September 21, 2009

 

A regular meeting of the City Council was held on Monday, September 21, 2009, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Johnson presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, Maureen Donker, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the September 21, 2009 regular meeting was offered by Councilman McKeag and seconded by Councilman Adams.  (Motion ADOPTED.)

 

FIRE PREVENTION WEEK

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

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 4 - 10, 2009, as FIRE PREVENTION WEEK in Midland.  (Motion ADOPTED.)  Mayor Johnson presented Fire Chief Leonardo Garcia with the proclamation.

 

WALKWAY VACATION – NELSON & HELEN STREET

Planning and Community Development Director Keith Baker introduced a request to vacate the walkway between 123 and 127 W. Nelson Street and 128 and 202 Helen Street.   A public hearing opened at 7:20 p.m.  Greta Wittbrodt, 123 W. Nelson Street and John Cuthbert, 128 Helen Street, both spoke in support of the request to vacate the walkway.  The hearing closed at 7:30 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Donker:

 

WHEREAS, the Midland City Council, acting upon the request of Greta Wittbrodt, Laura Good, Christopher Malecki and Cassie and John Cuthbert for vacation of a public right-of-way between West Nelson Street and Helen Street referred the matter to the Midland City Planning Commission, the City Engineer, the Director of Utilities and the Director of Public Services for a report and recommendation; and

WHEREAS, a report has been received from the Midland Planning Commission recommending vacation of the requested right-of-way between 123 and 127 West Nelson Street and 128 and 202 Helen Street; and

WHEREAS, a response has been received from the City Engineer indicating no objection to the vacation request; a response has been received from the Director of Utilities indicating no objection to the vacation request; and a response has been received from the Director of Public Services indicating no objection to the vacation request; now therefore

RESOLVED, that the Midland City Council does hereby vacate the right-of-way between 123 and 127 West Nelson Street and 128 and 202 Helen Street thereby dividing and assigning the rights thereto to the adjoining property owners for the purpose of acting upon the request of Greta Wittbrodt, Laura Good, Christopher Malecki, and Cassie and John Cuthbert, and

RESOLVED FURTHER, that within thirty (30) days thereof, the City Clerk shall record a certified copy of this resolution with the Midland County Register of Deeds and send a copy to the State Treasurer.  (Motion ADOPTED.  Yeas:  Adams, Donker, Johnson, McKeag   Nays:  Rokosz)

 

PUBLIC COMMENTS

No public comments were made.

 

SPENCER OIL COMPANY – CUP NO. 25 & SITE PLAN TIME EXTENSION

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

 

WHEREAS, the City Council has received a request from Thom Spencer, President of Spencer Oil Company, for a one-year time extension for Conditional Use Permit No. 25 and site plan to allow a 3,494 square foot automobile filling station with a drive-up window in a Regional Commercial District at 6801 Jefferson Avenue on 1.8 acres; and

WHEREAS, the current approval of the Conditional Use Permit and Site Plan will expire on December 3, 2009; and

WHEREAS, the City Council has reviewed the request for the time extension of the Conditional Use Permit and Site Plan; now therefore

RESOLVED, that the City Council does hereby approve a one-year time extension to Spencer Oil Company effective December 3, 2009 until December 3, 2010, for Conditional Use Permit No. 25 and accompanying site plan for a 3,494 square foot automobile filling station with drive-up window at 6801 Jefferson Avenue on 1.8 acres.  (Motion ADOPTED.)

 

EASEMENT AGREEMENT FOR BELL PLAZA SITE

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

 

RESOLVED, that the attached Easement Agreement from B & L United, LLC, to the City of Midland, for public water mains on their private Bell Plaza site on Wackerly Street in Section 34, T. 15 N., R. 2 E., is hereby accepted and that the Easement Agreement is ordered recorded.  (Motion ADOPTED.)

 

REVISED SUBRECIPIENT AGREEMENT – CLEVELAND MANOR

Planning and Community Development Director Keith Baker presented information on a revision to the CDBG Subrecipient Agreement with Cleveland Manor.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, the 2009-10 Community Development Block Grant program budget allocated $45,723.00 in funds to Cleveland Manor for the installation of an emergency generator to run elevators at Cleveland Manor I in the event of a power outage; and

WHEREAS, due to federal Davis-Bacon prevailing wage rates increasing, the bid for the generator installation project is in excess of the original grant award of $45,723.00; and

WHEREAS, the conditions for providing the increase in funds requires executing a revised subrecipient agreement with Cleveland Manor for the additional amount of $14,277.00 for a new project total of $60,000.00 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.)

 

2010 CITY COUNCIL MEETING DATES

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

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2010 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

            January 11 and 25                              February 15 and 22

            March 8 and 22                                   April 12 and 26

            May 10 and 24                                    June 14 and 28

            July 12 and 26                                                August 9 and 23

            September 13 and 27                         October 11 and 25

            November 8 and 22                            December 6 and 20

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting or each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved.  (Motion ADOPTED.)

 

TRAFFIC CONTROL ORDER S-09-06

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

 

RESOLVED, that Traffic Control Order No. S-09-06 filed July 10, 2009 pursuant to Chapter 24 of the Code of Ordinances to establish traffic control as follows:

            That Goldenwood Drive shall stop for Amberwood Court; and

That Traffic Control Order S-02-10 shall be rescinded. 

is hereby made permanent.  (Motion ADOPTED.)

 

ENGINEERING ASSISTANCE FOR INDUSTRIAL PRETREATMENT PROGRAM - WWTP

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

 

WHEREAS, the State of Michigan Department of Environmental Quality, in compliance with the provisions of the Federal Water Pollution Control Act, gives authorization to discharge under the National Pollutant Discharge Elimination System (NPDES) to the City of Midland Wastewater Treatment Plant; and

WHEREAS, the City’s new NPDES discharge permit is set to take effect on October 1, 2009 and will expire on October 1, 2013; and

WHEREAS, a new provision in the permit requires the City to develop and implement an Industrial Pretreatment Program (IPP) that enables the detection and enforcement against violations of federal, state, and local standards for the protection of the wastewater treatment works, its operation, worker health and safety, and the aquatic environment; and

WHEREAS, the IPP is required under the State’s General Pretreatment Regulations for existing and New Sources of Pollution, and must be submitted on or before September 1, 2010; and

WHEREAS, the engineering firm, Fishbeck, Thompson, Carr & Huber (FTC&H) of Grand Rapids has successfully completed IPP-related projects for numerous communities throughout Michigan, and has prepared for the City a proposal of $24,500.00 to assist in the development and implementation of the state-mandated IPP; and

WHEREAS, funding for engineering assistance is budgeted in the 2009/10 Wastewater account #590-8010-801.81-99 – Misc. Contractual Services; now therefore

RESOLVED, that the proposal from Fishbeck, Thompson, Carr & Huber for professional services to provide engineering assistance to develop and implement an Industrial Pretreatment Program as required under the City’s National Pollutant Discharge Elimination System permit is hereby accepted, in accord with Sec. 2-19 of the Code of Ordinances for the City of Midland, and a purchase order is authorized in an amount not to exceed $24,500.00; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes modifying or altering the purchase order in an aggregate amount not to exceed $5,000.00.  (Motion ADOPTED.)

 

CHEMICAL FEED SYSTEM IMPROVEMENTS – WATER PLANT

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

 

WHEREAS, on Tuesday, September 1, 2009 sealed bids were received for Chemical Feed System Improvements, Bid No. 3181, in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the bids have been thoroughly reviewed by staff and the City's engineering consultant for this project, and determined that the low bid of $1,737,000.00 submitted by John E. Green, of Saginaw, be accepted in the best interest of the City; and

WHEREAS, funding for this project has been budgeted over several years and is available in the Water Fund Capital Project WP0702; now therefore

RESOLVED, that the low sealed proposal submitted by John E. Green of Saginaw for the indicated amount of $1,737,000.00, is hereby accepted; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the contract subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders modifying or altering this contract in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

PURCHASE ORDER INCREASE - GOLF COURSE CHEMICALS

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

 

RESOLVED, that an increase of $27,246.00 to an existing purchase order of $20,000.00 to Turfgrass, Inc. of South Lyon, MI for golf course chemicals is hereby authorized bringing the total amount to $47,246.00.  (Motion ADOPTED.)

 

PROPOSED 2009-10 DDA BUDGET AMENDMENT

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

 

RESOLVED, that in accord with Section 11.6 of the Charter of the City of Midland, a public hearing shall be conducted at 7:00 p.m., Monday, October 5, 2009, in the Council Chambers of City Hall on the proposal to amend the 2009-2010 Downtown Development Authority budget to appropriate $50,000 from the “fund balance” to retail incubator program expenditures, in order to fund the creation of a retail incubator program to assist in the recruitment and establishment of businesses in downtown Midland. (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:51 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk