June 7, 1999

A regular meeting of the City Council was held on Monday, June 7, 1999, at 7:00 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 May 17, 1999 special and regular meetings and the May 24, 1999 special meeting was offered by Councilman Moolenaar and seconded by Councilman Tysse. (Motion adopted.)

Make Midland Beautiful Posters Mayor Black with the assistance of Stephanie Box, Poster Contest Chairperson for the Make Midland Beautiful Poster Contest, recognized the top fifteen students from Midland’s elementary schools for their works of art that depicted, from their perspective, what makes Midland beautiful.

Pangborn Scholarship Award Mayor Black announced and introduced the 1999 recipients of the Weyant M. Pangborn Memorial Scholarship Awards. John W. Haag, son of John D. Haag, a Battalion Chief with the Midland Fire Department and Suzanne Haag, was awarded the $1,000 scholarship and Josh Dugger, son of Dennis Dugger, a Water Treatment Plant operator and Rachel Dugger, was awarded the $500 scholarship. The Weyant M. Pangborn Memorial Scholarship Trust was established in 1972 by the Pangborn family and the City of Midland in memory of Weyant M. Pangborn, a long-term City of Midland employee, who in his tenure served as Assistant City Manager, Manager and Finance Director. The assistance scholarship provides a grant each year to a permanent, classified municipal employee or dependent to pursue education in any accredited trade school, college or university.

Herbert H. (Ted) Doan Day The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Tuesday, June 8, 1999 as Herbert H. (Ted) Doan Day in Midland. (Motion adopted.)

99 SARA Assessment Roll Diane Dryzga, City Assessor, presented information on the "1999 Downtown Economic Revitalization Public Improvement Special Assessment District". A public hearing was opened at 7:14 p.m., no comments were made, the hearing closed at 7:15 p.m. The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of a certain revitalization program on the "1999 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $72,032.40 and that the total estimated cost of said improvements is $72,032.40, and the City at large cost is zero (0); and

RESOLVED FURTHER, that fifty (50) percent of the amount of said roll shall be collected during the year of 1999, and fifty (50) percent of said roll shall be collected during the year of 2000; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the City Council; and

RESOLVED FURTHER, that said roll shall be forwarded to the City Assessor for spreading fifty (50) percent of said Roll on July 1, 1999 without interest, and fifty (50) percent of said roll on July 1, 2000 without interest. (Motion adopted.)

Zoning Petition No. 443 James Schroeder, Director of Planning and Community Development, presented information on a request to rezone the north side of West Wackerly Street west of Dublin Avenue to Office-Service 2. A public hearing was opened at 7:33 p.m. John L. Carter, 6116 Pinewood, spoke in support of Zoning Petition No. 443. Michael Skinner, petitioner for the rezoning, whose address is 6105 Woodpark, spoke in support of his request. The hearing closed at 7:37 p.m. The following ordinance amendment was then offered by Councilman Moolenaar and seconded by Councilman Tysse:

ORDINANCE NO. 1452

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 OFFICE-SERVICE 2 ZONING CLASSIFICATION WHERE RESIDENTIAL A-1 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: Lot 2 of Edwards Subdivision,

be, and the same is hereby changed to an Office-Service 2 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: Coppage, Moolenaar, Wazbinski Nays: Black, Tysse)

 

 

PUBLIC COMMENTS No comments were made.

Filtered Water Rate Ordinance Noel Bush, Director of Utilities, presented an overview of an amendment to the Filtered Water Rate Ordinance.   Introduction and first reading of the following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES FOR FILTERED WATER SERVICE BY AMENDING SECTION 28-70 OF DIVISION 4 OF ARTICLE II OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1. Sec. 28-70 of Division 4 of Article II of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-70. Filtered water rate generally.

All filtered water bills shall be calculated according to the following:

(a) For each 1,000 gallons used per quarter . . . . . $ .97 $1.00

In addition to the rate set forth in this section for the use

of water, there shall be a readiness-to-serve charge per quarter on each metered service as follows:

5/8" - 3/4" metered service . . . . . . . $ 27.21 27.00

1" metered service . . . . . . . . . . . . . . . 35.40 35.10

1-1/2" metered service . . . . . . . . . . . . 43.56 43.20

2" metered service . . . . . . . . . . . . . . . 70.77 70.20

3" metered service . . . . . . . . . . . . . . . 272.19 270.00

4" metered service . . . . . . . . . . . . . . . 353.85 351.00

6" metered service . . . . . . . . . . . . . . . 517.17 513.00

8" metered service . . . . . . . . . . . . . . . 734.94 729.00

(b) Gross rates shall be ten (10) percent greater than the above

schedule of rates and shall be charged for water service paid for after the date shown on the bills.

Section 2. This ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

Sewer Rate Ordinance Noel Bush, Director of Utilities, presented an overview of an amendment to the Sewer Rate Ordinance.  Introduction and first reading of the following ordinance amendment was then offered by Councilman Tysse and seconded by Councilman Coppage:

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF MIDLAND, MICHIGAN, TO PROVIDE NEW RATES FOR SEWER SERVICES BY AMENDING SECTION 28-163 OF DIVISION 3, OF ARTICLE III OF CHAPTER 28 THEREOF.

The City of Midland Ordains:

Section 1. Section 28-163 of Division 3 of Article III of Chapter 28 of the Code of Ordinances is hereby amended to read as follows:

Sec. 28-163. Amount of sewer charge.

The charges for sewer service shall be calculated according to the following schedule:

(a) There shall be a readiness-to-serve charge per quarter on each metered water service as follows:

5/8" - 3/4" metered service . . . . . . . . . . $ 21.45 $ 21.30

1" metered service . . . . . . . . . . . . . . 27.90 27.69

1-1/2" metered service . . . . . . . . . . . . 34.35 34.08

2" metered service . . . . . . . . . . . . . . 55.80 55.38

3" metered service . . . . . . . . . . . . . . 214.59 213.00

4" metered service . . . . . . . . . . . . . . 278.97 276.90

6" metered service . . . . . . . . . . . . . . 407.73 404.70

8" metered service . . . . . . . . . . . . . . 579.42 575.10

(b) In addition to the readiness-to-serve charge set forth in paragraph (a) of this section, there will be an additional charge for sewer service which will be calculated as follows:

For each 1,000 gallons of water used per quarter . . . . . $1.23 $1.25

However, bills for sewer services for two (2) summer quarters for domestic customers, schools and churches shall be based on the average consumption during two (2) winter quarters. In cases where there is no previous consumption upon which to base bills for sewerage service in the summer quarters, twenty-five thousand (25,000) gallons or actual consumption, whichever is the least, shall be used.

Section 2. This ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

DDA Re-appointments The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that in accord with Section 4 of Act 197 of 1975, the Downtown Development Authority Act, the City Council confirms the reappointment of Fred White, John Zimmerman and Claudia Wallin for terms to expire May 1, 2003, to the Downtown Development Authority. (Motion adopted.)

 

Site Plan No. 179 James Schroeder, Director of Planning and Community Development, presented information on Site Plan No. 179 for Fountain Park Place, a 15,054 square foot, two-story office building on the south side of West Wackerly Street west of Schade Drive. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 179, the request of Ramsay Sadek of Design Engineering Group, on behalf of Dr. Corey Rodnick, for site plan review and approval of Fountain Park Place, a 15,054 square foot, two-story office building on the south side of West Wackerly Street west of Schade Drive; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 179, in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 179, in accord with the drawing dated as received May 25, 1999. (Motion adopted.)

Sale of House - 3606 W. Wackerly The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City of Midland desires to enter into a contract for the sale of a newly constructed house at 3606 W. Wackerly Street in the City of Midland; and

WHEREAS, an agreement to purchase said property, dated April 29, 1999, was submitted by Ricky and Christina Shook, in the amount of $104,000; and

WHEREAS, the purchaser will obtain a mortgage, the proceeds of which are to be disbursed to the City of Midland; and

WHEREAS, the requirement of sealed competitive proposals for sale of said property is hereby waived as being impractical; now therefore

RESOLVED, that all terms and conditions of the attached purchase agreement are hereby approved; and

RESOLVED, that all proceeds from the sale of this property shall be returned to the Housing Commission Fund; and

RESOLVED FURTHER, that the City Council hereby determines that sealed proposals for the sale of said property are impractical, and in accord with Section 2-18 of the Code of Ordinances, the Mayor and City Clerk are hereby authorized and directed to execute a warranty deed for the sale of this property on behalf of the City. (Motion adopted.)

