September 26, 2011
A regular meeting of the City Council was
held on Monday, September 26, 2011, 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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Maureen Donker |
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Councilmen absent: |
Diane Brown, Marty Wazbinski |
Approval of the minutes of the September 12,
2011 special and regular and both September 19, 2011 special meetings was
offered by Councilman Brooks and seconded by Councilman Adams. (Motion ADOPTED.)
Communications Coordinator Libby Richart
introduced Nancy Barker, Chair of “An Evening with Cathy Guisewite”. The following resolution was then offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that the Mayor is authorized to issue the
attached Proclamation designating
October 7, 2011, as Cathy Guisewite Day in the city
of Midland, Michigan. (Motion ADOPTED.) Mayor Donker presented Nancy Barker with the
proclamation.
Midland Fire Chief Leonardo Garcia presented
information on Fire Prevention Week. The
following resolution was then offered by Councilman Brooks and seconded by
Councilman Adams:
RESOLVED,
that the Mayor is authorized to issue the attached proclamation designating the
week of October 9-15, 2011, as FIRE PREVENTION WEEK in Midland. (Motion ADOPTED.) Mayor Donker presented Midland Fire Chief
Leonardo Garcia with the proclamation.
Department of Public Services Director Karen
Murphy presented information on an amendment to the 2011-12 General Fund budget
to recognize $25,000 of additional revenue from a donation received from The
Dow Chemical Company, and increase expenditures by $25,000 for the purchase of
trees to replenish park trees that will be lost to emerald ash borer. Kali Grove, Corporate Volunteer Manager – The
Dow Chemical Company, United Way of Midland County, spoke regarding the gift
and tree planting project. A public
hearing opened at 7:18 p.m., recognizing no public comments, the hearing closed
at 7:18 p.m. The following resolution
was then offered by Councilman Adams and seconded by Councilman Brooks:
WHEREAS, at their September 12, 2011
meeting, the City Council accepted a generous $25,000 donation from The Dow
Chemical Company to plant 300 trees in City parks; and
WHEREAS, volunteers from The Dow Chemical
Company will partner with the City to plant these trees in various parks this
fall; and
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 on Monday, September 26,
2011, on the proposal to amend the 2011-12 General Fund Budget to recognize
$25,000 in unanticipated revenue and additional expenditures related to the
project; now therefore
RESOLVED, that the 2011-12 General Fund
Budget is hereby amended to increase revenues by $25,000 to recognize a
donation from The Dow Chemical Company and to increase expenses by $25,000 for
a park tree planting project. (Motion
ADOPTED.)
Department of Public Services Director Karen
Murphy presented information on an amendment to the 2011-12 General Fund budget
to recognize $191,000 of additional revenue from the Midland Area Community
Foundation’s band shell renovation fund, and increase expenditures by $191,000
for the renovation of the Central Park band shell. Craig McDonald, Chair of the Band Shell
Community Fund Raising Committee, spoke in favor of the project. A public hearing opened at 7:28 p.m.,
recognizing no public comments, the hearing closed at 7:28 p.m. The following resolution was then offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, on September 12, 2011, City Council accepted a donation of $191,000 from a community fundraising committee to be used for the renovation of the Central Park band shell; and
WHEREAS, Section 2-20 of the Code of Ordinances allows City Council to waive competitive bids for projects which utilize funds donated to the City; and
WHEREAS, staff has recommended that Gerace Construction be contracted for the renovation based on their experience restoring other Alden Dow structures; and
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 on Monday, September 26, 2011, on the proposal to amend the 2011-12 General Fund Budget to recognize unanticipated revenue and expenditure of $191,000 to be used for the renovation of the band shell; now therefore
RESOLVED, that the 2011-12 General Fund Budget is hereby amended to recognize unanticipated revenue and expenditure of $191,000 to be used for the renovation of the band shell; and
RESOLVED FURTHER, that the Purchasing Agent is hereby authorized to issue a purchase order to Gerace Construction of Midland, Michigan in an amount not to exceed $191,000 for the renovation of the Central Park band shell. (Motion ADOPTED.)
Department of Public Services Director Karen
Murphy presented information on an amendment to the 2011-12 General Fund budget
to recognize $40,000 of additional revenue from a Community Development Block
Grant, and increase expenditures by $40,000 to purchase an accessible play
structure for Grove Park. A public
hearing opened at 7:30 p.m., recognizing no public comments, the hearing closed
at 7:30 p.m. The following resolution
was then offered by Councilman Adams and seconded by Councilman Brooks:
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 on Monday, September 26, 2011, on the proposal to amend the
2011-12 General Fund Budget to recognize unanticipated revenue from a Community
Development Block Grant of $40,000 and the additional expenditure related to
the purchase of an ADA-accessible play structure for Grove Park; now therefore
RESOLVED, that the 2011-12 General Fund Budget is hereby amended to
increase revenues by $40,000 to recognize a Community Development Block Grant
and to increase expenses by $40,000 for the purchase of an ADA-accessible play
structure for Grove Park. (Motion
ADOPTED.)
Department of Public Services Director Karen
Murphy presented information on an amendment to the 2011-12
Dial-A-Ride Fund to recognize $35,026 of additional revenue from a Federal
grant and increase expenditures by $35,026 to be put toward the mobile data
terminal project. A public
hearing opened at 7:35 p.m., recognizing no comments from the public, the hearing
closed at 7:35 p.m. The following
resolution was then offered by Councilman Adams and seconded by Councilman
Brooks:
WHEREAS, the City of Midland Dial-A-Ride has received a grant for
$90,000 from the American Recovery and Reinvestment Act for the purchase of a
mobile data terminal system to be installed in the buses; and
WHEREAS, the project is expected to exceed $90,000 and the Michigan
Department of Transportation has agreed to let the City use $35,026 in leftover
funding from a Federal grant originally allocated for bus purchases; and
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 on Monday, September 26, 2011, on the proposal to
amend the 2011-12 Dial-A-Ride Budget to recognize unanticipated revenue and
expenditure of $35,026 to be used toward the purchase; now therefore
RESOLVED, that the 2011-12 Dial-A-Ride Budget is hereby amended to
increase revenues and expenses by $35,026 to recognize additional funding left
over from a Federal grant to be used toward implementation of a mobile data
terminal system in the buses; and
RESOLVED FURTHER, that the Purchasing Agent is authorized to issue a
purchase order to Ecolane USA, Inc. of Elk Horn, Iowa
in the amount of $90,000 for the
purchase and installation of a mobile data terminal system with associated
dispatch software, in accordance with the proposal and City specifications; and
RESOLVED FURTHER, that the City Manager be
authorized to approve change orders related to the project not to exceed an
aggregate amount of $20,000. (Motion ADOPTED.)
City Assessor Reid Duford introduced a
request from New-Tech, Zeigler Enterprises, Inc. for an Industrial Facilities
Tax Exemption Certificate within the MSARI Holdings Industrial Development
District No. 1. A public hearing opened
at 7:43 p.m. Bonnie Zeigler, owner of New-Tech, spoke regarding the business
and the IFT request. Scott Walker,
Executive Director of Midland Tomorrow, spoke in favor of the IFT. The public hearing closed at 7:47 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brooks:
WHEREAS, the MSARI
Holdings Industrial Development District No. 1 was established by resolution of
the Midland City Council on December 3, 2007; and
WHEREAS, New-Tech,
Zeigler Enterprises, Inc., made an application dated August 11, 2011, which was
received by the City Clerk on August 11, 2011 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 $305,200 which is for new real property with the same
being located within the MSARI Holdings
Industrial Development District No. 1 to build a 3,920 square foot addition to
the existing offices and R & D lab due to increased business. The project
is expected to retain ten jobs and create two jobs 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
September 26, 2011, 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; and
WHEREAS,
the aggregate SEV of real and personal property exempt from ad
valorem taxes within the City of Midland, after granting this certificate, will
exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of
personal and real property thus exempted; 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 New-Tech, Zeigler
Enterprises, Inc. considered together with the aggregate amount of industrial
facilities exemption certificates previously granted and currently in force
under PA 198 of 1974, as amended and PA 225 of 1978, as amended 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
New-Tech, Zeigler Enterprises, Inc., for a new facility approval within the
MSARI Holdings Industrial Development District No. 1, be and the same is hereby
approved for a period of 12 years with an ending date of December 30, 2023; and
RESOLVED
FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act
198 Agreement submitted between the City and the New-Tech, Zeigler Enterprises,
Inc. 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 Brooks and seconded by Councilman Adams:
RESOLVED, that regular meetings of the Midland
January 9 and 30 February
13 and 20
March 12 and 26 April
9 and 23
May 7 and 21 June
11 and 25
July 9 and 23 August
13 and 27
September 17 and 24 October 15
and 29
November 12 and 19 December 3
and 17
; 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.)
Department of Public Services Director Karen
Murphy presented information on a gift of an accessible canoe and kayak launch
from the Access to Recreation Committee.
The following resolution was then offered by Councilman Brooks and
seconded by Councilman Adams:
WHEREAS, the Access to Recreation group has
offered the City the gift of an accessible canoe launch to be built along the
riverbank at the Farmers Market; and
WHEREAS, the Parks and Recreation
Commission, at their meeting of June 7, 2011, and the Downtown Development
Authority, at their meeting of June 8, 2011, both voted unanimously to
recommend that the City Council accept the gift; now therefore
RESOLVED, that the City hereby accepts the
offer of the Access to Recreation group to build an accessible canoe and kayak
launch at the Farmers Market in downtown Midland. (Motion ADOPTED.)
City Attorney Jim Branson presented a report
regarding the city of Midland dog ordinances.
The following resolution was then offered by Councilman Adams and
seconded by Councilman Brooks:
WHEREAS, Councilman Brooks requested a report on the City of Midland dog ordinances; now therefore
RESOLVED, that the
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the Cable Access Advisory
Commission has submitted an annual report for fiscal year 2010/2011 in accord
with Article I of Chapter 15 of the Midland Code of Ordinances; and
WHEREAS, the Cable Access Advisory
Commission has identified in the annual report activities that are in
compliance with the duties defined in the ordinance; now therefore
RESOLVED,
that the 2010/2011 Annual Report of the Cable Access Advisory Commission be
accepted. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that Dave Heying is hereby
appointed as a citizen-at-large member of the Planning Commission for a term
expiring June 30, 2012. (Motion
ADOPTED.)
Removed from
Agenda.
The following resolution was offered by Councilman
Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised
and received in accordance with Article II of Chapter 2 of the Midland Code of
Ordinances for Bid No. 3360, “Low-Profile Box Van”; and
WHEREAS, funding for a water service truck
is included in the FY 2011-2012 Equipment Revolving Fund budget for Capital
Outlay - Vehicles; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in
the net amount of $94,079.00 for the
purchase of a water service truck, including trade-in of City equipment #3-18,
in accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS,
bids for light duty vehicles are solicited by the State of Michigan, and the
City of Midland is authorized to make purchases from this program; and
WHEREAS,
sufficient funding for the purchase of small cars, pickups, and a van is
available in the FY11/12 Equipment Revolving Fund budget for Capital Outlay,
Vehicles; now therefore
RESOLVED, that the Purchasing Agent is
authorized to issue purchase orders to the State of Michigan’s selected
vendors, Snethkamp Dodge of Lansing, Michigan, in the amount of $25,199.60 for
the purchase of one crew-cab pickup; Garber Chevrolet of Midland, Michigan, in
the amount of $93,237.00 for the purchase of one van and three 4x4 pickups with
plows; and Signature Ford of Owosso, Michigan, in the amount of $29,692.00 for
the purchase of two small cars, all in accordance with the State of Michigan
Extended Purchasing Program proposal and specifications. (Motion ADOPTED.)
The following resolution was offered by Councilman
Brooks 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 the purchase of new graphics systems, Bid No. 3364; and
WHEREAS, funding for the graphics systems is included in the 2011-2012 MCTV Fund budget for Capital Outlay, Equipment; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Roscor Corporation of Mount Prospect, Illinois in the net amount of $21,495 for the purchase of new graphics systems with accessories, in accordance with the proposal and city specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, the City has undertaken an Emerald
Ash Borer Treatment Program in order to save its ash trees through a chemical
injection process; and
WHEREAS, the City receives favorable
municipal pricing for these chemicals and supplies, which would cost the same
no matter which supplier is used; and
WHEREAS,
sufficient funding for such purchases is available in the Emerald Ash Borer
Project; now therefore
RESOLVED, that the Purchasing Agent is
authorized to increase existing purchase order # 2012-00453 to John Deere
Landscapes of Chicago, Illinois up to the amount of $50,000 for chemicals and
supplies used for the treatment of trees.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, sealed proposals were advertised
and received in accordance with Article II of Chapter 2 of the Midland Code of
Ordinances for Bid No. 3362, “Emerald Ash Borer Treatment”; and
WHEREAS, funding for such treatment is
included in the 2011-2012 Parks budget; now therefore
RESOLVED, that the Purchasing Agent is
hereby authorized to issue a purchase order to Complete Tree Service of Warren,
MI in the amount of $23,314.00 for the treatment of ash trees in the city
rights-of-way in accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, in September 2010 the City of
Midland Landfill completed construction and began operation of Phase I of its
gas collection and control system (GCCS) to serve as continuous collection of
gas generated by the decomposition of waste in the Landfill; and
WHEREAS, Phase I of the GCCS was completed
in September 2010 at a total cost of $2,100,000.00, and consisted of collection
piping in Cells 1-15 and a flare system for gas destruction; and
WHEREAS, the GCCS will be installed in newly
filled areas in an effort to continue odor management, minimize gas emissions,
and generate fuel for the city’s gas-to-energy facility on an annual basis or
when refuse lifts reach ten feet of
depth; and
WHEREAS, since bringing the GCCS online last
fall, enough waste has been placed in Cell 16 to necessitate expansion of the
collection system; and
WHEREAS, to begin the expansion process, on
August 22 Council authorized a purchase
order with CTI and Associates, Inc. (CTI) of Brighton in the amount of $31,000.00 for Phase II design, bid package
development, construction oversight, and survey support for reporting to the
Michigan Department of Environmental Quality; and
WHEREAS, on September 12, 2011 Council
approved a Phase II construction contract with Catskill Remedial Contracting
Services Inc. of Otsego (Catskill) in the amount of $180,353.50 for installation of a header pipe extension,
leachate condensate removal pump station for Cell 16, and burial of three
horizontal collection pipes in the current lift; and
WHEREAS, on September 13, 2011 sealed bids
for the Phase II construction materials, Bid No. 3370 – Gas Piping for Phase II
of Landfill Gas Collection and Control System, were received in accord with
Sec. 2-18 of the Code of Ordinances for the City of Midland; and
WHEREAS, the low bid submitted by Forrer Supply Company of Grand Ledge in the amount of
$59,132.00 meets the city’s requirements; and
WHEREAS, sufficient funds are available for
that purpose in the Landfill Fund Capital Project LF0707 – Gas Collection &
Control System; now therefore
RESOLVED, that the low bid proposal
submitted by Forrer Supply Company in the amount of
$59,132.00 is accepted and a purchase order is hereby authorized; and
RESOLVED FURTHER, that the City Manager is
authorized to approve changes to said purchase order in an aggregate amount not
to exceed $5,000.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, City Council awarded the construction contract for the 2011
Curb Replacement and Pavement Patching; Contract No. 3 to A.J. Rehmus &
Son, Inc. on April 11, 2011 for the replacement of curbs and pavement patching
on various local streets; and
WHEREAS, existing curbs, sidewalks and pavement are in poor condition
in the westerly quadrant of the Ashman Circle from Ashman Street to Saginaw
Road; and
WHEREAS, A.J. Rehmus & Son, Inc. has
agreed to replace the curbs, sidewalks and patch the pavement in this quadrant
of the Ashman Circle under a change order to the original contract in the
amount of $38,075.00; and
WHEREAS, funding for this work is provided by the Major Street Fund;
now therefore
RESOLVED, that the City Manager is authorized to execute Change Order
No. 1 to the 2011 Curb Replacement and Pavement Patching; Contract No. 3 in the
amount of $38,075.00. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, Matekel
General Contracting for 21st Century Hoyne,
LLC submitted a request for a conditional land use permit for a 10 unit town
house development located at 1100 West Wackerly Street located in an Office
Service zoning district on 1.25 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 October 24, 2011, 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 October 7, 2011 and to
publish said notice on October 8, 2011.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
RESOLVED, that
notice is hereby given that a public hearing will be held by the City Council
on Monday, October 24, 2011, 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 8,
2011.
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 FURTHER DEFINE THE REGULATION OF BUSINESSES AND ORGANIZATIONS NOT
IN COMPLIANCE WITH LOCAL, STATE OR FEDERAL LAW WITHIN THE CITY OF MIDLAND.
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:
Amend
Article 2.00 Definitions, Section 2.02 to include the following definitions:
ANIMAL, DOMESTIC: Any animal normally and customarily kept by a
domestic household for pleasure and companionship. Examples of domestic animals include domestic
breeds of dogs, cats and animals confined to cages throughout their lifetime. Chickens are permitted per ordinance #_______. A
domestic animal excludes exotic, farm and service animals as defined by this
ordinance.
ANIMAL, FARM:
Any animal customarily
found in farming operations such as but not limited to all breeds of horses,
cows, goats, pheasants, chickens (as per City ordinance #___), geese, sheep,
swine (as per City ordinance #1519, Chapter 3)
or any other type of poultry or fowl. A farm animal shall also include
all animals classified as livestock by the State of Michigan. A farm animal shall not include fish.
CHICKEN:
The
common domestic fowl (Gallus domesticus) kept for its eggs or meat.
Amend
Article 14.00 Residential Districts, Section 14.02 C. Permitted Uses with
Special Standards, 3. Keeping of Chickens.
Amend Article 9.00 Site Development Standards for Specific
Uses
Section 9.03 Site Development Standards for Residential uses,
B. Keeping of Chickens; to read as follows;
(1) Any
person who keeps chickens in
the City of Midland shall obtain a permit from the City prior to acquiring the animals.
a. Permits
expire and become invalid 5 years after the date of issuance. A person who
wishes to continue keeping chickens
shall have obtained a new permit on or before the expiration date of the
previous permit. Application for a new permit shall be pursuant to the
procedures and requirements that are applicable at the time the person applies
for a new permit.
(2) Notwithstanding
the issuance of a permit by the City, private restrictions on the use of
property shall remain enforceable and take precedence over a permit. Private
restrictions include but are not limited to deed restrictions, condominium
master deed restrictions, neighborhood association by-laws, and covenant deeds.
A permit issued to a person whose property is subject to private restrictions
that prohibit the keeping of chickens
is void. The interpretation and enforcement of the private restriction
is the sole responsibility of the private parties involved.
(3) A person
who keeps or houses chickens
on his or her property shall comply with all of the following requirements:
a. Have been
issued the permit required under subsection (1) of this section.
b. Keep no
more than six (6) chickens.
c. The principal use of the property is
for a single-family residence.
d. No person
shall keep any rooster.
e. No person
shall slaughter any chickens
on the premises.
f. The chickens shall be provided
with a covered enclosure and must be kept in the covered enclosure at all times.
g. A person
shall not keep chickens
in any location on the property other than in the rear yard. For purposes of
this section, "rear yard" means that portion of a lot enclosed by the
property's rear lot line and the side lot lines to the points where the side
lot lines intersect with an imaginary line established by the rear of the
single-family structure and extending to the side lot lines.
h. No
enclosure shall be located closer than 10 feet to any property line of an
adjacent property.
i. An enclosure shall not be located closer than
40 feet to any residential structure on an adjacent property. For purposes of this section, adjacent
property means all parcels of property that the applicant's property comes into
contact with at 1 or more points, except for parcels that are legally adjacent
to but are in fact separated from the applicant's property by a public or
private street.
j. All enclosures for the keeping of chickens shall be so
constructed (in accordance with the requirements as set forth in Section 3.03 Accessory
Structures) or repaired as to prevent rats, mice, or other rodents from being
harbored underneath, within, or within the walls of the enclosure. Materials
used to construct the enclosed area shall NOT include tarps, plastic,
fabric, rubber, paper, cardboard, or other non-traditional building materials.
k. All feed and other items associated
with the keeping of chickens
that are likely to attract or to become infested with or infected by rats,
mice, or other rodents or insects shall be protected so as to prevent rats,
mice, or other rodents or insects from gaining access to or coming into contact
with them.
l. No sale of, or signage for, fresh eggs or
meat is permitted.
