May 10, 1999

A regular meeting of the City Council was held on Monday, May 10, 1999, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

Minutes Approval of the minutes of the April 26, 1999 regular meeting and the April 26 and April 28, 1999 special meetings was offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Midland Blooms Day Selina Tisdale, Community Relations Coordinator, introduced Kathie Fuce-Hobohm, Chairperson of the 1999 Midland Blooms Committee. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 15, 1999 as Midland Blooms Day in Midland. (Motion adopted.) Mayor Black presented the proclamation to Kathie Fuce-Hobohm.

Aquatic Week Selina Tisdale, Community Relations Coordinator, introduced Betsy Granstra, from the Midland Community Center. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating May 16-23, 1999 as Aquatic Week in Midland. (Motion adopted.) Mayor Black presented the proclamation to Betsy Granstra.

 

City Safety Program Semiannual Update    Gussie Peterson, Employee Safety and Health Manager, presented a Safety Progress Report for 1998 for the City of Midland.

 

Proposed 1999-2000 Budget Prior to the public hearing on the 1999-2000 proposed budget, Robert Fisher, Director of Fiscal Services, reviewed the Truth In Taxation Act requirements. The public hearing was opened at 7:28 p.m. Robert Fisher, Director of Fiscal Services, presented the proposed 1999-2000 millage rates for the City of Midland. Duane Marsh, 4804 Oakridge Drive and President of the Midland Chamber of Commerce, encouraged Council to transfer excess funds at the end of the fiscal year to the next year’s budget. The Chamber suggested that the .29 mills proposed for stormwater management be incorporated into the general operating budget. The Chamber also encouraged Council to look carefully at the tax appeal reserve. John LaLonde, 3521 Bay City Road, expressed concern over the lack of road maintenance on Bay City Road and the difficulty he experienced in getting information from City Hall regarding the budget. William Fagley, 2700 Glendale, indicated he was disappointed that the City will not be in a position to apply for State Revolving Fund financing for sewer bonds by July 1, 1999. Mr. Fagley gave each Councilman a copy of his statement. The hearing closed at 8:00 p.m.

1999 SARA Diane Dryzga, City Assessor, presented information on the 1999 Downtown Economic Revitalization Public Improvement program hearing of necessity. A public hearing was opened at 8:03 p.m. Nicolas Stamas, owner of Pizza Sam’s and President of the Midland Downtown Business Association, spoke in support of the program. The hearing closed at 8:05 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City Council has given due notice of its intention to provide a revitalization program in a certain district, said improvement being more particularly described in a resolution dated April 26, 1999, said district being:

Southwest 1/4 of Section 16, the Southeast 1/4 of Section 17, the Northwest 1/4 of Section 21, and the Northeast 1/4 of Section 20, bounded by the center line of Jerome, Buttles and Cronkright Streets, and the Tittabawassee River, all within the City of Midland, Midland County, Michigan

and has heretofore established one special assessment district designated:

"1999 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

in conjunction with said improvement and has heretofore given due notice it would meet on Monday, May 10, 1999, for the purpose of hearing and considering any objections or suggestions on the necessity of the proposed improvement; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed improvement; now therefore

RESOLVED, that the Council finds and determines that the revitalization program is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the Council proceed forthwith to authorize said improvement in accordance with the report of the City Manager and the assessment district adopted for the same; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvement is hereby approved in the amount of seventy-two thousand thirty-two and 40/100 dollars ($72,032.40) and that the proportion of the cost and expense to be borne and paid by the City at large, County, and/or DDA shall be zero (0) and that all other costs and expenses of said improvements amounting to seventy-two thousand thirty-two and 40/100 dollars ($72,032.40) shall be borne and paid by special assessment on all lands and premises in said 1999 Downtown Economic Revitalization Improvement Special Assessment District; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a special assessment roll for the:

"1999 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT"

and to assess and levy upon the several lots and premises in said district said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis. (Motion adopted.)

 

1999 SARA (Assessment Roll) The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied, respectively in the "1999 DOWNTOWN ECONOMIC REVITALIZATION PUBLIC IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed revitalization program in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o'clock p.m., on the seventh day of June 1999, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the seventh day of June, l999, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor's Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion adopted.)

PUBLIC COMMENTS Dorothy Lengerman, 405 E. Nelson, was disappointed that information regarding the meeting with the Michigan Environmental Services and the City of Midland was not made available to the citizens. Karl Tomion, City Manager, acknowledged that the City of Midland was given a "Notice of Non-Compliance" and that city staff and DEQ staff have been meeting. He stated that on the advice of counsel information discussed during the meetings is considered confidential at this time. Any agreements resulting from these meetings will be brought to the public’s attention prior to approval. Charles Hepenstal, 1317 North Parkway, also expressed concern over the lack of communication regarding the meeting with the DEQ and requested that Council direct city staff to release the information. Mayor Black indicated that he concurred with the Manager and legal counsel regarding the release of information. Confidentiality was part of the agreement between the City of Midland and the DEQ. John LaLonde, 3121 Bay City Road, expressed concern over the amount of money spent on studies regarding stormwater.

 

Chapter 21 and 34 Ordinance Amendments - Postponed     Jerry Hammond, City Engineer, presented information regarding ordinance amendments to the Stormwater Runoff Regulations and Control ordinance. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, ordinance amendments were proposed to Chapters 21, 29 and 34 and were approved on First Reading on March 22, 1999: and

WHEREAS, Chapter 29: the Stormwater Runoff Regulation and Control Ordinance proposed amendments revisions have been reviewed by the Home Builders Association, Ayres Associates and the Engineering Department and all have agreed with the proposed changes; and

WHEREAS, additional changes have been proposed to Chapter 29 and the changes must now be given First Reading; now therefore

RESOLVED, that the City Council hereby postpones Second Reading of the proposed amendments to Chapter 21 and 34 until May 17, 1999 to allow passage of all stormwater ordinance amendments at the same time. (Motion adopted.)

 

Stormwater Runoff Regulations & Control Ordinance Amendment Introduction and first reading of the following ordinance amendments to Chapter 29, Stormwater Runoff Regulations & Control was offered by Councilman Tysse and seconded by Councilman Moolenaar:

Ordinance No. ________

An ordinance to amend the code of ordinances of the City of Midland, Michigan, by amending Sections 29-2 and 29-3 of Article I of Chapter 29, Sections 29-11, 29-12, 29-13, 29-14, 29-15 and 29-22 of Article II of Chapter 29, Sections 29-33 and 29-34 of Article III of Chapter 29, and Sections 29-40 and 29-43 of Article IV of Chapter 29 thereof; by repealing Sections 29-23, 29-24 and 29-25 of Article II of Chapter 29 thereof; and by adding new Sections, which new Sections shall be designated as 29-3.1 of Article I of Chapter 29, Sections 29-36, 29-37, 29-38 and 29-39 of Article III of Chapter 29 and Section 29-44 of Article IV of Chapter 29 thereof.

The City of Midland Ordains:

Section 1. Chapter 29, Article I, Sections 29-2 and 29-3 are hereby amended to read as follows:

Sec. 29-2. Definitions.

For the purposes of this chapter the following definitions are adopted:

Base flood elevation: The elevation delineating the flood level having a one per cent probability of being equaled or exceeded in any given year (also known as the 100-year flood elevation), as determined from flood insurance rate maps (FIRMs) or the best available information.

Channel: A natural or manmade open watercourse with definite bed and banks which periodically or continuously contains moving water, or which forms a connecting link between two (2) bodies of water.

City Engineer: The person formally designated by the City of Midland manager as the City Engineer.

Compensatory storage: An artificially excavated volume of storage within a floodplain used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain.

Conduit: Any channel, pipe, sewer, or culvert used for the conveyance or movement of water, whether open or closed.

Control elevation: Contour lines and points of predetermined elevation used to denote a detention storage area on a plat or site drawing.

Design standards for public improvements stormwater runoff regulation and control: Standards on file in the City Engineer’s office to which all designs, and the resulting stormwater runoff, must conform.

Detention facility: A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to concurrently detain the excess waters that accumulate behind the outlet.

Detention storage: The temporary detaining or storage of stormwater in storage basins, on rooftops, in streets, parking lots, school yards, parks, open spaces, or other areas under predetermined and controlled conditions, with the rate of drainage therefrom regulated by appropriately installed devices.

Discharge: The rate of outflow of water from any source.

Drainage area: The area from which water is carried off by a drainage system, i.e., a watershed or catchment area.

Excess stormwater runoff: The volume and rate of flow of stormwater discharged from an urbanized drainage area which is or will be in excess of that volume and rate which represented or represents the runoff from the property prior to the date of this Chapter.

Floodplain: The special flood hazard lands adjoining a watercourse, the surface elevation of which is lower than the base flood elevation and is subject to periodic inundation.

Hydrograph: A graph showing, for a given point on a stream or conduit, the runoff flow rate with respect to time.

One hundred-year storm: A precipitation event of twenty-four-hours’ duration, having a one per cent chance of occurring in any one year.

owner(s): Every person, firm, organization, association or corporation listed on the records in the office of the city assessor as owning the particular property subject to this chapter.

Peak flow: The maximum rate of flow of stormwater at a given point in a channel or conduit resulting from predetermined storm or flood.

Retention basin: A FACILITY, structure or feature with no outlet, designed to retain stormwater over a period of time, with its release being scheduled and the discharge rate controlled OCCURRING over a longer period of time than in a detention basin facility.

Stormwater drainage system: All means, natural or manmade, used for conducting stormwater to, through, or from a drainage area to the point of final outlet including, but not limited to, any of the following: Open and closed conduits and appurtenant features, canals, channels, ditches, streams, swales, culverts, streets, and pumping stations.

Stormwater drainage facility: Any element in a stormwater drainage system, which that is made or improved by man.

Stormwater runoff: The waters derived from precipitation within a tributary drainage area, flowing over the surface of the ground or collected in channels or conduits.

Time of concentration: The elapsed time for stormwater to flow from the most distant point in a drainage area to the outlet or other predetermined point.

Two-year storm: A precipitation event having a fifty (50) per cent chance of occurring in any one year.

Two-year storm runoff: The stormwater runoff having a fifty (50) per cent probability of occurring in any one year.

Unprotected channel: A channel which receives stormwater discharge and which is not paved, riprapped, or otherwise improved by addition of manmade materials so as to reduce the potential for erosion.

Upland area: Any land whose surface drainage flows toward the area being considered for development.

Urbanization: The development, change, or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.

Waterbody: Any natural or artificial pond, lake, reservoir, or other area which that ordinarily or intermittently contains water and which has a discernible shoreline.

Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, or banks.

Wet bottom detention basin: A basin designed to retain a permanent pool of stormwater after having provided its planned detention of runoff during a storm event.

Sec. 29-3. Stormwater permit.

(1) Before initiating any activity NEW CONSTRUCTION, DEVELOPMENT, REDEVELOPMENT OR LAND USE CHANGE regulated by this Chapter, an applicant shall be required to obtain a stormwater permit to be issued by the City Engineer or his OR HER designated representative designee which that indicates that the development plans submitted by the applicant have met the requirements of this Chapter 29 and the city’s stormwater regulation and control design standards have been met. AN APPLICANT SHALL BE REQUIRED TO PAY THE STORMWATER PERMIT FEE, AS SPECIFIED IN CHAPTER 21, PRIOR TO THE ISSUANCE OF SAID PERMIT.

(2) A stormwater PERMIT SHALL BE VALID FOR A PERIOD of one hundred eighty (180) days FROM THE DATE OF ISSUANCE OR UNTIL SUCH TIME THAT THE REQUIREMENTS OF this CHAPTER and the design standards ARE NO LONGER MET, WHICHEVER OCCURS FIRST. in the event that the stormwater permit has expired and a stormwater certificate has not been issued, THE CITY ENGINEER MAY RENEW the PERMIT FOR AN ADDITIONAL one hundred eighty (180) day PERIOD IF THE REQUIREMENTS OF this CHAPTER and the design standards CONTINUE TO BE MET.

Section 2. Chapter 29, Article I, Section 29-3.1 is hereby added to read as follows:

Sec. 29-3.1. stormwater certificate.

 

(1) stormwater certificate. notwithstanding the requirements of sections 29-3.1(2) and 29-3.1(4), a stormwater certificate shall be valid for a period of three (3) years from the date of issuance and shall be renewed upon expiration for an additional three (3) year period. notwithstanding the requirements of section 29-3.1(4), a stormwater certificate FEE, the amount of which shall be specified in chapter 21, shall be paid prior to ISSUance of all certificates except for those certificates issued for new facilities. THE CITY ENGINEER, OR HIS OR HER DESIGNEE, shall INSPECT each STORMWATER FACILITY before issuing or renewing a certificate TO iNSURE THAT the facility COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER and the stormwater regulation and control design standards. THE city ENGINEER MAY REQUIRE the owner of the facility to submit additional INFORMATION. the chief building official shall not issue a permanent certificate of occupancy until such time that a stormwater certificate has been issued. upon approval of the city engineer, The chief building official may issue a temporary certificate of occupancy prior to the issuance of a stormwater certificate .

 

(2) new facilities. upon completion of the NEW CONSTRUCTION, DEVELOPMENT, REDEVELOPMENT OR LAND USE CHANGE for which the stormwater permit was issued, the property owner shall contact the city engineer to schedule a final inspection of the stormwater facility. upon determination by the city engineer or his or her designee that the facility complies with all requirements of this chapter and the stormwater regulation and control design standards, a stormwater certificate shall be issued at no additional cost. the certificate shall expire on november 1 of the third year following the issuance of the certificate and must be renewed no later than the following march 31.

 

(3) certified facilities. no later than two (2) months prior to the expiration of a stormwater certificate, the city engineer shall notify the owner of the facility of the requirement to renew the certificate and to inspect the facility. the owner of the facility shall renew the certificate no later than the calendar month in which the certificate expires. In the event that the certificate is not renewed and becomes delinquent, additional fees shall be assessed as specified in chapter 21.

