November 14, 2011

 

A regular meeting of the City Council was held on Monday, November 14, 2011, at 7:00 p.m. in the Council Chambers of City Hall.  Selina Tisdale, City Clerk, opened the council meeting and invited those assembled to recite the Pledge of Allegiance to the Flag.

 

The roll of those elected to the office of Councilman in each of the City’s wards was then called:

                                        Ward I           Thomas W. Adams – present

                                        Ward II          Maureen Donker - present

                                        Ward III         J. Dee Brooks – present

                                        Ward IV         Diane Brown – present

                                        Ward V          Marty A. Wazbinski – present

 

Selina Tisdale then administered the Oath of Office to each Councilman.

 

SELECTION PROCESS OF MAYOR AND MAYOR PRO TEM

Per City Charter the Council at its first regular meeting following each regular biennial city election shall select one of its members to serve as Mayor and one of its members to serve as Mayor Pro Tem.  The Mayor shall be recognized as the executive head of the city and has an equal voice and vote in the proceedings of the Council.   The Mayor Pro Tem shall perform the duties of the Mayor when, on account of absence from the city, disability, or otherwise, the Mayor is temporarily unable to perform the duties of his office.   The Mayor Pro Tem shall preside over the meetings of the Council at the call of the Mayor.

 

Selina Tisdale, City Clerk, instructed that a written but public ballot could be used to elect the Mayor and Mayor Pro Tem, if Council so desired, or the appointment could be made by a motion of one Councilman and seconded by another.  The newly-elected Council agreed that the election of Mayor and Mayor Pro Tem would be made by a motion.

 

MAYOR SELECTION

The role of the Mayor was summarized and the selection of the Councilman to that position was considered.  Councilman Brooks moved, seconded by Councilman Adams, that Maureen Donker be selected as Mayor.  The following resolution was then presented for consideration:

 

RESOLVED, that Maureen Donker is hereby selected to serve as Mayor of the City of Midland for the 2011-2013 term.  (Motion ADOPTED.)

 

MAYOR PRO TEM SELECTION

The selection of the Mayor Pro Tem was then considered.  Councilman Adams moved, seconded by Councilman Brown, that Councilman Wazbinski be named as Mayor Pro Tem.  The following resolution was then presented for consideration:

 

RESOLVED, that Marty Wazbinski is hereby selected to serve as Mayor Pro Tem of the City of Midland for the 2011-2013 term.  (Motion ADOPTED.)

 

Maureen Donker, selected by her peers to serve as Mayor, accepted the gavel from Selina Tisdale, City Clerk.

 

Mayor Donker then called for motions from Council to adopt Robert’s Rules of Order to govern the Council proceedings, adopt rules in recognition of the provisions of the Open Meetings Act, adopt rules in recognition of the provisions of the Freedom of Information Act and called for the appointing of councilmen to represent the City of Midland on the MBS International Airport Commission, the Midland Area Emergency Medical Board, and as the City of Midland’s Legislative Director.

 

ROBERT’S RULES OF ORDER

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

 

RESOLVED, that Robert’s Rules of Order Newly Revised edition, be and are hereby adopted to

govern, during the current term, the proceedings of the Midland City Council. (Motion ADOPTED.)

 

RULES IN RECOGNITION OF THE PROVISIONS OF THE OPEN MEETINGS ACT

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

 

RESOLVED, that this resolution shall supercede the City Council resolution dated November 9, 2009, and Sections 7 and 8 of the Open Meetings Act shall govern any proposed closed session of the City Council; and

RESOLVED FURTHER, that the following rules in recognition of the provisions of the Open Meetings Act are hereby adopted:

1.   Addressing Council Meetings:  Any person in attendance at a meeting of the City Council may address the Council any time his remarks are germane to the agenda item being discussed by the Council upon being recognized by the presiding officer.

          The agenda of every regular council meeting of the City shall include one agenda item described as either "public comment" or "new business".  The presiding officer shall recognize any person in attendance at the meeting under the provisions of these rules to speak under this agenda item on any subject upon which the Council may properly and lawfully take action.

          The presiding officer shall recognize members of the public for reasonable periods and under such conditions as the presiding officer may prescribe to prevent disruption of the business of the Council.

          The presiding officer shall not permit members of the public to discuss matters not germane to the agenda item being discussed nor shall the presiding officer permit obscene or insulting comments, actions or printed material.

          No person shall be permitted to address the Council unless recognized by the presiding officer and, upon such recognition, the person recognized shall speak at the microphone provided, if any, and give his name and address and disclose upon whose behalf he desires to address the Council if he is appearing in a representative capacity.

2.   Meeting Notices:  The City Clerk is hereby authorized and directed to make a reasonable estimate of the yearly cost of reproducing and mailing notices of all meetings of the City Council and, on an individual yearly basis, meeting notices for any board, commission, or committee of the City created by the ordinances of the City or resolution of the City Council.  Such reasonable estimated costs shall be filed in the office of the Clerk and shall be the charge made to a party making a written request for the same as provided in Section 6 (1) of the Open Meetings Act. 

However, no charge shall be made to any newspaper or radio and television station requesting such notices nor shall a charge be made to any party requesting meeting notices of the Council or of any single board, commission or committee.  A charge shall be made to a party, other than the news media, requesting annual notice for multiple types of meetings.

3.   Agendas:  Agendas published in advance and furnished to the City Clerk shall be provided to parties entitled to notice of public meetings pursuant to Sections 6 (1) and (2) of the Open Meetings Act and under the same provisions as part 2 above.

4.   Minutes:  The City Clerk shall determine the reasonable estimated cost of reproducing minutes of the City Council's meetings and the minutes of any board, commission and committee created by the ordinances of the City of resolutions of the City Council.  Such reasonable estimates of cost, based on four (4) cents per page plus the time required of the lowest paid, permanent, full‑time clerical employee of the Clerk's Office to retrieve and reproduce the requested minutes, calculated to the nearest one‑sixth of the hourly wage rate, shall be filed in the Clerk's Office.  There will be no charge for minutes when the cost is five dollars ($5.00) or less.  If the request for copies of minutes exceeds a total cost of five dollars ($5.00), the actual costs shall constitute the charge made pursuant to Section 9 of the Open Meetings Act.  (Motion ADOPTED.)

 

RULES - RECOGNITION OF THE PROVISIONS OF THE FREEDOM OF INFORMATION ACT

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

 

WHEREAS, subsection 6(1) of the Freedom of Information Act (the “Act”), MCL 15.231, et seq. provides that a public body that is a city shall designate an individual as its Freedom of Information Act Coordinator; and

WHEREAS, subsection 4(3) of the Act requires a public body to establish and publish procedures and guidelines to implement the assessing of costs under said Act; and

WHEREAS, section 10 of the Act provides for the establishment of appeals from denials; now therefore

RESOLVED, the City of Midland hereby adopts Public Act 442 of 1976, being MCL 15.231, et seq.; and

RESOLVED FURTHER, that the City Attorney is hereby designated as the City of Midland’s Freedom of Information Act Coordinator; and

RESOLVED FURTHER, that the City Council of the City of Midland hereby establishes the following procedures and guidelines pursuant to the Freedom of Information Act:

1.    The City Attorney is hereby designated as the Freedom of Information Act Coordinator for the City of Midland.  The City Attorney may designate other individuals to act on his or her behalf in accepting and processing requests for public records, and in approving a denial under Subsections 5(4) and 5(5) of the Act.

2.    Original public documents may be viewed on the premises at which they are located between regular business hours, which shall be Monday through Friday from 8:00 a.m. to 5:00 p.m., with an appointment.

3.    The City shall respond to a request within five (5) business days, as allowed under the Act, after receiving a request unless otherwise agreed to in writing by the person making the request or unless the City exercises its right under Section 5(2)(d) of the Act to extend its time to respond by an additional ten (10) business days.

4.    If a request is denied, an appeal process shall be set out in the denial response.

5.    Fees shall be charged for providing copies of public records.  In computing such fees, the following charges shall be assessed;

a.    The City will charge a fee for a public record search, for the necessary copying of a public record for inspection, or for providing a copy of a public record.

b.    The fee will be the actual mailing costs and the actual incremental cost of duplication including labor, the cost of search, examination, review, and the deletion and separation of exempt from nonexempt information.

c.    The cost of labor will be the hourly wage, including fringe benefits, of the lowest-paid employee capable of retrieving the information.

d.    The City will not charge for the cost of search, examination, review and deletion and separation of exempt from nonexempt information unless failure to do so would result in unreasonably high costs to the City because of the nature of the request in the particular instance and the City specifically identifies the nature of the unreasonably high costs.  The determination of whether costs incurred in responding to a request are unreasonably high shall be made relative to the usual or typical costs incurred by the City of responding to requests.

e.    The City will charge for the actual incremental cost of duplicating public records, which cost is currently twenty-five (25) cents per page.  The City will utilize the most economical means available for making copies of public records.

f.     A person requesting public records may choose to make arrangements with the City to examine records on site during normal business hours, particularly in cases where there is a large volume of materials.  To protect its public records from loss, unauthorized alteration, mutilation, or destruction, the City may require the presence of a City employee while a person examines original public records.  The City may charge the requesting person the labor cost of the City employee if the review is for an extended period of time and failure to charge for the cost of the employee would result in unreasonably high costs to the City.

g.    If the total fee is estimated to be more than $50.00, the City will require a good-faith deposit of one-half of the total fee.  The City will notify the person requesting the public records in writing of the estimated fee and deposit required.  Fees are required to be paid prior to the release of the public records.

h.    Fees up to $20.00 will be waived for requesters who submit an affidavit indicating they are on public assistance or are indigent.

i.      Fees may waived or reduced if the request is deemed by the City to be in the public interest.

6.    Procedures for processing a request shall be established by the Freedom of Information Act Coordinator, made available to the public, and updated as necessary.

 (Motion ADOPTED.)

 

MBS INTERNATIONAL AIRPORT COMMISSION APPOINTMENT

Councilman Wazbinski moved, seconded by Councilman Brown, to appoint Councilman Adams to the MBS International Airport Commission. The following resolution was then presented for consideration:

 

RESOLVED, that Thomas Adams be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Board of the MBS International

Airport Commission.  (Motion ADOPTED.)

 

MIDLAND AREA EMERGENCY MEDICAL BOARD APPOINTMENT

Councilman Donker moved, seconded by Councilman Adams, to appoint Councilman Brooks to the Midland Area Emergency Medical Board.  The following resolution was then presented for consideration:

 

RESOLVED, that J. Dee Brooks be designated and is appointed as the City Council’s representative for the duration of his current term of office to the Midland Area Emergency Medical Board.  (Motion ADOPTED.)

 

 

MIDLAND’S LEGISLATIVE DIRECTOR APPOINTMENT

Councilman Donker moved, seconded by Councilman Brooks, to appoint Councilman Brown as the City of Midland’s Legislative Director.  The following resolution was then presented for consideration:

RESOLVED, that Diane Brown be designated and is appointed as the City Council’s representative for the duration of his current term of office as the City of Midland’s Legislative Director.  (Motion ADOPTED.)

 

MINUTES

Approval of the minutes of the October 24, 2011 regular and October 31, 2011 special meetings was offered by Councilman Wazbinski and seconded by Councilman Adams.  (Motion ADOPTED.)

 

2011 FIRE FIGHTER OF THE YEAR

Midland Fire Chief Leonardo Garcia introduced a resolution recognizing Fire Truck Operator Mark Kloha as the 2011 Carl and Esther Gerstacker Fire Fighter of the Year.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that Midland Fire Department Fire Truck Operator Mark A. Kloha is hereby recognized for being selected by the Midland Exchange Club as their 2011 Carl and Esther Gerstacker Fire Fighter of the Year recipient.  (Motion ADOPTED.)  Mayor Donker presented Mark Kloha with the Certificate of Recognition.

 

2011 POLICE OFFICER OF THE YEAR

Midland Police Chief Gerald Ladwig introduced a resolution recognizing Jai Mahabir as the 2011 Carl and Esther Gerstacker Police Officer of the Year.  The following resolution was then offered by Councilman Brown and seconded by Councilman Wazbinski:

 

RESOLVED, that Midland Police Department Officer Jai Mahabir is hereby recognized for being selected by the Midland Exchange Club as their 2011 Carl and Esther Gerstacker Police Officer of the Year recipient.  (Motion ADOPTED.)   Mayor Donker presented Jai Mahabir with the Certificate of Recognition. 

 

SWEDE AVENUE BIKE LANE

Acting Director of Planning and Community Development Cindy Winland presented a request to consider installing a dedicated bike lane on both sides of Swede Avenue between E. Wackerly Street and E. Patrick Road.  Councilman Brown shared that she heard the discussion at the Planning Commission level as a member of the Planning Commission board.  City Attorney and City Council deemed there was no conflict.  The City’s consulting traffic engineer Steve Deering, with the consulting firm of OHM Engineering, spoke regarding the proposed bike lane structure.   A public hearing opened at 8:10 p.m.  Speaking in support of the bike lane request were David Waite, Chair of the Non-Motorized Transportation Committee (NMTC), Ken Andrews, Rolling Ridge Drive, member of the NMTC; Susan Dusseau, 4306 Swede Avenue.  Speaking in opposition to the proposed bike lane were George Yost, 5533 Swede Avenue; Kurt Borgman, 2511 Swede Avenue; Elaine Rapanos, 1400 Avalon, property owner at the corner of Swede and Eastlawn; Valiant Jones, 3313 Swede Avenue, spoke in favor of the bike lanes, but opposed the parking restrictions; Larry Pillepich, 3692 McKeith Court; Kevin Spencer, 4322 Swede Avenue, not opposed to the bike lane, opposed to the parking restrictions; Kent Southworth, 3409 Swede Avenue; John Geminder, 2215 Hillgrove Parkway; Greg Dorrien, 2910 Braley Court; Gus Kookootsedes, 2711 Swede Avenue; Kuan Birk, 3206 Swede Avenue; Larry Hert, 3400 Swede Avenue.  Wendell Dilling, 1810 Norwood Drive and David Waite spoke on behalf of the NMTC to close the public hearing.   The public hearing closed at 9:35 p.m. 

 

Council recessed from 9:35 p.m. to 9:45 p.m.

 

Councilman Brooks moved, seconded by Councilman Brown to amend the resolution that parking shall be permitted in accordance with applicable parking regulations as required by the City ordinance.  (Motion ADOPTED.  Yeas:  Adams, Brooks, Brown, Wazbinski    Nays:  Donker)  The following amended resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

WHEREAS, the City of Midland has adopted a “Complete Streets” policy, a term given to streets that accommodate all forms of travel; including automobiles, bicycles, pedestrians, personal mobility devices, transit and freight in a safe environment on designated City streets; and

WHEREAS, the City of Midland has also adopted a Master Street Plan which proposes a network of streets with design features that will accommodate pedestrians and vehicular movement and includes a bicycle plan that specifically defines proposed trails, on-street bike lanes and bike routes; and

WHEREAS, the Non-Motorized Transportation Advisory Committee has recommended installation of a dedicated bike lane on both sides of Swede Avenue between East Wackerly Street and East Patrick Road with limited parking restrictions; and

WHEREAS, a significant amount of input and information has been presented by staff, the city’s traffic engineering consultant, the Non-Motorized Transportation Advisory Committee, and members of the public; and

WHEREAS,  the City of Midland Planning Commission, at its meeting on September 27, 2011, acted to recommend to City Council the installation of a dedicated bike lane with restricted parking by a 5-3 vote; now therefore

RESOLVED, that the City Council approves the request for installation of a dedicated bike lane on Swede Avenue between East Wackerly Street and East Patrick Road.  Pavement markings called “sharrows” will be incorporated at the intersections to indicate the change in lane usage. Parking shall be permitted in accordance with applicable parking regulations in the City of Midland. (Motion ADOPTED.  Yeas:  Adams, Brooks, Brown, Wazbinski   Nays:  Donker)

 

PUBLIC COMMENTS

No public comments were made.

 

MCV TAX APPEAL – FINAL SETTLEMENT

City Manager Jon Lynch presented information authorizing the City Attorney to execute all final settlement documents regarding the 2010 and 2011 property tax appeal filed by the Midland Cogeneration Venture.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Adams:

 

WHEREAS, the Midland Cogeneration Venture appealed the 2010 and 2011 property tax assessments of real and personal property it owns in the City of Midland to the Michigan Tax Tribunal; and

WHEREAS, the City Council previously authorized the City Manager and City Attorney to enter into settlement negotiations with the Midland Cogeneration Venture with the settlement being contingent upon the State of Michigan also accepting and resolving its disputes with the Midland Cogeneration Venture; now therefore

RESOLVED, that the City Attorney is authorized to execute all final settlement documents regarding the 2010 and 2011 property tax appeal filed by the Midland Cogeneration Venture.  (Motion ADOPTED.)

 

MIDLAND PROFESSIONAL FIRE FIGHTERS LABOR AGREEMENT

Assistant City Manager for Human Resources Paula Whittington presented information on the Labor Agreement between the City of Midland and the Midland Professional Fire Fighters.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown:

 

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the final contract document between the City of Midland and the Midland Professional Fire Fighters for labor contract changes effective November 14, 2011 and expiring June 30, 2013; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to make appropriate transfers and modifications in the current budget to implement the wage and benefits changes identified in the contract.  (Motion ADOPTED.)

 

BROWNFIELD REDEVELOPMENT AUTHORITY – BARTOS/RAMAKER REAPPOINTMENT

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

 

RESOLVED, that John Bartos and David Ramaker are hereby reappointed to the Brownfield Redevelopment Financing Authority for terms expiring December 1, 2014.  (Motion ADOPTED.)

 

MIDNIGHT ON MAIN CELEBRATION – FIREWORKS DISPLAY REQUEST

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

 

RESOLVED, that the requests from the Downtown Development Authority to hang banners and to conduct a fireworks display from Dow Diamond property at midnight as part of the Midnight on Main celebration on Saturday, December 31, 2011, is hereby approved subject to a site map and security plan being submitted and approved by the Fire Department prior to the event; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

LIBRARY BOARD – WOODBURY RESIGNATION

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

 

RESOLVED, that the November 3, 2011 resignation of Mary Ann Woodbury as a member of the Library Board is hereby accepted, and the Administration is directed to convey the Council’s appreciation to Ms. Woodbury for her service on this important Board.  (Motion ADOPTED.)

 

MIDLAND MALL PUMP STATION – BACK-UP GENERATOR

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

 

WHEREAS, as part of an on-going process to improve the sanitary sewer system reliability and to reduce the probability of sewer backups staff recommends the purchase and installation of a fixed standby generator at the Mall sanitary pump station at 6640 Eastman Ave.; and

WHEREAS, sealed bids for the Standby Generators, Bid No. 3380, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid submitted by Cummins Bridgeway of Saginaw for the purchase of a Cummins 45GGPC fixed standby generator to be installed at the Mall sanitary pump station meets the City's specifications; and 

WHEREAS, funding has been budgeted in Wastewater Fund Project SW1201 – Mall Generator; now therefore

RESOLVED, that the low bid submitted by Cummins Bridgeway of Saginaw for the purchase of a Cummins 45 GGPC fixed standby generator to be installed at the Mall sanitary pump station is hereby accepted and issuance of a purchase order in the amount of $21,920.00 is authorized.  (Motion ADOPTED.)

 

PO INCREASE – COVER SAND FOR LANDFILL

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

 

WHEREAS, the City Landfill uses sand on a regular basis to cover waste at the end of each day, as backfill material for trenches, and for drainage under roadbeds; and

WHEREAS, periodic bulk purchases are made for class II sand and foundry sand, with foundry sand generally being cheaper, but less effective for daily cover, and is only available on a limited basis; and 

WHEREAS, on October 11, 2011 sealed bids for the supply and delivery of up to 8,500 cubic yards of class II sand, Bid No. 3378 – Cover Sand, were received in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and

WHEREAS, to get the sand haul started while the weather allows, a purchase order was administratively approved in the amount of $20,000.00 to Elmer’s Crane and Dozer of Traverse City, based on the low bid unit price received of $4.77 per cubic yard; and

WHEREAS, funding for the delivery of sand is available in the 2011/12 Landfill accounts #517.8110.76.026 – Daily Cover and #517.8110.93.42 – Grounds Maintenance; now therefore

RESOLVED, that an increase of $20,545.00 to the existing purchase order of $20,000.00 to Elmer’s Crane and Dozer, Inc., bringing the total purchase order to $40,545.00, for the delivery of class II sand for daily waste coverage and grounds maintenance is hereby authorized.  (Motion ADOPTED.)

 

DESKTOP COMPUTER PURCHASE

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

 

WHEREAS, fifty-five desktop computers are scheduled for replacement under the five-year replacement plan; and

WHEREAS, bids for computer hardware were received in accordance with established policies; and

WHEREAS, CDWG met the minimum specifications and provided the best value with the inclusion of a three-year warranty; and

WHEREAS, sufficient funding exists in the Information Services Operations Fund, and its 2011-12 budget includes sufficient appropriations to pay the 2011-12 expenditures; now therefore

RESOLVED, that the City Council hereby approves the purchase of desktop computers from CDWG in the amount of $32,540.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

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 13,402 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $41,787.44 executed by the Purchasing Agent on October 20, 2011, is hereby approved.  (Motion ADOPTED.)

 

UNLEADED FUEL PURCHASE

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

 

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 13,399 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $35,654.74 executed by the Purchasing Agent on October 20, 2011, is hereby approved.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 154

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

 

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, December 5, 2011, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending Ordinance No. 1585, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading; and

RESOLVED FURTHER, that the City Clerk is hereby directed to publish said notice on November 19, 2011. 

ORDINANCE NO. ______

AN ORDINANCE TO AMEND ORDINANCE NO. 1585, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING ORDINANCE TO FURTHER DEFINE THE REGULATION OF BUSINESSES AND ORGANIZATIONS NOT IN COMPLIANCE WITH LOCAL, STATE OR FEDERAL LAW WITHIN THE CITY OF MIDLAND.

The City of Midland Ordains:

Section 1.  That Ordinance No. 1585, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

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.)

 

Being no further business the meeting adjourned at 10:25 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk