August 13, 2012

 

A regular meeting of the City Council was held on Monday, August 13 , 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 July 23, 2012 regular meeting was offered by Councilman Brown and seconded by Councilman Brooks.  (Motion ADOPTED.)

 

CULTURAL AWARENESS MONTH

Communications Coordinator Libby Richart introduced Kevin Kendrick of the Midland Area Community Foundation.  The following resolution was offered by Councilman Brooks and seconded by Councilman Wazbinski:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation designating October 2012 as Cultural Awareness Month in the city of Midland and urging all citizens to celebrate and promote the Midland community’s splendid cultural diversity.  (Motion ADOPTED.)  Mayor Donker presented Mr. Kendrick with the proclamation. 

 

2012-13 MAJOR STREET FUND BUDGET AMENDMENT (SALZBURG ROAD PROJECT)

City Engineer Brian McManus presented information on an amendment to the 2012-13 Major Street Fund budget to fund additional construction costs related to the 2012 Salzburg Road construction project.   A public hearing opened at 7:17 p.m.   David Paseck, 5109 Drake Street, inquired about the scope of the Salzburg project in relationship to the overall major and local street fund budget.  The public hearing closed at 7:18 p.m.   The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

WHEREAS, in accord with Section 5.11 and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, August 13, 2012, on the proposal to amend the 2012-13 Major Street Fund budget to increase expenditures by $110,000 to fund additional construction costs associated with the 2012 Salzburg Road Construction Project; now therefore

RESOLVED, that the 2012-2013 Major Street Fund budget is hereby amended to increase expenditures by $110,000 to fund additional construction costs associated with the 2012 Salzburg Road Construction Project.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

CIVIC ARENA FEES – ORDINANCE AMENDMENT

Midland Civic Arena Director Kenny Benson presented for second reading and adoption an ordinance amending Section 21-70 of Division 1 of Article II of Chapter 21 of the Code of Ordinances – Civic Arena Fees.  Scott Parish, 929 Balfour, spoke regarding the proposed fees and ice availability for general skating.  The following ordinance amendment was then offered by Councilman Brooks and seconded by Councilman Brown:

 

Ordinance No. 1735

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 21-70 of Division 1 of Article II of Chapter 21 thereof. 

The City of Midland Ordains:  

Section 1.        Section 21-70 of Division 1 of Article II of Chapter 21 is amended to read as follows:

Sec. 21-70.  Civic Arena Fees

      The fees for use of the Civic Arena and its facilities are as follows:

Rates during the season (September through May)

(1)

Individual Ice Skater – Adult

$    5.00

per session

(2)

Individual Ice Skater – Youth & Senior

$    4.00

per session

(3)

Skating Pass (20 admissions) – Adult

$  85.00

per pass

(4)

Skating Pass (20 admissions) – Youth & Senior

$  70.00

per pass

(5)

Skate Rental

$    3.00

per session

(6)

Skate Sharpening

 

   Hockey

$    5.00

   Figure/Goalie

$    6.00

 

   New/Rusty/Poor Condition

$    8.00

 

(7)

Drop-In Program

 

 

 

   Hockey (Noon)

$    8.00

 

 

   Hockey (Prime)

$  10.00

 

 

   Speed Skating

$  12.00

 

 

   Figure Skating

$  12.00

 

(8)

Conference Room Rental

$  15.00

per hour

(9)     

(10)  

special events and programs

Hourly ice rental rates:

During the months of September through May

variable rates

per event

 

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

12 AM to 5 AM

$185.00

$185.00

$185.00

$185.00

$185.00

$185.00

$185.00

5 AM

$185.00

$185.00

$185.00

$185.00

$185.00

$200.00

$200.00

6 AM to 3 PM

$185.00

$185.00

$185.00

$185.00

$185.00

$230.00

$230.00

3 PM

$200.00

$200.00

$200.00

$200.00

$200.00

$230.00

$230.00

4 PM

$215.00

$215.00

$215.00

$215.00

$215.00

$230.00

$230.00

5 PM to 10 PM

$230.00

$230.00

$230.00

$230.00

$230.00

$230.00

$230.00

10 PM

$215.00

$215.00

$215.00

$215.00

$230.00

$230.00

$230.00

11 PM

$185.00

$185.00

$185.00

$185.00

$215.00

$215.00

$185.00

Based upon availability, prime time rental at $230.00 per hour can be rented within seven (7) days of expiring at $200.00 per hour. 

During the months of June through August:  $195.00 per hour except for Monday through Friday before 4 PM which is $165.00 per hour.

(11)

Hourly non ice rental rates

$120.00

per hour

Exception:  The Civic Arena Manager is authorized with the approval of the City Manager or its designee to adjust rental rates at the Civic Arena for the purpose of marketing additional rental.

Section 2.        This Ordinance shall take effect on September 1, 2012.  (Ordinance ADOPTED.)

 

MERS ANNUAL MEETING – OFFICER DELEGATES

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

 

RESOLVED, that Paula Whittington be appointed officer delegate and Ken Arthur be appointed alternate officer delegate to represent the City of Midland at the annual meeting of the Municipal Employees Retirement System to be held October 3 through October 5, 2012 in Grand Rapids, Michigan.  (Motion ADOPTED.)

 


PARKS & RECREATION COMMISSION – RANKIN APPOINTMENT

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

 

RESOLVED, that Neil Rankin is hereby appointed as a citizen-at-large member of the Parks and Recreation Commission for a term expiring June 30, 2015.  (Motion ADOPTED.)

 

CELEBRATE MY DRIVE EVENT

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

 

RESOLVED, that the request from Ben Cohen, Marketing Coordinator of Boychuck State Farm, to conduct an event called Celebrate My Drive on Saturday, September 15, 2012, from 9:00 a.m. – 4:00 p.m., in the grassy area near the Farmers Market area and Tridge, utilizing the public right-of-way, is hereby approved subject to the following conditions:

  • Event organizer must provide certificate of liability insurance in the amount of $1,000,000 per occurrence, $2,000,000 aggregate, with the City of Midland named as Additional Insured.  The certificate must be submitted to the City Manager’s Office no less than 10 days prior to the event.
  • The City stage has been tentatively reserved.  The event organizer needs to contact the Parks & Recreation office at 837-6930 to complete the reservation process; there is a $75 fee to use the stage.
  • The Midland Area Chamber of Commerce needs to sign off on the joint use of the area.
  • Use of the area is non-exclusive.

; and

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

 

UNLEADED FUEL PURCHASE

The following resolution was offered by Councilman Brown 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 13,400 gallons of E10 ethanol blend unleaded fuel from Hirschman Oil of Reese, Michigan for $37,774.60 executed by the Purchasing Agent on July 20, 2012, is hereby approved.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown 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 12,797 gallons of regular #2 diesel fuel from R.K.A. Petroleum of Romulus, Michigan for $39,381.49 executed by the Purchasing Agent on August 3, 2012, is hereby approved.  (Motion ADOPTED.)

 

M & M STUMP REMOVAL – PO INCREASE

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

 

WHEREAS, the City has undertaken an Emerald Ash Borer Treatment Program in order to save as many of its ash trees as possible and remove those that cannot be feasibly saved; and

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the removal of stumps; and

WHEREAS, we are satisfied with M & M Stump Removal’s performance in regards to the stumps already removed; and

WHEREAS, sufficient funding for such expense is available in the Emerald Ash Borer Project; now therefore

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order # 2013-00000209 to M & M Stump Removal of Midland, Michigan up to the amount of $40,000 for stump removal.  (Motion ADOPTED.)

 

LANG CONSTRUCTION – PO INCREASE FOR CONTRACTUAL REPAIR SERVICES

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

 

WHEREAS, the City’s Water Distribution Department relies on contractors to make the necessary repairs to damaged property and roads caused either by main breaks or by the excavations to make the repairs to the mains; and

WHEREAS, annual bids for out lawn repair unit prices are received in January of each year for a 12-month period ending December 31; and

WHEREAS, a purchase order was administratively approved in the amount of $20,000.00 to Lang Construction, Inc. of Flint, based on the unit prices received January 24, 2012; and

WHEREAS, an increase of $130,000.00 to the existing purchase order is requested to complete the inventory of needed restoration, and for work anticipated through December 2012; and

WHEREAS, funding has been budgeted for this purpose in the 2012/13 Water Fund account #591.8285.93.036 – Repairs & Maintenance; now therefore

RESOLVED, that an increase of $130,000.00 to an existing purchase order of $20,000.00 to Lang Construction is hereby authorized, bringing the total purchase order to $150,000.00 for out lawn repair work, based on previously bid unit prices; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

WATER METERS AND ACCESSORIES – ANNUAL PURCHASE

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

 

WHEREAS, the City standardized water meters in 1987, selecting Sensus Metering Systems through competitive bid, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, each year, water meters and accessories are bid to provide inventory for meter replacements, as well as for new services; and

WHEREAS, sealed bids for purchases of Sensus water meters and accessories, Bid 3445, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding for meters and accessories is provided in Water Fund Inventory Account #591.13.031; now therefore

RESOLVED, that the lone bid submitted by ETNA Supply Company of Grand Rapids, Michigan is accepted and a purchase order is hereby authorized in an amount not to exceed $206,350.00 for purchases of meters and accessories for fiscal year 2012/13, based on estimated units provided by the City.  (Motion ADOPTED.)

 

LANDFILL ROAD PAVING

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

 

WHEREAS, all roads used by customer traffic are paved for customer convenience, to minimize dust, and for long term use, except the newer access road to Landfill Cell 16, which is currently connected to pavement by a gravel road; and

WHEREAS, on August 7, 2012 sealed bids were received and opened for Bid No. 3446, Landfill Road Paving, for the installation of 600 linear feet of asphalt paving 24 feet wide from the existing pavement to the Cell 16 entrance, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and

WHEREAS, staff has determined that the low bid cost of $34,509.00 submitted by Central Asphalt of Mt. Pleasant meets city specifications; and

WHEREAS, sufficient funds are available in the 2012/13 Landfill account #517.9010.97.002 - Capital Outlay Construction; now therefore

RESOLVED, that the low bid submitted by Central Asphalt is accepted and a purchase order is hereby authorized in an amount not to exceed $34,509.00 for asphalt paving at the Landfill; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00 to complete additional road repairs as needed.  (Motion ADOPTED.)

 

JANITORIAL SERVICE AGREEMENT – WATER TREATMENT PLANT

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

 

WHEREAS, the Water Treatment Plant (WTP) has over 100,000 square feet of floor space that is cleaned and maintained, including open and treatment areas of the plant, office spaces, the laboratory, shop area, locker rooms, and restrooms; and

WHEREAS, for the past 18 years WTP staff has been pleased with the reliability, commitment, and cost-effective service that the Arnold Center of Midland special needs employees have provided, and would like to continue that business relationship; and

WHEREAS, the new rate requested is $2,522.47 per month for a total annual cost of $30,269.64, which represents a 3.0% increase over the prior year; and

WHEREAS, funds are available for said purpose in the 2012/13 Water Fund account #591.8272.93.004 – Janitorial Service; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the service agreement with the Arnold Center of Midland for janitorial services at the City of Midland Water Treatment Plant, with a total annual amount not to exceed $30,269.64, subject to document approval by the City Attorney.  (Motion ADOPTED.)

 

LIBRARY PUBLIC PARKING LOT RECONSTRUCTION

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the reconstruction of the public parking lot at the Grace A. Dow Memorial Library; and

WHEREAS, funds for this project are available in the 2012-2013 budget of the Grace A. Dow Memorial Library; now therefore

RESOLVED, that the low sealed proposal submitted by Central Asphalt of Mt. Pleasant for the reconstruction of the public parking lot at the Grace A. Dow Memorial Library in the amount of  $108,854.70 is hereby accepted and the Purchasing Agent authorized to issue a purchase order; and

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

BARSTOW AIRPORT – SNOW REMOVAL EQUIPMENT BUILDING

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

 

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of a snow removal equipment storage building at Jack Barstow Airport; and

WHEREAS, funding for this project is provided by the Federal Aviation Administration, Michigan Department of Transportation (MDOT), and City of Midland in the estimated amounts of $302,100, $7,950, and $7,950 respectively; and

WHEREAS, MDOT Bureau of Aeronautics is preparing the standard sponsor agreement between the City of Midland and MDOT; now therefore

RESOLVED, that the sealed proposal submitted by JBS Contracting of Mt. Pleasant, Michigan, for the Jack Barstow Airport Snow Removal Equipment Building; Bid Number 3401 in the indicated amount of $249,700.00, is hereby accepted; and

RESOLVED FURTHER, that the City Manager is hereby authorized to execute a contract therefore in accord with the proposal and the City's specifications, subject to approval of the  associated MDOT sponsor agreement; and

RESOLVED FURTHER, that the associated standard MDOT sponsor agreement is hereby accepted, subject to review and approval by the City Attorney; and 

RESOLVED FURTHER, that the City Manager has the authority to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.  (Motion ADOPTED.)

 

BARSTOW AIRPORT COMMERCIAL OPERATIONS LEASE

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

 

WHEREAS, the City Engineer has prepared a report indicating that the aircraft hanger located at Jack Barstow Airport and owned by PM3  Property Holdings, Hangar 9B, is in the process of being sold to Gateway Air Service  of Mt. Pleasant, Michigan;  and

WHEREAS, the intended use of the hangar is for commercial purposes, namely an aircraft maintenance and service facility; and

WHEREAS, the City Attorney has prepared a commercial lease in accordance with airport rules and regulations; now therefore

RESOLVED, that subject to final review and approval by the City Attorney,  the Mayor and City Clerk are hereby authorized and instructed to execute the Jack Barstow Municipal Airport Commercial Operations Lease between the City of Midland and Gateway Air Service of Mt. Pleasant, Michigan. (Motion ADOPTED.)

 

IFT CERTIFICATE #2008-326 REVOCATION

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

 

WHEREAS , the City Council of the City of Midland on June 23, 2008 approved an application for an industrial facilities exemption certificate for a new facility located at 2820 Schuette Road within the Eastwick Industrial Park Industrial Development District, previously established by resolution of the Midland City Council on December 18, 1989, and industrial facilities exemption certificate #2008-326 was issued by the State Tax Commission on the 30th day of December, 2008 to Evergreen Solar, Inc.; now therefore

RESOLVED, that Evergreen Solar, Inc. has voluntarily sold all of its property and assets to Max Era, Inc., and ceased its operations on November 11, 2011, and that the City of Midland has not received any correspondence from Max Era, Inc., expressing interest in transferring the industrial facilities exemption; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday,

August 27, 2012, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of revoking industrial facilities exemption certificate #2008-326, and to allow the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the revocation and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

PROPOSED BIKE LANES ON EASTLAWN DRIVE AND SUGNET ROAD

The following resolution was offered by Councilman Brown 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 Eastlawn Drive and Sugnet Road; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on August 27, 2012, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering the recommendation for installation of dedicated bike lanes on Eastlawn Drive and Sugnet Road; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify adjacent property owners on Eastlawn Drive by transmitting notice by August 17, 2012 and to publish said notice on August 18, 2012.  (Motion ADOPTED.)

 

ZONING PETITION NO. 579

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, July 10, 2012 for property located at 3535 East Ashman Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Agricultural zoning to Residential B zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 17, 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 August 31, 2012 and to publish said notice on September 1, 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 B ZONING WHERE AN AGRICULTRUAL 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:

THE SOUTH 880 FEET OF THE WEST ½ OF THE EAST ½ OF THE WEST ½ OF SOUTHWEST ¼ OF SECTION 12, T14N, R2E.  EXCEPT THE SOUTH 40 FEET THEREOF AND ALSO EXCEPT BEGINNING 992.23 FEET EAST AND 40 FEET NORTH OF THE SOUTHWEST CORNER OF SECTION 12, T14N, R2E, THENCE NORTH 250 FEET; THENCE WEST 100 FEET; THENCE SOUTH 250 FEET; THENCE EAST 100 FEET TO THE POINT OF BEGINNING. 

Be, and the same is hereby changed to Residential B.    

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.)

 

ZONING PETITION NO. 580

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

 

WHEREAS, a public hearing was held by the Planning Commission on Tuesday, July 10, 2012 for property located at 2803 Orchard Drive and a triangular piece of property located at 1400 West Main Street for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 1585, the Zoning Ordinance of the City of Midland from Residential B zoning to Community zoning; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 17, 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 August 31, 2012 and to publish said notice on September 1, 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 COMMUNITY ZONING WHERE A RESIDENTIAL B 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:

LOT 10 EXC BEG 149.5 FT W OF SE COR OF LOT 10 TH W 63 FT TH N 10 FT TH NELY 27 FT TH SELY 53 FT TH E TO A PT 10 FT N OF BEG TH S 10 FT TO BEG ALSO LOT 11 EXC W 23 FT ALSO BEG AT NW COR OF LOT 13 E 102.58 FT SWLY ON CURV TO RT W 90.02 FT RAD 58.99 FT S 37D 33M W 131.7 FT NWLY ALG S LOT LN 57.12 FT NELY 131.44 FT TO BEG ALSO LOT 14 EXC BEG AT SW COR OF LOT 14 NELY 84.72 FT E 13 FT SWLY TO SW COR LOT 14 STURGEON RD ASSR PLAT, ALSO COM AT A PT 175 FT W OF SE COR OF LOT 9, W 15 FT, N 34.29 FT, TH SELY 37.43 FT TO POB.  

LOT 9 OF STURGEON ROAD ASSESSORS PLAT, A PART OF THE NW ¼, SEC 17 T14N, R2E, AS PER PLAT THEREOF RECORDED IN LIBER C OF PLATS, PAGE 15 OF MIDLAND COUNTY RECORDS; COMMENCING AT A POINT 190 FEET WEST OF THE SOUTHEAST CORNER OF LOT 9 ALONG THE SOUTH LINE OF SAID LOT; THENCE 75 FEET WEST ALONG THE SOUTH LINE OF LOT 9; THENCE NORTH 80 FEET; THENCE EAST 55 FEET TO A POINT 210 FEET WEST OF THE NORTHEAST CORNER OF LOT 9 ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTHEASTERLY 49.89 FEET; THENCE 34.29 FEET SOUTH TO THE POINT OF BEGINNING.

BEGINNING AT A POINT 75 FEET WEST OF THE NORTHEAST CORNER OF LOT 16 OF STURGEON ROAD ASSESSOR’S PLAT TO THE CITY OF MIDLAND, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN LIBER C OF PLATS, PAGE 15, AND RUNNING EAST 75 FEET ALONG THE NORTH LINE OF SAID LOT 16; THENCE SOUTHWESTERLY 45.62 FEET ALONG THE EAST LINE OF SAID LOT 16; THENCE NORTHWESTERLY TO THE POINT OF BEGINNING. 

Be, and the same is hereby changed to Community.

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.)

 

Being no further business the meeting adjourned at 7:40 p.m.

 

______________________________________

            Selina Tisdale, City Clerk