December 5, 2011

 

A regular meeting of the City Council was held on Monday, December 5, 2011, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  Boy Scout Troop #768 – St. Brigid, Troop #760 – Trinity Lutheran, and Troop #767 – Northeast led the Pledge of Allegiance to the Flag.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the November 21, 2011 regular meeting was offered by Councilman Brooks and seconded by Councilman Adams.  (Motion ADOPTED.)

 

RECOGNITION – LEONARDO GARCIA

City Manager Jon Lynch presented a proclamation recognizing Leonardo Garcia for his years of service to the City of Midland.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brown:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Fire Chief Leonardo Garcia for his outstanding contributions to the City of Midland and the Midland community, and wishing him and his family much happiness and success in their future endeavors.  (Motion ADOPTED.)  Mayor Donker presented Leonardo Garcia with the Proclamation of Recognition.

 

RECOGNITION – GERALD LADWIG

City Manager Jon Lynch presented a proclamation recognizing Gerald Ladwig for his years of service to the City of Midland.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition recognizing Police Chief Gerald Ladwig for his outstanding contributions to the City of Midland and the Midland community, and wishing him and his family much happiness and success in their future endeavors.  (Motion ADOPTED.)  Mayor Donker presented Gerald Ladwig with the Proclamation of Recognition.

 

SAFETY IMPROVEMENTS AT PATRICK ROAD & B.R. 10 – MDOT REPORT

City Engineer Brian McManus introduced Bill Mayhew of the Michigan Department of Transportation Business Transportation Service Center in Mt. Pleasant, who provided a presentation for safety improvements at Patrick Road and B.R. 10 using the roundabout concept.  Larry Pillepich, 3602 McKeith Road, spoke regarding the speed of motorists on B.R. 10 and the elevation of the B.R. 10 roadway.  The following resolution was then offered by Councilman Adams and seconded by Councilman Wazbinski:

 

WHEREAS, the Michigan Department of Transportation (MDOT) desires to improve vehicular capacity and safety at the intersection of Patrick Road and B.R. 10 using the traffic roundabout concept; and

WHEREAS, MDOT made a presentation to City Council to discuss the intersection traffic roundabout improvements; and

WHEREAS, MDOT desires to hold a public open house to share the planned project and receive comments regarding the proposed project; now therefore

RESOLVED, that City Council receives MDOT’s report regarding safety improvements utilizing the roundabout concept and orders it filed with the City Clerk; and

RESOLVED FURTHER, that City Council supports a public open house for the project.  (Motion ADOPTED.)

 

ZONING TEXT AMENDMENT NO. 154

Consultant Planner Cindy Winland presented information on Zoning Text Amendment No. 154 – to amend the City of Midland Zoning Ordinance to increase the amount of wall signage permitted in the IA and IB zoning districts.  A public hearing opened at 8:00 p.m. Mark Slater, Senior Project Manager for Dow Kokam, spoke regarding signage needs for the project.   Larry Pillepich, 3602 McKeith Road, inquired about choice of signage.  The public hearing closed at 8:10 p.m.  The following ordinance amendment was then offered by Councilman Brown and seconded by Councilman Adams:

 

ORDINANCE NO. 1722

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

The City of Midland Ordains:

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

 


Table 8.2: ON-PREMISE ADVERTISING SIGN STANDARDS

 

Zoning District

Wall and Roof signs

Projecting signs

Ground Signs

Area

Height

#

Notes

Area

#

Notes

Area

Height

#

Notes

AG, RA – Permitted Nonresidential Uses

12 sq. ft.

See Section 8.05.D

1

a,b,c

Not Allowed

12 sq. ft.

5 ft.

1

a,b,c,m

RB

12 sq. ft.

1

a,b,c

Not Allowed

18 sq. ft.

5 ft.

1

a,b,c,m

RD

40 sq. ft.

1

b,c

Not Allowed

40 sq. ft.

5 ft.

1

a,b,c,j,m

OS – Permitted Nonresidential Uses

12 sq. ft.