(4) existing facilities. the city engineer shall provide written notification of the stormwater certificate requirements to all known owners of stormwater facilities regulated by this chapter and in existence as of the effective date of this ordinance. all such facilities shall be certified within six (6) months of the effective date of this ordinance. the terms and fees for stormwater certificates issued for existing facilities shall be as follows:

(I) stormwater certificates issued for one third (1/3) of these facilities, as determined by the city engineer, shall expire during the period beginning November 1, 2000 and ending april 1, 2001. The fee for said certificate shall equal one third (1/3) of the amount that would have been assessed pursuant to Section 21-151 of the Code of Ordinances;

(II) Stormwater certificates issued for one third (1/3) of these facilities, as determined by the city engineer, shall expire during the period beginning November 1, 2001 and ending april 1, 2002. The fee for said certificate shall equal two thirds (2/3) of the amount that would have been assessed pursuant to section 21-151 of the code of ordinances.

(III) stormwater certificates issued for one third (1/3) of these facilities, as determined by the city engineer, shall expire during the period beginning November 1, 2002 and ending april 1, 2003. the fee for said certificate shall equal the amount assessed pursuant to section 21-151 of the code of ordinances.

the information obtained during this process shall be recorded in the registry established pursuant to section 29-44.

Section 3: Chapter 29, Article II, Sections 29-11, 29-12, 29-13, 29-14, 29-15, 29-22, 29-23, 29-24 and 29-25 are hereby amended to read as follows:

Sec. 29-11. Affidavit of disclosure of property interest.

At the time the owner of any development files a preliminary plat a development plan with the city, he or she shall execute and file an "Affidavit of Disclosure of Property Interest" with the City of Midland which will set forth facts sufficient to enable the City Engineer to determine whether the provisions of this Chapter 29 shall apply to the property proposed for development. The affidavit will shall specifically describe whatever the affiant’s interest may be in any joining or contiguous property. For all purposes of this Section 29-11, the ownership interest of an owner’s spouse or lineal ascendants or descendants shall be attributed to him or her. In addition, if an owner is more than a five (5) per cent partner, stockholder, beneficiary of a trust or estate, or equity owner in any other form or of organization, such ownership interest shall likewise be attributed to said owner.

The affidavit shall also include a statement by the owner that if the owner subsequently acquires an interest in any continuous property within five (5) years from the date of the affidavit so that the total combined property falls under the applicability requirements of Section 29-10 that the owner agrees to be bound by all of the requirements of Section 29-10 and the other requirements of this Chapter 29 as to the entire continuous property and the property formerly subject to any exception under Section 29-10.

Sec. 29-12. Discharge rate.

The peak discharge rate after full development resulting from the proposed development shall not exceed the corresponding peak discharge rate prior to development during all storms up to and including a 100 year storm 0.2 cubic feet per second per acre (c.f.s.).

Sec. 29-13. Flood elevation.

There shall be no detrimental effect on the floodway flood elevation of the flood elevation floodway during a 100-year storm upstream or downstream of the proposed development area as a result of the proposed development.

Sec. 29-14. Allowable detention facilities.

The increased stormwater runoff resulting from the proposed development shall be detained by providing for appropriate storage as required by this Chapter 29 and the city’s Stormwater regulation and control design standards. In no case shall the design maximum water elevation of a detention facility be less than one foot below the lowest ground elevation adjacent to, or opening into, an existing or future structure.

Where streets are used for temporary storage of stormwater runoff, to a depth greater than six (6) inches, all manholes for sanitary sewers shall be of a type which THAT prevents the infiltration of the ponded water.

Where streets are used for temporary storage of stormwater runoff, in no case shall the maximum design depth exceed thirty (30) eighteen (18) inches.

Sec. 29-15. Sizing of detention storage and outlet.

The drainage area used in computation will be the total area tributary to the detention storage outlet.

The developer will shall be required to submit detailed hydrologic and hydraulic calculations to show that the requirements of this Chapter 29 will be met. A unit hydrograph method of analysis will be used for detailed hydrologic computations. Alternatively, the developer may base the computation for storage volume on simplified method No. 1 entitled "fixed rate outflow" as set forth in sections 29-24 and 29-25. In the event simplified method No. 2 is utilized the outlet design specifications depicted in section 29-25 must be included in the developer’s submittal. a unit hydrograph method of analysis shall be used for detailed hydrologic computations. computations shall be site specific and shall account for conditions such as soil type, vegetative cover, impervious areas, existing drainage patterns, flood plain areas and wetlands. detention storage shall be calculated to account for runoff resulting from a 5 inch rainfall received during a 24 hour period. the discharge rate shall be limited to 0.2 cubic feet per second per acre of drainage area.

Sec. 29-22. Flows from upland areas.

The total drainage area must be used in calculating the allowable release rate. The required storage volume will be based on the project area only, with extraneous flows from upland areas being bypassed or discharged via overflow spillways or other devices. Where storm sewers are required they shall be of such size as will provide sufficient capacity to receive the flow generated by two a ten-year storm from upland areas. As to the latter and regardless of whether it has occurred in fact, such upland areas shall be deemed to have fully developed for all purposes of this requirement.

Section 4. Chapter 29, Article II, Sections 29-23, 29-24 and 29-25 are hereby repealed:

 

Sec. 29-23. Simplified Method No. 1.

Calculation of Detention Storage based on "Fixed Rate Overflow"

Detention storage will be provided as shown. The graph plots storage needs per acre against the impervious ration.

(2) The relationships shown are based on a peak outflow rate no greater than 0.3 cfs per acre of tributary area.

 

 

Sec. 29-24. Simplified Method No. 2.

Calculation of Detention Storage based on "Variable Rate Outflow"

Design Table

If these values are used, the outlets must be set to correspond to the "Design Table" above, recognizing that the maximum flow that can go to the "minor system" (generally storm sewers) is 0.3 cfs/acre, all flows beyond this are diverted to the "major system".

See Section 29-25 for alternate presentation of Simplified Method No. 2.

Sec. 29-25. Simplified Method No. 2.

Calculation of Detention Storage based on "Variable Rate Outflow"

Detention Storage For One Acre Development

Outlet A - Maximum allowable flow is 0.3 cfs directed to minor system.

Outlet B Maximum allowable flow is 0.2 cfs directed only to the major system.

Outlet C - Maximum allowable flow is 0.6 cfs directed only to the major system.

Section 5: Chapter 29, Article III, Sections 29-33 and 29-34 are hereby amended to read as follows:

Sec. 29-33. Detention storage.

Designs for detention storage and related appurtenances shall be submitted to the City Engineer for approval and shall incorporate features that facilitate their inspection and maintenance . Upon submittal of designs for detention storage the City Engineer shall make a determination as to whether any or all of the facilities proposed are to become part of the public drainage system. The City Engineer shall, at the same time, in the case of a proposed subdivision, make a determination as to those control elevations that shall be entered on the final plat or make a determination as to the necessity for deed restrictions on any particular lot in said subdivision requiring the preservation of mandatory drainage facilities. Where a nonsubdivided parcel of land is proposed for development, the City Engineer shall make a determination as to the need for convenants to maintain responsibility for mandatory drainage facilities. All of said facilities shall be designed and constructed in accordance with City of Midland specifications design standards for stormwater runoff regulation and control and, shall be located in easements dedicated to the public when required by the city engineer and shall be subject to continuing inspection during the construction period in the same manner as any other public improvement regulated under Chapter 23 of the Code of Ordinances.

Sec. 29-34. Maintenance. public facilities.

Upon submittal of a design for detention storage, the City Engineer shall determine whether a proposed facility or a portion thereof should become part of the public drainage system. if, in the opinion of the city engineer, it is in the best interest of the city that a facility or a portion thereof become part of the public drainage system, the city engineer shall forward this recommendation to the city council. A facility must be accepted by the city council to become the property of the city of midland and thereafter deemed part of the public drainage system. Designs of detention facilities will shall incorporate features which that facilitate their inspection and maintenance. The designer shall submit an operation and maintenance (O & M) plan for any detention facility prior to its acceptance by the City. All privately owned detention facilities may be inspected by representatives of the City of Midland at such times as they deem necessary. If deficiencies, or conditions creating nuisances, are found, the owner shall be required to make the necessary corrections within a reasonable amount of time; provided, however, such period of time shall not exceed ninety (90) days.

Section 6: Chapter 29, Article III, Sections 29-36, 29-37, 29-38 and 29-39 are hereby added to read as follows:

Sec. 29-36. Inspection authorized; access.

 

the city engineer and his or her designee are hereby authorized to inspect, examine and survey all detention facilities, retention basins or other stormwater facilities regulated by this chapter. For the purpose of making such inspections and to perform any duty imposed by this chapter, the city engineer and his or her designee are hereby authorized to enter all such stormwater facilities at all reasonable times. the owner of the stormwater facility shall give the city engineer and his or her designee free access to such facility for the purpose of inspection, examination and survey.

sec. 29-37. warrant.

in a nonemergency situation where the owner of the stormwater facility demands a warrant for inspection of a stormwater facility, the City Engineer shall obtain a warrant from a court of competent jurisdiction. the city attorney shall prepare the warrant, stating the address of the facility to be inspected, the nature of the inspection and the reasons for the inspection. It shall be appropriate and sufficient to set forth the basis for inspection established in this chapter. the warrant shall also state that it is being issued pursuant to this chapter.

In the event of an emergency no warrant shall be required.

sec. 29-38. frequency of inspections.

 

the city engineer shall cause an inspection of each stormwater facility to be made prior to the issuance of a stormwater certificate. the city engineer is authorized to make more frequent inspections as he or she may deem necessary.

sec. 29-39. deficiencies; corrections.

If, during the city engineer’s inspection of a stormwater facility, deficiencies in the facility or conditions creating nuisances are found, the owner shall be required to make the necessary corrections to the facility within a reasonable amount of time; provided, however, such period of time shall not exceed thirty (30) days. the owner shall be notified in writing of the existence of the violation. The notice shall be delivered by certified mail and shall state the date of the inspection, the nature of the violation and the time within which the necessary corrections must be made. the cost of making all corrections shall be the responsibility of the property owner.

Section 7: Chapter 29, Article IV, Sections 29-40 and 29-43 are hereby amended to read as follows:

Sec. 29-40. Responsibility.

The administration and enforcement of this Chapter shall be the responsibility of the City of Midland’s designated City Engineer.

Sec. 29-43. Penalties for violation.

General. Any person, firm, organization, association or corporation violating any of the provisions of this Chapter 29, including violation violating of any variance granted under the authority of this Chapter 29, shall be deemed guilty of a misdemeanor responsible for a municipal civil infraction. and each such person or other entity shall be deemed guilty of a separate offense for Each and every day or portion thereof that any violation of any of the provisions of this Code chapter is committed, continued or permitted shall be a separate offense. Upon conviction of such violation, such person, firm organization, association or corporation shall be punished as provided in Chapter 34 and fined according to Chapter 21 of the Code of Ordinances. The imposition of one municipal civil infraction fine for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. and upon conviction of such violation, such person or other entity shall be punished by a fine of not more than three hundred dollars ($300.00), or imprisonment for not more than ninety (90) days or by both such fine and imprisonment.

Additional corrective actions. Any building or structure constructed in violation of the provisions of this Chapter 29 or any use carried on in violation of this Chapter 29 is hereby declared to be a nuisance per se, with any court of competent jurisdiction having the authority to determine that the owner or developer is guilty of maintaining a nuisance per se and to order such nuisance abated. In this connection, the City attorney is hereby authorized to institute any appropriate action or proceeding in any appropriate court to prevent, restrain, correct or abate any violation of this Chapter 29.

Section 8. Chapter 29, Article IV, Section 29-44 is hereby added to read as follows:

sec. 29-44. registry.

a registry of all detention facilities, retention basins and other stormwater facilities regulated by this chapter shall be maintained by the city engineer. at a minimum the registry shall include the following information: the name(s), addresses and telephone numbers of all owner(s) of each facility; the location of each facility; the date the facility was completed; the dates of all inspections of the facility; the date(s) a stormwater permit was issued or renewed, if applicable; the date(s) a stormwater certificate was issued; the dates and amounts of fees remitted; and a listing of all violations, if any, the corrective action ordered and the dates the corrections are completed. the city engineer may maintain any additional information deemed necessary.

Section 9. This Ordinance shall take effect upon publication. (Motion adopted. Considered first reading.)

 

Water Service Agreement - Midland Township    Jack Duso, Assistant City Manager, reviewed a Water Service Agreement between the City of Midland and Midland Township. The proposed agreement is similar to the agreements entered into with Larkin and Homer Townships except it recognizes that pursuant to the existing Urban Cooperation Act Agreement only an approximate 4.5 square mile area in the southwest portion of the township is not subject to annexation. There are no density limitations on development and water capacity is limited to one million gallons per day. The proposed agreement will be submitted to Council on May 17, 1999, for consideration of approval. Robert Chatterton and Pat Max from the Midland Township spoke in support of the proposed agreement.

 

99 Wexford Ave. Improvement Special Assessment Roll Diane Dryzga, City Assessor, presented information on the 1999 Wexford Avenue Improvement Special Assessment District. A public hearing was opened at 9:00 p.m. Chris Chamberlin, an employee of the Arnold Center located on Wexford Avenue, supported the improvements. The hearing closed at 9:01 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, pursuant to due notice to all interested parties the City Council has duly met and reviewed the proposed Special Assessments to be assessed and levied in the Special Assessment Roll, prepared by the City Assessor to provide such part of the cost of paving improvements on the "1999 WEXFORD AVENUE IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established, as should be paid upon the property therein especially benefited and has heard and considered all objections made to said Assessment and has made such corrections in said Roll as in its judgment ought to be made, and the City Assessor being present at said hearing; now therefore

RESOLVED, that the City Council does hereby determine that it is satisfied with said Special Assessment Roll; and

RESOLVED FURTHER, that the City Council does hereby determine that said assessments are in proportion to benefits received; and

RESOLVED FURTHER, that said Special Assessment Roll be and the same is hereby approved and confirmed in all respects, in the amount of $15,180.00 and that the total estimated cost of said improvements is $26,400.00, and the City at large cost is $11,220.00; and

RESOLVED FURTHER, that the amount of said roll shall be divided into five annual installments with interest, one of which is to be collected during the year of 1999, and one during each succeeding year for four years thereafter provided, however, that pursuant to Chapter 20 of the Code of Ordinances, each taxpayer shall have the opportunity of paying said assessment in full without interest or penalty within thirty days from the date of notification to pay the same; and

RESOLVED FURTHER, that the said roll shall be filed in the Office of the City Clerk, and the Clerk is hereby directed to endorse on said roll the date of confirmation, and that said Clerk is hereby directed to attach the warrant to a certified copy within ten days, therein commanding the City Assessor to spread the various sums and amounts appearing therein on a Special Assessment Roll or upon the General Tax Roll of the City for the full amount or in annual installments as directed by the Council; and

RESOLVED FURTHER, that the City Treasurer shall notify by mail each property owner on said roll that said roll has been filed, stating the amount assessed, that said property owner shall have thirty days from the date of such notification to pay said assessment in full and without interest or penalty, and that payments made thereafter shall be divided into five equal annual installments bearing the interest rate of 6.5 percent; and

RESOLVED FURTHER, that upon the expiration of said thirty day period the roll shall be closed for collection by the City Treasurer and forwarded to the City Assessor for spreading said Roll on all unpaid assessments on the basis of five annual installments with interest. (Motion adopted.)

 

99 Wexford Ave. Improvement; Contract No. 7    The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the construction of street improvements on Wexford Avenue from Lincoln Street to Tibbs Street; and

WHEREAS, funding for this project is provided by the Local Street Fund (Project No. LS9903), and Special Assessments; now therefore

RESOLVED, that the low sealed proposal submitted by Sova & Sons Contracting of Midland, Michigan, for the "1999 Wexford Street Improvement; Contract No. 7", in the indicated amount of $24,792.50, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefor in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

 

Replacement Fuel Tank - Barstow Airport    Jerry Hammond, City Engineer, presented information on a grant from the Michigan Bureau of Aeronautics for the installation of a replacement fuel tank at Jack Barstow Airport. Pete Swan, 4200 Partridge Lane and Chair of the Barstow Airport Advisory Commission, supported the acceptance of the grant. Wilma Diesen, 5802 Flaxmoor, read a statement in which she urged Council to vote no on the proposed funding resolution accepting a grant from the Michigan Bureau of Aeronautics. Charles Hepenstal, 1317 North Parkway, stated Council could not enter into an agreement that would violate Section 4.7(c) of the City Charter which states the City can sell only land that does not exceed $18 per capita. Richard McCreadie, 2700 Washington, urged Council to make do with what is currently used at the Barstow Airport. John LaLonde, 3121 Bay City Road, also indicated Barstow Airport should make do with what is currently there. Mr. LaLonde also indicated that he was not an opponent of closing the airport. All Councilmen expressed their desire to keep and maintain Barstow Airport using funds from the Michigan Bureau of Aeronautics decreasing the amount the City must pay. The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, an agreement has been received from the Michigan Department of Transportation for installation of a replacement fuel tank at Jack Barstow Airport to be shared on an 80/20 state/local basis in the amount of $20,000 and $5,000 for each party respectively; and

WHEREAS, the installation of this work is beneficial to bring the existing fuel system into compliance with current requirements; and

WHEREAS, the Barstow Airport Advisory Commission has reviewed this proposal and unanimously recommends acceptance of a grant from the State of Michigan Bureau of Aeronautics for replacement of the fuel tanks at the terminal building; and

WHEREAS, sufficient funds are available in the 1998/99 budget for this purpose; now therefor

RESOLVED, that the City Council approves the proposed contract and certification for the installation of a replacement fuel tank at Jack Barstow Airport and authorizes the Mayor and City Clerk to sign the contract on behalf of the City. (Motion adopted.)

 

MidMich Medical Center - Signs in Public Right-of-Way     Jerry Hammond, City Engineer, presented information regarding a request from the MidMichigan Medical Center to allow signs to remain in the public right-of-way at Saginaw Road at Wellness and Orchard Drive. Thomas Lind, 2916 Abbott Road and Vice President of the MidMichigan Medical Center, requested Council support the request. John LaLonde, 3521 Bay City Road, opposed the approval of the request. Richard McCreadie, 2700 Washington, believed the signs served the community and supported the request. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, a request has been received from the MidMichigan Medical Center Midland requesting special consideration for two signs placed in the public right-of-way on Saginaw Road at Wellness Drive and Orchard Drive; and

WHEREAS, a permit was obtained for the signs to be properly installed on private property but installed in public right-of-way by contractor error; and

WHEREAS, Ordinance Section 22-2 allows City Council to grant approval of signs in the public right-of-way when determined to be of public interest and not obstructing or otherwise interfering with vehicular or pedestrian traffic; now therefore

RESOLVED, that the City Council hereby determines that the existing emergency medical access sign located at Orchard and Saginaw (87" wide x 154.50" high) and the hospital entrance sign at Wellness and Saginaw (87" wide x 154.50" high) are of public interest and allowed to remain in the present locations. (Motion adopted.)

TCO S-99-01 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that Traffic Control Order No. S-99-01 filed February 3, 1999 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Scenic Drive shall stop for Woodview Pass.

is hereby made permanent. (Motion adopted.)

 

Beautification Advisory Committee Poster Exhibit - Midland Mall The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the City Council hereby agrees to enter into an agreement with the Midland Mall Marketing Fund, Inc., and agrees to a set of rules and regulations for exhibitors for a Beautification Advisory Committee Poster Exhibit at the Midland Mall from May 25 - June 2, 1999; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to sign the said AGREEMENT and the RULES AND REGULATIONS FOR EXHIBITORS, on behalf of the City of Midland. (Motion adopted.)

Purchase - Bituminous Materials The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in several Local and Major Street Fund budgets; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Valley Asphalt Company of Midland and Saginaw, Michigan for furnishing and paver applying approximately 250 tons of Bituminous Mixture No. 2 for street repair at a cost of $50.00 per ton is hereby accepted; and

RESOLVED FURTHER, that the low evaluated sealed proposal meeting City specifications submitted by Valley Asphalt Company of Midland and Saginaw, Michigan for furnishing and loading onto City trucks approximately 1,500 tons of Bituminous Mixture No. 2 for hot mix patching at a cost of $22.00 per ton F.O.B., supplier’s yard, is hereby accepted; and

RESOLVED FURTHER, that the low sealed proposal meeting City specifications submitted by Midland Contracting Company of Bay City, Michigan for furnishing and loading onto City trucks approximately 250 tons of "Sylvax" for pothole patching at a cost of $54.50 per ton F.O.B., supplier’s yard, is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue purchase orders in accord with this resolution, the proposals selected and City specifications, and if the authorized vendor cannot provide the materials in a timely manner, purchases are hereby authorized from the second low bidder in each materials category. (Motion adopted.)

Purchase - Concrete The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, funds have been provided in several FY 1998-99 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Allied Concrete Products, Inc. of Midland, Michigan for furnishing a twelve-month supply of concrete and related materials at the unit prices contained in their April 27, 1999 response to our Bid No. 2273 is hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposal and the City specifications; and

RESOLVED FURTHER, that if the authorized vendor cannot provide the materials without causing non-productive crew time, purchases are hereby authorized from the alternate vendor, Fisher Sand & Gravel of Midland, Michigan in accordance with their bid of April 27, 1999. (Motion adopted.)

Purchase - Road Gravel, Crushed Limestone & Recycled Concrete     The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for road gravel, crushed limestone and recycled concrete pavement; and

WHEREAS, funds have been provided in several FY 1998-99 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting city specifications submitted by Fisher Sand and Gravel of Midland, Michigan for furnishing and loading onto city trucks 22A road gravel at the unit price of $8.25 per ton, furnishing and delivering 22A road gravel at the unit price of $7.00 per ton, and for furnishing and delivering 22A crushed limestone at the unit cost of $8.50 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the sealed proposal yielding the lowest cost to the city after adjusting for travel cost, submitted by Fisher Sand and Gravel of Midland, Michigan, for furnishing and loading onto city trucks 22A crushed limestone at a unit cost of $9.75 per ton is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting city specifications submitted by Briggs Contracting Co. of Sanford, Michigan for furnishing and loading onto city trucks recycled concrete pavement at the unit cost of $5.50 per ton and for furnishing and delivering recycled concrete pavement at the unit cost of $6.75 per ton is hereby accepted and purchase orders authorized. (Motion adopted.)

Purchase - Sand The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of sand; and

WHEREAS, funds have been provided in several FY 1998-99 budgets for operating supplies; now therefore

RESOLVED, that the low sealed proposal meeting city specifications submitted by Chippewa Contracting, Inc. of Saginaw, Michigan for furnishing and loading onto city trucks Class II sand at the unit cost of $2.00 per cubic yard is hereby accepted and purchase orders authorized; and

RESOLVED FURTHER, that the low sealed proposal meeting city specifications submitted by Chippewa Contracting for furnishing and delivering Class II sand at the unit cost of $3.95 per cubic yard is hereby accepted and purchase orders authorized. (Motion adopted.)

 

Request to Sell "Novelty Bars" in Public Right-of-Way The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the request of the Rae Deane & Layne Dorion family to conduct "Novelty Bar" sales on public rights of way is hereby approved subject to the following conditions:

No vending in any City Park including streets through parks, the St. Charles Softball Complex, the Farmers Market, and the Tridge.

Amplified sound devices are not allowed as stated in City Ordinance 16-29(f). However, non-amplified sound devices may be used, but cannot be "unreasonably" disturbing to residents.

No fixed vending locations on the public rights of way.

The Uniform Traffic Code vehicle operation guidelines must be followed.

All Midland County Health Department regulations must be met and all necessary permits must be secured.

;and

RESOLVED FURTHER, that future requests may be approved by the Administrative Staff if conducted in substantially the same manner. (Motion adopted.)

 

Being no further business the meeting adjourned at 10:37 p.m.

 

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Penny K. Kovacevich, City Clerk