October 19, 1998

A regular meeting of the City Council was held on Monday, October 19, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

Minutes Approval of the minutes of the October 5, 1998 special and regular meeting was offered by Councilman Coppage and seconded by Councilman Moolenaar. (Motion adopted.)

ZTA No. 133A Ordinance No. 1426  James Schroeder, Director of Planning and Community Development, presented information on the request to amend the Zoning Ordinance by amending Article XXXI -- Signs. The initial request to amend this ordinance was made by Midland Public Schools. The amendment under Section 31.1(c) would increase the allowable size of signs for public and quasi-public buildings to 32 square feet when combining the building name with sign information, under Section 31.3, the amendment would redefine the sign provisions for Community Districts. The amendment would also add Section 31.5(b)7 which would allow businesses under separate ownership or control to combine signage in Business districts. A public hearing was opened at 7:47 p.m., no comments were made, the hearing closed at 7:48 p.m. The following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

ORDINANCE NO. 1426

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 BY AMENDING SECTION 31.1(C) AND SECTION 31.3, OF ARTICLE XXXI--SIGNS, AND TO ADD A NEW SECTION 31.5(B)7.

The City of Midland Ordains:

Section 1. That Section 31.1(c), Section 31.3, and Section 31.5(b), of Article XXXI--SIGNS, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended, and as amended, shall read as follows:

ARTICLE XXXI--SIGNS

Section 31.1 RESIDENTIAL AND AGRICULTURAL DISTRICT SIGNS

(c) Restrictions - Permitted nonresidential uses.

1. Size. One (1) sign not exceeding eighteen (18) square feet in area shall be permitted per use. Public and quasi-public buildings and facilities, churches, and schools, when combining the name with a sign, as permitted in Section 31.10(b), may have a total name with sign area of thirty-two (32) square feet, with a maximum height of eight (8) feet.

2. Location. Permitted signs may be placed anywhere on the premises except as follows:

a. A sign may not project within five (5) feet of any property line.

b. If a ground sign, the height shall not be more than five (5) feet.

c. If building mounted, it shall be flush mounted, and shall not be mounted on any roof of the building and shall not project above the roof line.

3. Content. The sign may indicate the name of the occupant, use, street address and telephone number of the property on which the sign is located, and may include announcements of subject and timing of services, and hours when open.

4. For double-fronting lots, the criteria shall apply to each street.

5. Corner lots with a frontage of three hundred (300) feet or more on each street shall be permitted a ground pole sign for each street frontage. Said signs shall be a minimum of one hundred fifty (150) feet apart.

6. A parcel with a street frontage in excess of six hundred sixty (660) feet may have an additional pole sign. Said signs shall be a minimum of five hundred (500) feet apart.

Section 31.3 COMMUNITY DISTRICT SIGNS

This Section shall apply to the Community Zoning District.

(a) Wall signs.

1. Maximum size is fifty (50) square feet.

2. Signs shall not project above the roof line.

(b) Ground pole signs.

1. One sign is permitted per building.

2. Maximum size is thirty-two (32) square feet.

3. Maximum height is fifteen (15) feet.

4. Signs shall not be located closer than twenty-five (25) feet to any abutting Residential zoning district.

a. For large parcels, one (1) additional sign is permitted for each six hundred (600) feet of frontage over and above six hundred (600) feet.

b. Multiple signs must be spaced at least two hundred (200) feet apart.

(c) Content.

Signs may indicate street address, telephone number, and name of any legal use permitted on the property on which the sign is located.

Section 31.5 BUSINESS DISTRICT SIGNS

(b) Ground pole signs.

1. Sign area. Except as provided herein, only one (1) ground pole sign is permitted for an individual parcel, the maximum area of the pole sign being determined as follows:

For parcels with a street frontage of fifty (50) feet or less, a pole sign up to fifty (50) square feet in area is permitted. For parcels with a street frontage greater than fifty (50) feet, the maximum allowable sign area may be increased by one (1) foot for each additional foot of length of street frontage, up to a maximum of one hundred fifty (150) square feet.

EXCEPTIONS:

a. For double-fronting parcels, the criteria shall apply to each street.

b. Corner parcels with a frontage of three hundred (300) feet or more on each street shall be permitted a ground pole sign for each street frontage. Said signs shall be a minimum of one hundred fifty (150) feet apart.

c. A parcel with a street frontage in excess of six hundred sixty (660) feet may have an additional pole sign. Said signs shall be a minimum of five hundred (500) feet apart.

2. Location. Except as restricted in Section 31.11(f), ground pole signs may be located anywhere on the property, but shall not project over any public right-of-way.

3. Sign content. A sign may indicate the name, address, and telephone number of the occupant of the premises on which the sign is located, and may contain information only about the goods and services sold, produced, or transacted on the premises.

4. Off-premise directional signs. A property zoned Business "B-1," Business "B-2," or Business "C," when located along a US or State highway route, or when within three hundred (300) feet of an expressway interchange ramp, may display directional sign information limited to the name and logo for food, fuel, and lodging establishments not located on that property. Said signs are limited to four (4) square feet of the total sign area permitted on the property and eight (8) feet in height.

5. Gasoline service stations, motels, and restaurants adjacent to the US-10 controlled access highway on a parcel of greater than one hundred fifty (150) feet width abutting US-10, and with a depth greater than two hundred (200) feet, as measured perpendicularly from US-10, may construct additional pole signs oriented to the highway, in accord with the following:

LENGTH OF LAND ADDITIONAL POLE MAXIMUM AREA MAXIMUM

ABUTTING US-10 SIGNS ALLOWED ALLOWED HEIGHT

150-600 feet 1 (one) 150 sq. ft. 25 feet

Each additional 1 (one) 150 sq. ft. 25 feet

600 feet

Minimum spacing between signs, one hundred twenty-five (125) feet.

6. Maximum height - twenty-five (25) feet .

EXCEPTION: For service stations, restaurants, and motels located within five hundred (500) feet of the intersection of an expressway interchange ramp with a local street, the maximum height shall be eighty (80) feet above grade.

7. Businesses or parcels under separate ownership or control may, upon submittal of properly recorded agreements, combine sign allowances into a single sign, in accord with the provisions of Section 31.5(b)1-5. As an incentive to encourage the combining of sign allotments, the allowable combined sign area will be increased by twenty-five (25) percent.

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 Petition No. 434 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 434 which would zone property recently annexed to the City from Larkin and Midland Townships. A public hearing opened at 7:56 p.m., no comments were made, the hearing closed at 7:57 p.m. Councilman John Tysse, a recent retiree of The Dow Chemical Company, requested Council allow him to abstain from voting on agenda items 3a and 3b as they deal

with land owned by The Dow Chemical Company. Council unanimously agreed to the abstention. The following three ordinance amendments were then presented for consideration.

ZP No. 434 Ordinance No. 1427    The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

ORDINANCE NO. 1427

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 LIMITED COMMERCIAL, MANUFACTURING AND RESEARCH ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: The West 1/2 of the Southeast 1/4 of Section 34, T15N, R2E, lying North of the US-10 Highway,

be, and the same is hereby changed to a Limited Commercial, Manufacturing and Research District.

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. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

ZP No. 434 Ordinance No. 1428    The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1428

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 AN AGRICULTURAL ZONING CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Commencing at the Center of Section 2, T14N, R2E, Midland Township, Midland County, Michigan; thence North along the North-South Quarter line to the intersection of said line with the Northeasterly right-of-way line of Highway US-10 relocated, to the point of beginning; thence continuing along said North-South Quarter line to the North Quarter Corner of said Section; thence South 89° 42’ East 191.49 feet along the Section line; thence South 0° 13’ East 674.70 feet; thence South 14° 04’ East 336.88 feet; thence South 16° 00’ East 686.00 feet; thence South 23° 39’ 15" East 725.25 feet to the East-West Quarter line of said Section 2; thence North 89° 32’ West 78.59 feet along said East-West Quarter line to the intersection of the Northeasterly right-of-way line of Highway US-10 relocated; thence North 53° 19’ West 582.65 feet along said right-of-way to the Point of Beginning,

be, and the same is hereby changed to an Agricultural District.