 

Circle Mall Property - Listing Agreement Extension     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the City’s exclusive listing agreement with The Farbman Group to act as the City’s broker for the purpose of selling the Circle Mall property expired on April 5, 1999; and

WHEREAS, the City has received and accepted an offer from RGS Associates for the sale of the property and are completing the due diligence period; and

WHEREAS, The Farbman Group has requested that said agreement be extended for an additional period to complete the sale of the property; now therefore

RESOLVED, that the expiration date of the City’s exclusive listing agreement with The Farbman Group to provide marketing services for the sale of the Circle Mall property is hereby extended to August 15, 1999 and the Mayor and City Clerk are authorized to sign such listing agreement extension. (Motion adopted.)

 

Sidewalk Construction Agmt - Meijer, Inc.    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, On May 17, 1999, City Council granted property owners in the 1999 Sidewalk Improvement Program the option of installing their own sidewalks upon submission of a legal agreement acceptable to the City Attorney; and

WHEREAS, the City Attorney has prepared a Sidewalk Construction Agreement to be used for said purpose and which states that the sidewalk must be constructed by no later than July 31, 1999; and

WHEREAS, the City Engineering Department has received one (1) Sidewalk Construction Agreement from Meijer, Inc. (Parcel Code Number 11-33-70-010); now therefore

RESOLVED, that the Mayor and City Clerk are authorized to sign the Sidewalk Construction Agreement from Meijer, Inc. prepared by the City Attorney for this parcel in the 1999 Sidewalk Improvement Program. (Motion adopted.)

Traffic Control Order R-99-01 The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Traffic Control Order No. R-99-01 filed March 22, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That left hand turns be prohibited from southbound South Saginaw Road to Tucker Street.

is hereby made permanent. (Motion adopted.)

School Yard/Park - MPS Martin McGuire, Director of Public Services, presented information on the utilization of an existing playground at Cook School for a school yard/park. Midland Public Schools has agreed to allow their playground to be used as a combination school yard/park. The partnership will allow the City of Midland to utilize the existing playground to serve neighborhood needs without the cost of acquiring additional property or disturbing existing residential areas. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the Parks and Recreation Master plan identified the Cook School area as being deficient in block and district parks, and

WHEREAS, the Master Plans also identified the development of open space as a goal, and

WHEREAS, the City has developed a partnership with the Midland Public School and the Cook School PTO to develop the Cook School Playground for school and community use; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute an agreement which commits the City to matching up to $7500 in each of the next three years for the development of a school yard/park at Cook School. (Motion adopted.)

 

Contracted Legal Services - Bay City Road Interchange Project     Patricia Halm, City Attorney, presented information on payment to the law firm of Miller, Canfield, Paddock and Stone for continued legal services relating to the Bay City Road/US10 Interchange Project. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City of Midland has entered into an agreement with the Michigan Department of Transportation to construct a full interchange at the intersection of Bay City Road and US 10; and

WHEREAS, pursuant to said agreement, the City of Midland is required to pay all legal fees associated with the acquisition and condemnation of the property required for said intersection; and

WHEREAS, the services of the law firm of Miller, Canfield, Paddock and Stone have been retained to assist the City of Midland with its efforts in the acquisition and condemnation of said property; and

WHEREAS, on March 18, 1996, Council authorized payments to Miller Canfield for the aforementioned services in a total amount not to exceed $50,000; and

WHEREAS, on August 11, 1997, Council authorized payments to Miller Canfield for the aforementioned services in a total amount not to exceed $100,000; and

WHEREAS, on May 11, 1998, Council authorized payments to Miller Canfield for the aforementioned services in a total amount not to exceed $200,000; and

WHEREAS, on December 7, 1998, Council authorized payments to Miller Canfield for the aforementioned services in a total amount not to exceed $309,000; and

WHEREAS, the acquisition phase of the project is near completion and the condemnation phase is in process as two condemnation lawsuits, comprising 15 separate parcels, have been filed; and

WHEREAS, the attorneys from Miller, Canfield, Paddock & Stone estimate that additional legal fees to be incurred through the culmination of the condemnation trials will be approximately $291,000; and

WHEREAS, the cost of continuing said services is expected to exceed the previously approved amount 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, funds are available in the Bay City Road Interchange Construction Project account for this purpose; now therefore

RESOLVED, that payment to the law firm of Miller, Canfield, Paddock and Stone for continued legal services in the matter of the aforementioned Bay City Road/US 10

Interchange is hereby authorized in a total amount not to exceed $600,000 for the acquisition activities phase. (Motion adopted.)

99 US-10BR/M-20 Joint Repair The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the Michigan Department of Transportation has agreed to reimburse the City of Midland for costs incurred for joint repairs on US-10BR / M-20 limited access highway between US-10 and Saginaw Road in an amount not to exceed $350,000; and

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for said joint repair; and

WHEREAS, the successful bidder is Snowden, Inc. of Escanaba, Michigan in the amount of $249,909.75; and

WHEREAS, Michigan Department of Transportation Form 426, Quotation Request for Services or Equipment, must be executed by both the contractor and the City of Midland prior to Administrative Board approval for this work; now therefore

RESOLVED, that the sealed proposal submitted by Snowden, Inc. of Escanaba, Michigan, for the "1999 US-10BR / M-20 Joint Repairs; Contract No. 5", in the indicated amount of $249,909.75, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications subject to the approval of the MDOT Administrative Board; and

RESOLVED FURTHER, that the City Manager is hereby authorized to execute MDOT Form 426 in the amount of $349,953.00; and

RESOLVED FURTHER, that the City Manager is hereby authorized to execute Change Order No. 1 to the 1999 US-10BR / M-20 Joint Repairs; Contract No. 5 in the amount of $100,043.25 and has authority to approve any additional change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

 

Purchase - Calcium Oxide and Ferric Chloride    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, the Water Treatment and Wastewater Plants desire to continue their contracts for Calcium Oxide and Ferric Chloride treatment chemicals; and

WHEREAS, the treatment chemicals were originally awarded on June 8, 1998 to Global Stone Detroit Lime and PVS Technologies, Inc., of Detroit, Michigan with a renewal clause of the original bid price and both vendors have agreed to same; and

WHEREAS, Calcium Oxide has been rising in price each of the two years we bid on one-year contracts and Ferric Chloride has remained level in prior years and we are interested in renewing and keeping last year’s pricing structure in place, with both vendors providing good service; and

WHEREAS, this purchase consists of 1,250 tons of Calcium Oxide at the price of $85,625 ($68.50 per ton) from Global Stone Detroit Lime and 500 tons of Ferric Chloride at the price of $109,500 (219.00 per ton) from PVS Technologies, for a total expenditure of $195,125. These funds have been budgeted for the 1999-00 fiscal year; and

WHEREAS, these funds have been approved and are available in Water Treatment Plant Account #591-8162-811-76-56 and Wastewater Treatment Plant Account #590-8144-822-76-56; and budgeted for the 1999-00 fiscal ; now therefore

RESOLVED, that competitive bids are not practical and that the purchase of Calcium Oxide from Global Detroit Lime of Detroit, Michigan for the 1999-00 fiscal year not to exceed $85,625 and PVA Technologies of Detroit, Michigan for the 1999-00 fiscal year not to exceed $109,500, are accepted and a purchase order for each vendor is authorized. (Motion adopted.)

 

99 Sidewalk Improvement Special Assessment Roll     The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "1999 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Sidewalk Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the twelfth day of July, 1999, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the twelfth day of July, 1999, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion adopted.)

Zoning Text Amendment #136A The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, July 12, 1999, at 7:00 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 XXIX--SUPPLEMENTARY REGULATIONS, SECTION 29.4, FENCES.

The City of Midland Ordains:

Section 1. That Article XXIX--SUPPLEMENTARY REGULATIONS, Section 29.4, Fences, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended and shall read as follows:

ARTICLE XXIX--SUPPLEMENTARY REGULATIONS

Section 29.4 FENCES OR WALLS

(a) In any district, fences or walls located less than three (3) feet from a lot line shall not be greater than six (6) feet in height. SHALL BE NO MORE THAN THREE AND ONE-HALF (3 1/2) FEET IN HEIGHT WHEN LOCATED IN A REQUIRED FRONT YARD AND/OR REQUIRED SIDE STREET YARD.

(B) 3. No fence Iin any Residential Ddistrict, FENCES LOCATED IN OTHER THAN A REQUIRED FRONT YARD AND/OR REQUIRED SIDE STREET YARD, AND LOCATED BEHIND THE FRONT OF THE PRINCIPAL BUILDING shall NOT be GREATER more than three and one-half (3 1/2) SIX (6) feet in height when located in a required front yard LESS THAN THREE (3) FEET FROM A LOT LINE. No fence shall be more than three and one-half (3 1/2) feet in height when located in any required side street yard where vehicular street access is not restricted.

(C) 2. No fence iIn any district, a fenceS NOT LOCATED IN A REQUIRED FRONT YARD AND/OR SIDE STREET YARD, AND LOCATED BEHIND THE FRONT OF THE PRINCIPAL BUILDING, may not be greater than BE twelve (12) feet in height when located more than three (3) feet from THE PROPERTY any lot line.

(D) 1. EXCEPTIONS:

1. Fences IN ANY LOCATION may be eight (8) feet in height for:

Public sSchools (CHAIN LINK OR SIMILAR STYLES ONLY).

Public pParks (CHAIN LINK OR SIMILAR STYLES ONLY).

NONRESIDENTIAL USES IN Agricultural, Business C, Industrial A, Industrial B, COMMUNITY or LCMR Districts.

Protective fences to enclose open storage yards and electrical or gas substations.

2. FENCES ALONG A LOT LINE ADJACENT TO AN EXPRESSWAY MAY BE TWELVE (12) FEET IN HEIGHT.

3. FENCES MAY BE SIX (6) FEET IN HEIGHT FOR RESIDENTIAL LOTS ADJACENT TO A STREET WHERE VEHICULAR ACCESS IS PROHIBITED BY OFFICIAL GOVERNMENTAL ACTION.

Double-fronting lots used for residential purposes when lot line is adjacent to an expressway.

Double-fronting lots used for residential purposes (applies only to the lot line adjacent to a street where vehicular access is prohibited.

Residential lot lines adjacent to major thoroughfares (side street yards and rear yards only, with no vehicular access).

4. A building permit approving the proposed design, material, construction, height, and location specifications of any fence shall be obtained prior to the start of construction for any fence greater than six (6) feet in height.

(E) FenceS heights NOT LOCATED IN A VISION CLEARANCE AREA shall not exceed the permitted height when BE measured from the lowest GROUND elevation within four and one-half (4 1/2) feet, at right angles, on either side of the fence.

(F) The Zoning Board of Appeals, IN ACCORD WITH SECTION 34.5(d), may waive or modify GRANT SPECIAL APPROVAL TO PERMIT A FENCE THAT DOES NOT COMPLY WITH these requirements where, in its opinion, the public interest would not be served by their strict application. IT FINDS THAT A PROPOSED FENCE WILL NOT ADVERSELY AFFECT ANY OF THE FOLLOWING PUBLIC INTEREST ISSUES:

1. THE FENCE WILL NOT CREATE A SAFETY HAZARD FOR RESIDENTS OF THE PROPERTY, PEDESTRIANS, OR MOTORISTS.

2. THE FENCE WILL NOT IMPINGE ON NEIGHBORING PROPERTY RIGHTS. EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO, THE ADEQUATE SUPPLY OF AIR AND LIGHT, VISIBILITY, AND ADEQUATE SITE DRAINAGE.

3. THE FENCE WILL BE COMPATIBLE WITH THE CHARACTERISTICS OF THE NEIGHBORHOOD.

4. THE FENCE WILL NOT ADVERSELY AFFECT UNIQUE CHARACTERIS-TICS OF THE NEIGHBORHOOD.

A MAJORITY VOTE OF THE ZONING BOARD OF APPEALS IS REQUIRED TO GRANT A SPECIAL APPROVAL FOR A FENCE.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

 

Being no further business the meeting adjourned at 8:27 p.m.

 

 

_____________________________________

Penny K. Kovacevich, City Clerk