2007, 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 July 27, 2007 and to publish said notice on July 28, 2007.

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 B ZONING WHERE A RESIDENTIAL A-1 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:

THAT PART OF SECTION 35, TOWN 14 NORTH, RANGE 2 EAST, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE EAST SECTION LINE NORTH 00°19'58" EAST 1314.10 FEET; THENCE NORTH 89°43'58" WEST 914.65 FEET TO THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD AND THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD SOUTH 38°24'01" WEST 534.73 FEET; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF SAGINAW ROAD NORTH 73°11'10" WEST 0.59 FEET; THENCE 601.84 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2814.93 FEET, A DELTA ANGLE OF 12°15'00", AND WHOSE LONG CHORD BEARS NORTH 67°03'40" WEST A DISTANCE OF 600.69 FEET; THENCE NORTH 01°55'20" WEST 199.96 FEET; THENCE NORTH 00°08'02" WEST 102.60 FEET; THENCE SOUTH 88°40'02" EAST 698.04 FEET TO THE POINT OF BEGINNING. CONTAINING 4.79 ACRES AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD.

Be, and the same is hereby changed to Industrial 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. 543

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

 

WHEREAS, that a public hearing was held by the Planning Commission on Tuesday, June 26, 2007 for property located at 4249 South Saginaw 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, August 13, 2007, 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 July 27, 2007 and to publish said notice on July 28, 2007.

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 B ZONING WHERE AN INDUSTRIAL A 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:

THAT PART OF SECTION 35, TOWN 14 NORTH, RANGE 2 EAST, CITY OF MIDLAND, MIDLAND COUNTY, MICHIGAN, DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE ALONG THE EAST SECTION LINE NORTH 00°19'58" EAST 1314.10 FEET; THENCE NORTH 89°43'58" WEST 914.65 FEET TO THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD AND THE POINT OF BEGINNING; THENCE NORTH 88°40'02" WEST 698.04 FEET; THENCE SOUTH 00°08'02" EAST 102.60 FEET; THENCE SOUTH 01°55'20" WEST 199.96 FEET; THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY OF SAGINAW ROAD 209.55 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2814.93 FEET, A DELTA ANGLE OF 04°15'55", AND WHOSE LONG CHORD BEARS NORTH 63°04'08" WEST A DISTANCE OF 209.50 FEET; THENCE NORTH 60°56'10" WEST 528.32 FEET; THENCE NORTH 01°55'20" EAST 626.18 FEET; THENCE SOUTH 88°40'02" EAST 1824.38 FEET; THENCE ALONG THE WESTERLY RIGHT-OF-WAY OF GORDONVILLE ROAD SOUTH 35°57'43" WEST 409.57 FEET; THENCE SOUTH 38°24'01" WEST 413.18 FEET TO THE POINT OF BEGINNING. CONTAINING 26.25 ACRES AND SUBJECT TO RESTRICTIONS AND EASEMENTS OF RECORD.

Be, and the same is hereby changed to Industrial 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 TEXT AMENDMENT NO. 144A – PETITIONERS

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 13, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the City of Midland Zoning Ordinance, 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 July 28, 2007.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING ORDINANCE BY ADDING ELECTRICAL GENERATING STATIONS AS A PRINCIPAL PERMITTED USE IN INDUSTRIAL B 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:

Article 23.00­­­­­—Amendments, to amend Table 23.1 Table of Permitted Uses.

Table 23.1:  TABLE OF PERMITTED USES

Use

Districts Where Permitted

Comments

A

B

P = Principal Permitted Use

S = Principal Permitted Use with Site Development Standards, see Article 9.00

C = Conditional Land Use, see Article 28.00

C/S = Conditional Land Use with Special Standards, see Article 9.00 and Article 28.00

A = Accessory use, subject to the provisions in Section 3.03

C.  Other Permitted Uses:

Accessory uses and structures incidental to the primary use

A

A

 

Animal shelters

P

 

 

Auto parts sales

P

 

 

Automobile repair garage

P

 

 

Beverage bottling

P

 

 

Bus and truck storage and repair

P

 

 

Bus terminals, garages and storage

P

P

 

Commercial bakeries

P

 

 

Commercial Greenhouses

P

 

 

Composting center

P

P

 

Contractor’s yards

S

S

Any such use shall be subject to the provisions in Section 9.02.J

Dental, medical, and optical laboratories

P

 

 

Electrical transformer and transmission stations

P

P

 

Electrical Generating Stations

 

P

 

Fire stations

P

P

 

Gas regulator stations

P

P

 

Kennels

P

 

 


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

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

 

ZONING TEXT AMENDMENT NO. 144A – PLANNING COMMISSION’S ALTERNATE

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 13, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the City of Midland Zoning Ordinance, 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 July 28, 2007.

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING ORDINANCE BY ADDING ELECTRICAL GENERATING STATIONS AS A CONDITIONAL USE IN INDUSTRIAL B 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:

 

Article 23.00­­­­­—Amendments, to amend Table 23.1 Table of Permitted Uses.

 

 

 

Table 23.1:  TABLE OF PERMITTED USES

Use

Districts Where Permitted

Comments

A

B

P = Principal Permitted Use

S = Principal Permitted Use with Site Development Standards, see Article 9.00

C = Conditional Land Use, see Article 28.00

C/S = Conditional Land Use with Special Standards, see Article 9.00 and Article 28.00

A = Accessory use, subject to the provisions in Section 3.03

C.  Other Permitted Uses:

Accessory uses and structures incidental to the primary use

A

A

 

Animal shelters

P

 

 

Auto parts sales

P

 

 

Automobile repair garage

P

 

 

Beverage bottling

P

 

 

Bus and truck storage and repair

P

 

 

Bus terminals, garages and storage

P

P

 

Commercial bakeries

P

 

 

Commercial Greenhouses

P

 

 

Composting center

P

P

 

Contractor’s yards

S

S

Any such use shall be subject to the provisions in Section 9.02.J

Dental, medical, and optical laboratories

P

 

 

Electrical transformer and transmission stations

P

P

 

Electrical Generating Stations

 

C

 

Fire stations

P

P

 

Gas regulator stations

P

P

 

Kennels

P

 

 

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.)

 

PLANNED UNIT DEVELOPMENT AMENDMENT – HARCREST WOODS CONDOMINIUMS

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

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of the Planned Unit Development Amendment, the request of Harcrest Woods Condominium Association for Harcrest Woods Condominium Association; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, August 13, 2007, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the placement of a traffic control gate for Harcrest Woods Condominiums, a 58-unit condominium development on Harcrest Drive between Oakfield Drive and Thornbery Drive on 20.75 acres; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within three hundred (300) feet of the area by transmitting notice on July 27, 2007 and to publish said notice on July 28, 2007.  (Motion ADOPTED.)

 


PROPOSED 2007-08 GENERAL FUND BUDGET AMENDMENT – MCV REFUND

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

 

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., Monday, August 13, 2007, in the Council Chambers of City Hall on the proposal to amend the 2007-2008 General Fund budget to appropriate $13,682,900 from the “fund balance reserved for tax appeal refunds” to tax roll adjustment expenditures, in order to refund Midland Cogeneration Venture for taxes, administration fees, and interest in accordance with the June 12, 2007 final decision by the Michigan Tax Tribunal.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:39 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk