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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown, Maureen
Donker, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the November 21, 2011
regular meeting was offered by Councilman Brooks and seconded by Councilman Adams. (Motion ADOPTED.)
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.
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.
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.)
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:
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Zoning District |
Wall and Roof signs |
Projecting signs |
Ground Signs |
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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.)
No public comments were made.
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.)
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.)
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.
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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.)
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