September 13, 2004

 

A regular meeting of the City Council was held on Monday, September 13, 2004, 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, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz

Councilmen absent:

None

 

Councilman Johnson requested Agenda Item 6A, Traffic Control Order P-04-15 and Agenda Item 9A for the purchase of dump trucks be removed from the consent agenda.

 

MINUTES

Approval of the minutes of the August 23, 2004 special and regular, September 1, 2004 and September 8, 2004 special meetings was offered by Councilman Myers and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

SOIL EROSION & SEDIMENTATION CONTROL AND CIVIL INFRACTIONS ORDINANCE

Assistant City Manager Jon Lynch presented information on the second reading of an amendment to the Soil Erosion and Sedimentation Control Ordinance and Section 34-5, Civil Infractions.  The following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Myers:

 

ORDINANCE NO. 1584

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING ARTICLE V OF CHAPTER 5 AND SECTION 34-5 OF CHAPTER 34 THEREOF.

The City of Midland Ordains:

Section 1.        Article V of Chapter 5 is hereby amended as follows:

Article V. Soil Erosion and Sedimentation Control

Sec. 5-10.  Municipal enforcing agency.

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. SESC Permits and submission of plans.

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.

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. Site Inspection.

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. Enforcement.

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. Appeal. 

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.

Section 2.        Section 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 3.        This ordinance shall take effect upon publication.  (Ordinance ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

SITE PLAN NO. 220 – TACO BELL RESTAURANT REVISED

Previous to discussion on this item Mayor Black, a partner in the law firm of Currie Kendall Polasky Meisel PLC, stated his firm represents Nicolaos A. Rapanos on this matter and requested to abstain from voting on this issue.  Council unanimously agreed to the absention.  The gavel was handed to Mayor Pro Tem Johnson.  Assistant City Manager Jon Lynch presented an overview of revised Site Plan No. 220 to include a curb cut for a 2,900 square foot Taco Bell Restaurant proposed to be built at 1820 S. Saginaw Road.  LeRoy Asher, Attorney from Miller, Canfield, Paddock and Stone, PLC, representing Taco Bell, spoke in regard to the revised site plan.  Alex Irigoyen, 3717 Woodland, architectural representative to Mr. Nicolaos Rapanos, spoke in support of the revised site plan.  The following resolution was offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, on September 29, 2003 the City Council approved Site Plan No. 220, the request of Mr. Bill Beckett, WT Development for a 2,900 square foot Taco Bell restaurant with drive thru located at 1820 South Saginaw Road on .76 acres; and

WHEREAS, the City Council has reviewed the proposed revision to Site Plan No. 220 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve revised Site Plan No. 220, received on August 31, 2004, which will authorize opening a curb cut onto South Saginaw Road contingent upon the City of Midland Engineering Department approving construction drawings for said curb cut.  (Motion ADOPTED.  Yeas:  Johnson, McKeag, Myers, Rokosz   Nays: None   Abstained:  Black)

 

Mayor Pro Tem Johnson returned the gavel to Mayor Black.

 

SITE PLAN NO. 214 – DOLLAR DAZE

Assistant City Manager Jon Lynch presented information on Site Plan 241 -  Dollar Daze  which City Council approved on June 28, 2004.  The City received a request from Anne Wiltse, CEO of Dollar Daze Corporation, that clarification be made on the requirement for installation of a chain-link fence along the north property line and that consideration be given to delaying the installation of the evergreen buffer along the west property line.  The presentation included a recommendation that City Council schedule a public hearing to consider public comments on the proposed revision on the September 27 City Council agenda.  

Anne Wiltse, CEO of Dollar Daze Corporation, spoke on behalf of her request for clarification on the north property line fencing requirement and that the plantings on the west side be delayed.

Kirk Bortel, 5102 High Ridge Court, commented the proposed black vinyl fence does not provide for obscured vision and the current vegetation does not provide the 75% vision obstruction that is presently required.  He stated that because the residential property is on higher ground overlooking the business site that the screening isn’t very beneficial.  Mr. Bortel spoke in support of delaying the plantings until spring and supported the opportunity for residents on the north property line of the development to give input on the fence issue.

George McCauly, 5012 High Ridge Court, commented the proposed obscuring fence does not provide much screening and the screening is mostly provided by the trees.  He spoke in support of delaying the plantings until spring and inquired about wetland issues on the proposed development site.

The following resolution was offered by Councilman McKeag and seconded by Councilman Johnson:

 

WHEREAS, on June 28, 2004 the City Council approved Site Plan No. 241, the request of Dollar Daze to construct an 11,025 square foot building on 3.1 acres located north of North Saginaw Road and west of Eastman Avenue; and

WHEREAS, Dollar Daze has requested consideration of amendment to the conditions of approval; and

WHEREAS, the City Council has reviewed the contingencies of the approval of Site Plan No. 241; now therefore

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, September 27, 2004, at 7:00 p.m. in the Council Chambers, City Hall, for the purpose of considering approval of Site Plan No. 241 subject to the following revised contingency items:

1.      A 6’ tall chain link fence with black vinyl coating with 1.5” mesh is required only along the west property line and is not required along the north property line.

2.      Planting of evergreen trees in a staggered pattern on 7.5’ centers with 10’ separating the alternating rows of trees along the west property line will be required only if the Planning & Community Development Department determines that existing vegetation does not produce screening required by Section 29.12 of the Zoning Ordinance.

; and

RESOLVED FURTHER, that the City Clerk is hereby directed to notify property owners within two hundred (200) feet by transmitting notice on September 17, 2004 and to publish said notice on September 18, 2004.  (Motion DENIED.  Yeas:  None   Nays:  Black, Johnson, McKeag, Myers, Rokosz)

 

The following resolution was offered by Councilman Rokosz and seconded by Councilman Johnson:

 

WHEREAS, on June 28, 2004 the City Council approved Site Plan No. 241, the request of Dollar Daze to construct an 11,025 square foot building on 3.1 acres located north of North Saginaw Road and west of Eastman Avenue; and

WHEREAS, Dollar Daze has requested consideration of amendment to the conditions of approval; and

WHEREAS, the City Council has reviewed the contingencies of the approval of Site Plan No. 241; now therefore

RESOLVED, that the revised conditions hereby apply:

1.      A 6’ tall chain link fence with black vinyl coating with 1.5” mesh is required only along the west property line and is not required along the north property line.

2.      Planting of evergreen trees in a staggered pattern on 7.5’ centers with 10’ separating the alternating rows of trees within 45’ of the west property line will be required.

(Motion ADOPTED.)

 

CITY FOREST ESTATES SUBDIVISION SIDEWALK TIME EXTENSION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, a written request has been received from Robert Kinnun of Wiskin Developments, Inc., proprietor of City Forest Estates Subdivision, to extend the period of time to complete the sidewalk within said subdivision; now therefore

RESOLVED, that in accord with Sections 23-80(1) and 23-80(3) of the Code of Ordinances of the City of Midland, the City Council hereby extends the period of time to complete the sidewalk within City Forest Estates Subdivision until January 10, 2006 conditioned upon receipt of a financial guarantee in an amount determined by the City Engineer, valid for a period of one year beyond the date of the required completion of the sidewalk; and

RESOLVED FURTHER, that if a new financial guarantee is not provided by October 15, 2004, Council authorizes staff to use the existing financial guarantee on file to install all remaining sidewalk.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER P-04-15

Assistant City Engineer Bradd Maki presented Traffic Control Order P-04-15 to establish parking spaces on a portion of the north side of Hollybrook Drive and prohibit standing, stopping and parking on another portion of Hollybrook Drive.  Nancy Peeler, 803 Hollybrook Drive, spoke in support of the traffic control order and encouraged the Midland Police Department to patrol the area during school pickup and drop off times to enforce the order.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Johnson:

 

RESOLVED, that Traffic Control Order No. P-04-15 filed May 28, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That the parking prohibition on the north side of Hollybrook Drive and west side of Friar Lane 150 feet from the crosswalk located 50 feet north of Hollybrook Drive on Friar Lane be changed to a stopping, standing, and parking prohibition.

is hereby made permanent.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-04-07

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that Traffic Control Order No. S-04-07 filed June 17, 2004 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

That Broadhead Drive shall stop for Jefferson Avenue.

is hereby made permanent.  (Motion ADOPTED.)

 

NPDES PERMIT NO. MI 0023582 ISSUED BY MDEQ

Utilities Director Noel Bush presented information on a resolution seeking Council approval of the conditions set forth in the Michigan Department of Environmental Quality’s National Pollutant Discharge Elimination System (NPDES) Permit for the City of Midland Wastewater Treatment Plant.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, National Pollutant Discharge Elimination System (NPDES) permits are required by the Federal “Clean Water Act” as administered by USEPA, and provide authority to MDEQ to regulate said permitted discharges and dischargers in Michigan; and

WHEREAS, the NPDES permit renewal application for City of Midland’s Wastewater Treatment Plant Permit was submitted in a timely fashion in anticipation of its current permit expiring on October 31, 2003, and staff has since been working under an extension granted by the MDEQ; and

WHEREAS, staff received a “first draft” NPDES Permit on March 1, 2004, and since that time, extensive language review and productive negotiations have taken place between City staff and MDEQ Lansing Permits staff; and

WHEREAS, on July 13, 2004 the City received NPDES Permit No. MI0023582 that will take effect on October 1, 2004, and expire at midnight on October 1, 2008; and

WHEREAS, the proposed permit is viewed by staff as having the necessary conditions to more than adequately protect the water environment in the Tittabawassee River and around the Midland area; now therefore

RESOLVED, that the City of Midland accepts the conditions of the NPDES permit No. MI0023582 issued July 13, 2004 and scheduled to expire October 1, 2008.  (Motion ADOPTED.)

 

KOKOPELLI’S LIQUOR LICENSE SHOW CAUSE HEARING POSTPONED

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on May 10, 2004 the City Council adopted a resolution scheduling a show cause hearing for June 28, 2004, for the purpose of providing the owner of the Kokopelli’s liquor license an opportunity to show cause as to why the City Council should not recommend revocation of the liquor license to the Michigan Liquor Control Commission in accordance with the recommendation of the City Manager; and

WHEREAS, subsequent to the scheduling of the show cause hearing, the City received an application for transfer of ownership and location of said liquor license from K&D Espresso, Inc.; and

WHEREAS, the City Council has adopted a resolution recommending the transfer of said license, and a resolution postponing the show cause hearing until Monday, September 13, 2004; and

WHEREAS, in a letter dated September 8, 2004 the representative for K&D Espresso, Inc. has indicated that approval of the transfer by the Liquor Control Commission has been delayed due to additional information being required by the LCC and therefore requests that the show cause hearing be adjourned since LCC approval is expected within the next 6 to 8 weeks; now therefore

RESOLVED, that the show cause hearing on said license scheduled for September 13, 2004 is hereby postponed until Monday, November 8, 2004 at 7:00 p.m., and the City Manager is hereby instructed to notify the license holder; and

RESOLVED FURTHER, that if said license is activated prior to November 8, 2004, then the show cause hearing shall be cancelled.  (Motion ADOPTED.)

 

PURCHASE OF DUMP TRUCKS

Department of Public Services Director Martin McGuire presented a report on the purchase of DPS heavy equipment trucks.  The following resolution was then offered by Councilman Myers and seconded by Councilman Rokosz:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Dump Trucks, Bid No. 2797; and

WHEREAS, sufficient funding for the purchase of the dump trucks is included in the 2004-05 Equipment Revolving Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Wieland Sales of Bay City, Michigan in the amount of $341,414.29, including trade-in of city equipment numbers 3-12, 3-03, 3-14, 3-73 and 3-74, for the purchase of one snow plow truck, two tandem axle dump trucks and two grain body dump trucks in accordance with the proposal and city specifications.  (Motion ADOPTED.)