 

a,b,c,d

Not Allowed

12 sq. ft.

5 ft.

1

a,i,j,k,m

Community

50 sq. ft.

 

 

Not Allowed

32 sq. ft.

15 ft.

1

a,j

NC

40 sq. ft.

 

e,f,g

8 sq. ft.

1

f

40 sq. ft.

8 ft.

1

i,j,m

CC, RC

150 sq. ft.

 

e,f,g

Not Allowed

100 sq. ft.

20 ft.

1

i,j,k,l

D

40 sq. ft.

 

d,e,f,g

8 sq. ft.

1

f

40 sq. ft.

8 ft.

1

l,m

D-O and DNO

40 sq. ft.

 

d,e,f,g

8 sq. ft.

1

f

12 sq. ft.

5 ft.

1

l,m,n

C

100 sq. ft.

 

d,e,f,g

8 sq. ft.

1

f

40 sq. ft.

8 ft.

1

l,m

IA, IB

300 sq. ft.

 

e,f,g,h

Not Allowed

150 sq. ft.

25 ft.

1

i,j,k

LCMR

150 sq. ft.

 

e,f,g

Not Allowed

100 sq. ft.

18 ft.

1

i,j,k

 


Wall, Roof, and Ground Sign Footnotes:

[a]        Places of worship and other religious institutions shall be permitted one (1) additional on-premise advertising sign for each school, parsonage, or other related facility.

[b]        Public and quasi public buildings and facilities, schools, and places of worship, when combining the name with a sign as permitted in Section 8.04.A.9, may have a total name with sign area of 32 sq. ft.

[c]        One (1) residential entranceway or identification sign, either a wall or ground sign, shall be permitted at each entrance to a subdivision, apartment complex or other residential development. The residential entranceway or identification sign shall comply with the provisions of Section 8.06.D.

[d]        Where a site has no ground sign on a site in the D-O or DNO district, a sign may run the length of an awning up to the maximum wall sign area allowed in table 8.2.

Wall and Roof Sign Footnotes:

[e]        Where multiple business, office or industrial establishments are located in a single building with common, exterior entrances, the total area of all signs on the parcel may be increased by four (4) square feet for each additional establishment, up to a maximum of thirty-two (32) additional square feet.

[f]         Where multiple business, office or industrial establishments are located in a single building and each has its own exterior entrance, each establishment will be allowed additional wall signage so long as the total wall signage for the entire building does not exceed the Zoning Ordinance requirements. In addition to the maximum sign area permitted by Table 8.2, sign area may be increased based on the street frontage measured at the right of way line on a one to one ratio, up to a maximum of 150 square feet.

[g]        For buildings on corner or through lots, the maximum total area of all wall signs may be increased by fifty percent (50%) where the signage is divided between the two (2) street frontages.  The larger of the two (2) signs shall not exceed the maximum sign area permitted by Table 8.2.

Ground Sign Footnotes:

[h]       In the IA and IB districts, the size of all wall signs on each wall where signage is permitted, may be increased if

1.    Any point of the principle structure on the wall on which the sign size will be calculated, is more than 200’ from the property line abutting a public road, measured from a 90 degree angle at the road right of way.  The structure must be located on the property abutting the public road from which the measurement is being taken.

2.    There is at least 200’ of frontage on the public road identified in item 1. of this provision.

3.    If items 1. and 2. are met,

a.    The total signage on a wall facing a public road may be increased by 1 square foot for each foot greater than 200’ lineal feet, not to exceed 600 square feet on any one wall. 

b.    Multiple signs may be placed on one wall provided the total square footage on any one wall does not exceed 600 square feet.

c.    If all walls of the principle structure are less than 200’ from the road, the sign may not exceed 300 square feet of total signage on the parcel, per Table 8.2.

d.    If the property owner chooses not to place any signage on a wall facing a public right of way on a qualifying structure, wall signage, at the size it would have been had it faced the road, may be used on another wall without public road frontage. 

e.    Total wall signage on all walls on any qualifying structure may not exceed 1,200 square feet. 

[i]         For large parcels: one (1) additional ground sign is permitted for each six hundred (600) feet of road frontage measured at the right-of-way line over and above six hundred (600) feet. Multiple signs shall be spaced at least two hundred (200) feet apart.

[j]         For corner lots: The maximum area of all ground signs shall not exceed the maximum sign area listed in Table 8.2, except where a parcel has frontage on more than one street, an additional ground sign may be permitted facing the secondary frontage provided it does not exceed one half (1/2) the maximum square footage of the primary ground sign square foot listed in Table 8.2.

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

2011 LOCC DETERMINATIONS

City Clerk Selina Tisdale presented a resolution notifying the Council of the filing of the 2011 Local Officers’ Compensation Commission Determinations and placing the 2011 Determinations on the December 19, 2011 City Council agenda for the purpose of hearing public comments.   The following resolution was then offered by Councilman Adams and seconded by Councilman Brown:

 

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the Local Officers’ Compensation Commission has duly met and approved its 2011 Local Officers’ Compensation Commission Determinations; and

WHEREAS, said determinations were officially filed by the Chairman of the Local Officers’ Compensation Commission in the Office of the City Clerk, 333 W. Ellsworth Street, Midland, Michigan on November 21, 2011; and

WHEREAS, in accord with Article IX of Chapter 2 of the Code of Ordinances, the determinations made by the Local Officers’ Compensation Commission shall become effective on December 21, 2011 unless said determinations are rejected by a 4/5 vote of the City Council; now therefore

RESOLVED, that the City Clerk’s notification of the filing of 2011 Determinations of the Local Officers’ Compensation Commission of the City of Midland on November 21, 2011 is hereby acknowledged by the City Council as having been received; and

RESOLVED FURTHER, that the City Council hereby directs that an additional copy of the 2011 Determinations of the Local Officers’ Compensation Commission be filed in the Governmental Corner of the Grace A. Dow Memorial Library for public review; and

RESOLVED FURTHER, that the City Manager is hereby directed to place this item on the December 19, 2011 City Council agenda for the purpose of hearing any public comments prior to any action taken by the City Council.  (Motion ADOPTED.)

 

2011 CONSTRUCTION PROGRESS REPORT

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

 

WHEREAS, the City Engineer reported the status of completion for projects in the 2011 Construction Program;  now therefore 

RESOLVED, that City Council hereby receives and files the 2011 Construction Progress Report.  (Motion ADOPTED.)

 

2012 CONSTRUCTION PROGRAM – CAPITAL PROJECTS

City Engineer Brian McManus presented petitions and requests for capital projects for consideration of inclusion in the 2012 Construction Program.  The following five resolutions were then presented for consideration.

 

WATER MAIN ON WALDO AVENUE

Larry Pillepich, 3602 McKeith Road, spoke regarding this proposed project.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Adams:

 

RESOLVED, that the attached petition received from David G. Rapanos, Big Timber, LLC, for the installation of a water main on Waldo Avenue from Wheeler Street to the north side of US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2012 Construction Program.  (Motion ADOPTED.)

 

SANITARY SEWER ON WALDO AVENUE

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

 

RESOLVED, that the attached petition received from David G. Rapanos, Big Timber, LLC, for the installation of a sanitary sewer on Waldo Avenue from Wheeler Street to the north side of US-10, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2012 Construction Program.  (Motion ADOPTED.) 

 

SANITARY SEWER ON DUBLIN AVENUE

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

 

RESOLVED, that the attached petition received from Timothy A. Lyons for the installation of a sanitary sewer on Dublin Avenue from Saginaw Road to 800 feet south, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2012 Construction Program.  (Motion ADOPTED.)

 

STREET IMPROVEMENT ON DUBLIN AVENUE

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

 

RESOLVED, that the attached petition received from the Timothy A. Lyons for the improvement of Dublin Avenue from Saginaw Road to 800 feet south, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2012 Construction Program.  (Motion ADOPTED.)

 

NON-MOTORIZED TRANSPORTATION IMPROVEMENTS

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

 

RESOLVED, that the attached petition received from the Non-Motorized Transportation Advisory Committee for the installation of various non-motorized transportation improvements on existing city streets, is hereby received and referred to the City Engineering Department for consideration of inclusion in the 2012 Construction Program.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER D-11-04

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

 

RESOLVED, that Traffic Control Order No. D-11-04 filed September 27, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the intersection of Waldo Avenue and Eastlawn Drive shall be controlled by traffic signal operation with operational timeframes as determined by common engineering practice and judgment.  Further, that the existing Traffic Control Order S-1972-3 be rescinded.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER R-11-02

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

 

RESOLVED, that Traffic Control Order No. R-11-02 filed September 26, 2011 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Bay City Road shall be converted from one-way traffic to two-way traffic from Saginaw Road to Walter Street.

is hereby made permanent.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,400 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $45,828 executed by the Purchasing Agent on November 16, 2011, is hereby approved.  (Motion ADOPTED.)

 

PO INCREASE – M & M STUMP REMOVAL – EMERALD ASH BORER PROJECT

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

 

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

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

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

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

RESOLVED, that the Purchasing Agent is authorized to increase existing purchase order # 2012-01366 to M & M Stump Removal of Midland, Michigan up to the amount of $28,000 for stump removal.  (Motion ADOPTED.)

 

LEASE AGRMT – CHARTER COMMUNICATIONS – JEFFERSON WATER TOWER SITE

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

 

WHEREAS, the City of Midland owns a parcel of land located at Jefferson Avenue and Nelson Street, commonly known as the “Jefferson Water Tower Site”; and

WHEREAS, Charter Communications (via its subsidiary, CC VIII Operating, LLC, a Delaware limited liability company, of Greenwood Village, Colorado), a provider of advanced video, high-speed Internet, and telephone services throughout the United States, currently has a small communications systems box, approximately 6’ wide x 4’ tall adjacent to the north side of the Jefferson Water Tower Site; and

WHEREAS, Charter Communications desires to abandon the existing box, and lease from the City a 20 x 20 square foot amount of space outside the water tower security fence to the south, so that a new structure may be installed, and other associated improvements, to operate a communications facility; and

WHEREAS, the proposed lease is for the ground space only, and does not provide for utilizing the Jefferson Water Tower or its utilities; and

WHEREAS, under the proposed lease agreement, the City will provide Charter Communications with the desired ground space, and in turn Charter will pay an annual rent to the City, beginning at $3,500.00, for an initial five (5) year period, with additional five (5) year renewal periods; now therefore

RESOLVED, that authorization is hereby given to the Mayor and City Clerk to execute a lease agreement, subject to approval by the City Attorney, with CC VIII Operating, LLC for the leasing of ground space for the placement of a communications facility on the Jefferson Water Tower Site, with the indicated first year annual rental rate of $3,500.00.  (Motion ADOPTED.)

 

QUAD/GRAPHICS, INC. – IFT REQUEST

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

 

RESOLVED, that an application dated November 28, 2011, was received November 28, 2011, from Quad/Graphics, Inc., with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Third Expanded Pendell Printing Industrial Development District No. 1 relating to new real and personal property in the amount of $1,778,000 for plate making, digital printing, perfect binding, co-mailing and distribution, is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, that a hearing shall be held before the City Council on Monday, December 19, 2011, at 7:00 p.m., in the Council Chambers of the City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198.  (Motion ADOPTED.)

 

PROPOSED 2011-12 EQUIPMENT REVOLVING FUND BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., December 19, 2011 in the Council Chambers of City Hall on the proposal to amend the 2011-12 budget of the Equipment Revolving Fund to increase expenditures in the Capital Outlay, Vehicles account by $23,000 for the unanticipated replacement of a police car that was totaled in a collision, and to increase revenue by $17,950 to recognize insurance proceeds received for the wrecked vehicle. (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:40 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk