November 23, 1998

A regular meeting of the City Council was held on Monday, November 23, 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 November 2, 1998 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Red Ribbons Presentation - Mothers Against Drunk Driving     James St. Louis, Midland City Police Chief, introduced Penny Fleischmann, President of the Midland County Chapter of Mothers Against Drunk Driving (M.A.D.D.). Mrs. Fleischmann presented each Council member with a red ribbon signifying M.A.D.D.’s Red Ribbon Campaign against drunk driving.

Bette R. Tollar Civic Commitment Award    Selina Tisdale, Community Relations Coordinator, introduced Howard Garrett of the Beautification Advisory Committee, who recognized and introduced the 1998 Bette R. Tollar Civic Commitment Award winners. Representatives John Zimmerman, Executive Director of the United Way and Beth Sowulewski, Executive Director of the Voluntary Action Center, accepted the 1998 award on behalf of their organizations. Mayor Black presented each representative with a plaque signifying the award.

Comprehensive Annual Financial Report    Robert Fisher, Director of Fiscal Services, presented the City’s Comprehensive Annual Financial Report for the year ended June 30, 1998 and introduced Plante and Moran, L.L.P. representatives Bruce M. Berend, Gordon B. Goldie and Steve Fedyko. The representatives from Plante and Moran, L.L.P., the City’s independent auditors, made a presentation to Council regarding their audit. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Coppage:

RESOLVED, that the Comprehensive Annual Financial Report of the City for the year ended June 30, 1998, is hereby received and ordered filed for public examination. (Motion adopted.)

Investment Policy Robert Fisher, Director of Fiscal Services and Penny Kovacevich, City Clerk/Treasurer, presented a proposed Investment Policy to Council for approval. On December 30, 1997, Governor Engler signed into law an act to amend Public Act 20 of 1943 relative to the investment of surplus funds of public corporations. The amendment requires public corporations to adopt an investment policy within 180 days after the end of the corporation’s first fiscal year ending after the effective date of the amendatory act. The State deadline for the City of Midland is December 27, 1998. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, on December 30, 1997, Governor John Engler signed into law an act to amend Public Act 20 of 1943 requiring public corporations to adopt an investment policy within 180 days after the end of the corporation’s first fiscal year ending after the effective date of the amendatory act; and

WHEREAS, the mandatory state deadline for approval of the investment policy for the City of Midland is December 27, 1998; and

WHEREAS, the Investment Policy Certification Committee of the Municipal Treasurers Association of the United States and Canada has reviewed the proposed policy and has given it high marks and approved it for certification; now therefore

RESOLVED, that the City Council hereby approves the City of Midland Investment Policy in compliance with Public Act 20 of 1943 as amended. (Motion adopted.)

PUBLIC COMMENTS:

William L. Fagley, 2700 Glendale, spoke in support of his "Sensible Sewer Program" and identified the members of the Sensible Sewer Program Technical Committee. Members of the committee are A. J. Bill Fisher, a Midland contractor, John Bishop, chemical engineer, Jim Tollar PE, registered engineer, John A. Rapanos, a local entrepreneur and three registered professional engineers as advisors, Art Maass, Jim Pollack and Harry Rolka. Mr. Fagley stated the committee wants better storm and sanitary sewers and is working for city residents trying to get them a program that would be less expensive, quicker to provide adequate protection (greater than the DEQ minimum) and easier to inspect, repair and improve than a deep tunnel.

John Rapanos, 1012 W. Sugnet and a member of the Sensible Sewer Program Technical Committee, urged Council to:

1. Require all driveway drains be disconnected from the sanitary sewer system.

2. Require all homes that have their footing drains connected to the sanitary sewer system:

a. Augment and/or create a slope away from the perimeter of the foundation of the house.

b. Install gutters, downspouts and a lead extending at least 8’ from the foundation of the house and to keep the system operative year round.

c. Disconnect the footing drains from the sanitary sewer system.

James Pollack, 1420 Whitehall Street, an advisor for the Sensible Sewer Program Technical Committee, presented Phase I and Phase II of their "Viable Sewer Upgrade Proposal".

Phase I of the proposal calls for:

1. Construction of a 25 million gallon sanitary wastewater retention basin.

2. Add a third culvert pipe to increase flow capacity of Snake Creek under West St. Andrews Street.

3. Install stormwater detention in upper reaches of Siebert Drain basin.

4.    Reassess the George Street basin stormwater relief sewer system collection and routing.

5. Expedite cleaning schedule of storm and sanitary sewers where known problems have occurred.

6. Amend the downspout ordinance to include driveway drains and require homes with connected footing drains to install roof gutters with discharge points away from basement walls.

7. Inspect stormwater detention ponds on a periodic basis.

8. Finance above improvements using Limited Tax General Obligation Bonds funded with property taxes.

9. Analyze the impact of the above measures before committing to other major new expenditures.

Phase II calls for:

1. Construction of the Nelson Street pumping station.

2. To relieve excess wastewater in Swede Road sewers, evaluate and construct one of the following options:

a. New Swede Road gravity sewer to fully accommodate Sugnet Road force main.

b. New Swede Road force main to fully accommodate Sugnet Road force main.

c. Divert sufficient Valley/Sugnet/Elizabeth pump station flows from Swede Road gravity sewers to Wyman Street pump station.

Ken Foster, Local Study Committee Chair of the League of Women Voters of the Midland Area, commended Council on its efforts to communicate with citizens and urged Council to take further steps to improve the quality of citizen participation.

John Rapanos, 1012 W. Sugnet, reported that the Midland County Drain Commissioner, Douglas Enos, would accept a petition for the cleaning of Snake Creek and the Siebert Drain. Mr. Rapanos suggested the City pay for the cleaning of Snake Creek and the Siebert Drain with City funds.

Larry Pillepich, 3602 McKeith Road, presented a chronological report on the flooding problems. Mr. Pillepich stated he was opposed to spending money for minimum solutions.

Norman Sherven, 3716 Isabella Street, complained about the poor quality of work being done by the contractor on M-20. Mayor Black requested staff to look into the complaint.

Council then made the following comments regarding the sewer issue:

Councilman Wazbinski thanked SESAC for its time and effort. He felt that forming and using SESAC was well worth the time and effort. Councilman Wazbinski asked residents in his ward why they voted against the proposals many of the residents indicated they voted against the proposals because they believed disconnecting footing drains was a better solution. Based on other comments from residents Councilman Wazbinski offered the following comments:

1. Payment of the proposal should still be a percentage of taxes and user fees.

2. Wait and see what the past improvements have given us.

3. Analyze the cost of the system.

4. Based on comments from citizens he believes the decision to vote no was based on the citizen’s knowledge of the recommended improvements.

5. Wait and see how the DEQ responds to the City, this will set the baseline for future decisions on the sewers.

6. Review all proposals.

7. Council needs to make decisions that are best for the City of Midland.

8. Review all comments made by citizens as to why they do not want the current proposals, and try to address those views.

Councilman Coppage made the following comments:

1. Voters spoke and he accepts the decision the voters made.

2. Pleased with William Fagley’s proposal and encourages others to come forth if they have any solutions or ideas on how Council should proceed.

3. Would like to talk one on one with people on their ideas.

4. DEQ will not tell Council what to do. Council will make it clear that they will not agree to any DEQ mandates until it’s brought before the citizens. By working together Councilman Coppage is sure we can come up with a solution agreeable to everyone.

5. Need to continue to do everything in front of the public.

6. He thanked everyone for their work on the alternative programs.

Councilman Moolenaar made the following comments:

1. He felt Council had an opportunity to take a fresh approach to possible solutions.

2. It is wise to have all ideas in front of Council.

3. Believes the "Sensible Sewer Program" presented by William Fagley deserves a full hearing.

4. Begin working again with HRC and request that they incorporate the new ideas presented.

5. Hopefully we can drop the cost down and meet our objectives.

Councilman Tysse stated a clear message was received from citizens on November 3, 1998. He believed the message was basically that the proposal was too big, too much money and too costly. He has heard the following concerns from residents:

1. Using a 50/50 split between property taxes and user fees to finance the program.

2. Was enough engineering done?

3. Do we have enough data to make these decisions?

4. Validity of the tunnel concept.

5. Removal of downspouts and roof drains may be enough.

6. Was the process open enough?

Councilman Tysse felt all the above were valid concerns and that Council needs to address these concerns before moving forward. He also received comments that meeting the DEQ minimum is not enough and he agreed. He believes Council should define alternatives that cost less with the understanding if Council selects an alternative that costs less it may give less protection to the residents. Councilman Tysse suggested the following process:

1. Consider Mr. Fagley’s plan along with several others as Council moves forward.

2. Use an open process and move ahead in a timely manner doing a quality job.

3. Two step process:

a. Resolve issues with DEQ in negotiations.

b. Arrive at the best agreement and consensus with DEQ that delivers the best economic results to the people of Midland.

4. Work quickly to move forward in an agreement with DEQ and decide what alternatives the Council should select to give the residents added protection.

Mayor Black agreed with all statements made by the Councilmen. He was in complete agreement on the open sessions with public comment. He stated that opportunities for comment are particularly important in the negotiation process with the DEQ. DEQ at the end of the process will expect Council to sign an order. Mayor Black is committed to seeing the issues fully discussed. He also stated Council does not intend to use DEQ as a device to foist a different program on the community. Council’s approach is to get through the process with a minimum of mandates, leaving Council free to move forward to a more efficient program for the community. Mayor Black stated some of the proposals with respect to exactly what the solutions is are in conflict with each other. Council will need to sort the conflicts out and come up with a program that is appropriate and balance the cost and level of protection. Mayor Black indicated that during the next two months he would like to see Council move forward on two levels.

1. Address the smaller items. Look at all these issues as Council goes along in the process, if anything can be done, do it now and look at each issue to decide.

2. Move forward on coming back with an alternative proposal as quickly as possible.

RESOLVED, that the status report on SESAC sanitary and storm sewer recommendations be received and filed in the office of the City Clerk. (Motion adopted.)

Public Improvements for 1999 Construction Program     Samuel Adler, 2800 Orchard Drive, spoke in opposition to agenda items 7e, f, g, h and I. Mr. Adler believed adding additional sanitary sewers to an already overloaded system was not a good policy. Mayor Black stated that another meeting would be held in January to hear the Engineering Department’s recommendations on the petitions received for public improvements. The following twenty-one resolutions were then presented for consideration.

Water Main on Huntley Lane The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from John Russell Benedict for the installation of a water main on Huntley Lane from Isabella Street to the end of the street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Water Main on Lambert Road The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Dirk Athey for the installation of a water main on Lambert Road from Tittabawassee River Road to the end of the street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Water Main on Laughton Drive The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Brenda Boots for the installation of a water main on Laughton Drive from Isabella Street to the end of the street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Water Main on Welch Drive The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Harriet Boulis for the installation of a water main on Welch Drive from Isabella Street to the end of the street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Sanitary Sewer - South Side of Isabella West of Currie Parkway     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached petition received from Nancy M. Holt for the installation of a sanitary sewer on the south side of Isabella Street west of Currie Parkway, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Sanitary Sewer - South side of Isabella East of Vance Road     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached petition received from George D. Lyons for the installation of a sanitary sewer on the south side of Isabella Street east of Vance Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Sanitary Sewer - Eastman Avenue North of Meijer     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached petition received from J.W.C. Partnership for the installation of a sanitary sewer on Eastman Avenue north of the Meijer Store, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Sanitary Sewer - Mapleton Area The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached petition received from Prodo, Inc. for the installation of a sanitary sewer to the Mapleton area, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Sanitary Sewer - Sturgeon Ave. North of Letts Road The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached petition received from Wiskin Land Developments, Inc. and Rob Kinnun for the installation of a sanitary sewer on Sturgeon Avenue north of Letts Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Street Improvement - Natalie The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Richard T. Miller for the street improvement on the existing street right of way running east from Natalie Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Street Reconstruction - Walnut The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Joyce Blenkhorn for the reconstruction of Walnut Street from Bayliss Street to Michigan Street, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Street Reconstruction - North Parkway    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Stuart Bergstein for the reconstruction of North Parkway from Dyckman Road to Crescent Drive, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

RESOLVED, that the attached petition received from Robert Christensen for the reconstruction of Saginaw Road from Dartmouth Drive to Patrick Road, Jefferson Avenue from the Circle to Sugnet Road and various railroad crossings, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Intersection Improvement - Jefferson & Wheeler     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from John A. Rapanos for the reconstruction and widening of the intersection of Jefferson Avenue and Wheeler Road, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Drainage Improvement - Nelson Street & in Central Park     Dorothy Lengerman, 405 E. Nelson, voiced her concern about Central Park and other major parks that may be adding to the overloaded sanitary and storm sewer systems and suggested looking at drainage from parks. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petitions received from Richard W. Hofer, Mr. and Mrs. C. A. Lengerman and Dan Veresh for drainage improvements on Nelson Street from Jefferson Avenue to Rodd Street and within Central Park are hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Drainage Improvement - Airfield, Glendale and Scott Street Area     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petition received from Harry Rolka for drainage improvements in the Airfield Lane, Glendale Street and Scott Street area is received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Drainage Improvement - Swede and Sugnet Road Area      The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that a verbal request received from Jim Kane for drainage improvements in the Swede Avenue and Sugnet Road area, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Sidewalk Maintenance - Moorland Drive    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

Sidewalk Maintenance - Jefferson Avenue    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached petitions received from Carolyn Sue Bradford and Mr. and Mrs. C. A. Lengerman for the installation of the Nelson pumping station are hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion denied.)

Phase I of the Sensible Sewer Program    William Fagley, 2700 Glendale, stated the time for acting is now and "Phase I" of the Sensible Sewer Program should not be referred to the Engineering Department. John Rapanos, 1012 W. Sugnet, felt all work sessions should be held prior to referring items to the Engineering Department. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that a verbal request received from William Fagley for sewer system improvements (Phase I of Sensible Sewer Program), is hereby received and referred to the City Engineering Department for consideration of inclusion in the 1999 Construction Program. (Motion adopted.)

Mayor Black indicated the Nelson Street Pumping Station and the "Phase I - Sensible Sewer Program" would be discussed with other alternatives for the Sewer Repair Program.

Sopcak Resignation - Planning Commission The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the resignation of Jeffrey Sopcak as a member of the Planning Commission is hereby accepted; and

RESOLVED FURTHER, that the administration is directed to convey the Council’s appreciation to Mr. Sopcak for his service on this important Commission. (Motion adopted.)

Softball Events in May of 1999 and June of 2000 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City of Midland and the Midland Redcoats have worked together on several occasions to promote National softball events; and

WHEREAS, the Amateur Softball Association of America, the National governing body of softball, has offered Midland the opportunity to host the Men’s National Team Festival May 19-22, 1999 and the Women’s National Team Festival June 12-15, 2000; and

WHEREAS, the Redcoats have requested specific City support for the events; now therefore

RESOLVED, that the City Council authorizes the use of Emerson Park on said dates and authorizes the Midland Redcoats to charge admission for the event, as well as operate concessions including a beer concession connected with the event; and

RESOLVED FURTHER, that the City Council direct the Parks and Recreation staff to support the Redcoats in the operation of these events. (Motion adopted.)

Final Plat - Hearthstone Estates No. 2    James Schroeder, Director of Planning and Community Development, presented information on the final plat of Hearthstone Estates No. 2. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the Final Plat of Hearthstone Estates No. 2 is in conformance with the approved Preliminary Plat, and all requirements of Chapter 23 of the Code of Ordinances of the City of Midland have been met; now therefore

RESOLVED, that the City Council does hereby approve the Final Plat of Hearthstone Estates No. 2, in accord with Section 23-18 of the Code of Ordinances of the City of Midland; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the contract for the required improvements; and

RESOLVED FURTHER, that the City Clerk is hereby authorized to execute the said record plat on behalf of the City. (Motion adopted.)

Time Extension - Sidewalks in Riverbend Subdivision     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a written request has been received from J. Pomranky, Inc., proprietor of Riverbend Subdivision, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk on the north side of Chippewassee Trail in Riverbend Subdivision until September 30, 1999, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that the City Council finds that the completion of sidewalk on the south side of the right-of-way of Chippewassee Trail to the east plat line of Riverbend Subdivision is in the public interest and is to be installed by May 31, 1999, and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 31, 1999, equal to the amount of all sidewalk to be installed (including the sidewalk for which the extension is granted, and the sidewalk which is to be installed by May 31, 1999), Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk in said subdivision. (Motion adopted.)

Time Extension - Sidewalks in Scenic Woods Subdivision     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Prodo, Inc., proprietor of Scenic Woods Subdivision, to extend the period of time to complete the sidewalk in said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk in Scenic Woods Subdivision until October 16, 1999, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 31, 1999, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk in said subdivision. (Motion adopted.)

Time Extension - Sidewalks in Sterling Park Estates No. 8     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Earl D. Bennett Construction, Inc., proprietor of Sterling Park Estates No. 8, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the time to complete the sidewalk on the Foxboro Court and Dover Court rights-of-way in Sterling Park Estates No. 8 until December 16, 2000, conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of required completion of the sidewalk; and

RESOLVED FURTHER, that the City Council finds that the completion of sidewalk on the Summerset Drive and Northgate Drive rights-of-way in Sterling Park Estates No. 8 is in the public interest and is to be installed by May 31, 1999; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by January 31, 1999, equal to the amount of all sidewalk to be installed (including the sidewalk for which the extension is granted, and the sidewalk which is to be installed by May 31, 1999), Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk in said subdivision. (Motion adopted.)

Order of Completion - Sidewalks in Wintergreen Estates No. 11     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, a written request has been received from Wintergreen Associates, Inc., proprietor of Wintergreen Estates No. 11, to extend the period of time to complete the sidewalk within said subdivision; and

WHEREAS, the City Council finds that the completion of all sidewalk in Wintergreen Estates No. 11 is in the public interest; now therefore

RESOLVED, the City Council declines to extend the period of time to complete the sidewalk within Wintergreen Estates No. 11; and

RESOLVED FURTHER, that if the proprietor fails to complete said sidewalk by May 31, 1999, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk. (Motion adopted.)

Re-lighting Common Areas at Washington Woods    The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, bids were received for re-lighting the common areas of Washington Woods; and

WHEREAS, funds are available in the 1998-1999 budget, Account Number 536-9120-912.97-20; and

WHEREAS, Blasy Electric has submitted the low bid of $18,330.00; now therefore

RESOLVED, that the proposal of Blasy Electric is hereby accepted, and the Purchasing Agent is authorized to issue a purchase order; and

RESOLVED FURTHER, that the Purchasing Agent has the authority to approve any change orders modifying this contract in an amount up to $5,000.00. (Motion adopted.)

Electronic On-line Service - Library The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, Information Access Company of San Francisco is the only supplier of the electronic services which the Grace A. Dow Memorial Library requires; and

WHEREAS, funding for these services are provided in the Library’s materials budget; now therefore

RESOLVED, that the City Council hereby determines that sealed proposals are impractical, and in accord with Section 2-18 of the Code of Ordinances the requirement for sealed proposals is hereby waived and the purchase of electronic on-line services from Information Access Company of San Francisco is hereby approved for the 1998/99 fiscal year at a cost not to exceed $33,000. (Motion adopted.)

Membership Fee & Services from White Pine Library Coop     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, as a member of the White Pine Library Cooperative, the Grace A. Dow Memorial Library is eligible for necessary and valuable services to the Library that are only provided by the cooperative; and

WHEREAS, funding for these services are provided in the Library’s general fund; now therefore

RESOLVED, that based upon the recommendation of the Library Director, the City Council hereby determines that the services purchased from the White Pine Library Cooperative are professional services in accord with Section 2-19 of the Code of Ordinances, and hereby approves the purchase of bibliographic access and interloan services from White Pine Library Cooperative for the 1998/99 fiscal year at a cost not to exceed $27,000. (Motion adopted.)

Special Request - Saginaw Valley Orchid Society     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the request dated November 11, 1998, from the Saginaw Valley Orchid Society asking permission to place directional signs on the public right of way from noon, Saturday, November 28, 1998 through 6:00 p.m., Sunday, November 29, 1998, is hereby deemed to be of public or civic interest; now therefore

RESOLVED, that the City Council hereby grants permission to the Saginaw Valley Orchid Society to place directional signs on the public right of way in accord with Article I Section 22-2 of the Code of Ordinances, provided the signs do not exceed 15" x 30" or obstruct visibility for drivers or pedestrians; and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner. (Motion adopted.)

Zoning Petition No. 436 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, December 21, 1998, at 7:30 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. ______

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-4 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: Beginning at a point on the West Section line of Section 12, T14N, R2E, City of Midland, Midland County, Michigan, 1181.75 feet South of the Northwest corner of said Section 12; thence South to a point 1008 feet North of the West 1/4 corner; thence East 416 feet; thence South 208 feet; thence West 416 feet to the West Section line; thence South 800 feet to the West 1/4 corner; thence East along the East-West 1/4 line to the Westerly right-of-way line of US-10; thence Northwesterly along said Westerly right-of-way line to the North 1/8 line; thence Northwesterly along the said right-of-way 158.61 feet; thence West 355.10 feet to the point of beginning,

be, and the same is hereby changed to a Residential A-4 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. (Motion adopted. Considered first reading.)

ZTA No. 134A The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, December 21, 1998, at 7:30 p.m. in the Council Chambers, City Hall, for the purpose of considering the advisability of amending Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. __________

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 ARTICLE XII--OFFICE-SERVICE "1," SECTION 12.3, SCREENING; ARTICLE XIII--OFFICE-SERVICE "2," SECTION 13.3, SCREENING; ARTICLE XIV--BUSINESS "A," SECTION 14.3, SCREENING, ARTICLE XV--

BUSINESS "B-1," SECTION 15.3, SCREENING; ARTICLE XVI--BUSINESS "B-2," SECTION 16.3, SCREENING; ARTICLE XVIII--BUSINESS "C," SECTION 18.3, SCREENING, ARTICLE XX--LIMITED COMMERCIAL, MANUFACTURING, AND RESEARCH, SECTION 20.3, LANDSCAPE AND SCREENING; ARTICLE XXII--INDUSTRIAL "A," SECTION 22.3, SCREENING; ARTICLE XXIII--INDUSTRIAL "B," SECTION 23.3, SCREENING; ARTICLE XXIX--SUPPLEMENTARY REGULATIONS, SECTION 29.12, SCREENING REQUIREMENTS, AND ARTICLE XXX--OFF-STREET PARKING AREA REQUIREMENTS, SECTION 30.3, GENERAL REGULATIONS, SUBSECTION (K), SCREENING OF PARKING SPACES.

The City of Midland Ordains:

Section 1. That Article XII--OFFICE-SERVICE "1," Section 12.3, SCREENING; Article XIII--OFFICE-SERVICE "2," Section 13.3, SCREENING; Article XIV--BUSINESS "A," Section 14.3, SCREENING, Article XV--BUSINESS "B-1," Section 15.3, SCREENING; Article XVI--BUSINESS "B-2," Section 16.3, SCREENING; Article XVIII--BUSINESS "C," Section 18.3, SCREENING, Article XX--LIMITED COMMERCIAL, MANUFACTURING, AND RESEARCH Section 20.3, LANDSCAPE AND SCREENING; Article XXII--INDUSTRIAL "A," Section 22.3, SCREENING; Article XXIII--INDUSTRIAL "B," Section 23.3, SCREENING; Article XXIX--SUPPLEMENTARY REGULATIONS, Section 29.12, SCREENING REQUIRE-MENTS, and Article XXX--OFF-STREET PARKING AREA REQUIREMENTS, Section 30.3, GENERAL REGULATIONS, Subsection (k), Screening of parking spaces, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended and shall read as follows:

ARTICLE XII--OFFICE-SERVICE "1" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 12.3 SCREENING

Any Office-Service "1" zoned land, when developed for other than MULTI-FAMILY USE OR PERMITTED NONResidential purposes, shall be screened on all sides which abut a residential district in accordance with Article XXIX, Section 29.12, of this Ordinance.

ARTICLE XIII--OFFICE-SERVICE "2" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 13.3 SCREENING

Any Office-Service "2" zoned land, when developed for other than MULTI-FAMILY USE OR PERMITTED NONResidential purposes, shall be screened on all sides which abut a Residential district, in accordance with Article XXIX, Section 29.12, of this Ordinance.

ARTICLE XIV--BUSINESS "A" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 14.3 SCREENING

Any Business "A" District zoned land, when developed for commercial purposes, shall be screened on all sides which abut a Residential district, and on all sides which are directly across a street from a residential district, in accordance with Article XXIX, Section 29.12, of this Ordinance.

ARTICLE XV--BUSINESS "B-1" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 15.3 SCREENING

Any Business "B-1" District zoned land, when developed for commercial purposes, shall be screened on all sides which abut a Residential district, and on all sides which are directly across a street from a Residential district, in accordance with Article XXIX, Section 29.12, of this Ordinance.

ARTICLE XVI--BUSINESS "B-2" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 16.3 SCREENING

Any Business "B-2" District zoned land, when developed for commercial purposes, shall be screened on all sides which abut a Residential district, and on all sides which are directly across a street from a Residential district. in accordance with Article XXIX, Section 29.12, of this Ordinance.

ARTICLE XVIII--BUSINESS "C" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 18.3 SCREENING

Where goods and materials are stored outside an enclosed building, such yard, storage area or other area used for this purpose which is directly visible from the public right-of-way or from property zoned Agricultural District, Residential District, Office-Service "1" District, Office-Service "2" District, Community District, Business "A" District, Business "B-1" District or Business "B-2 District, shall be screened by a permanent fence or wall not less than five (5) feet in height and shall completely obscure the view from abutting property and the public right-of-way.

Boundary screening: Any Business "C" District, when developed for commercial purposes, ZONED LAND shall be screened on all sides which abut a Residential District, IN ACCORD WITH ARTICLE XXIX, SECTION 29.12, OF THIS ORDINANCE. Said screen shall permanently obscure view between the two districts to a height of not less than six (6) feet from the average grade of the Residential District. The screening shall consist of plant material or other screening techniques such as fencing, earthen berms, and the like. Where such Business "C" District is across a public street from a Residential District, except in those areas where buildings are within fifteen (15) feet of the property line, there shall be provided screening which permanently obscures the view into the commercial area to a height of six (6) feet. The screening shall consist of any one or a combination of plant material, fencing, masonry walls, earthen berms, and the like. Where, in the opinion of the Building Official, said screening would constitute a hazard to safety and security, it shall be no higher than three and one-half (3 1/2) feet.

STORED GOODS, MATERIALS, AND EQUIPMENT VISIBLE FROM ANY STREET OR PUBLIC RIGHT-OF-WAY OR FROM PROPERTY ZONED AGRICULTURAL, RESIDENTIAL, COMMUNITY, OFFICE-SERVICE, OR BUSINESS SHALL BE SCREENED IN ACCORD WITH ARTICLE XXIX, SECTION 29.12, OF THIS ORDINANCE.

ARTICLE XX--LIMITED COMMERCIAL, MANUFACTURING,

AND RESEARCH DISTRICT

Section 20.3 LANDSCAPE AND SCREENING

(a) All setback areas shall be landscaped with lawns, trees, shrubs and other plantings, and may include reflecting pools, retaining walls and other landscape construction harmonious with the overall landscape scheme.

(Ab) Where this district abuts RESIDENTIAL residentially zoned land or land shown as residential on the adopted Land Use Plan for the City of Midland, there shall be a minimum six (6) foot high screen within the first twenty-five (25) feet back from the property line. The required screen shall have an obscuration of at least seventy-five (75) percent, except if of plant material, a one-year period is allowed to reach the required seventy-five (75) percent (75%) obscuration. Screening shall consist of masonry wall, wood fence, landscape material, berms, or combination thereof.

(Bc) Where this district is across the street from RESIDENTIAL residentially zoned land, landscaping shall be provided in the front yard or side street yard, which consists of a mixture of deciduous and coniferous trees and shrubs, all of which, when taken together, will interrupt the view of the buildings by twenty (20) percent of any one hundred (100) foot length.

(Cd) All parking and loading areas shall be screened from public streets by the use of berms, landscaping, or fencing to minimize the visibility of such areas. No parking area shall contain more that one hundred (100) spaces. If a greater number is required, separate parking areas of not more than one hundred (100) spaces shall be provided and shall be separated by a landscaped area at least twenty (20) feet in width.

ARTICLE XXII--INDUSTRIAL "A" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 22.3 SCREENING

ANY INDUSTRIAL "A" ZONED LAND SHALL BE SCREENED ON ALL SIDES WHICH ABUT A RESIDENTIAL DISTRICT IN ACCORD WITH ARTICLE XXIX, SECTION 29.12, OF THIS ORDINANCE.

Where STORED goods, and materials, AND EQUIPMENT are stored outside an enclosed building, such yard, storage area or other area used for this purpose which is directly visible from the VISIBLE FROM ANY STREET OR public right-of-way or from property zoned Agricultural District, Residential District, Office-Service "1" District, Office-Service "2" District, OR Business "A" District, Business "B-1" District, or Business "B-2" District shall be screened so as to completely obscure view from the abutting property and the public right-of-way IN ACCORD WITH ARTICLE XXIX, SECTION 29.12, OF THIS ORDINANCE.

Boundary Screening: Any Industrial "A" District, when developed for industrial or commercial purposes, shall be screened on all sides which abut a Residential District. Said screen shall permanently obscure view between the two districts to a height of not less than six (6) feet from the average grade of the Residential District. The screening shall be located within the first sixty (60) feet abutting a residential area and shall consist of plant material, but may also include other screening techniques such as fencing, earthen berms, and the like. Where such Industrial "A" District is across a public street from a Residential District, except in those areas where buildings are within fifteen (15) feet of the property line, there shall be provided screening which permanently obscures view into the industrial area to a height of six (6) feet. The screening shall consist of any one or a combination of plant material, fencing, masonry walls, earthen berms, and the like. Where, in the opinion of the Building Official, said screening would constitute a hazard to safety and security, it shall be no higher than three and one-half (3 1/2) feet.

Where the Industrial District is separated from a Residential zoning district by a railroad right-of-way, screening shall be provided in accord with ARTICLE XXIX, Section 29.12, of this Ordinance.

ARTICLE XXIII--INDUSTRIAL "B" DISTRICT USE,

AREA, HEIGHT AND PLACEMENT REGULATION

Section 23.3 SCREENING

Any Industrial "B" zoned land District, when developed for industrial or commercial purposes, shall be screened on all sides which abut a Residential district IN ACCORD WITH ARTICLE XXIX, SECTION 29.12, OF THIS ORDINANCE. Said screen shall permanently obscure view between the two districts to a height of not less than six (6) feet from the average grade of the Residential district. The screening shall be located within the first sixty (60) feet abutting a residential area and shall consist of plant material, and may also include other screening techniques such as fencing, earthen berms and the like. Where such Industrial "B" District is across a public street from a Residential district, except in those areas where buildings are within fifteen (15) feet of the property line, there shall be provided screening which permanently obscures view into the industrial area to a height of six (6) feet. The screening shall consist of any one or a combination of plant material, fencing, masonry walls, earthen berms, and the like. Where, in the opinion of the Building Official, said screening would constitute a hazard to safety and security, it shall be no higher than three and one-half (3 1/2) feet.

STORED GOODS, MATERIALS, AND EQUIPMENT VISIBLE FROM ANY STREET OR PUBLIC RIGHT-OF-WAY OR FROM PROPERTY ZONED AGRICULTURAL, RESIDENTIAL, OFFICE-SERVICE OR BUSINESS, SHALL BE SCREENED IN ACCORD WITH ARTICLE XXIX, SECTION 29.12, OF THIS ORDINANCE.

Where an Industrial District is separated from a Residential zoning district by a railroad right-of-way, screening shall be provided in accord with ARTICLE XXIX, Section 29.12, of this Ordinance.

ARTICLE XXIX--SUPPLEMENTARY REGULATIONS

Section 29.12 SCREENING REQUIREMENTS

(a) Whenever screening is required between two (2) zoning districts, there shall be provided at the time of the development of any premises, and maintained thereafter, an "obscuring screen" which shall be a fence, wall, plant materials, or other screening device, or combination thereof, that obstructs seventy-five (75) percent of the field of vision from the ground to a height of six (6) feet when viewed from a distance of five (5) feet or more. Open spaces within such screening shall not exceed a one (1) foot square, or exceed a two (2) square foot area when an elongated or irregular shape. Such screen shall be constructed in accordance with one (1) or a combination of the following.

1. A solid wall or fence with a finished surface fronting on the Residential district. All materials shall be new or other material if approved by the Building Official. THE USE OF STRIPPING IN CHAIN LINK FENCE IS NOT AN ACCEPTABLE METHOD OF COMPLYING WITH SCREENING REQUIRE-MENTS.

2. A landscape buffer not less than five (5) FOUR (4) feet in width consisting of not less than seventy-five (75) percent (75%) evergreen PLANT material Plant material shall be of a variety which shall maintain an WHICH WILL PROVIDE A YEAR-ROUND "obscuring screen."

3. A buffer consisting of a combination of earthen berm, fencing, and/or plant materials which will provide an "obscuring screen."

4. EXCEPT AS PROVIDED HEREIN, A all screening shall be a minimum of six (6) feet in height as measured from the highest ground elevation within three (3) FOUR AND ONE-HALF (4 1/2) feet on either side of the line separating the zoning districts.

(b) Wherever screening is required in a district which is directly across a street from a Residential district, and the buildings are set back more than fifteen (15) feet from a street lot line, the above screening requirements shall apply, except the height requirement may be not less than two and one-half (2 1/2) feet. SCREENING SHALL NOT BE MORE THAN THREE AND ONE-HALF (3 1/2) FEET IN HEIGHT WHEN LOCATED IN ANY REQUIRED FRONT OR SIDE STREET YARD.

(c) WHERE A DRIVEWAY INTERSECTS A PUBLIC RIGHT-OF-WAY, ALL SCREENING WITHIN THE TRIANGULAR AREA ON BOTH SIDES OF THE DRIVE, FORMED BY THE INTERSECTION OF EACH SIDE OF THE DRIVE AND THE PUBLIC RIGHT-OF-WAY TWENTY (20) FEET IN LENGTH FROM THE POINT OF INTERSECTION, AND THE THIRD SIDE BEING A LINE CONNECTING THE ENDS OF THE OTHER TWO SIDES, SHALL NOT BE GREATER THAN THREE (3) FEET IN HEIGHT.

(D) SCREENING FOR THE OUTSIDE STORAGE OF GOODS AND MATERIALS SHALL BE SIX (6) FEET IN HEIGHT AND PROVIDE COMPLETE (100%) OBSCURITY.

(cE) The developer shall submit plans and specifications for the type of screening to be employed at the time application is made for building permit.

(dF) The Zoning Board of Appeals may waive or modify these requirements where, in its opinion, the public interest would not be served by its strict application.

(G) WHEN SCREENING OR BUFFERS CONSIST OF LANDSCAPE MATERIAL, IT SHALL BE INSTALLED IN A SOUND, WORKMANLIKE MANNER AND ACCORDING TO ACCEPTED GOOD PLANTING PROCEDURES, WITH THE QUALITY OF PLANT MATERIALS AS HEREINAFTER DESCRIBED. LANDSCAPE MATERIAL SHALL COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE AT THE TIME OF INSTALLATION. ALL ELEMENTS OF LANDSCAPING, EXCLUSIVE OF PLANT MATERIALS, SHALL BE INSTALLED SO AS TO MEET ALL OTHER APPLICABLE ORDINANCES AND CODE REQUIREMENTS. LANDSCAPED AREAS SHALL REQUIRE PROTECTION FROM VEHICULAR ENCROACHMENT BY PLACING CAR STOPS AT LEAST THREE (3) FEET FROM THE EDGE OF SUCH LANDSCAPED AREAS. THE CHIEF BUILDING OFFICIAL, OR HIS AGENTS, SHALL INSPECT ALL LANDSCAPING, AND NO CERTIFICATE OF OCCUPANCY OR SIMILAR AUTHORIZATION WILL BE ISSUED UNLESS ALL LANDSCAPING MEETS THE REQUIREMENTS HEREIN PROVIDED.

(H) THE OWNER OR HIS AGENT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING, FENCES, AND WALLS LOCATED IN AREAS WHERE LANDSCAPING, FENCES, AND WALLS ARE USED FOR SCREENING OR BUFFERS, IN ACCORD WITH THE FOLLOWING STANDARDS:

1. KEEP LANDSCAPING REASONABLY FREE OF VISIBLE SIGNS OF INSECTS AND DISEASE AND APPROPRIATELY IRRIGATED TO ENABLE LANDSCAPING TO BE IN A HEALTHY GROWING CONDITION.

2. MOW, TRIM, OR PRUNE LANDSCAPING IN A MANNER AND AT A FREQUENCY APPROPRIATE TO THE USE MADE OF THE MATERIAL AND SPECIES ON THE SITE SO AS NOT TO DETRACT FROM THE APPEARANCE OF THE GENERAL AREA.

3. MAINTAIN ALL LANDSCAPING TO MINIMIZE PROPERTY DAMAGE AND PUBLIC SAFETY HAZARDS, INCLUDING REMOVAL OF DEAD OR DECAYING BRANCHES, REMOVAL OF LOW-HANGING BRANCHES NEXT TO SIDEWALKS AND WALKWAYS AND REMOVAL OF ROOT SYSTEMS WHICH SHOW EVIDENCE OF DESTROYING PUBLIC OR PRIVATE PROPERTY, AND MAINTENANCE OF SIGHT DISTANCE STANDARDS AS SET FORTH HEREIN.

4. KEEP ALL FENCES AND WALLS MAINTAINED IN A CONDITION THAT MEETS THE MINIMUM SCREENING OR BUFFERING REQUIREMENTS.

5. PAINT, STAIN, WEATHERPROOF, TUCK POINT, ETC., AT A FREQUENCY APPROPRIATE TO THE TYPE OF MATERIAL SO AS TO KEEP THE FENCE OR WALL IN SOUND CONDITION AND NOT DETRACT FROM THE APPEARANCE OF THE GENERAL AREA.

ARTICLE XXX--OFF-STREET PARKING AREA REQUIREMENTS

Section 30.3 GENERAL REGULATIONS

(k) Screening of parking spaces.

The following screening requirements shall be in accordance with Article 29.12, except the height of said screening need not be greater than four and one-half (4 1/2) feet.

1. All parking spaces in any district serving other than one- and two-family dwellings which are located less than one hundred (100) feet from any abutting Residential Ddistrict OR OFFICE-SERVICE DISTRICT DEVELOPED WITH ONE- OR TWO-FAMILY DWELLINGS LOCATED IN THE SAME BLOCK, shall be screened PROVIDE OBSCURATION in accordance with Article XXIX, Section 29.12(a)1-3, of this Ordinance. SCREENING SHALL BE A MINIMUM OF THREE AND ONE-HALF (3 1/2) FEET IN HEIGHT, AS MEASURED FROM THE HIGHEST GROUND ELEVATION WITHIN FOUR AND ONE-HALF (4 1/2) FEET ON EITHER SIDE OF THE SCREEN. EXCEPTION: Screening shall not be required between abutting parking spaces serving adjoining multiple-family uses.
2. Any parking FOR MULTI-FAMILY USE OR FOR NONRESIDENTIAL USES PERMITTED IN ANY AGRICULTURAL, RESIDENTIAL, COMMUNITY, OFFICE-SERVICE, BUSINESS, OR INDUSTRIAL DISTRICT, in an Office-Service district which is directly across a street from a Residential Ddistrict shall be screened in accordance with Article XXIX, Section 29.12 of this Ordinance THE FOLLOWING:

a. SCREENING SHALL BE A MINIMUM OF TWO AND ONE-HALF (2 1/2) FEET IN HEIGHT, BUT SHALL NOT EXCEED THREE (3) FEET IN HEIGHT. SCREENING SHALL BE WITHIN FIVE (5) FEET OF THE PARKING AREA TO BE SCREENED.

b. SCREENING SHALL PROVIDE A MINIMUM OF FIFTY (50) PERCENT OBSCURATION AT THE TIME OF INSTALLATION.

c. Screening shall not be required when said Residential district is developed with other than A residential use.

3. Parking areas serving any multiple-family residential use or office use which abuts a Residential district, or Office- Service district developed with one- or two-family dwellings shall be screened in accordance with Article XXIX, Section 29.12 of this Ordinance.

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.)

NEW BUSINESS:

Council scheduled the following special meetings:

December 14, 1998, at 7:00 p.m. - Work session on Sanitary and Storm Sewer Proposals

January 4, 1999, at 7:00 p.m. - Budget Process Meeting

January 20, 1999, at 7:00 p.m. - Engineering Priorities Meeting

February 1, 1999, at 7:00 p.m. - Budget Priorities Meeting

Being no further business the meeting adjourned at 10:42 p.m.

_____________________________________