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.
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Councilmen present: |
Thomas Adams, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
Bruce Johnson |
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
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
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
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
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
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 SPECI
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.
Use
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Districts Where Permitted
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Comments
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A
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B
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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 |
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C. Other
Permitted Uses: |
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Accessory uses and structures incidental to the primary use |
A |
A |
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Animal shelters |
P |
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Auto parts sales |
P |
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Automobile repair garage |
P |
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Beverage bottling |
P |
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Bus and truck storage and repair |
P |
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Bus terminals, garages and storage |
P |
P |
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Commercial bakeries |
P |
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Commercial Greenhouses |
P |
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Composting center |
P |
P |
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Contractor’s yards |
S |
S |
Any such use
shall be subject to the provisions in Section 9.02.J |
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Dental, medical, and optical laboratories |
P |
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Electrical transformer and transmission stations |
P |
P |
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Electrical Generating Stations |
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P |
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Fire stations |
P |
P |
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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 SPECI
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.
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