November 28, 2005

 

A regular meeting of the City Council was held on Monday, November 28, 2005, 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:

Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

Thomas Adams, James Myers

 

MINUTES

Approval of the minutes of the November 14, 2005 regular and November 21, 2005 special meetings was offered by Councilman Rokosz and seconded by Councilman McKeag.  (Motion ADOPTED.)

 

FIRE FIGHTER OF THE YEAR AWARD

Midland Fire Chief Leonardo Garcia introduced Lieutenant Stephen R. Kissinger, recipient of the Midland Exchange Club’s 2005 Esther and Carl Gerstacker Fire Fighter of the Year Award.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Midland Fire Department Lieutenant Stephen R. Kissinger is hereby     recognized for being selected by the Midland Exchange Club as their 2005 Esther and Carl Gerstacker Fire Fighter of the Year recipient.  (Motion ADOPTED.)

 

APOTHECARY SHOPPE PHARMACIES - IFT

City Assessor Reid Duford presented information on an Industrial Facilities Tax Exemption Certificate for the Apothecary Shoppe Pharmacies.  A public hearing opened at 7:13 p.m.  Scott Walker, Interim Director of Midland Tomorrow spoke in support of the tax abatement.  Kevin Roeder, from the Apothecary Shoppe Pharmacies, LLC, spoke regarding the Apothecary Shoppe facility.  The public hearing closed at 7:22 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, the Apothecary Industrial Development District No. 1 was established by resolution of the Midland City Council on June 27, 2005; and          

WHEREAS, the Apothecary Shoppe Pharmacies made an application dated October 7, 2005, which was received by the City Clerk on October 14, 2005, for an Industrial Facilities Tax Exemption certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the total project cost of $120,436.41, relating to the purchase of personal property located at 304 West Wackerly Street and is intended to equip a state-of-the art facility used specifically for pharmaceutical grade compounding, with the same being located within the Apothecary Industrial Development District No. 1, and being expected to retain two existing jobs at the facility and create twenty new jobs within two years of project completion; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on November 28, 2005, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the proposed facility is located within an industrial development district and/or plant rehabilitation district that was duly established within the City of Midland with the City of Midland being eligible under said statute to establish such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities tax exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established industrial development district and/or plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment  or produce energy in the community; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by the Apothecary Shoppe Pharmacies considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an Industrial Facilities Tax Exemption certificate from the Apothecary Shoppe Pharmacies for a new facility approval within the Industrial Development District and/or Plant Rehabilitation District be and the same is hereby approved for a period of 12 years with an ending date of December 30, 2018; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and the Apothecary Shoppe Pharmacies pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

No public comments were made.

 

DOW CHEMCIAL – STREET VACATION REQUEST (ELLSWORTH, HALEY, & MILL)

Assistant City Manager Jon Lynch introduced a request from The Dow Chemical Company that the City vacate portions of East Ellsworth Street, Haley Street, and Mill Street.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz: 

 

WHEREAS, the Dow Chemical Company, Michigan Operations has recommended vacation of East Ellsworth Street from State Street to Haley Street, vacation of Haley Street from East Ellsworth Street to Buttles Street and vacation of Mill Street from East Ellsworth Street to Buttles Street; and

WHEREAS, such vacation must be done in accord with Section 23-87 of the Code of Ordinances; now therefore

RESOLVED, that in accord with Section 23-87 of the Code of Ordinances the request to vacate East Ellsworth Street from State Street to Haley Street, vacate Haley Street from East Ellsworth Street to Buttles Street and vacate Mill Street from East Ellsworth Street to Buttles Street is hereby referred to the Planning Commission, the City Engineer and other City departments as determined by the City Manager, for their report and recommendation.  (Motion ADOPTED.)

 

OPPOSITION TO HOUSE BILLS 5294, 5295, & 5296

Assistant City Manager Jon Lynch introduced a resolution urging Representative John Moolenaar to oppose House Bills 5294-96.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

WHEREAS, House Bills 5294, 5295, and 5296 would amend the city/village, county and township zoning acts to restrict efforts by local units to address zoning violations; and

WHEREAS, the Michigan Municipal League cites these bills as examples of further erosion of self-determination at the local level; and

WHEREAS, the City of Midland wishes to retain latitude and discretion in enforcing local zoning violations; now therefore

RESOLVED, that the Midland City Council hereby encourages State Representative John Moolenaar to oppose adoption of these bills; and

RESOLVED FURTHER, that the City Clerk is hereby authorized and directed to send a certified copy of this resolution to State Representative John Moolenaar.  (Motion ADOPTED.)

 

2006-07 BUDGET PREPARATION SCHEDULE

Fiscal Services Director David Keenan presented an overview of the 2006-07 Budget Preparation Schedule.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the attached budget preparation schedule for the 2006-07 fiscal year is hereby received; and

RESOLVED FURTHER, that said budget preparation schedule shall be filed for public examination in the City Clerk’s office and at the Grace A. Dow Memorial Library; and

RESOLVED FURTHER, that the City Manager shall set a special meeting of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, January 16, 2006, for the purpose of reviewing the proposed Engineering Priorities Listing and receiving public input on the listing; and

RESOLVED FURTHER, that the City Manager shall set special meetings of the City Council at 7:00 p.m. in the Council Chambers of City Hall on Monday, April 17, 2006 and on Monday, May 1, 2006 for the purpose of budget review and public input on the budget; and

RESOLVED FURTHER, that a preliminary public hearing shall be conducted at 7:00 p.m., Monday, April 24, 2006, in the Council Chambers of City Hall, on the proposed 2006-07 budget; and

RESOLVED FURTHER, 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, May 8, 2006, in the Council Chambers of City Hall on the proposed 2006-07 budget.  (Motion ADOPTED.)

 

WATER METER & ACCESSORIES - PURCHASE

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

 

WHEREAS, the City’s Water Distribution Department periodically purchases brass meters of various sizes, with associated accessories to measure customer water usage; and

WHEREAS, water meters and accessories (Bid No. 2777) were last bid and approved by Council on July 17, 2004, and Etna Supply Company of Grand Rapids, Michigan was approved to supply meters and accessories for one year; and

WHEREAS, to replenish our meter inventory Etna has agreed to extend the previously bid prices for a one-time purchase of up to $25,000 for meters and associated accessories; and

WHEREAS, prices of raw materials has continued to rise and staff believes that making these purchases at previously bid prices is in the best interest of the City; and

WHEREAS, funding for meters and accessories is provided through Inventory Account #591-0000-091.13-31; now therefore

RESOLVED, that the previously bid prices (Bid No. 2777) submitted by Etna Supply Company of Grand Rapids, Michigan, and approved by Council on July 17, 2004, have been extended for a one-time purchase for water meters and accessories, and a purchase order is hereby authorized in an amount not to exceed $25,000.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:49 p.m.

 

 

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            Selina Tisdale, City Clerk