A regular meeting of the City
Council was held on
|
Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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Councilmen absent: |
None |
Approval of the minutes of the
SOIL EROSION AND SEDIMENTATION CONTROL
ORDINANCE (1st reading)
ORDINANCE NO. _________
AN ORDINANCE TO
AMEND THE code of ordinances of the city
of
The City of
Section 1.
ARTICLE V. SOIL EROSION AND SEDIMENTATION
CONTROL
Sec. 5-10. Local
municipal enforcing agency.
It is the intent of the city to become the
local enforcing agency in regard to implementing Soil Erosion and Sedimentation
Control act 347 of Public Acts 1972 within the corporate limits of the city.
The Planning &
Community Development Department shall be the municipal enforcing agency
responsible for the administration and enforcement of Part 91, Soil Erosion and
Sedimentation Control (SESC), of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended or as may be amended in the future,
(Part 91), within the City of Midland. The Administrative Rules
promulgated under the authority of Part 91 are hereby incorporated by reference
as well as any future rules as may be amended.
Sec. 5-11. Rules
adopted. SEsc permits and
submission of plans.
The city hereby adopts by reference Part 17,
Soil Erosion and Sedimentation Control, of the General Rules as promulgated by
the Michigan Department of Natural Resources relative to the Soil Erosion and
Sedimentation Control Act 347 of Public Acts 1972, said rules to be available
to the public at the offices of the city building department.
Before undertaking
an earth change within the city involving one
(1) or more acres of land or within five (500) feet of any lake or stream, a
SESC permit shall be obtained. A SESC application and plan containing
information specified in Rule 1703 of Part 91 shall be submitted to
the city building department prior to receiving a SESC permit.
If a violation of
Part 91 is observed in a situation where no SESC permit was required because
the earth change was less than ONE (1) acre or farther than five hundred (500)
feet from a stream or lake the SESC administrator has authority to require and
issue a SESC permit.
Sec. 5-12.
Submission of plans.
Before the groundbreaking of any project
within the city involving one (1) or more acres of land or within five hundred
(500) feet of any stream, and erosion and sedimentation control plan shall be
submitted to the city building department in accordance with the rules as
adopted by section 5-11 of this Code.
The submitted plans
along with the prescribed permit application shall be reviewed for conformance
to Part 91 and the rules promulgated under Part 91. If the application
and the plans are in conformance with PART 91 and the rules, a permit shall be
issued upon payment of fees as detailed by section 21-50 of this code. If
an earth change activity covered under Part 91 and this ordinance is commenced
without proper permit the fees shall be doubled.
Sec. 5-13. Permits
and fees. Site inspection.
Upon payment of the fees as detailed
in chapter 21 of this Code, the submitted plans along with the prescribed
permit application shall be reviewed for conformance to the rules. If the
application and the plans are in conformance with the rules, a permit shall be
issued.
The SESC
Administrator designated by the Chief Inspector, shall have access at all
reasonable times to any site upon which an “earth change” is in progress for
purposes of determining whether the conditions called for in the permit are
being complied with.
Sec. 5-14. Site
Inspection. EnforcemenT.
The chief building official and designated
agents of the chief building official shall have access at all reasonable times
to any site upon which an "earth change" is in progress for purposes
of determining whether the conditions called for in the permit are being
complied with.
Violations of Part
91 or a violation of a permit of an approved soil erosion and sedimentation
control plan, the SESC administrator shall contact the “on site” responsible
person, contractor or land owner in person or by telephone and inform
them of the violations, and give them one (1) or two (2) days to comply,
depending on violation, Or SESC Administrator may issue a Civil Infraction,
cease and desist, and or/ stop work order using procedure as provided in
chapter 34 of this code and Part 91 to the land owner, contractor or on-site
responsible person. A cease and desist order is
a directive to discontinue or cease doing something that has resulted in a
violation such as stopping earth work that resulted in a discharge of sediment
or stopping earth work until a permit has been obtained. A stop work order
directs all work on the site to be halted until violations are corrected.
Once violations are corrected the SESC administrator will lift the cease and
desist or stop work order.
The SESC
administrator may also seek remedies in the courts pursuant to section 9121 and
Part 91 of the Natural Resources and Environmental Protection Act. (Act 451 of
1994 as may be amended.
Sec. 5-15. Enforcement.
Appeal.
The chief building official shall issue a
cease and desist order and shall revoke a permit upon its finding that there is
a violation of the Soil Erosion and Sedimentation Control Act, rules adopted by
section 5-11, or ordinances of the city, or that there is a violation of
a permit or an approved soil erosion and sedimentation control plan.
The procedure as
provided in section 5-27 sec 204 of this Code shall be applicable to this
article to consider appeals arising from any determination of the SESC
administrator.
Sec. 5-16.
Appeal.
The procedure as provided in this Code shall
be applicable to this article to consider appeals arising from any
determination of the chief building official.
Section 2. This Ordinance shall take
effect upon publication. (Motion
ADOPTED. Considered first reading.)
MUNICIPAL CIVIL INFRACTIONS ORDINANCE (1st
reading)
Introduction and first reading of the following ordinance amendment was offered by Councilman McKeag and seconded by Councilman Rokosz:
ORDINANCE NO. ________
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE
CITY OF MIDLAND, MICHIGAN, BY amending section 34-5 of Chapter 34 THEREOF.
The City
of
Section
1. Sec. 34-5 is hereby amended as
follows:
Sec.
34-5. Municipal Civil Infractions.
A violation of any
of the following provisions of the City of Midland Code of Ordinances shall be
a municipal civil infraction:
(1) Chapter 8, Uniform Fire Code.
(2) The city zoning ordinance.
(3) Chapter 29, Stormwater Runoff
Regulation and Control.
(4) Section
22-2 of Article I of Chapter 22, Sign placement in the city right of way areas.
(5) Article VI of Chapter 15,
Telecommunications.
(6) Article IV, Chapter 22, Addresses.
(7) Article V, Chapter 5, Soil Erosion and
Sedimentation Control.
Section 2. This Ordinance shall take effect upon
publication. (Motion ADOPTED. Considered first reading.).
PUBLIC COMMENTS
Paula Jurado,
SITE PLAN NO. 237 – REVISED
WHEREAS, on March 22, 2004 the City Council approved Site Plan No. 237, the request of Midland Soccer Club for expansion of the Midland Soccer complex on 28.5 acres south of Joseph Drive and north of Diamond Drive, east of Midfield Lane; and
WHEREAS, the Midland Soccer Club, after significant negotiation with the Michigan Department of Environmental Quality, has revised the approved site plan to address wetlands issues; and
WHEREAS, the City Council has reviewed the site plan revisions and finds that such revisions do not adversely affect Council’s position regarding the plan; now therefore
RESOLVED, that the City Council does hereby approve revised Site Plan No. 237. (Motion ADOPTED.)
NEW CIVIC ARENA – LIMITED TAX GENERAL
OBLIGATION BONDS, SERIES 2004
Fiscal Services Director David Keenan reviewed the bid process and presented a resolution that would award a bid for the sale of $6.5 million in bonds to Sun Trust Capital Markets, Inc. Thomas D. Colis, Attorney for Miller, Canfield, Paddock and Stone, responded to Council questions regarding the bond issue. The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:
WHEREAS,
AND
WHEREAS, said bids have been publicly opened and read;
AND WHEREAS, the bids attached hereto have
been received;
AND
WHEREAS, the bid of SunTrust Capital Markets, Inc. has been determined to
produce the lowest interest cost to the Issuer.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The bid of SunTrust Capital Markets, Inc., as
above stated, be and the same is hereby accepted.
2. Checks of the unsuccessful bidders be
returned to each bidder’s representative or by registered mail.
3. The Issuer hereby covenants that, to the
extent permitted by law, it shall take all actions within its control necessary
to maintain the exclusion of the interest on the Bonds from adjusted gross
income for general federal income tax purposes under the Internal Revenue Code
of 1986, as amended (the “Code”), including, but not limited to, actions
relating to the rebate of arbitrage earnings, if applicable, and the
expenditure and investment of Bond proceeds and moneys deemed to be Bond
proceeds.
4. The Issuer hereby designates the Bonds of
this issue as “qualified tax exempt obligations” for purposes of deduction of
interest expense by financial institutions pursuant to the Code.
5. The publication and content of the Official
Notice of Sale published in connection with the sale of the Bonds be and is
hereby ratified and affirmed.
6. All resolutions and parts of resolutions
insofar as they conflict with the provisions of this resolution be and the same
hereby are rescinded. (Motion ADOPTED.)
NEW CIVIC ARENA – PROPERTY DONATION
City Attorney James O. Branson,
III, introduced a resolution accepting a deed to property being donated to the
City of
WHEREAS, Nicolaos and Elaine Rapanos have graciously offered to donate
over 10 acres of property to the City of Midland to be used for the purpose of
building a Civic Arena and an adjacent city street; and
WHEREAS, a quit claim deed assigning the property to the City of
Midland has been drafted and approved by the City Attorney; and
WHEREAS, a supplemental agreement has also been drafted and reviewed by
the City Attorney; now therefore
RESOLVED, that the City of
RESOLVED FURTHER, that the Mayor and City Clerk are authorized to
execute the supplemental agreement between the City and Nicolaos Rapanos. (Motion ADOPTED.)
NEW CIVIC ARENA –
CONSTRUCTION CONTRACT
City Attorney James O. Branson, III, introduced a resolution to execute
a contract with Three Rivers Corporation to construct the Midland Civic Arena
at a cost of $8.3 million. The following
resolution was then offered by Councilman Johnson and seconded by Councilman
Rokosz:
WHEREAS, on August 9, 2004, City Council accepted the bid of Three Rivers Corporation to construct the Midland Civic Arena at a cost of $8.3 million; and
WHEREAS, on August 9, 2004, City Council authorized the Mayor and City Clerk to execute a “letter of intent” to enter a contract with Three Rivers Corporation for the project; and
WHEREAS, funds have been pledged and bonds have been sold to finance the project; and
WHEREAS, a contract has been drafted and reviewed by the City Attorney; now therefore
RESOLVED, the Mayor and City Clerk are authorized, upon receipt of funds from the sale of bonds, to execute a contract with Three Rivers Corporation in the amount of $8.3 million for the construction of the Midland Civic Arena. (Motion ADOPTED.)
COMMERCIAL
ANTENNAS ON
Prior to discussion Mayor Black, a partner in the law firm of Currie
Kendall Polasky Meisel PLC,
requested he be allowed to abstain from discussion and voting on the Commercial
Antennas on the Jefferson Water Tower issue because his law firm represents SpeedNet, LLC., a company requesting to be placed on the
tower. Council unanimously agreed to the
abstention. Mayor Black handed the gavel
to Mayor Pro Tem Johnson.
Utilities Director Noel Bush presented a report on the placement of
commercial antennas on the
WHEREAS, the City of
WHEREAS, the
WHEREAS, the City believes that there is
value in consolidating antennas in this portion of the community onto one
tower; and
WHEREAS, the City staff has requested Dixon
Engineering Inc., of Lake Odessa, the City’s consultant for water tower
construction and maintenance, to prepare a basic site evaluation for the
location of antenna arrays on the Jefferson water tower; and
WHEREAS, a preliminary evaluation has been
completed that proposes an antenna array that would maximize utilization on the
tank and the site, and has resulted in the identification of space for three
systems; and
WHEREAS, the City staff recommends that the
City formally solicit competitive Requests for Proposals (RFP) for use of the
tower and ground space; now therefore
RESOLVED, that the City staff is hereby
directed to prepare and distribute a Request for Proposal and directs the City
Attorney to prepare lease contracts associated with the leasing and placement
of commercial antennas on Jefferson water tower; and
RESOLVED FURTHER, that the staff is directed
to review the RFPs and provide a recommendation for consideration by the City
Council. (Motion ADOPTED. Yeas: Johnson, McKeag, Myers, Rokosz Nays:
None Abstained: Black)
Mayor Pro Tem Johnson returned the gavel to Mayor Black.
LIBRARY BOARD
ANNUAL REPORT
Grace A. Dow Memorial Library Director Melissa Barnard introduced the 2003-04 Library Annual Report and outgoing Library Board
Chair Stu Bush reviewed the highlights from the
annual report and spoke about the many activities of the Library Board during
the past year. Paula Jurado,
WHEREAS, the Grace A. Dow Memorial Library
Board has submitted an annual report for fiscal year 2003/2004 in accord with
Article I of Chapter 14 of the Midland Code of Ordinances; and
WHEREAS, the Library Board has identified in
the annual report activities that are in compliance with the duties defined in
the ordinance; now therefore
RESOLVED,
that the 2003/2004 Annual Report of the Grace A. Dow Memorial Library Board be
received. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER NO. P-04-11
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
P-04-11 filed
That parking shall
be prohibited on both sides of
is hereby made permanent. (Motion ADOPTED.)
TRAFFIC CONTROL ORDER NO. P-04-13
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
RESOLVED, that Traffic Control Order No.
P-04-13 filed
That parking shall
be prohibited on both sides of
is hereby made permanent. (Motion ADOPTED.)
COUNTY ROAD TRANSFER
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the Midland County Road Commission
adopted a resolution on January 15, 2004 authorizing the transfer of
jurisdiction of Jefferson Avenue from 2886 feet north of Wackerly Street to
Letts Road to the City of Midland; and
WHEREAS, the City of
RESOLVED, that the City Council hereby accepts jurisdiction of
Jefferson Avenue from 2886 feet north of Wackerly Street to Letts Road for
maintenance and operation. (Motion
ADOPTED.)
AMENDMENT OF THE ESTABLISHED FINAL PAY DEFERRAL PLAN
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City of
WHEREAS, current participating employees are
limited by the Plan to unclassified, non-union employees; and
WHEREAS, the City desires to offer unionized
employees the opportunity to participate in the Plan by means of a Plan
amendment, should the representative union(s) express such intent through a Letter
of Agreement between the union and the City; now therefore
RESOLVED, that Council authorizes staff to
modify and amend the established Plan, to allow participation of represented
employees upon establishment of the required Letter of Agreement between the
union(s) and the City. (Motion ADOPTED.)
OCCUPATIONAL HEALTH NURSE SERVICES
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, the City of
WHEREAS, the City has purchased occupational
health nursing services from the Center since 1992; and
WHEREAS, it is recommended by the
WHEREAS, these services are deemed to be
professional services in accordance with Section 2-19 of the Code of
Ordinances, and do not require a competitive bid process; now therefore
RESOLVED, that the Purchasing Agent is
hereby authorized to issue a purchase order to MidMichigan Urgent
2004 ST. CHARLES & WHITMAN DRIVE RECONSTRUCTION; CONTRACT NO. 2
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed proposals have been advertised and received in accord
with Article II of Chapter 2 of the Midland Code of Ordinances for the
reconstruction of St. Charles Street from Poseyville Road to Whitman Drive and
Whitman Drive from Towsley Street to St. Charles Street; and
WHEREAS, funding for this project is provided by the Major Street Fund;
now therefore
RESOLVED, that the low sealed proposal submitted by Porath Contractors,
Inc. of Houghton Lake, Michigan, for the "2004 St. Charles and Whitman
Drive Reconstruction; Contract No. 2", in the indicated amount of
$173,953.00, based upon City estimated quantities is hereby accepted and the
Mayor and the City Clerk are authorized to execute a contract therefore in
accord with the proposal and the City's specifications; and
RESOLVED FURTHER, that the City Manager has the authority to approve
change orders modifying or altering this contract in an aggregate amount not to
exceed $20,000. (Motion ADOPTED.)
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, a proposed Contract No. 04-5364 has been submitted to the City
of Midland by the Michigan Department of Transportation for approval of funding
for the street widening of Jerome Street between Indian Street and Buttles
Street; and
WHEREAS, the total estimated cost of the project is $91,000, of which
federal aid will contribute $72,800, MDOT will contribute $16,150 and the City
of Midland will contribute $2,050; and
WHEREAS, funding of the City cost share will be provided by the Major
Street Fund; and
WHEREAS, the City of
RESOLVED, that the City Council hereby approves the proposed Michigan
Department of Transportation Contract No. 04-5364 and authorizes the Mayor and
City Clerk to execute the contract on behalf of the City of Midland. (Motion ADOPTED.)
LEASE OF WHEEL LOADER FOR LANDFILL
The following resolution was offered by
Councilman Myers and seconded by Councilman McKeag:
WHEREAS, sealed bids for the three-year lease of one (1) articulated wheel loader – Landfill, Bid No. 2784, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and
WHEREAS, the Hyundai machine proposed by Midland Engine was rejected because it did not meet the minimum bid specifications; and
WHEREAS, staff review has determined that the Komatsu WA380-5 articulated wheel loader, submitted by AIS Construction Equipment Corporation of Bridgeport, offers the lowest total annual lease and preventive maintenance payment of $35,268.00; and
WHEREAS, the City Administration has reported sufficient funds are available in the 2004/05 Landfill fund account #517-8110-811.94-11 for the initial annual lease and preventive maintenance payment of $35,268.00; now therefore
RESOLVED, that the bid proposal
submitted by AIS Construction Equipment Corporation (AIS) of
RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute the lease and preventive maintenance contract with AIS, and authorizes annual payments of $35,268.00 (total of $105,804.00 for the term of lease), subject to approval by the City Attorney. (Motion ADOPTED.)
ANNUAL SURPLUS EQUIPMENT AUCTION
City Purchasing Agent Mike Meyer presented a
resolution authorizing the City Manager to sell surplus city equipment at an
auction scheduled for
RESOLVED, that the City Manager is hereby authorized to sell the surplus city equipment itemized on the “2004 Auction List” attached as provided by Sections 2-23 and 2-24 of the Midland Code of Ordinances; and
RESOLVED FURTHER, that the
Purchasing Agent is hereby authorized to conduct an auction to sell the surplus
equipment at the
CLOSED SESSION
The following resolution was offered by
Councilman McKeag and seconded by Councilman Myers:
RESOLVED, that in accord with
Sections 8(c) of Public Act 267 of the Public Acts of the State of Michigan of
1976, as amended, and upon adoption of this resolution by at least four affirmative
votes of the
Being no further business the
meeting adjourned to a closed session at
______________________________________
Selina Tisdale, City