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 |
Approval
of the minutes of the September 21, 2009 regular meeting was offered by
Councilman McKeag and seconded by Councilman Adams. (Motion ADOPTED.)
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.
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)
No
public comments were made.
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.)
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.)
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.)
The
following resolution was offered by Councilman McKeag and seconded by
Councilman Adams:
RESOLVED,
that regular meetings of the Midland
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.)
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.)
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.)
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.)
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.)
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