February 20, 2012

 

A regular meeting of the City Council was held on Monday, February 20, 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.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the February 13, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

ZONING PETITION NO. 577

City Planning Contractor Cindy Winland presented information on Zoning Petition No. 577 – rezoning property 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.  A public hearing opened at 7:10 p.m.  Developer Tim Lyons, 300 Heckele Street, Laurium, MI, spoke regarding the project.  Speaking in opposition to the petition was Teresa Vinson-Dopp, 4215 Dublin Avenue.  The public hearing closed at 7:25 p.m.  The following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

ORDINANCE NO. 1725

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.  (Ordinance ADOPTED.)

 

ZONING ORDINANCE REVISIONS

City Planning Contractor Cindy Winland presented information on revisions to the City of Midland Zoning Ordinance No. 1585, adopted November 8, 2004.  A public hearing opened at 7:30 p.m., recognizing no public comments, the hearing closed at 7:30 p.m.  The following ordinance amendment was then offered by Councilman Brown and seconded by Councilman Brooks:

 

ORDINANCE NO. 1726

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 sections 2, 3, 3.01 C, 3.2, 5, 5.01 B 5, 5.01 B 6, 5.3, 7, 7.01 E, 7.1, 7.03 A, 7.03 B, 7.03 C, 8, 8.1, 9, 9.02 I 1, 21, 21.04 B, 23, 23.1, 27, 27.03 B, 28, and 28.02 A,

are amended to read as follows.

ARTICLE 2.00

RULES OF CONSTRUCTION

AND DEFINITIONS

TRANSITIONAL HOUSING:  An establishment with administrative supervision that provides, through permanent facilities and guidance personnel, resident beds, structured or supervised peer group living and limited programming emphasizing social rehabilitation with support and guidance toward the goals of independent living as they transition from institutional living. Transitional housing also includes Emergency Shelter housing which is safe housing provided for those who are homeless or those who are fleeing situations of domestic or sexual violence.  In these situations, the housing is treated as the individuals’ home with staffing and services available.

ARTICLE 3.00

GENERAL PROVISIONS

Section 3.01 ‑‑ ADMINISTRATIVE REGULATIONS

C.        Relationship to Other Ordinances or Agreements

Except as noted in Section 32.02, this Ordinance is not intended to repeal or annul any ordinance, rule, regulation, permit, easement,  covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this Ordinance.

However, where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this Ordinance shall govern.

Where applicable, this ordinance incorporates all aspects of the Tri City Area Joint Airport Zoning Ordinance, as amended, into its requirements.

Notes Related to Table 3.2

3.         Paved Terraces, Open Porches, Patios, Decks, and Steps

Open paved terraces, open porches, patios, decks, and steps above grade may project into a yard subject to the following conditions:

a.    Such structure shall not be located closer than ten (10) feet from the front or street lot line.

b.    Such structure shall not be located closer than ten (10) feet from the rear lot line.

c.    Such structure shall not be located closer than six (6) feet from any accessory building.

d.    Such structure shall not be located closer than five (5) feet from the side lot line.

e.    Open porches existing at the time of adoption of this ordinance, meeting Items a. – d. of this section, and not exceeding 6’ in depth may be covered but not enclosed.

ARTICLE 5.00

PARKING AND LOADING

Section 5.01 -- OFF‑STREET PARKING REQUIREMENTS

B.      General Requirements

In all zoning districts, off‑street vehicle parking facilities shall be provided and maintained as herein prescribed:

5.    Access to Parking Located in a Parking Lot

Each off‑street parking space in a parking lot shall open directly onto a clearly‑defined aisle or driveway of sufficient width and design as to provide safe and efficient access to or from a public street, private street, or alley in a manner that will least interfere with the smooth flow of traffic. 

a.    Parking designed for backing directly onto a street or road is prohibited.

b.    Access to off‑street parking which serves a non‑residential use shall not be permitted across land that is zoned or used for residential purposes.

6.    Collective Use of Off‑Street Parking

Off‑street parking for separate buildings or uses may be provided collectively subject to the following:

a.    The total number of spaces provided collectively shall not be less than the sum of spaces required for each separate use, unless the operating hours of the buildings or uses do not overlap, in which case the total number of spaces may be reduced to a number deemed reasonable based on the characteristics of the buildings or uses. In the case of new development or redevelopment, shared access and/or shared parking may be required at the time of site plan review in order to further the access management goals of the zoning ordinance as described in Section 3.1. 

Table 5.3: SCHEDULE OF MINIMUM REQUIRED OFF-STREET PARKING

Homes for the Aged, and Children’s Homes

One (1) space per 3 beds

ARTICLE 7.00

WALLS AND FENCES

Section 7.02 ‑‑ OBSCURING WALLS AND FENCES

E.         Wall or Fence Height

The height of the wall or fence shall be measured from the average of the natural grade at a distance from 5 feet from each side of the wall or fence.  Fill or berms shall not be permitted for the purpose of achieving a higher fence than otherwise would be permitted.

Table 7.1:  REQUIRED OBSCURING WALL OR FENCE HEIGHT

Required front or side street yard setback

 

 4 feet

 

Residential District

6 feet

May not exceed 4 feet in any front yard. The front yard extends from the front property line to the front face of the principal structure.

b.         The Planning Director shall have the discretion to permit fences over 8’ to serve institutional or recreational uses or meet safety considerations for recreational uses and to permit fences up to 6’ in the required street side yard.

Section 7.03 -- WALLS AND FENCES IN RESIDENTIAL DISTRICTS

Fences in Residential Districts may be located in the required front, side or rear yard subject to the following requirements:

A.      Height

All fences shall not exceed six (6) feet in height above grade except for the following:

1.        Fences located in required front or side street yards shall not exceed four (4’) feet in height above grade.

2.        Fences located outside of the required front yard and in front of the principle structure shall be at least 50% non opaque in nature and constructed so as not to create the appearance of a wall in the front of the house.

3.      Fences along a lot line adjacent to an expressway may be twelve (12) feet in height.  Construction details for any wall or fence taller than six (6) feet shall be submitted to the Building Department for evaluation with the permit application.

B.      Fence Design

1.          Fences and walls in the required front yard setback may be obscuring if they do not exceed  four (4’) feet in height.

2.          Temporary fences not associated with construction are prohibited. 

C.      Walls in Residential Districts

Walls shall be permitted in residential districts, subject to the following requirements:

          1.       General Standards

The maximum wall height shall not exceed six (6) feet, measured from ground level adjacent to the wall. Fill or berms shall not be permitted for the purpose of achieving a higher wall than otherwise would be permitted.  When a wall and a berm are built in combination, the total height shall not exceed six (6) feet in height above grade.

          2.       Walls in Front and Side Street Yards

Walls in front and side street yards shall not exceed four (4’) feet in height above grade.


ARTICLE 8.00

SIGNS

TABLE 8.1: TEMPORARY SIGN STANDARDS

Footnotes

        [d]                The temporary garage sale signs may be located in the area between the curb or road edge and the property line (the outlawn).  Signs located in the right of way

1.    May not exceed 30” in height above the level of the crown of the road. 

2.   Each sign must have the owner’s name and address on it.

3.    Permission from the property owner must be obtained.

4.    Signs in the right of way must not obstruct vehicular or pedestrian traffic.

5.    Signs may be placed in the right of way from 8:00am Thursday until 8:00am Monday the week of the sale.  Signs must be removed by 8:00am Monday.

ARTICLE 9.00

SITE DEVELOPMENT STANDARDS FOR SPECIFIC USES

Section 9.02 -- SITE DEVELOPMENT STANDARDS FOR NON-RESIDENTIAL USES

I.        Nursing Homes, Convalescent Homes, Residential Treatment Centers, Transitional Housing and Day Shelters

The following regulations shall apply to Nursing Homes, Convalescent Homes, Residential Treatment Centers, Transitional Housing and Day Shelters:

1.       Location and number

Nonresidential uses as listed in this section may not be located within one thousand (1000’) feet of a school or Day Care Center, excluding Nursing and Convalescent Homes.  No more than one nonresidential use may be located in a block, as defined by this ordinance.

ARTICLE 21.00

NC -NEIGHBORHOOD COMMERCIAL DISTRICT

CC - COMMUNITY COMMERCIAL DISTRICT

RC - REGIONAL COMMERCIAL DISTRICT

D - DOWNTOWN DISTRICT

D-O - DOWNTOWN OVERLAY DISTRICT

C - CIRCLE DISTRICT

DNO - DOWNTOWN NORTHSIDE OVERLAY DISTRICT

Section 21.04 --         DOWNTOWN NORTHSIDE OVERLAY DISTRICT DEVELOPMENT STANDARDS

B.         Site Design Requirements

d.         No parking space or maneuvering land shall be permitted within ten (10) feet of any street property line.  or within ten (10) feet of any lot line abutting any Office Service, or Community District lot line.

ARTICLE 23.00

INDUSTRIAL DISTRICTS

Table 23.1:  TABLE OF PERMITTED USES

C.  Other Permitted Uses:

Auto and Auto parts sales

P

ARTICLE 27.00

SITE PLAN REVIEW

Section 27.03 -- SITE PLAN REVIEW APPLICATIONS AND PROCEDURES

B.        Submission of Site Plan for Formal Review and Approval

In order to initiate formal review by the Planning Commission, the applicant shall submit the following materials:

2.     Six (6) legible copies of the site plan on sheets at least 24 inches by 36 inches, two (2) copies of the site plan on sheets at least 11 inches by 17 inches, and one (1) digital copy of the site plan that includes a colored rendering of the site plan and elevations. when available.

ARTICLE 28.00

CONDITIONAL LAND USE

Section 28.02 – PROCEDURES AND REQUIREMENTS

A.                                 Public Hearing Required

A public hearing shall be scheduled and held by the Planning Commission before a recommendation is made on a conditional land use request.  One notice of the public hearing shall be published in a newspaper which circulates in the City, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet.  The notice shall be given not less than 15 days before the date the application will be considered, in accordance with the provisions in  Sec. 502 (2) of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended.  The notice shall:

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.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

Dick McCreadie, 601 S. Saginaw Road, spoke regarding the county road millage renewal.

Dr. Eugene Moore, 5600 Woodview Pass, spoke in opposition to the MDOT-proposed roundabout at Business Route-10.

Walt Rupprecht, 6109 Thornberry Court, spoke in support of Dr. Moore’s comments.

Dick McCreadie, 601 S. Saginaw Road, spoke regarding the roundabout funding.

Scott Walker, Midland Tomorrow, announced the launch of an executive leadership opportunity program providing funding for a non-elected-official training program.

 

HAWK’S NEST – PRELIMINARY PLAT TENTATIVE APPROVAL

City Planning Contractor Cindy Winland presented information on the tentative and final approval of the preliminary plat of Hawk’s Nest, a residential subdivision of 62 lots on 30.4 acres west of Dublin Avenue and south of North Saginaw Road.  Developer Tim Lyons spoke in favor of the development.  Jon Ledy, Apex Engineers, described the development project.  Teresa Vinson-Dopp, spoke in opposition to the development.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Hawk’s Nest; and

WHEREAS, a recommendation has been received from the City Planning Commission for the approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby gives tentative approval to the Preliminary Plat of Hawk’s Nest, contingent upon the following conditions:

1.     The storm water detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

2.     All landscaping shall comply with Article 6 of the Zoning Ordinance.

3.     All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

4.     All exterior signage shall comply with Article 8 of the Zoning Ordinance.

5.     The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

6.     A subdivision contract for detention access and maintenance is executed between the developer and the City.

(Motion ADOPTED.)

 

HAWK’S NEST – PRELIMINARY PLAT FINAL APPROVAL

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

 

WHEREAS, the City Council has reviewed the Preliminary Plat of Hawk’s Nest; and

WHEREAS, a recommendation has been received from the City Planning Commission for the approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; now therefore

RESOLVED, that the City Council hereby gives final approval to the Preliminary Plat of Hawk’s Nest, contingent upon the following conditions:

1.      The storm water detention system is designed and constructed in accordance with the City of Midland Engineering Department specifications.

2.      All landscaping shall comply with Article 6 of the Zoning Ordinance.

3.      All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

4.      All exterior signage shall comply with Article 8 of the Zoning Ordinance.

5.      The location, access and flow of any proposed fire hydrants and water service shall be in accordance with the City of Midland Fire Department and City of Midland Utility Department specifications.

6.      A subdivision contract for detention access and maintenance is executed between the developer and the City.

(Motion ADOPTED.)

 

2012 ANNUAL SIDEWALK REPORT

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

 

RESOLVED, that in accord with Section 22-16 of the Code of Ordinances, the 2012 Annual Sidewalk Report is hereby received and is ordered filed in the City Clerk's Office.  (Motion ADOPTED.)

 

CIVIC ARENA DEFICIT ELIMINATION PLAN

Assistant City Manager for Financial Services David Keenan presented the deficit elimination plan for the Civic Arena.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

WHEREAS, the City of Midland’s Civic Arena Fund has an Unrestricted Net Asset deficit balance of $797,115, as of June 30, 2011; and

WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan be formulated by the local unit of government and be filed with the Michigan Department of Treasury: now therefore

RESOLVED, that the City of Midland’s City Council adopts the following as the Civic Arena Fund Deficit Elimination Plan:

(Motion ADOPTED.)

 

SITE PLAN NO. 309 – AUTUMN BROOKE TOWN HOMES

City Planning Contractor Cindy Winland presented Site Plan No. 309 – Autumn Brooke Town Homes – for 68 town house units located at 405 Joseph Drive on 9.82 acres.  The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 309, the request of Kloha Properties for site plan review and approval of Autumn Brooke Town Homes, for 68 town house units, located at 405 Joseph Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 309 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 309, contingent upon the following:

      1.   The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   A soil and sedimentation control plan must be submitted.

      6.   Add three additional parking spaces and move the handicapped space on the west side of the property to the east end of the excess parking area. 

(Motion ADOPTED.)

 

SITE PLAN NO. 311 – ECO BIOPLASTICS PLANT

The following resolution was offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 311, the request of Gerace Construction for site plan review and approval of ECO Bioplastics Plant, to construct 17,200 square feet of warehouse space, 17,200 square feet of manufacturing and 5,568 square feet of office space, located at 4037 South Saginaw Road, on 6.54 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 311 in accord with the provisions set forth in Sections 27.02(A) and 27.06(A) of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 311, contingent upon the following:

      1.   The storm water management methods are designed and constructed in accordance with the City of Midland Engineering Department specifications.

      2.   All landscaping shall comply with Article 6 of the Zoning Ordinance.

      3.   All exterior lighting shall comply with Section 3.12 of the Zoning Ordinance.

      4.   All exterior signage shall comply with Article 8 of the Zoning Ordinance.

      5.   A soil and sedimentation control plan must be submitted.

(Motion ADOPTED.)

 

BROADHEAD ESTATES – FINAL APPROVAL OF PRELIMINARY PLAT TIME EXTENSION

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

 

WHEREAS, the City Council has received a request from Prodo, Inc., proprietor of Broadhead Estates Subdivision, requesting a two-year extension of final approval for the Preliminary Plat of Broadhead Estates Subdivision; and

WHEREAS, Final Approval of the Preliminary Plat will expire on June 14, 2012; and

WHEREAS, the City Council has reviewed the request for extension of the Final Approval of the Preliminary Plat of Broadhead Estates Subdivision to June 14, 2014; now therefore

RESOLVED, that the City Council does hereby approve the time extension for approval until June 14, 2014, for the Final Approval of the Preliminary Plat of Broadhead Estates Subdivision. (Motion ADOPTED.)

 

MDOT CONTRACT 2008-0252 AMENDMENT (Fuel Tank at Barstow Airport)

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

WHEREAS, the City Engineer has submitted a report indicating that the MDOT Bureau of Aeronautics has agreed to amend Contract No. 2008-0252 for extra work associated with a  fuel tank installation  at Jack Barstow Airport; and

WHEREAS, the City of Midland supports the contract amendment; and

WHEREAS, the additional cost to the city is $245 based on a participation rate of 2.5% of the actual cost; now therefore

RESOLVED, that the City Council hereby approves the proposed contract amendment and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland.  (Motion ADOPTED.)

 

CPI ENGINEERING SERVICES, INC. – IFT APPLICATION

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

 

RESOLVED, that an application dated February 3, 2012, was received February 9, 2012, from CPI Engineering Services, Inc., 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 Expanded Design Craftsmen, Inc. Industrial Development District No. 1 and the STOX Industrial Development District No. 1 relating to new real and personal property. The real property component of $1,250,000 is for an addition to connect to the building at 2300 James Savage. The addition will allow for safe and efficient transportation between buildings.  The personal property component of $131,000 is for manufacturing and building security equipment. The project will create new opportunities to increase the small packaging business, allow for cost efficient competition in the global market, and create 7 to 10 full-time positions over a two-year period.  The request made by CPI Engineering Services, Inc., 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, March 12, 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 9:15 p.m.

 

 

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            Selina Tisdale, City Clerk