It’s that time of year again and at the risk of sounding sentimental, I want to say how much I enjoy working for this city, for the staff, for you the citizens of Coopersville, and the city council. Yes, we all can sometimes disagree on particulars but as a group we all want the same things for the community —a city that ultimately enhances the quality of life for the citizens and ourselves. Public service sometimes gets a bad rap that for the vast percentage of employees is unwarranted and mean spirited. There are many individuals both appointed and elected that genuinely have a sincere love and appreciation for the immense responsibilities this line of work requires. I’m proud to work with those in this community that believe and feel the same way.

During our Christmas celebration and our anticipation of a great New Year my wife Diane and I want to wish everyone a joyous Christmas and a New Year filled with success and dreams that come true.

Earlier this year I wrote a memo that explained the diference between a sign and a mural. Recently there are still questions regarding the mural located downtown and whether it is a sign (which has restrictions) or a mural. Below is a condensed version of that memo that I’m making available for others to read as well.

I’ve been informed there are a few individuals asking why the creators of the mural that is located at 256 Main Street did not have to apply for a sign permit or pay the permit fee. The main reason there was no need for a sign permit or fee is that the mural is not a sign. The other reason is that downtown Main Street is a quasi “free market zone” that allows a relaxation of zoning enforcement. It also allows a bit more freedom for business owners to be more creative in making their business and downtown a destination point, all within reason of course.

MURAL OR SIGN?
Let’s first look at the issue of whether the mural is a sign or something else in more detail. If one researches the meaning of each of the words the following definitions are discovered.
Mural: A work of art, such as a painting, applied directly to a wall or ceiling. Of, pertaining to, or like a wall. Painted on or applied to a wall. [The American Heritage Dictionary 1985]
Sign: Something that suggests the presence or existence of a fact, condition, or quality. An action or gesture used to convey an idea, a desire, information, or a command. A board, poster, or placard displayed in a public place to advertise or to convey information or a direction… [The American Heritage Dictionary 1985]
If these definitions have value it becomes clear that the mural is not a sign. The mural appears to be more of a work of art depicting a favorite son of Coopersville that made it big in the music industry. However, if you take each word found within the definition of sign and compare it to the word mural, is there a match? The closest match might be “information.” The mural is providing information that there is a car show during Coopersville SummerFest. But is the information suggesting action, desire, or a command? I don’t believe so. The mural is clearly celebrating that Coopersville is proud of Del Shannon and there is a desire to publicly and visibly celebrate his contribution to the community. The mural also shows there is a car show named after him and it is part of SummerFest. It is not providing a date of the show, words suggesting that you attend the show, or anything else asking you to take action or implying you take action.

In the city’s Codified Ordinances the definition of sign closely follows the dictionary’s definition except for the addition of the “inform or direct attention to a person” phrase. My interpretation of these words is in the context of conveying a message and that message would be one of advertising that seeks the viewer to take some type of action. There is no message suggesting, demanding, or instructing the viewer to take action.

SECTION 1282.03 DEFINITIONS.
As used in this chapter:
(a) Sign Defined . “Sign” means any display, figure, painting, drawing, placard, poster or other device visible from a public way which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. It may be a structure, or part thereof, painted on or attached directly or indirectly to a structure.

(b) Classification by Use Types .
(1) “Nameplate” means a sign indicating the name, address or profession of the person occupying the lot or a part of a building.
(2) “Bulletin board” means an announcement sign which directs attention and is located on the lot of a public or semipublic institution.
(3) “Identification sign” means a sign indicating the name, owner or manager of an existing project or building.
(4) “Real estate” means a sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed.
(5) “Project sign” means a sign which directs attention to the promotion, development and construction of the property on which it is located and which identifies the architects, engineers, contractors and other individuals or firms involved with the construction.
(6) “Business sign” means a sign which directs attention to the name of the business or establishment, the goods or commodities sold, or services rendered, on the lot on which the sign is located.
(7) “Industrial or service sign” means a sign which directs attention to the name, service or industrial establishment, goods produced or sold, or service rendered, on the lot on which the sign is located.
(8) “Directional sign” means a sign indicating the direction to which attention is called, either to the lot on which the sign is located or to another location.
(9) “Informational sign” means a sign which is designed to give general information to the public concerning the location of places for lodging or eating, vehicle service, natural phenomena, weather, time, historic sites, areas of natural scenic beauty or outdoor recreation facilities and similar information.
(10) “Political sign” means a sign advocating action on a public issue or indicating a candidate for public office.
(11) “Temporary sign” means a sign of any type that is on wheels or any other non-permanent construction that is placed on property to announce special events or sales or to announce the sale, lease or rental of property, and that is intended by the owner or lessee of the building or lot to be used for thirty days or less and is not intended by such owner or lessee to be repeatedly used throughout the year.

In addition, when one reviews the “Classification by Use Types” there is clearly no mention of the mural type design. Further review indicates that each type of classification has a characteristic of action, information, or direction. The mural has none of those characteristics. Thus the city ordinances in Section 1282 does not address the concept of murals as created at 256 Main Street.
The mural located at 256 Main Street is a mural and not a sign as defined by the city ordinances or the American Heritage Dictionary.

FREE MARKET ZONE
Secondly let’s examine this “free market zone” issue that was mentioned at the beginning of this memo. Back in 2004 discussion began on a concept that allowed merchants to be more creative in marketing and advertising their businesses and that concept was known as a “free market zone.” Included in this memo are a few documents that show the history of the discussion and also a copy of the ordinance that was adopted in 2006.
It’s important to understand that this ordinance was adopted in an environment that had a Main Street Merchants Association that would assist in overseeing what activity was acceptable and what was not. Below is a copy of the purpose of the ordinance and the highlighted portion is critical in its definition. Any action or practice adopted needs to “create a unique atmosphere that attracts and retains downtown business.” The free market zone doesn’t allow ANYTHING and EVERYTHING. Its purpose is to facilitate creativity in a manner that may not be allowed in a narrowly worded ordinance.

1271.01 DESCRIPTION AND PURPOSE.
The C-2 Central Business District is intended to provide a wide range of goods and services to residents of the City, as well as surrounding areas, in a downtown setting. This District is characterized by a compact shopping area with on and off-street, municipal and private parking areas. Emphasis is placed on pedestrian safety, convenient access and ease of vehicular circulation.
The C-2 District is also intended to serve as a Free Market District. The intention of a Free Market District is to allow business owners to develop their businesses in a manner that creates a specialized experience and offering not typically found in a tightly zoned, restricted environment. Creativity in product or service delivery is encouraged to create a unique atmosphere that attracts and retains downtown businesses.
(Ord. 285. Passed 1-13-97; Ord. 392. Passed 7-24-06.)

Because of the reasons stated, the city staff does not believe the mural is a sign and is appropriate in a “free market zone”. However, we also believe that if future murals are painted downtown that fit the traditional definition of a sign, the owner or artist will have to apply for a sign permit, have the design reviewed and approved, and pay a fee. This is not a double standard as evidenced by the above documentation.

Work started last week Wednesday on the sewer main suspended from the Randall Street bridge. Vans Excavating has done an excellent job of replacing the sewer main and keeping Randall Street open to traffic. The project is near completion and I thank all for your patience while this project was under construction.

As you already know there was a tragedy last week when a City of Walker police officer was killed in the line of duty. Deputies from the City of Coopersville responded (as others) and were directly involved in the resolution of that insane event. We wish all of those that responded our support, our prayers, and our deep appreciation for what they do every day to keep our cities safe and to insure we maintain a high quality of life. We are so fortunate to have these men and women within our law enforcement and last week’s tragedy reminds us of that fact. Thank you and God bless you all our men and women in law enforcement.

Labor Day has come and gone and the traditional summer season is quickly fading for 2011. Although summer is not officially over I truly hope each of you had an enjoyable and enriching reprieve from winter. There is still a lot of activity around the city from the WWTP reconstruction to various road repairs and reconstruction. It has been a very productive summer and the community should be proud of its efforts and its accomplishments to date. It’s important to remember that the primary responsibility of a city is the construction and maintenance of the infrastructure that provides services and transportation assistance to its citizens. To that end we are doing well with limited financial resources at our disposal.

Randall Street Reconstruction

The project is on schedule at this time. What has been done to date includes the removal of the existing pavement, the water main anode packs are installed, the storm sewer pipe is installed, the excavation for the new road bed is complete, and the sand sub-base is in place. This week some of the new concrete curb and gutter will begin and the last of the sand sub-base will be compacted. Next week work will begin on the gravel base, and some concrete work will begin on the road itself.

Randall Street Bridge

We have received several bids on replacing or repairing the sewer main suspended along the Randall Street Bridge. The city and OMM (city’s engineering consultant) will review these in the next week and submit a proposal to council at our next meeting on September 26, 2011.

64^th Avenue Sidewalk Project

There is progress being made on the engineering side of the project. OMM has a preliminary layout of the horizontal location along the road and are working towards the design of elevations, drainage details, and the details to work around fences, hydrants, driveways and the like. We had a progress meeting this week to review the preliminary layout and a few right-of-way issues that I previously stated to council in the last meeting. I will update the council Monday night (9-26-11)if there are more details to be shared before then. 

Wastewater Treatment Plant Reconstruction

As you know by driving along I-96 that progress continues at the WWTP. There is a lot of activity at the site from dressing up the new pond slopes with stone to finishing the walls on the clarifiers. Work continues on the new road, electrical/controls, and the blowers. The goal is to know by the end of next week when at least one of the blowers will be ready. One blower is critical if we are to accept CS Facilities discharge in February 2012. Part of the new drive was paved this week as well as more concrete pours for the clarifiers walls. Much of this update is technical but the main point is we’re on schedule with a very aggressive timeline.

Another SummerFest has come and gone and this year it even survived a number of fast moving storm fronts. Although the number of cars and visitors attending was lower than last year, those that braved the weather appeared to be enjoying themselves. Much credit goes to Cindy Timmerman and the Chamber of Commerce for SummerFest and the Rotary Club of Coopersville for their professional management of the Car Show. All-in-all SummerFest is a bright example of what happens when there is enthusiasm and cooperation amongst participants and sponsors. Excellent job to all!

As most of you have already noticed or experienced, the west end of Randall Street is closed for reconstruction. The project was scheduled to start after SummerFest and that date was met. Still too early to determine if the project is on schedule or not but I will certainly keep the council informed as the work continues. Projected date for completion is October 7, 2011.

Progress continues at the WWTP with much of the work concentrating around the clarifier locations at this time. Concrete pours are scheduled this week for the base slab for one of the clarifiers. Underground primary is done for the electrical as well as most of the new berms for the new aeration ponds. Not much above ground work is visible but that should change in the next few weeks. In the next 4-5 weeks there should be enough above ground construction taking place that the council can visit the site and see for itself the progress being made. The project is still on schedule.

The RBC last week decided to abandon the water fountain design for the roundabout due to funding and maintenance concerns. The revised drawings should be completed by next week. When the dust has settled on the new scope of the project we’ll have representatives from the committee come before the council and provide an update on this project.