REGULAR MEETING OF THE WEST BRANCH CITY COUNCIL HELD IN THE COUNCIL CHAMBER OF CITY HALL, 121 NORTH FOURTH STREET, MONDAY, MARCH 3, 2003
Mayor Todd Thompson called the 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, and Attorney Michael Juarez
All stood for the Pledge of Allegiance.
MOTION BY FRECHETTE, SECOND BY JACKSON, TO ADOPT THE FOLLOWING RESOLUTION:
CITY OF WEST BRANCH
RESOLUTION #03-05
WHEREAS, at an election on November 5, 2002, the voters of Horton Township approved the levy of the District Library millage in the Township in an amount not to exceed .3 mills, and
WHEREAS, Section 25 of the District Library Establishment Act authorizes the addition of a participating municipality to a district library under such circumstances by approval of an amendment to a district library agreement, and
WHEREAS, the attached West Branch District Library Agreement Amendment adds Horton Township as a participating municipality and adds Horton Township to the geographic area of the district, and
WHEREAS, the City Council of the City of West Branch wishes to approve the addition of Horton Township as a participating municipality in the West Branch District Library, and
WHEREAS, the Amendment also changes the fiscal year of the District Library to the same fiscal year as the City of West Branch (July 1 – June 30).
NOW, THEREFORE, BE IT RESOLVED that the West Branch City Council hereby approves the attached West Branch District Library Agreement Amendment and authorizes and directs the Mayor and Clerk to execute the Amendment on behalf of the City.
BE IT FURTHER RESOLVED, that the City Council appoints William Jennings, Jr. to the District Library Board effective on the effective date of the West Branch District Library Agreement Amendment.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Manager McGinnis reviewed the liability insurance premium. He stated that there is a 13% increase in this year’s premium. Council Member Lucas and Mayor Thompson felt that next year we should get bids on this coverage.
MOTION BY THOMPSON, SECOND BY JACKSON, TO APPROVE PAYMENT OF THE 2003/2004 MICHIGAN TOWNSHIP PARTICIPATING PLAN LIABILITY AND PROPERTY INSURANCE COVERAGE AND DIRECTED THE CITY MANAGER TO PUT THIS OUT FOR BID IN JANUARY 2004.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY CLARK, SECOND BY LUCAS, TO SUPPORT THE BID FROM GOVE ASSOCIATES ON THE LONG RANGE PLAN FOR TRAIL DEVELOPMENT IN OGEMAW COUNTY.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Pastor Sam Cottle addressed the Council concerning parking during church services and events at the New Creation Family Worship Center, 236 S. First St. He asked that the Council grant a variance or special dispensation to straddle the sidewalk with vehicles on the south side of the church. Council Member Ehinger noted that City of West Branch Code of Ordinance §72.99 (UTC 8.10) prohibits parking on the sidewalk. Discussion was held concerning pedestrian traffic and where they would go if the sidewalk were blocked. Council Member Lucas was concerned about other similar requests if this is approved. Council Member Ervans stated from a liability standpoint he is opposed to this request. Council Members suggested that Mr. Cottle direct the parishioners to parallel park on the street, which is allowed, and keep the vehicles off the sidewalk. Chalmer Brindley asked if the parishioners are responsible to keep snow off the sidewalk. Manager McGinnis informed him that all property owners are responsible for keeping the sidewalks clear of snow and ice. Tim Little noted that when the cars straddle the sidewalk there is still a 4’ walkway between the car and the building. Mayor Thompson stated that the liability of the sidewalk is the City’s and the City is responsible for keeping sidewalks free from vehicular obstruction. Mr. Cottle stated they would try using the street for parking.
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MOTION BY LUCAS, SECOND BY CLARK, TO APPROVE THE MINUTES AND SUMMARY OF THE REGULAR MEETING HELD FEBRUARY 17, 2003.
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 JANUARY 14, 2003, AIRPORT BOARD MEETING HELD JANUARY 15, 2003, EDC MEETING HELD JANUARY 20, 2003, DDA MEETING HELD JANUARY 27, 2003, WEST BRANCH REGIONAL MEDICAL CENTER BOARD OF TRUSTEES MEETING HELD JANUARY 27, 2003, AND MEDICAL ARTS CENTER MEETING HELD FEBRUARY 5, 2003.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Council reviewed the request from Nichole Gray for a second parking permit for the N. Fourth St. parking lot. Ms. Gray was present.MOTION BY THOMPSON, SECOND BY LUCAS, TO ALLOW NICHOLE GRAY, RESIDING AT 126 N. FOURTH ST, A SECOND PARKING PERMIT FOR THE NORTH FOURTH STREET PARKING LOT.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY THOMPSON, SECOND BY EHINGER, TO APPOINT TIM RETHERFORD TO THE DDA TERM TO EXPIRE JANUARY 1, 2005.
Yes- Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY CLARK, SECOND BY JACKSON, TO ADOPT THE FOLLOWING PROCLAMATION:
PROCLAMATION #03-01
WHEREAS, J. J. Lewis, President of the Michigan Disability Sports Alliance, requests that the City of West Branch recognize the ongoing efforts of his organization to promote the training of physically disabled athletes in the State of Michigan, and
WHEREAS, individuals with varying levels of ability are entitled to access, recognition and support when it comes to public support of facilities, and
WHEREAS, the West Branch City Council supports the promotion of disabled sporting programs across the State of Michigan.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of West Branch, Michigan, do hereby declare the week of May 18 – 24, 2003 as ATHLETES WITH PHYSICAL DISABILITIES WEEK and do congratulate all participants in the Michigan Victory Games for their courageous pursuit of athletic excellence.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Council Member Lucas asked that Mayor Thompson and Manager McGinnis review the pay for Boards and Commissions and make a recommendation to increase these wages.
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Manager McGinnis reviewed the meter replacement report. He stated that the City is on track financially with this project and there are about 100 more meters to replace.
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At the request of Mayor Thompson, Council Member Jackson reviewed the changes to the Ordinance addressing window signs and displays. Manager McGinnis noted that this Ordinance would lessen the restrictions we currently have on window signs.
MOTION BY JACKSON, SECOND BY LUCAS, TO INTRODUCE THE FOLLOWING ORDINANCE:
ORDINANCE #03-01
AN ORDINANCE TO AMEND THE ZONING CODE TO EFFECTIVELY DEFINE AND REGULATE WINDOW SIGNS AND DISPLAYS
The City of West Branch Ordains:
SECTION 1:
That Section 152.118, "Definitions" of Chapter 152, Zoning Code, of the compiled Code of City Ordinances, be amended by the addition thereto (in alphabetical order) of the following:
Window Displays: decorative displays of holiday, seasonal, or thematic elements or characterizations; as well as the artistic arrangement of products, merchandise, or representations thereof; affixed to, attached upon, or arranged immediately behind the surface of a glass window or door. Window displays shall exclude the display of illuminated televisions, computer monitors, or other similar technological devices that create oscillating light or images.
Window Sign: a sign, or temporary sign installed for a period exceeding seven days, excluding window displays, affixed to, attached to, or painted on the surface of a glass window or door, or within three feet of the surface of a glass window or door, and designed to be visible from the exterior of the window or door.
SECTION 2:
That Section 152.126, "Permitted Signs", of Chapter 152, Zoning Code, of the compiled Code of City Ordinances, be amended by the addition thereto of subsection (J), to read as follows:
(J) Window signs meeting the requirements of this chapter and additionally subject to the following regulations:
(1) No window sign shall exceed the maximum sign area square footage requirements for the property and building face.
(2) No window sign shall exceed 25% of the total glass surface of the window or door upon or through which it is displayed.
(3) Internally – illuminated window signs shall remain illuminated only during hours when the building use for which the sign is intended is open to the general public for the transaction of business.
SECTION 3:
That Section 152.132, "Exemptions" of Chapter 152: Zoning Code, of the compiled Code of City Ordinances, be amended by the repeal of subsection (M), and the replacement therefore of a new subsection (M); and the addition thereto of subsections (T) and (U), to read as follows:
(M) Community special event signs as approved by the City Council or the Planning Commission.
