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.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Maureen Donker

Councilmen absent:

Diane Brown, Marty Wazbinski

 

MINUTES

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.)

 

CATHY GUISEWITE DAY

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. 

 

FIRE PREVENTION WEEK

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.

 

2011-12 GENERAL FUND BUDGET AMENDMENT – TREE PLANTING

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.)

 

2011-12 GENERAL FUND BUDGET AMENDMENT – CENTRAL PARK BAND SHELL

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.)

 

2011-12 GENERAL FUND BUDGET AMENDMENT – GROVE PARK PLAY STRUCTURE

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.)

 

2011-12 DIAL-A-RIDE FUND BUDGET AMENDMENT–MOBILE DATA TERMINAL PROJECT

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.)

 

NEW-TECH ZEIGLER ENTERPRISES, INC. – IFT APPLICATION

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

2012 REGULAR MEETING DATES

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

 

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2012 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            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.)

 

ACCESSIBLE CANOE AND KAYAK LAUNCH

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.)

 

DOG ORDINANCE

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 City Council hereby accepts the City Attorney’s report regarding the City of Midland dog ordinances.  (Motion ADOPTED.)

 

2010-11 CABLE ACCESS ADVISORY COMMISSION ANNUAL REPORT

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.)

 

PLANNING COMMISSION APPOINTMENT – HEYING

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.)

 

UNLEADED FUEL PURCHASE

Removed from Agenda.

 

WATER SERVICE TRUCK

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.)

 

LIGHT DUTY VEHICLES

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.)

 

MCTV GRAPHICS SYSTEMS

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.)

 

JOHN DEERE LANDSCAPES – PO INCREASE

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.)

 

EMERALD ASH BORER TREATMENT PROGRAM

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.)

 

GAS PIPING FOR PHASE II OF THE GAS COLLECTION AND CONTROL SYSTEM

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.)

 

2011 CURB REPLACEMENT AND PAVEMENT PATCHING PROJECT

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.)

 

CONDITIONAL USE PERMIT NO. 40

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 Planning Commission has submitted its recommendation of denial, in accord with Section 28.02(B) of 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 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.)

 

ZONING TEXT AMENDMENT NO. 40

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.)

 

DOW AGROSCIENCES, LLC - IFT

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.)

 


STYRON, LLC – IFT

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.)

 

STYRON, LLC TRANSFER – IFT

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.

 

 

 

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            Selina Tisdale, City Clerk