A regular meeting of the City
Council was held on
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Councilmen present: |
Drummond Black, Bruce Johnson, Hollis McKeag, James Myers, Joseph Rokosz |
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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.
Approval of the minutes of the
SOIL EROSION & SEDIMENTATION CONTROL
AND CIVIL INFRACTIONS ORDINANCE
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
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.
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
Mayor Pro Tem Johnson returned the gavel to Mayor Black.
SITE PLAN NO. 214 – DOLLAR
DAZE
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,
George McCauly,
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
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
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.)
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
TRAFFIC CONTROL ORDER P-04-15
RESOLVED, that Traffic Control Order No. P-04-15 filed
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
That
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
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
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
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
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
RESOLVED FURTHER, that if said
license is activated prior to
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
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
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
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
RESOLVED FURTHER, that the City
PAYMENT FOR LEGAL SERVICES –
The following resolution was offered by Councilman Myers and seconded by Councilman McKeag:
WHEREAS, on September 29, 2003
WHEREAS, also on September 29, 2003
WHEREAS, the cost of continuing said services is expected to exceed
$20,000 and therefore approval of the
WHEREAS, sufficient budgetary funding exists within the
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
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
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
______________________________________
Selina Tisdale, City