 

DPS GARAGE FLOOR RECONDITIONING

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the DPS Garage Floor Reconditioning project, Bid No. 2798; and

WHEREAS, funding for this project is included in the 2004-05 Capital budget for the Municipal Service Center; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to Techniquex Coating Systems, LLC of Tempe, Arizona in the amount of $25,611, in accordance with the proposal and city specifications; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 

PURCHASE OF HOCKEY SHOP INVENTORY (PURCHASE ORDER INCREASE)

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City operates a hockey supply shop in the Civic Arena and makes regular purchases from vendors to maintain an inventory of items for sale; and

WHEREAS, sufficient funding for such purchases is included in the inventory account of the 2004-05 Civic Arena budget; now therefore

RESOLVED, that said items are purchased for resale purposes within the meaning of Section 2-23 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that the Purchasing Agent is authorized to increase existing purchase order #15014 to Easton Sports, Inc. of Atlanta, Georgia up to the amount of $40,000 for the purchase of hockey shop inventory items.  (Motion ADOPTED.)

 

PURCHASE OF PORTABLE TRASH PUMP - WASTEWATER

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, there is frequently a need by Wastewater staff to bypass sections of sanitary sewer to allow maintenance and repair work to be performed; and

WHEREAS, the bypass procedure has been performed with the use of a six-inch Barnes trash pump that was purchased in 1972, and while reliability of this pump is becoming more of a concern a replacement has been scheduled; and

WHEREAS, sealed bids for a Portable Trash Pump, Bid No. 2799, have been advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid submitted by Thompson Pump Midwest of Clarkston in the amount of $22,990.00 meets the City's specifications; and

WHEREAS, funding for this purchase totaling $22,990.00 is provided by 1) $10,000 (2003/04 Wastewater encumbrance, and 2) $12,990.00 (2004/05 Wastewater budget); now therefore

RESOLVED, that the low bid proposal submitted by Thompson Pump Midwest of Clarkston in the amount of $22,990.00 is hereby accepted and a purchase order in that amount is authorized.  (Motion ADOPTED.)

 

PURCHASE OF MECHANICAL JOINT FITTING – WATER

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, sealed bids for Bid No. 2791, Mechanical Joint Fittings, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the lowest total bid received from Municipal Supply Company is not being recommended because the majority of the items contained “no bid”; and

WHEREAS, staff recommends awarding the next low total bid of $76,451.05 to Etna Supply, while still reserving the right to purchase any item from another vendor for less cost; and

WHEREAS, funds are available in the Water Fund Inventory Account; now therefore

RESOLVED, that a purchase order is hereby authorized to Etna Supply Company of Grand Rapids for an amount not to exceed $76,451.05; and

RESOLVED FURTHER, that the City Manager is hereby authorized to make change orders in an aggregate amount not to exceed $5,000.  (Motion ADOPTED.)

 


PAYMENT FOR LEGAL SERVICES – AIRPORT ROAD EXTENSION

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, on September 29, 2003 City Council authorized the Mayor and City Clerk to execute an agreement between the Midland County Road Commission and the City of Midland regarding the extension of Airport Road as well as an agreement regarding common representation of the Midland County Road Commission and the City of Midland with the law firm of Miller, Canfield, Paddock & Stone, PLC; and

WHEREAS, also on September 29, 2003 City Council authorized payments to Miller, Canfield, Paddock and Stone, PLC for the aforementioned contracted legal services in a total amount not to exceed $40,000; and

WHEREAS, the cost of continuing said services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2004-2005 Major Street Fund; now therefore

RESOLVED, that said services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that payment to Miller, Canfield, Paddock & Stone, PLC for contracted legal services in connection with the aforementioned matter is hereby authorized in an amount not to exceed $60,000.  (Motion ADOPTED.)

 

PROPOSED REHABILITATION DISTRICT FOR DOW CHEMICAL COMPANY

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

WHEREAS, the City Council, having received a letter for a proposed replacement facility from The Dow Chemical Company for property located within a section of the Saran Complex at Michigan Operations, which was received by the City Clerk on September 8, 2004, has requested the establishment of a Plant Rehabilitation District as described in said communications under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentive rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, a hearing shall be held before the City Council on Monday,

September 27, 2004, at 7:00 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of a Plant Rehabilitation District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Plant Rehabilitation District.  (Motion ADOPTED.)

 


PROPOSED 2004-05 DDA BUDGET AMENDMENT

The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, September 27, 2004 in the Council Chambers of City Hall on the proposal to amend the 2004-2005 Downtown Development Authority budget to provide $14,000 of funding to hire a part-time Office Assistant.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 9:20 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk