January 30, 2012
A regular meeting of the City Council was
held on Monday, January 30, 2012, 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, Diane Brown, Maureen
Donker, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the January 9, 2012
regular meeting was offered by Councilman Wazbinski and seconded by Councilman Brown. (Motion ADOPTED.)
Midland Police Department Lieutenant Steve
Elmer presented an amendment to the 2011-12 General Fund budget to recognize an
additional $58,900 of revenue from various corporate and local foundation
grants and increase expenditures of the Midland Police Department budget by the
same to fund for the training and equipment associated with the establishment
of the Midland Police Department Narcotics K-9 Unit and Honor Guard Team. A public hearing opened at 7:22 p.m.,
recognizing no public comments, the hearing closed at 7:22 p.m. The following resolution was then offered by
Councilman Adams and seconded by Councilman Wazbinski:
WHEREAS, in accord with section 11.6 of the
Charter of Midland, and after having given proper legal notice, and having
conducted a public hearing Monday, January 30, 2012 on the proposal to amend
the FY 2011-2012 General Fund budget to recognize $58,990 of additional
revenues consisting of grants of $20,000 from the Midland Area Community
Foundation, $15,000 from the Dow Chemical Foundation, $11,990 from the Rollin
M. Gerstacker Foundation, $10,000 from the Herbert H. and Grace A. Dow
Foundation, and $2,000 from the Wal-Mart Foundation; as well as an increase in
expenditures of the Midland Police Department budget of $58,990 to fund for the
training and equipment associated with the establishment of the Midland Police
Department Narcotics K-9 Unit and the Midland Police Department Honor Guard
Team; now therefore
RESOLVED, that the FY 2011-2012 General Fund
budget is amended to increase revenue and expenditures by $58,990 to recognize
the additional aforementioned revenue and provide budgetary authorization to
expend such funds for equipment and training associated with the establishment
of the Midland Police Department Narcotics K-9 Unit and the Midland Police
Department Honor Guard Team. (Motion
ADOPTED.)
Eugene Moore, 5600 Woodview Pass, spoke in
opposition to the proposed roundabout at the Patrick Road/BR-10 crossover.
Director of Public Services Karen Murphy presented
information on an ordinance amending fees for recreation offerings by amending
Section 21-73 of Div. 4 of Article II of Chapter 21 – General Recreation
Fees. The following ordinance amendment
was then offered by Councilman Adams and seconded by Councilman Wazbinski :
ORDINANCE NO. 1724
The City of Midland Ordains:
Section 1. Section
21-73 of Division
4 of Article II of Chapter 21 is amended to read as follows:
Sec. 21-73. General recreation fees
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(1) |
Adult softball player |
$ 25.00 |
per player |
|
(2) |
Adult softball player (2nd
team) |
$ 25.00 |
per player |
|
(3) |
Adult softball player - Fall League |
$ 15.00 |
per player |
|
(4) |
Each softball team in individual
tournaments |
$ 25.00 |
per team |
|
(5) |
Youth softball player |
$
6.00 |
per player |
|
(6) |
Rugby club |
$ 450.00 |
per club |
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(7) |
Beach volleyball |
|
|
|
|
Player fee |
$
10.00 |
per player |
|
|
2 & 4 player recreation league sponsor fee |
$ 30.00 |
per team |
|
|
6 player recreation league sponsor fee |
$
60.00 |
per team |
|
|
2 & 4 player competitive league sponsor fee |
$
45.00 |
per team |
|
|
6 player competitive league sponsor fee |
$
75.00 |
per team |
|
(8) |
Ski rental (each
2 hours or part thereof) |
$
6.00 |
per hour |
|
(9) |
Toboggan rental
(per hour two-hour maximum) |
$ 6.00 |
per hour |
|
(10) |
Skate and sled rental |
$ 2.00 |
per two hours |
|
(11) |
Chalet building rental (2 hour minimum) |
$ 30.00 |
per hour |
|
(12) |
Picnic kit deposit |
$
15.00 |
per kit |
|
(13)* |
Ball field rental – private tournament |
$ 10.00 |
per hour per field |
|
(14)* |
Ball diamond grooming – private tournament |
$ 15.00 |
per grooming |
|
(15)* |
Ball diamond grooming/maintenance –
private tournament - Overtime |
$ 75.00 |
per hour |
|
(16)* |
Ball diamond grooming/maintenance –
private tournament - Double time |
$100.00 |
per hour |
|
(17)* |
Diamond dry field drying material– private
tournament |
$ 12.00 |
per bag |
|
(18)** |
Picnic shelter reservations |
|
|
|
|
Emerson A-1, Emerson E |
$
25.00 |
per use |
|
|
|
$
25.00 |
per use |
|
|
|
$
25.00 |
per use |
|
|
|
$
25.00 |
per use |
|
|
Chippewassee |
$
25.00 |
per use |
|
|
Emerson D |
$
45.00 |
per use |
|
|
|
$
55.00 |
per use |
|
|
Unsheltered areas |
$
15.00 |
per use |
|
|
Addition of a canopy |
$
25.00 |
per request |
|
|
Delivery of picnic tables (up to 5 tables) |
$ 20.00 |
per use |
|
|
Additional tables (if available up to maximum
of 10 tables) |
$
4.00 |
per table |
|
(19) |
Delivery of bleachers |
$ 20.00 |
per section |
|
(20) |
Delivery of portable grill |
$ 10.00 |
per use |
|
(21)*** |
City stage rental |
|
|
|
|
Non-profit group inside city limits |
$ 75.00 |
per use |
|
|
For profit group inside city limits |
$ 225.00 |
per use |
|
|
Non-profit group outside city limits |
$ 125.00 |
per use |
|
|
For profit group outside city limits |
$ 425.00 |
per use |
|
(22) |
Speaker system deposit |
$
50.00 |
per system |
(23) Tennis
lesson agreement: The director of public
services is authorized with the approval of the city manager to enter into a
cost recovery agreement with the Midland Community Tennis Center consistent
with the recreation fee philosophy for administrative costs related to
advertising and program registration for summer youth tennis lessons. The agreement will be reviewed and adjusted
annually as needed.
*Note:
Fees for private tournament ball field maintenance effective starting
with the 2010
softball season.
**Note:
Fees paid for shelter reservations are non-refundable.
Exceptions
to (18) Picnic shelter reservation fees are as follows:
a) Donors of shelters shall be allowed one rent free use per year in the
respective donated
structure.
b) Daytime reservations which begin after
Monday – Friday from April 15 – June 30 are
exempt from fees.
***Note:
Stage rental is intended for
community events held within the city limits or Midland County
only. Stage rental
fees are non-refundable.
****Note: The director of public services is authorized
with the approval of the city manager to
implement
rates for special recreation events according to the recreation fee philosophy
to
recover
programming costs for such offerings.
Section 2. This
Ordinance shall take effect upon publication.
(Ordinance ADOPTED.)
Fiscal Services Director David Keenan
introduced David Youngstrom, CPA/Principle, Yeo and Yeo, who presented the
Comprehensive Annual Financial Report and Single Audit Report for the year
ended June 30, 2011. The following
resolution was then offered by Councilman Brooks and seconded by Councilman
Adams:
RESOLVED, that the Comprehensive Annual Financial Report and the Single Audit Report of the City of Midland for the year ended June 30, 2011 is hereby received and ordered filed for public examination. (Motion ADOPTED.)
City Manager Jon Lynch presented a staff
report regarding the outcome of the 2012 City Council Planning retreat. Eugene Moore, 5600 Woodview Pass, spoke
regarding tax abatement incentives. The
following resolution was then offered by Councilman Wazbinski and seconded by
Councilman Brown:
WHEREAS, on January 28, 2012 the City Council conducted a planning retreat for the purpose of discussing current and future financial concerns; and
WHEREAS, at the conclusion of that session Council expressed their expectations regarding the basic approach to be taken in developing the Fiscal Year 2012-2013 budget; and
WHEREAS, during the City Council meeting of January 30, 2012, the City Council reviewed and affirmed those expectations embodied in a report of that date titled: City Council Budget Objectives for FY 12-13; now therefore
RESOLVED, that the report City Council Budget Objectives for FY 12-13 is hereby received. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brown:
WHEREAS, the Final Plat of Pinehaven Estates is in conformance with the
approved Preliminary Plat, and all requirements of Chapter 23 of the Code of
Ordinances of the City of Midland have been met; now therefore
RESOLVED, that the City Council does hereby approve the Final Plat of Pinehaven
Estates, in accordance with Section 23-19 of the Code of Ordinances of the City
of Midland; and
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to
execute the contract for the required improvements; and
RESOLVED FURTHER, that the City Clerk is hereby authorized to execute
the plat and record it on behalf of the City.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brown:
RESOLVED, that the City Council of the City of Midland herewith
approves the annexation of the following described property to the City of
Midland:
PARCEL 1:
A PARCEL OF LAND LOCATED IN
THE SOUTHEAST 1/4 OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE
SOUTHEAST ¼ OF SECTION 35, T15N, R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY,
MICHIGAN DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 330 FEET ON THE SOUTH
SECTION LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH
1,320 FEET; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET ON THE NORTH-SOUTH ¼
LINE; THENCE EAST 330 FEET; THENCE SOUTH 660 FEET; THENCE WEST 180 FEET ON THE
SOUTH SECTION LINE OF SAID SECTION; THENCE NORTH 530 FEET; THENCE WEST 330
FEET; THENCE SOUTH 530 FEET; THENCE WEST 180 FEET ON THE SOUTH SECTION LINE OF
SAID SECTION TO THE PLACE OF BEGINNING.
PARCEL 2:
A PARCEL OF LAND LOCATED IN
THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ AND ALSO IN THE SOUTHWEST ¼ OF THE SOUTHEAST
¼ OF SECTION 35, T15N R1E, LINCOLN TOWNSHIP, MIDLAND COUNTY, MICHIGAN,
DESCRIBED AS BEGINNING AT A POINT WHICH IS WEST 150 FEET ON THE SOUTH SECTION
LINE FROM THE SOUTH ¼ CORNER OF SAID SECTION; THENCE RUNNING NORTH 530 FEET;
THENCE EAST 300 FEET; THENCE SOUTH 530 FEET; THENCE WEST 300 FEET ALONG THE
SOUTH SECTION LINE OF SAID SECTION TO THE PLACE OF BEGINNING.
pursuant to Section 9(8) of Public Act 279 of the State of Michigan of
1909, as amended {MSA 5.2088; MCLA
117.9} as a result of a similar petition filed both with the City of Midland
and the Township of Lincoln by the property owners who hold 100 percent of the
record legal title to said property, and upon which no qualified electors,
other than the petitioners, presently reside, with said annexation to the City
of Midland to be accomplished upon the passage of a similar resolution by the
Township Board of the Township of Lincoln; and
RESOLVED FURTHER, that the Planning Department shall forward a copy of
this resolution to the Office of the Great Seal in the Secretary of State’s
Office, and the City Clerk shall forward a copy to the Midland County Clerk. (Motion ADOPTED.)
City Engineer Brian McManus presented the 2012-13 Construction Priorities Report. Eugene Moore, 5600 Woodview Pass, spoke
regarding the sanitary sewer capacity.
The following resolution was offered by Councilman Brown and seconded by
Councilman Wazbinski:
WHEREAS, a report has been received from the
City Engineer listing the proposed construction projects for 2012-2013 which
includes projects petitioned by property owners, projects recommended by the
City Administration and others; and
WHEREAS, City Council has reviewed the
proposed construction projects list and received comments from interested
citizens; now therefore
RESOLVED, that City Council hereby approves
said proposed construction project listing for 2012-2013 and directs the City
Administration to include funding requests for the proposed projects in the
2012-2013 budget; and
RESOLVED FURTHER,
that the report is hereby directed to be placed on file in the City Clerk’s
Office and at the Grace A. Dow Memorial Library and a map of the projects be
placed in the lobby of Midland City Hall.
(Motion ADOPTED.)
City Engineer Brian McManus presented
Traffic Control Order S-11-08 – traffic on Clover Street shall stop for Linden
Street. Eugene Moore, 5600 Woodview
Pass, inquired about cutting down the obstruction tree. Speaking in opposition to the stop sign were: Dan Arriola,
4608 Arbor Drive; Louis Webster, 4609 Arbor Drive and Dale Schubert, 2001 Terra
Drive. A petition with signatures in
opposition to the stop sign was submitted.
Petitioner Todd Barcey, 2054 N. Eastman Avenue, spoke in favor of the
stop sign. The following resolution was
then offered by Councilman Wazbinski and seconded by Councilman Brown:
RESOLVED, that Traffic Control Order No. S-11-08 filed November 14, 2011
pursuant to Chapter 24 of the Code of Ordinances to establish traffic control
as follows:
That traffic on Clover
Street shall stop for Linden Street.
is hereby extended for 90 days.
(Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brown:
RESOLVED, that Traffic Control Order No.
S-11-09 filed November 10, 2011 pursuant to Chapter 24 of the Code of
Ordinances to establish traffic control as follows:
That traffic on
the westerly leg of Ashman Circle bordered by N. Saginaw Road and Ashman Street
shall stop for N. Saginaw Road.
is hereby made
permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brown:
RESOLVED, that Traffic Control Order No.
P-11-03 filed November 15, 2011 pursuant to Chapter 24 of the Code of
Ordinances to establish traffic control as follows:
That there shall be no parking on both sides of Sturgeon
Avenue from the intersection of N. Saginaw northward for a distance of 270
feet.
is hereby made
permanent. (Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brown:
RESOLVED, that Traffic Control Order No.
R-11-04 filed November 16, 2011 pursuant to Chapter 24 of the Code of
Ordinances to establish traffic control as follows:
That the speed limit on W. Main Street shall be 30 mph from Orchard to
290’ west of Orchard.
is hereby made permanent.
(Motion ADOPTED.)
The following resolution was offered by
Councilman Wazbinski and seconded by Councilman Brooks:
WHEREAS, City Council adopted a resolution on December 17, 2007 that
allows the Purchasing Agent to purchase full tankers of unleaded gasoline and
diesel fuel exceeding $20,000, and seek approval for the purchase at the next
City Council meeting; and
WHEREAS, City Council reviewed the process on December 21, 2009 and
decided to continue as it still provides a significant cost savings to the
City; and
WHEREAS, the volatility of the fuel market does not allow for staff to
follow the usual sealed bid process for purchases exceeding $20,000; and
WHEREAS, staff instead uses a competitive bid process whereby fuel
vendors fax in prices that are valid for a particular day with the bid awarded
to the lowest priced vendor; now therefore
RESOLVED, that the requirements for sealed proposals for the purchase
of fuel are waived due to the volatility of the fuel market; and
RESOLVED FURTHER, that the purchase of 12,795
gallons of Winter Blend diesel fuel from Karbowski Oil of Bay City, Michigan
for $37,999.87 executed by the Purchasing Agent on January 5, 2012, is hereby
approved. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for furnishing
bituminous materials; and
WHEREAS, funds have been provided in the Local and Major Street Fund
budgets; now therefore
RESOLVED, that the City Purchasing Agent is authorized to issue a
purchase order to Pyramid Paving & Contracting Co. of Bay City, Michigan
for furnishing and loading onto City trucks approximately 800 tons of
Bituminous Mixture #2 for hot mix patching at a cost of $51.20 per ton in
accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, sealed proposals were advertised
and received in accord with Article II of Chapter 2 of the Midland Code of
Ordinances for concrete and related materials; and
WHEREAS, sufficient funds are included in
the Operating Supplies line item in General Fund and Street Fund activities and
the total amount of purchases will not exceed the funding; now therefore
RESOLVED, that the City Purchasing Agent is
authorized to issue a purchase order to Elmers Crane and Dozer, Inc. of
Traverse City, Michigan for furnishing concrete and related materials at the
unit prices contained in their January 17, 2012 response to our Bid No. 3394 in
accord with the proposal and the City specifications. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, sealed proposals were advertised and received in accord with
Article II of Chapter 2 of the Midland Code of Ordinances for furnishing 22A
Crushed Limestone; and
WHEREAS, funds have been provided in the General Fund and Local and
Major Street Fund budgets; now therefore
RESOLVED, that the City Purchasing Agent is authorized to issue a
purchase order to Bunting Sand & Gravel Products, Inc. of West Branch,
Michigan for delivering approximately 2,500 tons of 22A Crushed Limestone at a
cost of $11.75 per ton in accordance with the proposal and City specifications. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, the City of Midland contracted with Yeo & Yeo PC, CPAs to
conduct its annual financial and compliance audit for the year ended June 30,
2011; and
WHEREAS, the fixed asset conversion occurred during the fiscal year that
caused Yeo & Yeo PC, CPAs to spend additional time on audit procedures in
order to complete the City of Midland’s June 30, 2011 annual financial and
compliance audits; and
WHEREAS, the total year-end auditing and accounting costs of $45,430
exceed authorization previously provided by City Council by $1,470 and,
therefore, require additional City Council approval; and
WHEREAS, there is sufficient funding in the Finance Department’s 2011-12
budget to pay the additional charges; now therefore
RESOLVED, that purchase order number 2012-00001993 to Yeo & Yeo PC,
CPAs, for payment of year-end auditing services is increased to $45,430 to
provide funding for additional costs incurred in connection with 2011 fiscal
year. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, the City’s landfill engineering consultant, CTI and Associates, Inc. (CTI) of Wixom, routinely assists Landfill staff with general engineering support, which includes work to review special waste profiles, support with regulatory issues that arise through site and reporting reviews by the Michigan Department of Environmental Quality (MDEQ), survey work, and small design projects; and
WHEREAS, each year funds are budgeted for general engineering support, and an administratively approved purchase order is made to CTI in the amount of $20,000.00; and
WHEREAS, due to the addition of the gas collection system at the Landfill, regulatory requirements have expanded significantly this year resulting in increased operating overhead; and
WHEREAS, funding for general engineering assistance is budgeted in the 2011/12 Landfill accounts 517.8110.80.002 – Professional Services and 517.8110.81.004 – Testing; now therefore
RESOLVED, that an increase of $64,000.00
to the existing purchase order of $20,000.00 to CTI and Associates, Inc., bringing the total purchase order to $84,000.00,
to continue providing general engineering, design, and regulatory compliance
support is hereby authorized. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, the City Gas-To-Energy (GTE) System
has been in operation since spring 2011, and has been extensively monitored and
fine-tuned to bring the system to an efficient level; and
WHEREAS, the December billing period (32
days) resulted in the highest production month to date at 825,196 kWh, with
approximately three days of total downtime, which translated to $61,000.00
being billed to Dow Chemical for the sale of the energy; and
WHEREAS, much of the GTE System downtime
since beginning operations has been due to issues relating to the landfill gas
preparation stage at the Compressor Facility, located at the City’s Landfill;
and
WHEREAS, at each phase of the GTE project,
the City has been supported by its engineering consultant, CTI &
Associates, including support throughout the extended GTE break-in period; and
WHEREAS, there remain several important
requirements needing engineering support to finalize the GTE project, 1)
continued reporting requirements for the $10,000,000.00 State Revolving Fund
Loan, 2) preparation and attendance for the project audit with Michigan
Department of Environmental Quality; 3) one-time generator engines emissions
testing, as required by the State of Michigan for the City’s air emissions
permit; and
WHEREAS, an increase of $26,000.00 to the existing purchase order with CTI to
finalize the multi-year GTE project is necessary; and
WHEREAS, funds are
available in projects RE1001–Compressor Facility and RE1003–Generator Facility; now therefore
RESOLVED, that an increase of $26,000.00 to the existing purchase order of
$873,563.00 to CTI & Associates, is hereby approved, bringing the total
purchase order to $899,563.00 to provide extended engineering support
for the Gas-To-Energy Project, including support for the regulatory audit to
close the State Revolving Fund loan, and for a one-time engines emission
testing for both GTE generator engines. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, the Target Corporation has appealed the assessment of real
property for the 2009, 2010 and 2011 tax years with the Michigan Tax Tribunal;
and
WHEREAS, the law firm of Braun, Kendrick, Finkbeiner, P.L.C. has been
retained in assisting the City of Midland in its legal defense of this appeal;
and
WHEREAS, the cost of said services is expected to exceed $20,000 and,
therefore, approval of the
WHEREAS, sufficient budgetary funding exists within the 2011-2012 Legal
Fees budget for general tax appeal cases; now therefore
RESOLVED, that the above-referenced services are hereby determined to
be professional services within the meaning of Section 2-19 of the Code of
Ordinances and do not require sealed proposals; and
RESOLVED FURTHER, that authorization for payment to the legal firm of
Braun, Kendrick, Finkbeiner, P.L.C. for their
assistance in connection with the aforementioned appeal is hereby authorized in
an amount not to exceed $65,000. (Motion
ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
WHEREAS, a public
hearing was held by the
WHEREAS, a copy of
the Zoning Ordinance revisions may be reviewed at the
RESOLVED, that
notice is hereby given that a public hearing will be held by the City Council
on Monday, February 20, 2012, at 7:00 p.m. in the Council Chambers, City Hall,
for the purpose of considering the revised Zoning Ordinance; and
RESOLVED
FURTHER, that the City Clerk is hereby directed to publish said notice on
February 4, 2012.
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.
The City of
Midland Ordains:
Section 1. That the Zoning
Ordinance being Ordinance No. 1585 of the City of Midland is hereby amended to
read as follows.
(see attached)
Section 2. All Ordinances or
parts of Ordinances in conflict herewith are hereby repealed only
to
the extent necessary to give this Ordinance full force and effect.
Section
3.
This Ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
City Contract Planner Cindy Winland presented information on Zoning
Petition No. 577 – rezoning property located at 4515, 4517 and 4521 Dublin
Avenue and 5501 North Saginaw Road from Industrial A to Residential A-1 zoning
and property at 4411, 4415 and 4505 Dublin Avenue from Limited Commercial,
Manufacturing and Research to Residential A-1 zoning. The following resolution was then offered by
Councilman Adams and seconded by Councilman Brown:
WHEREAS, 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, February 20, 2012, 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
or before February 3, 2012 and to publish said notice on February 4, 2012.
ORDINANCE NO. ______
AN
ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND
RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS
DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF
BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF
YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND
LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO
DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY
AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL A-1 ZONING WHERE AN INDUSTRIAL
A AND LIMITED COMMERCIAL MANUFACTURING AND RESEARCH 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:
4517 Dublin Avenue – Parcel A
THE NORTH 35 RODS
OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N R1E, LYING SOUTH OF
THE C & O RAILROAD RIGHT OF WAY, EXCEPT COMMENCING AT A POINT 50 FEET SOUTH
OF THE INTERSECTION OF THE EAST SECTION LINE OF SAID SECTION 12 WITH THE
SOUTHWESTERLY LINE OF THE RIGHT OF WAY OF THE FLINT AND PERE MARQUETTE
RAILROAD, THENCE NORTHWESTERLY PARALLEL WITH SAID RAILROAD 15 RODS; THENCE
SOUTH TO A POINT 35 RODS SOUTH OF THE NORTH LINE OF SAID SECTION 12; THENCE
EAST TO THE EAST LINE OF SAID SECTION; THENCE NORTH ON SAID EAST SECTION LINE
TO THE PLACE OF BEGINNING. EXCEPT A
PARCEL OF LAND IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N, R1E,
DESCRIBED AS: BEGINNING SOUTH 575.59
FEET ALONG THE EAST SECTION LINE, AND NORTH 57 DEGREES 13 MINUTES 00 SECONDS
WEST 247.50 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE NORTH 57
DEGREES 13 MINUTES 00 SECONDS WEST 162.00 FEET; THENCE SOUTH 06 DEGREES 07 MINUTES
57 SECONDS WEST 241.53 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS EAST
162.00 FEET; THENCE NORTH 151.91 FEET PARALLEL WITH THE EAST SECTION LINE TO
THE PLACE OF BEGINNING. EXCEPT PART OF THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF
SECTION 12, T14N, R1E, CITY OF MIDLAND, MIDLAND COUNTY, STATE OF MICHIGAN,
DESCRIBED AS: BEGINNING SOUTH 00 DEGREES
00 MINUTES 00 SECONDS WEST, ALONG THE EAST SECTION LINE, 559.65 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION 12; THENCE CONTINUING SOUTH 00 DEGREES 00
MINUTES 00 SECONDS WEST, ALONG SAID EAST SECTION LINE, 15.94 FEET TO A POINT
LYING 50 FEET SOUTH OF THE SOUTHERLY RIGHT-OF-WAY OF THE PERE MARQUETTE RAIL
TRAIL AS MONUMENTED; THENCE NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST,
PARALLEL TO SAID SOUTHERLY RIGHT-OF-WAY LINE, 247.50 FEET; THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS EAST, PARALLEL TO SAID EAST SECTION LINE, 10.85
FEET; THENCE SOUTH 58 DEGREES 13 MINUTES 6 SECONDS EAST, 244.78 FEET BACK TO
THE PLACE OF BEGINNING.
4521 Dublin Avenue – Parcel B
A PARCEL OF LAND
IN THE NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N, R1E, DESCRIBED
AS: BEGINNING SOUTH 575.59 FEET ALONG
THE EAST SECTION LINE, AND NORTH 57 DEGREES 13 MINUTES 00 SECONDS WEST 247.50
FEET FROM THE NORTHEAST CORNER OF SAID SECTION 12; THENCE NORTH 57 DEGREES 13
MINUTES 00 SECONDS WEST 162.00 FEET; THENCE SOUTH 06 DEGREES 07 MINUTES 57
SECONDS WEST, 241.53 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 00 SECONDS EAST
162.00 FEET; THENCE NORTH 151.91 FEET PARALLEL WITH THE EAST SECTION LINE TO
THE PLACE OF BEGINNING.
4515 Dublin Avenue – Parcel C
PART OF THE
NORTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 12, T14N R1E, CITY OF MIDLAND,
MIDLAND COUNTY, STATE OF MICHIGAN, DESCRIBED AS: BEGINNING S 00 DEGREES 00 MINUTES 00 SECONDS
W, ALONG THE EAST SECTION LINE, 559.65 FEET FROM THE NORTHEAST CORNER OF SAID
SECTION 12; THENCE CONTINUING S 00 DEGREES 00 MINUTES 00 SECONDS W, ALONG SAID
EAST SECTION LINE, 15.94 FEET TO A POINT LYING 50 FEET SOUTH OF THE SOUTHERLY
RIGHT OF WAY LINE OF THE PERE MARQUETTE RAIL TRAIL AS MONUMENTED; THENCE N 57
DEGREES 13 MINUTES 00 SECONDS W, PARALLEL TO SAID SOUTHERLY RIGHT OF WAY LINE,
247.50 FEET; THENCE N 00 DEGREES 00 MINUTES 00 SECONDS E, PARALLEL TO SAID EAST
SECTION LINE, 10.85 FEET; THENCE S 58 DEGREES 13 MINUTES 06 SECONDS E, 244.78
FEET BACK TO THE PLACE OF BEGINNING.
COMMENCING AT A
POINT 50 FEET SOUTH OF THE INTERSECTION OF THE EAST SECTION LINE OF SECTION 12,
T14N R1E, WITH THE SOUTHWESTERLY LINE OF THE RIGHT-OF-WAY OF THE FLINT AND PERE
MARQUETTE RAILROAD, RUNNING THENCE NORTHWESTERLY PARALLEL WITH SAID RAILROAD 15
RODS, THENCE SOUTH TO A POINT 35 RODS SOUTH OF THE NORTH LINE OF SAID SECTION
12, THENCE EAST TO THE EAST LINE OF SAID SECTION; THENCE NORTH ON SAID EAST
SECTION LINE TO THE POINT OF BEGINNING.
4505 Dublin Avenue – Parcel D
ALL THAT PART OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 14
NORTH, RANGE 1 EAST, DESCRIBED AS COMMENCING AT A POINT 32 RODS WEST OF THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION AND RUNNING THENCE NORTH 25 RODS; THENCE EAST 32 RODS TO THE EAST LINE
OF SAID SECTION; THENCE NORTH ALONG SAID EAST LINE 20 RODS; THENCE WEST 80
RODS; THENCE SOUTH 45 RODS TO THE NORTH 1/8 LINE OF SAID SECTION; AND THENCE
EAST ALONG SAID 1/8 LINE OF SAID SECTION 48 FODS TO THE PLACE OF BEGINNING;
TOGETHER WITH, AND SUBJECT TO, HOWEVER, ALL SUCH APPLICABLE CONDITIONS,
COVENANTS, EASEMENTS, AND RESTRICTIONS, IF ANY, AS RESPECTIVELY ARE OF RECORD;
AND SUBJECT, MOREOVER, AND FINALLY TO THE EXCEPTION AND THE RESERVATION
THEREFROM UNTO THE STATE OF MICHIGAN OF CERTAIN RIGHTS THEREIN DESCRIBED BY
OPERATION OF THE MICHIGAN DEPARTMENT OF CONSERVATION MARCH 25, 1935 HOMESTEAD
TAX DEED, OF RECORD IN MIDLAND COUNTY (MICHIGAN) REGISTRY DEED LIBR 114 ON PAGE
230; (SAID PARCEL CONTAINING 17.5 ACRES, MORE OR LESS).
4415 Dublin Avenue – Parcel E
BEG 330 FT N OF SE
COR OF NE ¼ OF NE ¼ TH N 82.5 FT W 528 FT S 82.5 FT E 528 FT TO POB SEC 12 T14N
R1E
4411 Dublin Avenue – Parcel F
BEG 165 FT N OF SE
COR OF NE ¼ OF NE ¼ TH N 165 FT W 528 FT S 165 FT E 528 FT TO POB SEC 12 T14N
R1E
5501 North Saginaw Road – Parcel G
SE ¼ OF SE ¼ LYING S OF PM RR SEC 1
T14N R1E
Be, and the same is hereby changed to Residential A-1.
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 Wazbinski and
seconded by Councilman Brown:
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, February 13, 2012, in the Council Chambers of City Hall on the proposal to amend the Civic Arena Fund budget to recognize $76,200 of unanticipated revenue in the form of a refund from the Equipment Revolving Fund, and to increase capital expenditures to allow these funds to be used towards the purchase of a new Zamboni. (Motion ADOPTED.)
The following resolution was offered by Councilman Wazbinski and
seconded by Councilman Brown:
RESOLVED, that an application dated January
20, 2012, was received Tuesday January 24, 2012, 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 exemption certificate
within The Dow Chemical Company Plant Rehabilitation District No.1 relating to
new real and personal property to utilize buildings 948, 941 and 489 at
Michigan Operations for the production of two 4-D agricultural herbicide
products. The project, named NexD will
retrofit and install all necessary process instrumentation, piping, pumps and
equipment for expanded production calls and to extend the life of the
facilities. Project NexD, calling for
the spending of $12,096,000 of real
property and $94,938,000 of personal property, totaling $107,034,000, is hereby
acknowledged received and ordered placed on file in the City Clerk's office;
and
RESOLVED FURTHER, that a hearing shall be
held before the City Council on Monday, February 13, 2012, at 7:00 p.m., in the
Council Chambers of the 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 Wazbinski and
seconded by Councilman Brown:
RESOLVED, that an application dated January
20, 2012, was received Tuesday January 24, 2012, 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 exemption
certificate within The Dow Chemical Company Plant Rehabilitation District No.1
relating to new real and personal property to retrofit Building 1 at Michigan
Operations for the production of a new agricultural herbicide molecule. The project, named FLASH, will retrofit and
install all necessary process instrumentation, piping, pumps and equipment for
production as well as a warehouse expansion for additional storage capacity.
Project FLASH, calling for the spending of $4,045,000 of real property and
$20,955,000 personal property, totaling $25,000,000, is hereby acknowledged
received and ordered placed on file in the City Clerk's office; and
RESOLVED FURTHER, that a hearing shall be
held before the City Council on Monday, February 13, 2012, at 7:00 p.m., in the
Council Chambers of the 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 Wazbinski and seconded
by Councilman Brown:
RESOLVED, that an application dated January
20, 2012, was received Tuesday January 24, 2012, from Advanced Electrolyte
Technologies (USA) 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 exemption certificate within The
Dow Chemical Company Plant Rehabilitation District No.1 relating to new real
and personal property to modify Building 1353 and construct Building 1353A at
Michigan Operations for the production of formulated electrolytes. The project, named Loons, will design,
purchase and install all necessary process instrumentation, piping, pumps, and
equipment for production of electrolytes. Project Loons, calling for the spending
of $4,718,180 of real property and $20,630,820 personal property, totaling
$25,349,000, is hereby acknowledged received and ordered placed on file in the
City Clerk's office; and
RESOLVED FURTHER, that a hearing shall be
held before the City Council on Monday, February 13, 2012, at 7:00 p.m., in the
Council Chambers of the 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 9:30 p.m.
______________________________________
Selina
Tisdale, City