July 21, 2008
A
regular meeting of the City Council was held on Monday, July 21, 2008, at 7:00
p.m. in the Council Chambers of City Hall.
Mayor Johnson presided. The
Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen
present: |
Thomas
Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz |
|
Councilmen
absent: |
None |
Approval
of the minutes of the July 14, 2008 regular meeting was offered by Councilman
McKeag and seconded by Councilman Rokosz.
(Motion ADOPTED.)
MBS
International Airport Manager Jeff Nagel provided a presentation on the MBS
International Airport. The following
resolution was then presented by Councilman McKeag and seconded by Councilman
Rokosz:
RESOLVED, that the presentation given by Jeff
Nagel, Airport Manager, providing the City Council with an update on the MBS
International Airport is hereby accepted and ordered placed on file in the
Office of the City Clerk. (Motion
ADOPTED.)
No
public comments were made.
Utilities
Director Noel Bush presented information on an amendment to Section 28-102 and
Section 28-129 of Division 1 of Article III of Chapter 28 of the Sewers and
Sewage Disposal Ordinance. Introduction
and first reading of the following ordinance amendment was offered by
Councilman McKeag and seconded by Councilman Adams:
ORDINANCE NO. _______
AN ORDINANCE TO AMEND THE CODE OF
ORDINANCES, CITY OF MIDLAND, MICHIGAN, BY AMENDING SECTION 28-102 AND SECTION
28-129 OF DIVISION 1 OF ARTICLE III OF CHAPTER 28 THEREOF.
The City of Midland Ordains:
Section 1.
Section 28-102 and Section 28-129 of Division 1 of Article III of
Chapter 28 of the Code of Ordinances are hereby amended to read as follows:
Sec. 28-102. Definitions.
When used in this article, the following terms shall
be construed as defined in this section, unless a different definition shall be
adopted for any division of this chapter.
Act or "the
act". The Federal Water Pollution Control
Act (P.A. 92-500), also known as the Clean Water Act, as amended, 33 U. S.C.
1251, et seq.
Biochemical
oxygen demand (BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five (5) days
at twenty (20) degrees centigrade expressed in terms of weight and
concentration (milligrams per liter (mg/l)), as determined by "Standard
Methods."
Board. Sewer board of appeals.
Building
sewer. A sewer conveying wastewater from
the premises of a user to the public sewer, and not owned or maintained by the
City of Midland.
Categorical
standards. National categorical pretreatment
standards or pretreatment standard.
City. The City of Midland or the city council of Midland.
Code. City of Midland Code of Ordinances.
Combined
sewer. A sewer intended to serve as a sanitary sewer and a
storm sewer.
Compatible
pollutant. Materials of acceptable
concentration designated by biochemical oxygen demand, pH, fecal coliform
bacteria, suspended solids, phosphorus or other pollutants as designated by the
director of utilities.
Cooling water. The water
discharged from any use such as air conditioning, cooling or refrigeration, and
to which the only pollutant added is heat.
Department. City of Midland utilities department generally and wastewater
division specifically.
Direct
discharge. The discharge of treated or
untreated wastewater directly into the waters of the State of Michigan, without
first having been treated by the POTW.
Director. The director
of utilities for the City of Midland, or his duly authorized representative(s).
Director of
utilities. The person designated by the city manager to
supervise the operation of the publicly owned treatment works and who is
charged with certain duties and responsibilities by this chapter, or his duly
authorized representative(s).
Discharge. Spilling,
leaking, seeping, pumping, pouring, emitting, emptying, dumping or depositing.
Domestic user. Those users
that discharge normal domestic waste from residential living units and
resulting from the day-to-day activities usually considered to be carried out
in a domicile. Discharges from other users to be considered normal domestic
waste shall be of the same nature and strength and have the same flow rate
characteristics thereof.
Environmental
Protection Agency or EPA. The U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a
designation for the administrator or other duly authorized official of said
agency.
Fats, oil and greases. Organic compound derived from animal and /
or plant sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test procedures
established in the United States Code of Federal Regulations 40 CFR 136 as may
be amended from time to time. All are sometimes referred to as “grease” or
“greases”.
Garbage. The wastes from the preparation, cooking and dispensing of food or
from handling, storage and sale of produce.
Grab sample. A sample which is taken from a
waste stream on a one-time basis with no regard to the flow in the waste stream
and without consideration of time.
Ground water. The water
beneath the surface of the ground, whether or not flowing through known or
definite channels.
Holding tank
waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
Incompatible
pollutants. All pollutants not defined as compatible.
Indirect
discharge. The discharge or the introduction
of nondomestic pollutants from any source regulated under Section 307(b) or (c)
of the act (33 U.S.C. 1317), into and through the POTW.
Interference. The
inhibition or disruption of the POTW treatment processes or operations
which contributes to a violation of any requirement of the city's NPDES
permit. The term includes prevention of sewage sludge use or disposal by the
POTW in accordance with Section 405 of the act.
National
categorical pretreatment standard or pretreatment standard. Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with
Section 307(b) and (c) of the act (33 U.S.C. 1347) which applies to a specific
category of industrial users.
National pollutant discharge elimination system
(NPDES). A national permit program established by the Federal Water Pollution
Control Act Amendment of 1972 (Public Law 92-500) requiring all municipalities,
industries and commercial enterprises that discharge to surface watercourses to
have NPDES permits approved by the U.S. EPA and in Michigan the Water Resources
Commission by December 31, 1974.
National
prohibitive discharge standard or prohibitive discharge standard. Any
regulation developed under the authority of Section 307(b) of the act and 40
CFR, Section 403.5.
Natural
outlet. Any outlet into a watercourse,
pond, ditch, lake or other body of surface or ground water.
New sources. Any source,
the construction of which is commenced after the publication of proposed
regulations prescribing a new source performance standard which will be
applicable to such source, if standard is thereinafter promulgated in
accordance with Section 306(a) of the Clean Water Act.
Nondomestic user. Those users discharging other
than normal domestic waste.
Normal domestic waste. User
discharges to the City of Midland POTW in which concentrations of suspended
solids, five-day BOD, and phosphorus are three hundred (300), three hundred
fifty (350), and thirteen (13), respectively, at the point of discharge to the
POTW.
Oil. Oil of any kind, in any form including, but not
limited to, petroleum, fuel oil, sludge and oil refuse, gasoline, grease, and
oil mixed with waste.
Other waste. Garbage, refuse, decayed wood, bark and other wood
debris, wastes from industrial processes, and other substances which are not
included within the definition of pollutant.
Operation and maintenance. The labor,
material, and other costs incurred by the performance of operation and
maintenance of a sewer system.
Owner. The owners or owner of the freehold of the premises
or lesser estate therein, a mortgage or vendee in possession, an assignee of
rents, receiver, executor, trustee, lessee or any other person, firm or
corporation directly or indirectly in control of a building, structure or real
property, or his duly authorized agent.
Party (person). Any individual, partnership,
copartnership, firm, company, corporation, association, joint stock company,
trust, estate, governmental entity or any other legal entity, or their legal
representatives, agents or assigns. The masculine gender shall include the
feminine, the singular shall include the plural where indicated by the context.
Permittee, permit holder. Any person
who owns, operates, possesses or controls an establishment or plant being
operated under a valid wastewater contribution permit to discharge waste in to
the city POTW.
pH. The logarithm (base 10) of the reciprocal of the
concentration of hydrogen ions expressed in grams per liter of solution.
Phosphorus (total). As defined and determined by
"Standard Methods."
Pollutant. Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes, oils, biological
materials, radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt and industrial, municipal and agricultural waste discharged
into water.
Pollution. The placing of any noxious or deleterious substance
in any waters of the state in quantities which are or may be potentially
harmful or injurious to human health or welfare, animal or aquatic life, or
property, or unreasonably interfere with the enjoyment of life or property,
including outdoor recreation.
POTW treatment plant. That portion
of the POTW designed to provide treatment to wastewater.
Pretreatment or treatment. The reduction of the amount of
pollutants, the elimination of pollutants, the alteration of the nature of
pollutants, or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration can be
obtained by physical, chemical or biological processes, or process changes by
other means, except as prohibited by 40 CFR, Section 403.6(d).
Pretreatment requirements. Any substantive
or procedural requirement related to pretreatment, other than a national
pretreatment standard, imposed on an industrial user.
Private sewage disposal system. A system for
pretreatment of sewage by any means, designed to treat wastewater prior to
discharge to the POTW.
Public sewer. A sewer that is owned and maintained by the City of
Midland.
Publicly owned treatment works (POTW). A treatment
works as defined by Section 212 of the act (33 U. S.C. 1292) which is owned in
this instance by the city. This definition includes any sewers that convey
wastewater to the POTW treatment plant, except those pipes, sewers or other
conveyances connected to a facility providing pretreatment or a building sewer.
For the purposes of this article, "POTW" shall also include any
sewers that convey wastewaters to the POTW from persons outside the city who
are, by contract or agreement with the city, users of the city's POTW.
Readiness-to-serve charge. A charge
approximately equal to the proportional fixed costs of the city's water system
attributable to each user.
Sanitary sewer. A sewer intended to carry only
sanitary or sanitary and industrial wastewaters from residential and commercial
buildings, industrial plants, or institutions.
Shall is mandatory; may is permissive.
Standard methods. The most recent edition of
"Standard Methods for the Examination of Water and Wastewater,"
published by the American Public Health Association, the American Water Works
Association, and the Water Pollution Control Association, a copy of which is on
file in the office of the director.
Standard industrial classification (SIC). A
classification pursuant to the "Standard Industrial Classification
Manual," issued by the Executive Office of the President, Office of
Management and Budget, 1972.
State. State of Michigan.
Storm sewer. A sewer intended to carry only storm waters, surface
runoff, street wash water, sub-soil drainage, and noncontact cooling water.
Storm water. Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
Surcharge. As applies to this chapter, that charge levied on
users of the POTW resulting from user contributions of nondomestic waste to the
POTW or a charge to the user by the city to recover costs, of and by the city,
for accepting and treating a user contribution in lieu of user pretreatment of
nondomestic waste.
Surface waters. Water upon the surface of the
earth, whether contained in bounds created naturally or artificially, or
diffused.
Suspended solids. The total suspended matter that
floats on the surface of, or is suspended in, water, wastewater or other
liquids, and which is removable by laboratory filtering as determined by
"Standard Methods."
Toxic pollutant. Any pollutant or combination of
pollutants that are determined to be toxic or are listed as toxic in
regulations promulgated by the administrator of the environmental protection
agency under the provision of the CWA 307a) or other acts.
User. Any person, establishment, or owner who discharges
any domestic or nondomestic sewage or waste into the POTW system of the city or
any system connected thereto.
User charge. A charge levied on the users of the POTW for the
normal cost of operation, maintenance and replacement of such works.
Wastewater. The liquid and water-carried wastes from dwellings,
commercial buildings, industrial facilities, and institutions, together with
any ground water, surface water, and storm water that may be present, whether
treated or untreated, which is discharged into the POTW.
Wastewater contribution permit. As set forth
in this chapter, a permit issued by the city to nondomestic users of the POTW.
Watercourse. A channel in which a flow of water occurs, either
continuously or intermittently.
Waters of the state. All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems, and all other bodies or accumulations of
water, surface or underground, natural or artificial, public or private, which
are contained within, flow through, or border upon the state or any portion
thereof.
(Ord. No. 1087, § 1, 6-3-85; Ord. No. 1514, § 1,
7-23-01)
Sec. 28-129. General discharge prohibitions.
No user shall contribute or cause to be contributed,
directly or indirectly, any pollutant or wastewater which will interfere with
the operation or performance of the POTW. These general prohibitions apply to
all such users of the POTW whether or not the user is subject to national
categorical pretreatment standards or any other national, state or local
pretreatment standards or requirements. A user may not contribute the following
substances to the POTW:
(1) Any liquids, solids or gases which by
reason of their nature or quantity are, or may be, sufficient either alone or
by interaction with other substances to cause fire or explosion or be injurious
in any other way to the POTW or to the operation of the POTW, or a hazard to
public health. At no time shall two (2) successive readings on an explosion
hazard meter at the point of discharge into the system (or at any point in the
system) be more than five (5) percent nor any single reading over twenty (20)
percent of the lower explosive limit (LEL). Prohibited materials include, but
are not limited to: gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, and sulfides.
(2) Solid or viscous substances which may
cause obstruction to the flow in a sewer or interference with the operation of
the wastewater treatment facilities such as, but not limited to: grease,
garbage with particles greater than one-half ( 1/2) inch in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues,
residues from refining or processing of fuel or lubricating oil, mud or glass
grinding or polishing wastes.
(3) Any wastewater having a pH less than 5.0
or greater than 11.0, or wastewater having any other corrosive property capable
of causing damage or hazard to structures, equipment, and/or personnel of the
POTW.
(4) Any wastewater containing toxic
pollutants in sufficient quantity, either singly or by interaction with other
pollutants, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a toxic effect in the
receiving waters of the POTW due to pass-through, or to exceed the limitation
set forth in a categorical pretreatment standard. A toxic pollutant shall
include but not be limited to any pollutant identified pursuant to Section
307(a) of the act.
(5) Any noxious or malodorous liquids,
gases, or solids which either singly or by interaction with other wastes are
sufficient to create a public nuisance or hazard to life, or are sufficient to
prevent entry into the sewers for maintenance and repair.
(6) Any substance which may cause the POTW's
effluent or any other product of the POTW such as residues, sludges, or scums,
to be unsuitable for discharge, disposal, reclamation, and/or reuse or to
interfere with the treatment or reclamation process.
(7) Any substances which will cause the POTW
to violate its NPDES and/or state disposal system permit (PERM).
(8) Any wastewater with objectionable color
not removed in the treatment process such as, but not limited to, dye wastes
and vegetable tanning solutions.
(9) Any wastewater having a temperature
which will inhibit biological activity in the POTW treatment plant resulting in
interference, but in no case wastewater with a temperature at the introduction
into the POTW which exceeds forty (40) degrees centigrade (one hundred and four
(104) degrees Fahrenheit).
(10) Any pollutants, including oxygen demanding
pollutants (BOD, etc.), released at a flow rate and/or pollutant concentration
which will cause or is deemed to cause interference to the POTW. In no case shall
a slug load have a flow rate or contain concentration or quantities of
pollutants that exceed for any time period longer than fifteen (15) minutes,
more than five (5) times the average twenty-four-hour concentration,
quantities, or flow during normal operation.
(11) Any wastewater containing any radioactive
wastes or isotopes of such halflife or concentration as may exceed limits
established by the director in compliance with applicable state or federal
regulations.
(12) Any wastewater which causes a hazard to
human health or life or creates a public nuisance. When the director determines
that a user(s) is contributing to the POTW any of the above enumerated
substances in such amounts as to interfere with the operation of the POTW, the
director shall:
(a) Advise the user(s) of the impact of the
contribution on the POTW; and
(b) Require the user to obtain,
maintain and comply with a wastewater contribution permit.
(13) No
user shall allow wastewater discharge concentration of grease to exceed 100
milligrams per liter as defined by EPA test method 1664. Request to use any other analytical method
must be approved by the wastewater superintendent.
Section 2. This ordinance shall take effect upon publication. (Motion ADOPTED. Considered first reading.)
City
Manager Jon Lynch presented a resolution authorizing the City Manager to take
the necessary steps to implement the Public Improvement Process for the 2009-10
City of Midland Budget and enter into a contract with Kezziah Watkins to
facilitate said process. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Rokosz:
WHEREAS,
the City Manager has presented a public input process designed to obtain
citizen and employee feedback on issues and priorities for the 2009-10 budget
preparation process; and
WHEREAS,
the staff recommends that the firm of Kezziah Watkins be retained to conduct
the process; and
WHEREAS,
sufficient funding exists in the General Fund budget; now therefore
RESOLVED,
that the City Manager is hereby authorized and instructed to take the necessary
steps to implement the process presented to City Council in a report dated July
21, 2008; and
RESOLVED
FURTHER, that in accord with Section 2-19 of the City of Midland Code of
Ordinances the City Manager is authorized to enter into a contract with Kezziah
Watkins to facilitate the public input process at a cost not to exceed $49,700. (Motion ADOPTED.)
Withdrawn
by Petitioner.
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that Traffic Control Order No. P-08-14 filed May 19, 2008 pursuant to Chapter
24 of the Code of Ordinances to establish traffic control as follows:
That
parking shall be prohibited on the south side of Wackerly Street from Perrine
Road to Sturgeon Avenue.
is
hereby made permanent. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the Mayor and the City Clerk are authorized to execute an agreement for
the years July 1, 2008 through June 30, 2011, with Midland Tomorrow for
economic development services. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
sealed proposals have been advertised and received in accord with Article II of
Chapter 2 of the Midland Code of Ordinances for periodical and newspaper
subscription services for the Grace A. Dow Memorial Library; and
WHEREAS,
the proposal submitted by Magazine Subscription Service Agency is the lowest
bid; and
WHEREAS,
funding is available in the 2008/2009 Grace A. Dow Memorial Library budget; now
therefore
RESOLVED,
that the sealed proposal for Bid No. 3126 submitted by Magazine Subscription
Service Agency for periodical and newspaper subscription services for the Grace
A. Dow Memorial Library in an amount not to exceed $21,000 is hereby accepted
and the necessary purchase order authorized.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
in 1985, the City began utilizing the biosolids disposal technique of Land
Application as the most cost effective and environmentally sound alternative
available; and
WHEREAS,
the lone sealed bid for Wastewater - Land Application of Biosolids, Bid No.
3124, for a three-year period July 1, 2008 to June 30, 2011, has been
advertised and received in accord with Section 2-18 of the Midland Code of
Ordinances; and
WHEREAS,
funding has been budgeted in the 2008/09 Wastewater Fund account
#590-8144-811.81-92 - Sludge Hauling; now therefore
RESOLVED,
that the lone sealed proposal submitted by Synagro Central of Baltimore,
Maryland for the indicated price per gallon of biosolids of $0.0309, for up to
3,000,000 gallons per year for three years, at a total annual amount of
$92,700.00, is hereby accepted and purchase orders are authorized; and
RESOLVED
FURTHER, that the City Manager is authorized to approve change orders modifying
or altering the purchase orders in an amount not to exceed $10,000 in each year
of the agreement. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS, bids for grounds maintenance equipment are solicited by the
State of Michigan and the City of Midland is authorized to make purchases from
this program; and
WHEREAS, sufficient funding for the purchase of three utility vehicles,
two front mowers, two rotary mowers, a bunker rake and a sprayer is included in
the 2008-09 Equipment Revolving Fund for Capital Outlay - Equipment as
replacements for existing equipment; now therefore
RESOLVED,
that the Purchasing Agent is authorized to issue purchase orders to the State
of Michigan’s selected vendors, Bader and Sons of St. Louis, Michigan in the
amount of $53,052.88, and Spartan Distributors of Sparta, Michigan in the
amount of $128,269.03, for the purchase of the aforementioned equipment, all in
accordance with the State of Michigan Extended Purchasing Program proposal and
specifications. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag 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 2008 Sidewalk
Replacement Program, Bid No. 3127; and
WHEREAS, funding for this project in the amount of $40,000 is included
in the 2008-09 Fiscal Year General Fund budget for Sidewalk Maintenance,
“Contracted Sidewalk Construction”; now therefore
RESOLVED, that the Purchasing Agent is authorized to issue a purchase
order to Steve Krotzer Contracting of Midland, Michigan, not to exceed the
amount of $40,000 for sidewalk replacement work to take place between July 1 -
December 31, 2008, in accordance with the proposal and city specifications; and
RESOLVED FURTHER, that the City
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
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. on Monday, August 11, 2008, in
the Council Chambers of City Hall on the proposal to amend the 2008/09 Landfill
Fund budget to increase appropriations by $84,553.00 from working capital to
expand the scope of the Type III cell Hydrogeologic study in accordance with a
request made by the Michigan Department of Environmental Quality. (Motion ADOPTED.)
Being
no further business the meeting adjourned at 8:15 p.m.
______________________________________
Selina Tisdale, City