December 16, 2002

 

A regular meeting of the City Council was held on Monday, December 16, 2002, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Black presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Council members present:

Drummond Black, Mary Currie, Daryl Griggs, Hollis McKeag

Council members absent:

Marty Wazbinski (excused)

 

Minutes

Approval of the minutes of the December 9, 2002 regular meeting was offered by Council Member Currie and seconded by Council Member McKeag.  (Motion adopted.)

 

Site Plan No. 221

Mayor Black requested to abstain from voting on this agenda item because he represents the seller of the property.  Council unanimously agreed to the abstention and the gavel was handed to Council Member McKeag.  Jon Lynch, Director of Planning and Community Development, presented information on Site Plan No. 221 for Central Warehouse.  The following resolution was then offered by Council Member Griggs and seconded by Council Member Currie:

 

WHEREAS, the City Council has received the recommendation of the City Planning Commission for approval of Site Plan No. 221, the request of Wolgast Corporation for Central Warehouse for a 54,825 square foot warehouse located at 2520 Schuette Road on 9.7 acres; and

WHEREAS, the City Council has reviewed the proposed Site Plan No. 221 in accord with the provisions set forth in Sections 25.3 and 25.4 of the Zoning Ordinance of the City of Midland; now therefore

RESOLVED, that the City Council does hereby approve Site Plan No. 221, contingent upon the following:

1.         Site lighting shall not cast illumination off site.

2.         Storm water retention plans are reviewed and approved by the City of Midland Engineering Department.

(Motion adopted.)

 

The gavel was returned to Mayor Black.

 

Corrective Action Consent Order between MDEQ and The Dow Chemical Company

Noel Bush, Director of Utilities, presented information on the City of Midland filing a petition to intervene in the lawsuit against the Michigan Department of Environmental Quality on the matter of the Corrective Action Consent Order between the MDEQ and The Dow Chemical Company.  Melissa Whitney, 4224 Partridge Lane, spoke on the dioxin levels in Midland, the need to put people’s health first and the need to inform the public.  Donna Mallonee, 5908 Partridge Lane; Bill Egerer, 2912 Camberley Lane; and Rodney Nelson, 1109 Evamar Drive; spoke in support of council’s intervention in the lawsuit.  John Popp, property owner on Austin Street, spoke on the value of his property.  The following resolution was offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, on December 9, 2002 the City Council directed the City Manager to prepare a report and recommendation on the matter of the City of Midland intervening in the administrative proceeding with the Michigan Department of Environmental Quality (MDEQ) regarding the Corrective Action Consent Order between the MDEQ and The Dow Chemical Company; and

WHEREAS, it is the opinion of the City Council that the Comprehensive Dioxin Exposure and Health Effects Study required by the Consent Order is of utmost importance to the Midland community; and

WHEREAS, the Ecology Center, the Lone Tree Council, the Tittabawassee River Watch, Clean Water Action, PIRGIM, the Citizens for Alternatives to Chemical Contamination, and eleven citizens have filed a lawsuit against the MDEQ on the matter of the Corrective Action Consent Order between the MDEQ and The Dow Chemical Company; and

WHEREAS, it is the City Council’s responsibility to represent the citizens of Midland in these matters to balance the position of the above mentioned interveners; now therefore

RESOLVED, that based upon the recommendation of the City Administration, the City Attorney is hereby authorized and directed to take the necessary steps to file a petition for the City of Midland to intervene in the lawsuit filed against the MDEQ on the matter of the Corrective Action Consent Order between the MDEQ and The Dow Chemical Company.  (Motion adopted.)

 

Proposed Amendments - Historic District Guidelines & Standards for Review

Jon Lynch, Director of Planning and Community Development, presented information on a Staff Report to the City Manager regarding the West Main Street Historic District.  The following resolution was then offered by Council Member Currie and seconded by Council Member Griggs:

 

WHEREAS, in April of 2001 sixteen individuals representing twelve of twenty-four properties within the West Main Street Historic District signed a petition seeking repeal of Article 7 of Chapter 5 of the Midland Code of Ordinances which establishes the District; and

WHEREAS, on October 29, 2001 the Midland City Council conducted a joint meeting with the West Main Street Historic District Commission and the petition requesting repeal was formally discussed, and

WHEREAS, on June 17, 2002 the Midland City Council conducted a second special meeting with the West Main Street Historic District Commission to further discuss issues surrounding repeal of the ordinance, and

WHEREAS, on August 26, 2002 the Midland City Council directed the City Manager, or his appointee, to prepare for consideration and adoption by the City Council amendments to the West Main Street Historic District Ordinance to expand exempt classes of work, amendments to the West Main Street Historic District Guidelines and Standards for Review to include exempt classes of work, and a new checklist application form; now therefore

RESOLVED, that the City Council hereby accepts for filing a Staff Report to the City Manager dated November 27, 2002 and directs the West Main Street Historic District Commission to review the proposed amendments of the West Main Street Historic District Guidelines and Standards for Review dated December 12, 2002 and provide comments to the City Manager by March 1, 2003;

RESOLVED FURTHER, that the City Council hereby schedules a public hearing regarding this matter on March 10, 2003 and directs staff to cause notice of said public hearing to be mailed to each owner of property within the West Main Street Historic District.  (Motion adopted.)

 

Site Plan No. 198 – Time Extension

The following resolution was offered by Council Member Currie and seconded by Council Member McKeag:

 

WHEREAS, the City Council has received a request from Jerome Schafer for a one-year time extension approval for Site Plan No. 198, the request of Mark Rapanos for site plan review and approval of Whisper Ridge East, a residential site condominium development of 16 building sites on 4.9 acres north of North Saginaw Road and east of Russell Street; and

WHEREAS, the current approval expires January 29, 2003; and

WHEREAS, the City Council has reviewed the request for the time extension of Site Plan No. 198 for Whisper Ridge East; now therefore

RESOLVED, that the City Council does hereby approve the one-year time extension until January 29, 2004, for Whisper Ridge East.  (Motion adopted.)

 

PUBLIC COMMENTS

No comments were made.

 

Purchase – MCTV Video Equipment

Ron Beacom, MCTV Administrative Assistant, presented information on a request to purchase digital video equipment.  Larry Pillepich, 3602 McKeith, spoke on the use of funds in the Cable Communication budget.  The following resolution was then offered by Council Member McKeag and seconded by Council Member Currie:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of digital video equipment, switchers, and cablecast system, Bid No. 2637; and

WHEREAS, funding for the video graphics system is included in the 2002-2003 Cable Communications Fund budget for Capital Outlay, Equipment; now therefore

RESOLVED, that the sealed bid for Bid No. 2637 submitted by Roscor Corporation of Mt. Prospect, Illinois for the digital video equipment in the amount of  $104,711 and by Swiderski Electronics of Itasca, Illinois for the video switcher and cablecast system in the amount of $33,816 is hereby accepted and the necessary purchase orders authorized.  (Motion adopted.)

 

Being no further business the meeting adjourned at 8:28 p.m.

 

 

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            Sandy Marshall, Deputy City Clerk