REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, FEBRUARY 4, 2002
Mayor Todd Thompson called that meeting to order at 7:00 p.m.
Present: Mayor Todd Thompson, Council Members Gregory Clark, William Ehinger, Kim Ervans, Paul Frechette, Russell Jackson, Chad Lucas
Absent: None
Other officers present: City Manager Patrick McGinnis, Clerk/Treasurer Jane Tennant, Police Chief Rodger Williams, Attorney Christine Juarez, and County Commissioner Clarice Sperry
All stood for the Pledge of Allegiance.
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Manager McGinnis reported that there would be a summer management intern in 2002 and that the position may be funded through the Michigan Local Government Management Association whereby the City could receive a summer intern. He stated that it would be the City’s responsibility to provide lodging for the intern.
MOTION BY THOMPSON, SECOND BY JACKSON, TO ALLOW MANAGER MCGINNIS TO PROVIDE LODGING FOR THE SUMMER INTERN IF THE MICHIGAN LOCAL GOVERNMENT MANAGEMENT ASSOCIATION BROMAGE FELLOWSHIP IS AWARDED TO WEST BRANCH.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY LUCAS, SECOND BY CLARK, TO APPROVE THE MINUTES AND SUMMARY OF THE REGULAR MEETING HELD JANUARY 21, 2002.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY JACKSON, SECOND BY CLARK, TO RECEIVE AND FILE THE MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 11, 2001, DDA MEETING HELD DECEMBER 17, 2001, WEST BRANCH REGIONAL MEDICAL CENTER BOARD OF TRUSTTES MEETING HELD DECEMBER 17, 2001, MEDICAL ARTS CENTER MEETING HELD DECEMBER 18, 2001, AND THE HOSPITAL FINANCIAL/STATISTICAL STATEMENT UPDATE.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY LUCAS, SECOND BY CLARK, TO ACCEPT TOM WESTERFIELD’S RESIGNATION FROM THE WEST BRANCH REGIONAL MEDICAL CENTER HOSPITAL BOARD OF TRUSTEES.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Vic Ritter, owner of Buccilli’s Pizza at 619 W. Houghton Ave., was present concerning snow removal for his parking spaces along Houghton Ave. Mr. Ritter explained that in the past he would pile the snow in one area and when the DPW had time they would remove it. He further explained that since planters were installed in the area he normally piles the snow, he must pile the snow in the parking spaces and this takes up at least three parking spots. He asked that the DPW remove the snow from his parking areas the same as they do for the downtown businesses.
MOTION BY LUCAS, SECOND BY EHINGER, TO PICK UP THE SNOW IN FRONT OF 619 W. HOUGHTON AVE. IN THE SAME MANNER IT IS DONE IN THE DOWNTOWN DISTRICT.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY THOMPSON, SECOND BY EHINGER, TO SCHEDULE THE 2002 BOARD OF REVIEW MEETINGS AS FOLLOWS:
MARCH 11 FROM 8:30 A.M. – 12:30 P.M.
MARCH 25 FROM 9:00 A.M. – NOON, 1:00 P.M. – 4:00 P.M., 7:00 P.M. – 9:00 P.M.
MARCH 26 FROM 9:00 A.M. – NOON AND 1:00 P.M. – 4:00 P.M.
WITH ALL MEETINGS HELD IN THE CONFERENCE ROOM OF CITY HALL, 121 N. FOURTH ST., AND TO PAY THE BOARD OF REVIEW MEMBERS $8.00 PER HOUR.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Council Member Jackson asked if the bridges on N. Second St., N. Fourth St., and S. Valley St. are scheduled for repairs this year. Manager McGinnis stated that MDOT is handling this project with the repairs going out for bid this spring.
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Council Member Lucas informed Council that some people may be interested in taping the County Commissioner’s meetings and having them replayed on WBTV. He stated that they may need to borrow the City’s equipment to accomplish this goal. Mayor Thompson stated he did not feel this was a good idea, he felt the County Commissioners should purchase their own equipment to accomplish this, and he is concerned about the tapes and who would have access to them. Manager McGinnis noted that the tapes would be the property of the person taping the meetings.
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Manager McGinnis stated that the Consumers Energy representative has not put together a written report on the parking lot light issue. He felt Council could make a more informed decision if they knew what lights existed, what was proposed, and what the cost would be to add additional lights. He did note that the owner of Carol Ann’s Dance Studio on S. Second St. may agree to have a light placed on her building and to pay the monthly utility cost for the light.
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Manager McGinnis informed the Council that Walkable West Branch is getting ready to kick off another program (100 miles in 100 days). He stated that he is hoping this round will be funded by a tobacco settlement grant; however, he asked Council to approve $1,500 to fund this event if the grant is not approved. He informed the Council that 1st Bank has agreed to put up the other half of the cost if the grant is not approved.
MOTION BY THOMPSON, SECOND BY JACKSON, TO COMMIT $1,500 TOWARD THE SUMMER 2002 WALKABLE WEST BRANCH EVENT IF THE TOBACCO SETTLEMENT GRANT IS NOT APPROVED.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Attorney Juarez reported on the bidding process and Council’s obligation. She stated that §33.04 (G) is somewhat vague and could be amended. Council Member Lucas stated he likes the bid process as it is and feels it is there to protect the Council.
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Attorney Juarez reported on the rail cars sitting in back of the old mill that 1st Bank renovated. She stated that 1st Bank and the railroad are close to a settlement and felt that the Council should not take any action at this time.
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Attorney Juarez reported that the Senior Center Inc. was served a second 60-day notice to vacate the senior center. She stated that today was their last day to vacate, which they have not done so she will file a complaint tomorrow in court. She stated that she received another settlement request from Mr. Devine, the Senior Center Inc. attorney, asking for $12,500 and they will vacate by April 1, 2002. The Council unanimously declined the settlement offer.
Attorney Juarez also reported that there is a scheduling issue. She advised Council that if they send this issue to a Special Master both parties split the cost unless the Special Master determines that one party was intentionally taking advantage of the other party. Manager McGinnis noted that when the City schedules an event in the Senior Center we provide the Senior Center Inc. with a notice telling them what the event is and the time and day the event will take place. Manager McGinnis stated he felt the Senior Center Inc. should give the City the same information.
MOTION BY LUCAS, SECOND BY JACKSON, TO SEND THE SENIOR CENTER SCHEDULING ISSUE TO THE SPECIAL MASTER.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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County Commissioner Sperry reported on the taping of the meetings, the proposed jail expansion, and the RELAY program.
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MOTION BY LUCAS, SECOND BY THOMPSON, TO APPROVE THE BILLS IN THE AMOUNT OF $106,269.34.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Manager McGinnis explained that the scope of the public utility improvements project has expanded and asked that Council approve a change in engineering services with Wade Trim.
MOTION BY THOMPSON, SECOND BY JACKSON, AUTHORIZING THE CITY MANAGER TO SIGN THE STANDARD PROFESSIONAL SERVICES AMENDMENT FORM WITH WADE TRIM FOR ENGINEERING SERVICES NOT TO EXCEED $3,300 ON THE 2002/2003 PUBLIC UTILITY IMPROVEMENTS PROJECT.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Council reviewed the proposed change to the sign ordinance. Mayor Thompson stated that the changeable copy signs would only allow the business to advertise special events not, for example, their interest rates. Discussion followed on the Northland Credit Unions sign and the fact that they do not advertise special events but their own services. Manager McGinnis stated that these signs are not allowed in the downtown district and they do allow those businesses on the outskirts of the City to compete with Township businesses.
MOTION BY LUCAS, SECOND BY JACKSON, TO INTRODUCE THE FOLLOWING ORDINANCE:
ORDINANCE #02-01
AN ORDINANCE TO AMEND § 152.130 AND §152.128 OF THE CITY CODE OF ORDINANCES.
THE CITY OF WEST BRANCH ORDAINS:
SECTION 1 The City of West Branch, Michigan Code of Ordinances is hereby amended to add §152.130(M) to read as follows:
(M) Changeable copy reader boards may be permitted as wall signs or as attachments to free-standing sign structures provided the following conditions are met:
(1) Messages to announce events or entertainment similar to movie theaters and sport venues,
(2) Background to be solid white color constructed of a light impermeable material,
(3) Individual letters to be black on a hardened plastic surface ("Lexan" or equivalent) 6" high and at least 1/16" in thickness,
(4) Maximum of two lines of text,
(5) Total sign width of 8’.
(6) Not permitted in Historic District (see Ordinance No. 243, §152.042 of the City Code), and
(7) Must be constantly maintained without fallen or missing letters and must be legible at all times (Penalty for failure to maintain punishable as a Civil Infraction pursuant to §10.99 of the City Code of Ordinances)
SECTION 2 §152.128(C) of the City of West Branch, Michigan Code of Ordinances is hereby amended as follows:
(C) All changeable copy signs, except as allowed in gas service stations in division (D) of this section, §152.126(D) and §152.130(M).
SECTION 3 Effective Date
This Ordinance shall become effective 15 days after its adoption.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Jim Howard stated he received additional correspondence from Group Work Camp Foundation. He stated they want a date when the program can start in the area.
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Ike Clelland, representative for Cub Scout Troop 3971 and Boy Scout Troop 971, asked that these troops be allowed to conduct their annual food collection in April.
MOTION BY THOMPSON, SECOND BY JACKSON, TO ALLOW CUB SCOUT TROOP 3971 AND BOY SCOUT TROOP 971 TO DROP OFF FOOD COLLECTION BAGS ON APRIL 12 AND 13 AND TO COLLECT THE FILLED BAGS ON APRIL 20.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Manager McGinnis gave a GIS presentation.
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MOTION BY THOMPSON, SECOND BY FRECHETTE, TO ADJOURN AT 8:27 P.M.