(T) Window displays as defined herein. Further, the placement or construction, for any duration of specified length, by the City or other civic organizations, of commemorative, celebratory, seasonal, or patriotic displays, upon approval by the City Council or Planning Commission. Such displays shall be only upon municipally owned or controlled property, and in commemoration, celebration, or honor of a recognized holiday or civic purpose of general public interest.
(U) Temporary window signs installed for a duration not exceeding seven (7) consecutive days, and not exceeding 25% of the total glass surface or door upon through which it is displayed (measured separate from, and in addition to, any regulated window signs subject to Section 152.126 (J) (2) herein).
SECTION 4:
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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Council Member Jackson reviewed the major changes to the proposed zoning ordinance changes. Mayor Thompson stated his concern about vacant buildings and the Planning Commission saying what can and cannot go into the downtown area. Manager McGinnis noted that the retail merchants have reviewed this Ordinance as well as Ordinance #03-01 and they are satisfied with the changes.
MOTION BY THOMPSON, SECOND BY EHINGER, TO INTRODUCE THE FOLLOWING ORDINANCE:
ORDINANCE #03-02
AN ORDINANCE TO AMEND THE ZONING CODE TO BETTER REGULATE CERTAIN PERMITTED AND SPECIAL USES WITHIN THE B-1 CENTRAL BUSINESS DISTRICT ZONE.
The City of West Branch Ordains:
That Section 152.039, "B-1 Central Business District", of Chapter 152, Zoning Code, of the compiled Code of City Ordinances, be repealed, and replaced in its entirety by a new Section 152.039 to read as follows:
Section 152.039 B-1 Central Business District.
The B-1 Central Business District is designed primarily to provide for the great variety of retail stores, shops, galleries, and related activities which occupy the prime retail, street-level frontage by serving the needs of the entire municipal area as well as a substantial area of the adjacent and surrounding residential developments and agricultural area beyond the municipal limits. In addition, the B-1 zoning designation encourages the development and maintenance of residential uses on the upper floors of the buildings within the district. The district regulations are designed to promote convenient pedestrian shopping, stable retail development, and compatibility with limited, upper-level dwelling units by prohibiting automotive-related services and non-retail uses which tend to break up such continuity and compatibility.
Principal Uses Permitted
In a Central Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this chapter:
(1) Any generally-recognized retail business which supplies commodities, products or works of art on the premises within a completely enclosed building, such as, but not limited to: Foods, drugs, health and beauty aids, liquor, furniture, appliances, electronics, office supplies, clothing, household items and accessories, hardware, books, mass-market computer software, movies, video games, and other digitally-encrypted electronic media (CD’s, DVD’s etc.), antiques, arts, crafts, jewelry, or sporting goods. All marketable items produced on the premises shall be sold at retail from the premises.
(2) Any personal service establishment, which performs services on the premises within a completely enclosed building, such as, but not limited to: repair shops (watches, computers, electronics, and the like), tailor shops, beauty salons/parlors, barbershops, interior decorators, and photography studios.
(3) Restaurants and taverns where the patrons are serviced while seated within a building occupied by such establishment, and where the establishment does not extend as an integral part of, or accessory to any service of a drive-in restaurant or open-front store.
(4) Mixed-use buildings, with retail or other principally permitted uses on the ground floor, and one or more dwelling units (apartment or condominium unit), or office facilities (as described in (B) (3) below and otherwise only allowed as a "special land use" on the ground floor), on upper floors; subject to all other City building and zoning codes, including compliance with either the requirements for the provision of off-street parking spaces (dedicated to the upper-floor residential use) in keeping with the provision of Section 152.100, subsection (L) (1) (a), or, the issuance of a valid parking permit(s) in keeping with the provisions of Section 72.15. Dwelling units and office facilities shall not share space with, or be located on, the same floor as other principally permitted uses, and no floor may be used for permitted non-dwelling unit purposes if located above a floor used for dwelling unit purposes. Further, where there is a permitted, mixed-use building containing a dwelling unit or units on upper floors, there shall be provided a separate, private pedestrian entrance for the dwelling unit or units.
(5) Municipal facility and governmental offices.
(6) Showrooms of plumbers, electricians, decorators, artists, sculptors, or similar trades or artisans, provided that not more than 25% of the useable floor area of the building occupied by the business is used for making, assembling, remodeling, repairing, altering, finishing, or refinishing its products or merchandise. The ground floor premises facing upon, and visible for any abutting street shall be used only for entrance or display and sales. All storage of materials shall be within the building occupied by the establishment.
(7) Accessory buildings, structures, and uses customarily incidental to the above Permitted Uses.
Special Land Uses.
The following uses are considered Special Land Uses within the district and may be approved by the Planning Commission subject to the applicable general and specific standards in Section 152.045:
(8) Business schools or private schools operated for profit. Examples of private schools include, but are not limited to: dance schools, music and voice schools, and art studios.
(9) Newspaper offices and their printing plants.
(10) Office facilities of an executive, administrative service, or professional nature, which shall include, but not limited to, the offices occupied by and providing administrative support to: accountants, attorneys, engineers, architects, medical professionals, realtors, or travel agents, when occupying any portion (excluding its entrance door, lobby, and/or stairway) of the ground floor.
(11) Financial institutions, financial service firms, or offices engaged in the offering of financial services, products, or consultation, which may include an automated teller machine, and/or a drive-through facility; such as, but not limited to: banks, credit unions, savings and loans, securities firms or agents, insurance firms or agents, tax consultants or preparers, and mortgage or other specialty financing companies, or any combination(s) thereof.
(12) Theaters when completely enclosed.
(13) Utility and public service building and uses (without storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.
(14) Warehouse and storage facilities when incident to and physically connected with any principal use permitted, provided that such facility be within the confines of the building or part thereof occupied by the establishment. (Typical closets, pantries, and the like, when completely contained within dwelling units permitted on upper floors in keeping with (A) (4) herein, shall not require Planning Commission approval as a Special Use.)
(15) Veterinary offices (without kennels or other facilities for the overnight lodging or extended care of animals).
(16) Urgent care clinics or medical offices, excluding hospitals or other medical facilities designed for in-patient, residential, or extended treatment or care.
(17) Dry Cleaners
(18) Catalog stores supplying retail commodities, products or works of art to the general public.
(19) Accessory building, structures, and uses customarily incidental to the above Special Land Uses.
Site Development Standards.
(20) Schedule of Regulations – Section 152.044.
(21) Site Plan Review – Section 152.046
(22) Parking and Loading-Unloading Standards – Section 152.100.
(23) Sign Standards – Section 152.115.
Sidewalk Café Permits.
In the interest of promoting business by increasing activity and improving the general business climate, the City Manager or duly designated representative may issue revocable permits to a business to operate a sidewalk café as an extension of or compatible with the existing business on a portion of City sidewalk or alley adjacent to the business. The permit may be issued under the following terms and conditions:
(24) Sidewalk Café permits shall be issued if the City Manager or the duly designated representative determines the occupancy will not:
(a) Interfere with the use of the street, sidewalk, or alley for vehicular or pedestrian traffic.
(b) Unreasonably interfere with the view of, access to or use of property adjacent to the street or alley.
(c) Reduce any sidewalk width to a total of less than six feet.
(d) Interfere with street, sidewalk, or alley cleaning or snow removal activities.
(e) Cause damage to the street, sidewalk, alley, trees, benches, landscaping, or other objects lawfully located thereon.
(f) Cause a violation of any state or local law.
(g) Be principally used for off-premises advertising.
(h) Be attached to or reduce the effectiveness of or access to any utility pole, sign or other traffic control device.
(i) Cause increased risk of theft or vandalism.
(j) Be in or adjacent to property zoned exclusively for residential purposes.
(k) Conflict with the Victorian theme prevalent in the City.
(25) Prior to the issuance of a sidewalk café permit, the applying business must provide the City with a certificate of liability insurance in an amount to be determined solely by the City. The certificate of insurance must be in effect for at least the period of the permit to be issued. The City shall be named as an additional insured on the business owner’s liability insurance policy.
In addition, the applying business shall, by written agreement with the City, indemnify and hold harmless the City from all claims or damages incident to the establishment and operation of a sidewalk café.
Effective Date
This ordinance shall become effective 15 days after its adoption.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Thompson
No – Lucas
Motion carried
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MOTION BY FRECHETTE, SECOND BY JACKSON, TO INTRODUCE THE FOLLOWING ORDINANCE:
ORDINANCE #03-03
AN ORDINANCE TO AMEND §152.021 OF THE CITY OF WEST BRANCH CODE OF ORDINANCES (SECTION 301 OF ORDINANCE NO. 102) ENTITLED "CHAPTER 152: ZONING CODE."
THE CITY OF WEST BRANCH ORDAINS:
SECTION 1: District Boundaries Established
That the City Planning Commission, as directed by the West Branch City Council, has considered prevailing use patterns and the West Branch Development Plan and has recommended the following:
That the boundaries of the map as established by §152.021 of the Zoning Code (Section 301 of Ordinance No. 102) be amended as follows:
That parcel described below shall have use designation RM-1 Multiple Family and the remnant of the parcel fronting State Highway M-30 shall remain B-2 General Business:
The West 600 feet of that part of the North ½ of the Southeast ¼ of Section 25, T22N, R1E, City of West Branch, Ogemaw County, Michigan described as: Beginning S00º12’14"W, along the East section line, 521.55 feet from the East ¼ corner of said Section 25; thence continuing S00º12’14", along said East section line, 660.00 feet; thence N86º33’06"W, parallel with and 132 feet North of, as measured perpendicular to the South One-eighth line, 330.53 feet; thenceS00º12’14"W, parallel with and 330 feet West of, as measured perpendicular to the East Section line, 132.21 feet to the South One-eighth line; N86º33’06"W, along said South One-eighth line 826.11 feet; thence N00º12’14"E, parallel with the East section line 792.21 feet; thence S86º33’06"E, parallel with the South One-eighth line 1156.64 feet back to the Point of Beginning.
SECTION 2: 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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MOTION BY LUCAS, SECOND BY THOMPSON, TO APPROVE THE BILLS IN THE AMOUNT OF $58,002.85.
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 IRONS PARK RATE SCHEDULE AS FOLLOWS:
LARGE PAVILION $50.00 ($20.00 DEPOSIT AND $30.00 FEE)
SMALL PAVILION $20.00 ($10.00 DEPOSIT AND $10.00 FEE)
GAZEBO $40.00 ($20.00 DEPOSIT AND $20.00 FEE)
LITTLE LEAGUE PAVILION $40.00 ($20.00 DEPOSIT AND $20.00 FEE)
IF APPLICANT IS A CITY RESIDENT THEN THEY JUST PAY THE DEPOSIT AMOUNT – WHICH THEY CAN PICK UP AFTER THEIR EVENT.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY THOMPSON, SECOND BY JACKSON, TO APPROVE THE 2003 POVERTY EXEMPTION INCOME GUIDELINES.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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Council reviewed the City of West Branch Downtown Development Authority Amended Development Plan. Manager McGinnis noted that the plan includes capture from the Library and Kirtland Community College. Mayor Thompson felt that the City owed it to the County to reduce their contribution proportionately now that the plan includes capture from the Library and Kirtland Community College. He felt that the DDA should keep their plan to the original dollar amount. Council Member Ervans asked Manager McGinnis to run the figures again using the original dollar amount requested by the DDA but spreading the contribution between the Library, Kirtland Community College, County of Ogemaw, and City of West Branch.
MOTION BY THOMPSON, SECOND BY CLARK, DIRECTING MANAGER MCGINNIS TO USE THE ORIGINAL AMOUNT REQUESTED BY THE DDA AND SPREADING THE CONTRIBUTION BETWEEN THE LIBRARY, KIRTLAND COMMUNITY COLLEGE, COUNTY OF OGEMAW, AND CITY OF WEST BRANCH.
Yes – Clark, Ehinger, Ervans, Frechette, Jackson, Lucas, Thompson
No – None
Motion carried
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MOTION BY ERVANS, SECOND BY JACKSON, TO ADJOURN AT 8:15 P.M.