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.
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Councilmen present: |
Bruce Johnson, Hollis McKeag, Joseph Rokosz |
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Councilmen absent: |
Thomas Adams, James Myers |
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
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
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
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
RESOLVED FURTHER, that the City
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
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