(4) A person
who has been issued a permit shall submit it for examination upon demand by any
Police Officer or Code Enforcement Officer. The city may revoke any permit
granted under this section and/or initiate prosecution for a civil infraction
violation. Each day a violation exists shall constitute a separate offense.
(5) This section shall not regulate the keeping of chickens in those areas
zoned Agricultural (AG) district, where the raising of poultry is a permitted
principal use when conducted in compliance with the Michigan Right to Farm Act
and the Generally Accepted Agricultural and Management Practices.
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 Brooks and seconded by Councilman Adams:
WHEREAS, that an application dated March 25,
2011, was received March 25, 2011 from Dow AgroSciences,
LLC 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 Chemical Company Plant Rehabilitation
District No.1 relating to new real and personal property totaling $14,000,000
to utilize Building 827 at Michigan Operations for the production of
agricultural products. The project,
named SPRINT 2, will retrofit and install all necessary process
instrumentation, piping, pumps and equipment for expanded production is hereby
acknowledged received and ordered and placed on file in the City Clerk's
office; now therefore
RESOLVED, that per the new State Treasurer, a
hearing shall be held revising the resolution dated May 9, 2011, by City
Council on the application submitted by Dow AgroSciences,
LLC, on Monday, October 10, 2011 at 7:00 p.m., in the Council Chambers at City
Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording
the applicant, the City Assessor and representatives of the affected taxing
units an opportunity for a hearing on the application and the City Clerk shall
provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, that an application dated May 16,
2011, was received May 17, 2011 from Styron, LLC 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
Chemical Company Plant Rehabilitation District No.1 relating to new personal
property totaling $1,130,000 for the Verde-Binder Preparation Project. The project includes installing equipment to
utilize a new raw material in Styron’s Midland Latex Plant. The equipment owned
by Styron, LLC will be installed on land that is leased from The Dow Chemical
Company. Application for this project is hereby acknowledged received and
ordered and placed on file in the City Clerk's office; now therefore
RESOLVED, that per the new State Treasurer, a
hearing shall be held revising the resolution dated June 13, 2011, by City
Council on the application submitted by Styron, LLC, on Monday, October 10,
2011 at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth
Street, Midland, Michigan, for the purpose of affording the applicant, the City
Assessor and representatives of the affected taxing units an opportunity for a
hearing on the application and the City Clerk shall provide written notice
thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)
The following resolution was offered by
Councilman Brooks and seconded by Councilman Adams:
WHEREAS, that an application dated May 17,
2011 was received May 18, 2011 from Styron, LLC, with supporting data pursuant
to Public Act 198 of the Public Acts of the State of Michigan of 1974, as
amended, for the transfer of industrial facilities exemption certificate No.
2008-532 from The Dow Chemical Company to Styron, LLC within The Dow Chemical
Company Plant Rehabilitation District No. 1 relating to the transfer of an
existing certificate as a result of The Dow Chemical Company selling personal property
assets to Styron, LLC on June 17, 2011 is hereby acknowledged received and
ordered placed on file in the City Clerk's office; now therefore
RESOLVED, that per the new State Treasurer, a
hearing shall be held revising the resolution dated June 13, 2011, by City
Council on the application submitted by Styron, LLC, on Monday, October 10,
2011 at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth
Street, Midland, Michigan, for the purpose of affording the applicant, the City
Assessor and representatives of the affected taxing units an opportunity for a
hearing on the application and the City Clerk shall provide written notice
thereof in accordance with Section 5 of Public Act 198. (Motion ADOPTED.)
Being no further business the meeting adjourned
at 8:05 p.m.
______________________________________
Selina
Tisdale, City