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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
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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
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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
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Required front
or side street yard setback |
4 feet |
|
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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:
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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
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
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
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.
______________________________________
Selina
Tisdale, City