August
11, 2008
A
regular meeting of the City Council was held on Monday, August 11, 2008, at
7:00 p.m. in the Council Chambers of City Hall.
Mayor Pro Tem Adams presided. The
Pledge of Allegiance to the Flag was recited in unison.
|
Councilmen present: |
Thomas Adams, Maureen Donker, Hollis McKeag,
Joseph Rokosz |
|
Councilmen
absent: |
Bruce
Johnson |
Welcome
and introduction of students from Midland’s Sister City, Handa, Japan.
Approval
of the minutes of the July 21, 2008 regular meeting was offered by Councilman
McKeag and seconded by Councilman Rokosz.
(Motion ADOPTED.)
City
Engineer Brian McManus presented information on the 2008 Goldenwood Drive
Street Closure. A public hearing opened
at 7:25 p.m. Lola Hess, 5105 Amberwood
Court and representing the people of Amberwood Subdivision, spoke in favor of
the closure. Rod Williamson, 4912
Amberwood, Mark Siebert, 4904 Goldenwood, Wayne Crosby, 2313 Oakfield Drive and
Ron Haughton, 4907 Goldenwood, spoke in favor of the closure. Ernie Dacho, 5007 Amberwood; Deena Donnelly,
Resident Manager of Northwind Forest Apartments; Steve Howell, 5006 Universal
Drive representing Raintree Condominium Association; and Elsa Beale, 5012
Candace Court, all spoke in opposition to the closure. David Laurett, 4917 Hedgewood, expressed his
opinion that if a closure does take place for Goldenwood then something should
also be done for Hedgewood and Universal.
Tapasi Ray, 4904 Amberwood, spoke in favor of the closure but in
opposition of the residential special assessment to finance the closure. The public hearing closed at 8:12 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Donker:
WHEREAS,
the City Council has ordered due notice of its intention to close Goldenwood
Drive and construct two cul-de-sac turnarounds and has theretofore established one special
assessment district which is to be known as the “2008 GOLDENWOOD DRIVE STREET
IMPROVEMENT SPECIAL ASSESSMENT DISTRICT” and has heretofore ordered due notice
that it would meet on the 11th day of August, 2008, for the purpose of hearing
and considering any objections or suggestions on the proposed street closure
and associated cul-de-sac turnaround construction; and
WHEREAS, the City Council has met pursuant to said notice
on said day at the time specified in said notice and has heard and considered
all objections and suggestions to the proposed street closure and associated
cul-de-sac turnaround; now therefore
RESOLVED, that the necessary plans and specifications
contained in the City Manager’s report of July 14, 2008, on file in the office
of the City Clerk be and the same hereby are approved; and
RESOLVED FURTHER, that a special assessment district for
the purpose of the street closure and associated construction of cul-de-sac
turnarounds be and hereby is approved to be known as the “2008 GOLDENWOOD DRIVE
STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”; and
RESOLVED
FURTHER, that said district comprises and includes twenty-nine (29) lots within
Amberwood Subdivision (lots 10 and 11 are excluded), on an equal per unit basis
as determined by the City Assessor; and
RESOLVED FURTHER, that the detailed estimate of cost of
said improvements in said district is hereby approved in the amount of
fifty-six thousand dollars ($56,000); and
RESOLVED FURTHER, that the cost and expense of said
improvement shall be borne and paid by
special assessment on all lands and premises in said Special Assessment
District as heretofore established and approved; and
RESOLVED FURTHER, that the Council hereby determines that
the street closure and cul-de-sac turnaround construction are necessary public
improvements, conducive to the public health and general welfare of the people
of the City of Midland, and that the City Council proceed to construct said
improvements in accordance with the plans and specifications, adopted for the
same, and in accordance with the resolutions heretofore adopted by the Council
in regard to said proposed street closure improvements; and
RESOLVED FURTHER, that the City Assessor of said City be
and hereby is directed to prepare and report to the City Council a Special
Assessment Roll, for said “2008 GOLDENWOOD DRIVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT”, as
heretofore established by the Council, and to assess and levy upon the several
lots and premises remaining in said district, said sums of money in proportion
to the estimated benefits resulting thereto from said improvement, computed as
near as practicable on a per lot basis. (Motion ADOPTED.)
City Assessor Reid Duford presented a resolution
accepting the Special Assessment Roll for the 2008 Goldenwood Drive Street
Improvement Special Assessment District and setting a public hearing on said
roll. The following resolution was then
offered by Councilman McKeag and seconded by Councilman Donker:
WHEREAS,
pursuant to the direction of the City Council, the City Assessor of said City
of Midland has prepared and reported to the City Council the Assessment Roll
covering and containing the proposed Special Assessments assessed and levied,
respectively in the “2008 GOLDENWOOD DRIVE STREET IMPROVEMENT SPECIAL
ASSESSMENT DISTRICT” as heretofore established for the proposed Street
Improvement in said district, as designated in Resolutions heretofore adopted
by the City Council; now therefore
RESOLVED,
that the said Roll be accepted by the City Council and that it be filed in the
office of the City Clerk for public examination, and that the City Clerk be and
is hereby directed to give notice pursuant to the Ordinance that the Assessment
Roll has been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Midland will meet at the
Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the
twenty-fifth day of August, 2008, to review said Special Assessment Roll at
which time and place, opportunity will be given to all persons interested to be
heard; and
RESOLVED
FURTHER, that the City Clerk give notice of said hearing by causing a copy of
this Resolution to be published once in the Midland Daily News at least ten
days prior to the date of the twenty-fifth day of August, 2008, and that the
City Clerk also give notice of said hearing by letter to each property owner
subject to Special Assessment by reason of said improvement, the addresses of
said property owners to be taken from the latest Tax Assessment Roll in the
City Assessor’s Office in accordance with Act 162 of the Public Acts of
Michigan of 1962. (Motion ADOPTED.)
Director of Planning and Community Development Keith
Baker presented Conditional Use Permit No. 30 – a request by Joan Dukarski for
a group child day care in a Residential A-1 zoning district at 809 E. Sugnet
Road on 0.25 acres. A public hearing
opened at 8:36 p.m. Petitioner Joan Dukarski, 809 E. Sugnet Road, spoke in
favor of the permit. Marie Johns,
daughter of the petitioner, also spoke in favor of the permit. The public hearing closed at 8:38 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Rokosz:
WHEREAS,
Joan Dukarski submitted a request for a conditional use permit review and
approval for a group child day care in a Residential A-1 Zoning District at 809
East Sugnet Road on 0.25 acres; and
WHEREAS,
the City Planning Commission has conducted a public hearing in accord with
Section 28.02(A) of the Zoning Ordinance of the City of Midland on said
conditional use; and
WHEREAS,
the
RESOLVED,
that the City Council finds the request for the conditional use permit to be in
accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and
hereby approves Conditional Use Permit No. 30, in accord with documents
provided and submitted at the meeting of July 14, 2008, contingent upon the
following:
1. That no on-premises
signs be permitted.
2. That the
hours of operation not extend past 6:00 p.m. Monday through Friday.
3. That no
exterior or interior alterations to the building be permitted that would
otherwise change the character or nature of the dwelling as a residential use.
4. That no
more than one additional non-resident adult employee be present
at any given time.
(Motion ADOPTED.)
Director of Planning and Community Development Keith
Baker presented Conditional Use Permit No. 31 – a request of Midland Country
Club for a new clubhouse, pool and cabana building in a Residential A-1 zoning
district at 1120 W. St. Andrews Road on 116.14 acres. A public hearing opened
at 8:53 p.m. Fred Eddy, Project Manager for Midland Country Club, spoke
regarding the project and the conditional use permit. Tom Feige, 1009 W. St.
Andrews, expressed his concerns regarding lighting for the new construction
spilling into neighboring properties.
The public hearing closed at 9:11 p.m. The following resolution was then offered by
Councilman McKeag and seconded by Councilman Donker:
WHEREAS,
Midland Country Club submitted a request for a conditional use permit review
and approval for the construction of a new clubhouse and pool in a Residential
A-1 Zoning District at 1120 West St. Andrews Road on 116.14 acres; and
WHEREAS,
the City Planning Commission has conducted a public hearing in accord with
Section 28.02(A) of the Zoning Ordinance of the City of Midland on said
conditional use; and
WHEREAS,
the
RESOLVED,
that the City Council finds the request for the conditional use permit to be in
accord with Section 28.03 of the Zoning Ordinance of the City of Midland, and
hereby approves Conditional Use Permit No. 31, in accord with documents
provided and submitted at the meeting of July 14, 2008, contingent upon the
following:
1. The
stormwater detention system is designed and constructed in accordance with the
City of Midland Engineering Department specifications.
2. All
landscaping shall comply with Article 6 of the Zoning Ordinance and a detailed
parking lot landscaping plan shall be submitted.
3. All
exterior lighting shall comply with Section 3.12 of the Zoning Ordinance and a
photometric grid shall be provided to prove compliance.
4. All
exterior signage shall comply with Article 8 of the Zoning Ordinance.
5. All
parking spaces shall comply with Section 5.01D of the Zoning Ordinance and be
delineated by the “box” style striping.
6. All roof
top and ground mounted mechanical equipment shall be screened in accordance
with 6.02(e)2 of the Zoning Ordinance.
7. Existing
shared off-street parking agreements shall be maintained to provide excess
event parking.
8. The
clubhouse building height shall not exceed 28 feet unless a variance is granted
from the Zoning Board of Appeals.
9. All entry
canopies shall maintain a minimum canopy under clearance of 14 feet.
10. A public
water main maintenance easement shall be created for the city to access and
maintain this public utility.
11. The
location, access and flow of the proposed fire hydrants shall be in accordance
with the City of Midland Fire Department specifications.
12. No
additional sidewalks need to be included.
(Motion ADOPTED.)
City Council recessed from 9:15 p.m. until 9:22 p.m.
Utilities Director Noel Bush presented an amendment to
the 2008-09 Landfill Fund budget to increase appropriations by $50,000 for the
purchase of real property at 4594 E. Wheeler Road. A public hearing opened at 9:25 p.m.,
recognizing no public comments, the hearing closed at 9:25 p.m. The following resolution was then offered by
Councilman Rokosz and seconded by Councilman McKeag:
WHEREAS,
in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of
Midland, and after having given proper legal notice, and having conducted a
public hearing Monday, August 11, 2008, on the proposal to amend the 2008/09
Landfill Fund budget to increase appropriations by $50,000.00 from working
capital to provide sufficient funding to purchase the real property located at
4594 E. Wheeler Road; now therefore
RESOLVED,
that the proposal to amend the 2008/09 Landfill Fund budget, increasing
appropriations by $50,000.00 from working capital, is
hereby approved. (Motion ADOPTED.)
Utilities Director Noel Bush presented a resolution
authorizing the purchase of real property.
The following resolution was then offered by Councilman McKeag and
seconded by Councilman Rokosz:
WHEREAS,
this past spring, the Estate of Bonnie Jean Bryan, c/o Personal Representative
Cynthia A. Pail, offered to sell its property located at 4594 E. Wheeler Road
(Township of Midland) to the Landfill for a purchase price of $150,000.00; and
WHEREAS,
funding in the amount of $100,000.00 has been budgeted in the 2008/09 Landfill
Budget account #517-9120-912.97-10 for the purchase of real property, while the
remaining funding is to be provided by a budget amendment in the amount of
$50,000.00; now therefore
RESOLVED,
that the Mayor and City Clerk are hereby authorized to execute said purchase
agreement and the purchase is authorized in the amount of $150,000.00 for the
land and appurtenances located at 4594 E. Wheeler Road in Midland. (Motion
ADOPTED.)
Utilities
Director Noel Bush presented an amendment to the 2008-09 Landfill Budget to
increase appropriations by $84,553 to expand the scope of the Type III Landfill
Cell Hydrogeological Study. A public
hearing opened at 9:39 p.m., recognizing no public comments, the hearing closed
at 9:39 p.m. The following resolution was then offered by Councilman McKeag and
seconded by Councilman Rokosz:
WHEREAS,
in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of
Midland, and after having given proper legal notice, and having conducted a
public hearing Monday, August 11, 2008, on the proposal to amend the 2008/09
Landfill Fund budget to increase appropriations by $84,553.00 from working
capital so that funding will be made available to expand the scope of the
Hydrogeologic study in the proposed Type III expansion area at the Landfill to include an evaluation of
the geology on the existing southern portion of the site, at the request of the
Michigan Department of Environmental Quality; now therefore
RESOLVED,
that the proposal to amend the 2008/09 Landfill Fund budget, increasing
appropriations by $84,553.00 from working capital to provide funding to expand
the scope of the Type III cell Hydrogeologic study in accordance with a request
by the Michigan Department of Environmental Quality
is hereby approved. (Motion
ADOPTED.)
Utilities
Director Noel Bush presented a resolution authorizing Change Order #2 to the
existing purchase order. The following
resolution was then offered by Councilman McKeag and seconded by Councilman
Donker:
WHEREAS,
in May 2007, Council authorized CTI to commence work related to the design of
the Hydrogeologic Study for a contract amount of $190,264.00; and
WHEREAS,
in March 2008, Council authorized an increase to the existing purchase order
increase (Change #1) to CTI in the amount of $154,810.00 to develop and
implement a revised plan using the data collected and through discussions with
the Michigan Department of Environmental Quality (MDEQ), bringing the total
purchase order to $345,074.00; and
WHEREAS,
expansion of the project scope to include additional drilling and well
installations in the old areas, a detailed evaluation of the existing
Hydrogeologic monitoring plan, and a site-wide reinterpretation to develop a
new plan will cost an additional $84,553.00; and
WHEREAS,
funding in the 2008/09 Landfill account #517-9120-912.97-65 - Capital
Construction Projects is to be provided by a budget amendment in the amount of
$84,553.00, which is also being presented to Council for consideration Monday,
August 11, 2008; now therefore
RESOLVED,
that an increase of $84,553.00 to the existing purchase order of $345,074.00 to
CTI and Associates, Inc. of Brighton,
bringing the total purchase order to $429,627.00, to expand the scope of the
Hydrogeologic study in the proposed Type III expansion area at the Landfill to include an evaluation of
the geology on the existing southern portion of the site, at the request of the
MDEQ is hereby approved. (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. Second
reading of the following ordinance amendment was then offered by Councilman
McKeag and seconded by Councilman Donker:
ORDINANCE
NO. 1665
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. (Ordinance ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the 2008-09 Community Development Block Grant budget provides funds to Midland
Area Homes, the Council on Domestic Violence and Sexual Assault (Shelterhouse),
Cleveland Manor, Safe & Sound Child Advocacy Center, Washington Woods, Safe
Haven Outreach Center, West Midland Family Center, MITECH+, Inc., and the ARC
of Midland for the purpose of providing specific services to low- and
moderate-income individuals and families; and
WHEREAS,
the conditions for providing such funds require entering into a Subrecipient
Agreement with these organizations to ensure the provision of these services to
low- and moderate-income households; now therefore
RESOLVED,
that the Mayor and City Clerk are authorized to execute said agreements on
behalf of the City. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that in accord with Act 280 of PA 2005, the Corridor Improvement Authority Act,
the City Council confirms the following appointments to the Corridor
Improvement Authority, effective immediately, with terms expiring as indicated:
Joe Kozuch – Owner, term expires June 30, 2012
Jerry Deming – Owner, term expires June 30, 2011
Gregory Adkins – Owner, term expires June 30, 2009
David Ginis – Owner, term expires June 30, 2009
Clinton Struthers – Resident, term
expires June 30, 2010
Clifford Miles – Citizen at large, term expires June 30,
2010
(Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED, that Sandra
Jones is hereby appointed to the West Main Street Historic District Commission
to fill an unexpired term to expire June 30, 2011. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
NOTE: AMENDED TO INCLUDE REQUEST FOR A NEW
DANCE-ENTERTAINMENT PERMIT IN CONJUNCTION.
IN
ADDITION TO PROIR APPROVAL ALREADY GRANTED AS PER ATTACHED COPY OF RESOLUTION
ADOPTED ON JUNE 23, 2008 be considered for approval.
It is
the consensus of this legislative body that the application be: Recommended for issuance. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
RESOLVED,
that the request from the Midland High School Athletic Booster Club to use the
lawn area outside of the Farmers Market area during the hours of the Farmers
Market on Saturdays from August 30 through October 11, 2008, for the purpose of
selling tickets to their 19th annual Fall Harvest Dinner, is hereby
approved subject to the following conditions:
;
and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
Section 11, B (5) of the City of Midland parks Rules and Regulations states,
“No permit shall be issued for a mass audience event at which an admission
would be charged, without first obtaining a written permit from City Council.”;
now therefore
RESOLVED,
that the request from Shelley Park, Vice President, SOS Animal Rescue Group,
seeking permission to charge a fee to entrants participating in their Dirty Dog
5K Trail Run in City Forest on Saturday, October 11, 2008, from approximately
9:00 a.m. – 12:00 noon, with all proceeds benefitting SOS Animal Rescue Group
is hereby approved; and
RESOLVED
FURTHER, that the
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
LaLonde’s has requested a grant of license that will provide for use and
placement of a cooler located in a jointly owned city parking lot located
adjacent to the LaLonde’s at 4007 Jefferson Avenue; and
WHEREAS,
the City of Midland and LaLonde’s jointly agree to use the city parking lot
located adjacent to LaLonde’s; now therefore
RESOLVED,
that the attached Grant of License agreement from the City of Midland to LaLonde’s,
for use of the city parking lot for the placement of a cooler, is hereby
accepted and that the license agreement is ordered recorded; and
RESOLVED
FURTHER, that the Mayor and City Clerk are hereby authorized to sign said
licensing agreement document. (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 the East roof replacement at
WHEREAS,
funding for this project is provided by the
now
therefore
RESOLVED,
that the low sealed proposal submitted by Brandle Roofing and Sheetmetal
Company of Midland for the East roof replacement at
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
the volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 12,428 gallons of diesel fuel from Hirschman Oil
of Reese, Michigan for $46,381.30 executed by the Purchasing Agent on July 22,
2008, is hereby approved. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
City Council adopted a resolution on December 17, 2007 that allows the
Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel
exceeding $20,000, and seek approval for the purchase at the next City Council
meeting; and
WHEREAS,
the volatility of the fuel market does not allow for staff to follow the usual
sealed bid process for purchases exceeding $20,000; and
WHEREAS,
staff instead uses a competitive bid process whereby fuel vendors fax in prices
that are valid for a particular day with the bid awarded to the lowest priced
vendor; now therefore
RESOLVED,
that the requirements for sealed proposals for the purchase of fuel are waived
due to the volatility of the fuel market; and
RESOLVED
FURTHER, that the purchase of 13,153 gallons of unleaded fuel from Karbowski
Oil of Bay City, Michigan for $42,602.57 executed by the Purchasing Agent on
July 17, 2008, is hereby approved.
(Motion ADOPTED.)
Director
of Public Services Karen Murphy presented a request for the purchase of light
duty vehicles and police patrol cars.
The following resolution was offered by Councilman McKeag and seconded
by Councilman Rokosz:
WHEREAS,
bids for automobiles and light duty vehicles 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 police patrol cars, mid-sized pickup
trucks, full-sized pickup trucks, vans, and a utility vehicle is included in
the 2008-09 Equipment Revolving Fund budget for Capital Outlay, Vehicles and
the 2008-09 Wastewater Fund Capital Outlay, Vehicles; now therefore
RESOLVED,
that the Purchasing Agent is authorized to issue purchase orders to the State
of Michigan’s selected vendors, Snethkamp Dodge of Lansing, Michigan, in the
amount of
$174,558.70
for the purchase of two police patrol cars, two supervisor pickup trucks, two
4x4 pickup trucks with front plows, one utility vehicle, and one crew cab
pickup truck; and Red Holman GMC of Westland, Michigan, in the amount of
$92,713.00 for the purchase of one ½ ton pickup truck and four vans, 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,
Gale of Farmington Hills, MI is the sole vendor of the electronic online
services and materials that are necessary in the provision of library services;
and
WHEREAS,
funding is available in the 2008/2009 Grace A. Dow Memorial Library budget; now
therefore
RESOLVED,
that the City Council hereby determines that sealed bids are impractical, and
in accordance with Section 2-18 of the Code of Ordinances, the requirement for
sealed proposals is hereby waived and the purchase of electronic online services
and materials from Gale is hereby approved in an amount not to exceed $50,000
and the necessary purchase order authorized.
(Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Michigan Library Consortium is the sole vendor of group licensing of
selected electronic online services, and staff training not available through
other organizations; and
WHEREAS,
funding is available in the 2008/2009 Grace A. Dow Memorial Library budget; now
therefore
RESOLVED,
that the City Council hereby determines that sealed bids are impractical, and
in accordance with Section 2-18 of the Code of Ordinances, the requirement for
sealed proposals is hereby waived and the purchase of electronic online
services and staff training from the Michigan Library Consortium is hereby
approved in an amount not to exceed $50,000 and the necessary purchase order
authorized. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the Mideastern Michigan Library Cooperative provides a necessary and valuable
service to the library; and
WHEREAS,
said services are not offered through other organizations; and
WHEREAS,
funding for these services is provided in the 2008/2009 Grace A. Dow Memorial
Library budget; now therefore
RESOLVED,
that the requirement for competitive bids is hereby waived in accordance with
Section 2-18 of the Code of Ordinances for services from the Mideastern
Michigan Library Cooperative for the Grace A. Dow Memorial Library, is approved
in an amount not to exceed $35,000 and the necessary purchase order authorized. (Motion ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
the City of Midland has contracted with Plante and Moran to conduct its annual
financial and compliance audit for the year ended June 30, 2008; and
WHEREAS,
it is expected that the annual financial and compliance audit will require more
time from Plante and Moran due to the release of eight new auditing standards,
increased levels of federal assistance received by the City’s Dial-A-Ride
Transportation Fund, and additional procedures resulting from the separation of
the Civic Arena operations from the General Fund into a separate fund; and
WHEREAS,
there is sufficient funding in the General Fund’s Reserve for Contingencies expenditure line item to pay the
additional charges; now therefore
RESOLVED,
that the audit engagement letter with Plante and Moran for the year ended June
30, 2008, be amended to authorize the payment of $11,500 in fees for additional
auditing procedures as required by new auditing standards, single audit
requirements, and additional procedures resulting from the separation of the
Civic Arena operations from the General Fund into a separate fund. (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 reconstruction and resurfacing of Sugnet Road from
Eastman Avenue to Saginaw Road; and
WHEREAS,
funding for this project is provided by the Major Street Fund; now therefore
RESOLVED,
that the low sealed proposal submitted by Pyramid Paving Company, Inc. of
Essexville, Michigan, for the "2008 Sugnet Road Reconstruction; Contract
No. 5", in the indicated amount of $265,774.00, 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 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 the reconstruction of Rockwell Drive from Fisher Road to
1100 feet north; and
WHEREAS,
funding for this project is provided by the Local Street Fund and a payment
received from the Midland County Board of Commissioners; now therefore
RESOLVED,
that the low sealed proposal submitted by McGuirk Sand & Gravel, Inc. of
Mt. Pleasant, Michigan, for the "2008 Rockwell Drive Reconstruction;
Contract No. 9", in the indicated amount of $111,532.00, 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 McKeag and seconded by
Councilman Rokosz:
WHEREAS,
on December 3, 2007, a contract between the City of Midland and the Michigan
Department of Transportation, MDOT, was approved for the installation of an
automated weather observation system, AWOS, at Jack Barstow Municipal Airport;
and
WHEREAS,
a proposed Contract No. 2008-0421 has been submitted to the City of Midland by
the Michigan Department of Transportation, MDOT, for weather data dissemination
of aviation routine weather reports from an automated weather observation
system, AWOS, at Jack Barstow Municipal Airport; and
WHEREAS,
the total estimated cost for this service is $1,500, of which the City and
State will each share 50% of the costs, or $750; and
WHEREAS,
the City cost share for this project is included in the City of Midland General
Fund airport budget; and
WHEREAS,
the City may discontinue related services by either not complying with the
contract provisions or if the City no longer wishes to participate in the
program; and
WHEREAS,
the contract will be in effect from the date of award through July 31, 2010
with the possibility of renegotiation or extension after that time at the
discretion of the Airport Manager; now therefore
RESOLVED,
that the City Council hereby approves the proposed Michigan Department of
Transportation Contract No. 2008-0421 and authorizes the Mayor and City Clerk
to execute the contract on behalf of the City of Midland, following final
approval by the City Attorney. (Motion
ADOPTED.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Rokosz:
WHEREAS,
on December 3, 2007, a contract between the City of Midland and the Michigan
Department of Transportation, MDOT, was approved for the installation of an
automated weather observation system, AWOS, at Jack Barstow Municipal Airport;
and
WHEREAS,
a proposed Contract No. 2008-0419 has been submitted to the City of Midland by
the Michigan Department of Transportation, MDOT, for required maintenance of an
automated weather observation system, AWOS, at Jack Barstow Municipal Airport;
and
WHEREAS,
the total estimated cost for maintenance is $3,842, of which the City and State
will each share 50% of the maintenance costs, or $1,921; and
WHEREAS,
the City cost share for this project is included in the City of Midland General
Fund airport budget; and
WHEREAS,
the contract will be in effect from the date of award through July 31, 2010
with the possibility of renegotiation or extension after that time at the
discretion of the Airport Manager; now therefore
RESOLVED,
that the City Council hereby approves the proposed Michigan Department of
Transportation Contract No. 2008-0419 and authorizes the Mayor and City Clerk
to execute the contract on behalf of the City of Midland, following final
approval by the City Attorney. (Motion
ADOPTED.)
Being
no further business the meeting adjourned at 10:00 p.m.
______________________________________
Selina Tisdale, City