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. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

ZP No. 434 Ordinance No. 1429    The following ordinance amendment was offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1429

AN ORDINANCE TO AMEND ORDINANCE NO. 727, 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 CLASSIFICATION WHERE TOWNSHIP ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Parts of Sections 29, 31, and 32, T15N, R2E, beginning at the common Section corners of said Sections 29, 31, and 32; thence North 474 feet, East 400 feet, South 474 feet to the Section line between Sections 29 and 32; thence West 23 feet, South 462 feet, West 47 feet, South 66 feet, West 330 feet, North 86.5 feet, West 257 feet, North 200 feet, East 257 feet, North 241.5 feet to the Point of Beginning; and

Beginning at the intersection of the West Section line and the South 1/8 line of Section 29, T15N, R2E, Midland County, Michigan; thence East along the South 1/8 line 1320 feet; thence North 792 feet; thence West 1023 feet; thence South 98 feet; thence West 297 feet to the West line of said Section 29; thence South along the West Section line 694 feet to the Point of Beginning; and

Beginning 772.16 feet South of the Northeast corner of Section 31, T15N, R2E, Midland County, Michigan; thence West 346.5 feet, South 132.25 feet, East 346.5 feet, North 132 feet to the Point of Beginning; and

Beginning at a point 346 feet South of the East 1/4 corner of Section 31, T15N, R2E; thence South to the South 1/8 line of said Section; thence West 320 feet, North 536.4 feet, West 98 feet, North 450 feet, East 168 feet, South 28 feet, East 250 feet to the Point of Beginning,

be, and the same are hereby changed to a Residential A-1 District.

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.)

ZP No. 435 - Postponed James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition No. 435, which would rezone 4.00 acres located northwest of the intersection of Joe Mann Boulevard and Eastman Avenue. A public hearing was opened at 8:15 p.m. Gregory White, 4703 Autumn Ridge Circle North, requested Council vote favorably on Zoning Petition No. 435. Mr. White has an option to buy this piece of land. The hearing closed at 8:20 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that action on Zoning Petition No. 435 - property northwest of the intersection of Joe Mann Boulevard and Eastman Avenue be postponed not later than December 21, 1998. (Motion adopted.)

ZP No. 435 - Land Use Plan The following resolution was offered by Councilman Coppage and seconded by Councilman Wazbinski:

 RESOLVED, that Council refers matter of land use plan along Eastman Avenue to the Planning Commission. (Motion adopted.)

PUBLIC COMMENTS John Rapanos, 1012 W. Sugnet, commented that the previous zoning of "Community Service" on property mentioned in Zoning Petition No. 435 was the same as "Commercial Zoning". Mr. Rapanos also commented on the Sewer Bond proposals coming up for a vote on the November 3, 1998 ballot by indicating that several detention areas were not working, the Hillcrest Storm Sewer should be flowing south instead of north, the Snake Creek should be cleaned out, and everyone should be required to disconnect gutters and downspouts from the sanitary sewer. He also requested that Council consider passing an ordinance requiring all homes to have yards sloping toward the street. City Manager, Karl Tomion, responded that all of these sewer problems have been researched thoroughly and he will make the reports available to Mr. Rapanos.

Water Service Agreement with Larkin Township James Schroeder, Director of Planning and Community  Development, presented information on an amendment to the Water Service Agreement between the City of Midland and Larkin Township. Larkin Township requested an amendment to the agreement to expand the service area by one square mile. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, on June 16, 1997, the City Council entered into a Water Service Agreement for a specific district of Larkin Township outside the Midland Urban Growth Area; and

WHEREAS, Larkin Township has requested an amendment to this agreement to expand the service area by one square mile; now therefore

RESOLVED, that an amendment to the Water Service Agreement of June 16, 1997, between the City of Midland and Larkin Township is hereby approved; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the amendment to said agreement on behalf of the City. (Motion adopted.)

Bresnan Franchise Agreement No action taken, will be presented at a later date for consideration.

Three Free Yard Waste Program The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, in accord with Section 21-4C of the Code of Ordinances, the City Council hereby extends the period during which yard waste stickers are not required, through the remainder of the yard waste collection program for 1998. (Motion adopted.)

DDA Appointment The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Leona Falkenstein to the Downtown Development Authority for a term to expire May 1, 2002 effective immediately. (Motion adopted.)

Purchase - Salt Trucks The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of two dump/blade trucks with salt spreaders (Bid No. 2235); and

WHEREAS, funding for these trucks is included in the 1998-99 Equipment Revolving Fund budget for Capital Outlay, "Vehicles," account number 640-9120-912.97-30; and

WHEREAS, two city salt trucks (vehicle numbers 3-55 and 3-56) will be surplus after the receipt of the new trucks and will be available for trade-in; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales, Inc. of Bay City, Michigan in the net amount of $109,510.84, after trade-ins, for the purchase of two new dump/blade trucks with salt spreaders in accordance with the proposal and city specifications. (Motion adopted.)

GM Foundry Sand - Landfill The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the City desires to enter into an agreement with General Motors’ Saginaw Metal Casting Operation for the purchase of 62,100 cubic yards of washed classified sand at a cost of $0.50 per cubic yard along with the acceptance of 51,000 cubic yards of core butts sand at a disposal fee to General Motors of $2.80 per cubic yard over a three year period; and

WHEREAS, the City of Midland will arrange for transportation of such materials; now therefore

RESOLVED, that the City agrees to enter into a contract under Purchase Order PSB00452 issued by General Motors’ Corporation Saginaw Metal Casting Operations for the purchase of 62,100 cubic yards of washed classified sand at a cost of $0.50 per cubic yard along with the acceptance of 51,000 cubic yards of core butts sand at a disposal fee to General Motors of $2.80 per cubic yard over a three year period. (Motion adopted.)

Sand Hauling Contract - Landfill The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed bids for Sand Hauling for Landfill, Bid No. 2242, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, funding is available through the Landfill Fund; now therefore

RESOLVED, that the low qualifying bid proposal submitted by Leasco Properties, Inc. of a three year agreement for the transportation of 10,000 yards of washed classified sand and 26,000 yards of core butts sand from General Motors Corporations’ Saginaw Metal Casting Operation through the winter of 1998-99 at a cost of $2.82 per yard based upon 38 cubic yards per truck load; and 42,000 yards of washed classified and 25,000 yards of core butts sand from May 1, 1999 and 2000 for a rate of $3.08 per yard based upon 38 cubic yards per truck load is hereby accepted. (Motion adopted.)

Six-Man Crew Cab & Chassis - Water Distribution     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, sealed proposals (Bid No. 2209) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of One Six-Man Crew Cab & Chassis for the Water Distribution Department; and

WHEREAS, funding is provided by the Water Fund Capital Account; now therefore

RESOLVED, that the low sealed proposal submitted by Wieland Sales of Bay City, Michigan, for the indicated amount of $37,976.46, is hereby accepted and a purchase order authorized. (Motion adopted.)

Contracted Legal Services (Rapanos) The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the services of the law firm of Braun, Kendrick, Finkbeiner, P.L.C. have been necessary in assisting the City of Midland in its continuing legal defense of the civil lawsuit known as John A. Rapanos v City of Midland, No. 95-4651-CZ-L; and

WHEREAS, on June 30, 1997, the City Council approved payment for said services in an amount not to exceed $30,000; and

WHEREAS, the cost of continuing said services is now expected to exceed $30,000.00 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals;

and

WHEREAS, sufficient funds for this expense have been budgeted for in the contracted legal assistance account of the city attorney’s budget; now therefore

RESOLVED, that payment to the law firm of Braun, Kendrick, Finkbeiner, P.L.C. for continued legal services in the aforementioned civil lawsuit is hereby authorized in an amount not to exceed $50,000.00. (Motion adopted.)

Contracted Legal Services (Personal Property Taxes)     The following resolution was offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, the services of the law firm of Braun, Kendrick, Finkbeiner, P.L.C. have been necessary in assisting the City of Midland in the filing of the Petition to write off delinquent personal property taxes for the 1983-91 tax years, known as In Re: Uncollectible Personal Property Taxes, Case Number 97-6807-PZ-L; and

WHEREAS, the cost of continuing said services is expected to exceed $20,000.00 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals;

and

WHEREAS, sufficient funds for this expense have been budgeted for in the contracted legal assistance account of the city attorney’s budget; now therefore

RESOLVED, that payment to the law firm of Braun, Kendrick, Finkbeiner, P.L.C. for continued legal services in the aforementioned civil lawsuit is hereby authorized in an amount not to exceed $23,000.00. (Motion adopted.)

NEW BUSINESS Mayor Black reminded citizens that a short informational tape on the proposed City bond issues on the November 3, 1998 ballot would be run immediately following the City Council meeting.

Being no further business the meeting adjourned at 9:15 p.m.

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