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.

 

MINUTES

Approval of the minutes of the July 21, 2008 regular meeting was offered by Councilman McKeag and seconded by Councilman Rokosz.  (Motion ADOPTED.)

 

2008 GOLDENWOOD DRIVE STREET CLOSURE

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.)

 

GOLDENWOOD DRIVE STREET IMPROVEMENT SPECIAL ASSESSMENT ROLL

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.)

 

CONDITIONAL USE PERMIT NO. 30

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 Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

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.)

 

CONDITIONAL USE PERMIT NO. 31

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 Planning Commission has submitted its recommendation of approval, in accord with Section 28.02(B) of the Zoning Ordinance of the City of Midland; now therefore

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.

 

2008-09 LANDFILL FUND BUDGET AMENDMENT

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.)

 

PURCHASE OF REAL PROPERTY - LANDFILL

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.)

 

2008-09 LANDFILL FUND BUDGET AMENDMENT

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.)

 

TYPE III LANDFILL CELL HYDROGEOLOGICAL STUDY

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.)

 

PUBLIC COMMENTS

No public comments were made.

 

SEWERS AND SEWAGE DISPOSAL ORDINANCE

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.)

 

CDBG SUBRECIPIENT AGREEMENTS

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.)

 

CORRIDOR IMPROVEMENT AUTHORITY APPOINTMENTS

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.)

 

WEST MAIN STREET HISTORIC DISTRICT COMMISSION APPOINTMENT

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.)

 

ARTFUL DODGER BREWING COMPANY – LIQUOR LICENSE

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

 

RESOLVED that the request to  ARTFUL DODGER BREWING COMPANY

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.)

 

MHS ATHLETIC BOOSTER CLUB – USE OF LAWN AREA REQUEST

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:

  • Pedestrian or vehicular vision must not be obstructed.
  • Under Section 16.17 of the city’s Code of Ordinances, it is unlawful to post handbills on or to any public or private structure, tree or pole in the city.  It is also unlawful to place handbills in or upon any vehicle.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

DIRTY DOG 5K TRAIL RUN REQUEST

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 Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

GRANT OF LICENSE AGREEMENT FOR PARKING LOT (LALONDE’S)

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.)

 

WASHINGTON WOODS EAST ROOF REPLACEMENT

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 Washington Woods; and

WHEREAS, funding for this project is provided by the Washington Woods Fund;

now therefore


RESOLVED, that the low sealed proposal submitted by Brandle Roofing and Sheetmetal Company of Midland for the East roof replacement at Washington Woods in the amount of $76,583.00 is hereby accepted and the Purchasing Agent is authorized to issue a purchase order.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE – JULY 22

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.)

 

UNLEADED FUEL PURCHASE – JULY 17

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.)

 

PURCHASE OF LIGHT DUTY VEHICLES & POLICE PATROL CARS

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.)

 

PURCHASE OF ELECTRONIC ONLINE SERVICES & MATERIALS FOR LIBRARY

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.)

 

PURCHASE OF ELECTRONIC ONLINE SERVICES & STAFF TRAINING FOR LIBRARY

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.)

 

PURCHASE OF SERVICES FOR LIBRARY

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.)

 

AMENDMENT TO AUDIT ENGAGEMENT LETTER

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.)

 

2008 SUGNET ROAD RECONSTRUCTION; CONTRACT NO. 5

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.)

 

2008 ROCKWELL DRIVE RECONSTRUCTION; CONTRACT NO. 9

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.)

 

MDOT CONTRACT NO. 2008-0421 - AWOS AT AIRPORT

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.)

 

MDOT CONTRACT NO. 2008-0419 – MAINTENANCE OF AWOS AT AIRPORT

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 Clerk