October 27, 2008

 

A regular meeting of the City Council was held on Monday, October 27, 2008, 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, Bruce Johnson, Hollis McKeag, Joseph Rokosz

Councilmen absent:

Maureen Donker

 

MINUTES

Approval of the minutes of the October 13, 2008 regular meeting was offered by Councilman Rokosz and seconded by Councilman Adams.  (Motion ADOPTED.)

 

MCTV AWARDS – PHILO T. FARNSWORTH REGIONAL VIDEO CONTEST

Midland Community Television Director Ron Beacom presented a report on awards presented to MCTV in the Philo T. Farnsworth Regional Video Contest.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that Midland City Council hereby recognizes and congratulates Midland Community Television on receiving two first place honors in the Philo T. Farnsworth Regional Video Contest.  (Motion ADOPTED.)

 

DOW CHEMICAL AND DOW AGROSCIENCES, LLC IFT APPLICATIONS

City Assessor Reid Duford presented information on requests from The Dow Chemical Company and Dow AgroSciences, LLC for Industrial Facilities Tax Exemption Certificates.  Chuck Thomas, Site Logistics Leader for Dow Michigan Operations, spoke regarding both projects.  A public hearing opened on both projects at 7:21 p.m.  Scott Walker, Midland Tomorrow Executive Director, spoke in favor of granting both IFT certificates.  The public hearing closed at 7:23 p.m.  

 

THE DOW CHEMICAL COMPANY – IFT APPLICATION

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

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated October 6, 2008, which was received by the City Clerk on October 7, 2008, for an Industrial Facilities 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 a total project cost of $4,500,000, which consists entirely of new personal property with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, to convert an existing polystyrene train to produce an alternate foam feed stock by making modifications to existing equipment and installing new equipment and instrumentation; 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 October 27, 2008, 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 a 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 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 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 Dow Chemical Company 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 Exemption certificate from The Dow Chemical Company for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

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

 

DOW AGROSCIENCES – IFT APPLICATION

A separate public hearing was held on the Dow Agrosciences, LLC request.  The public hearing opened at 7:24 p.m. Apart from the earlier comments made under the previous public hearing, no further comments were made and the hearing closed at 7:24 p.m.  The following resolution was then offered by Councilman Adams and seconded by Councilman Rokosz:

 

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, Dow AgroSciences, LLC made an application dated October 6, 2008, which was received by the City Clerk on October 7, 2008, for an Industrial Facilities 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 a total project cost of $7,700,000, which consists entirely of new personal property with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1, and being intended to utilize the currently idled Building 1 at Michigan Operations for the production of agricultural herbicide products by installing all necessary process instrumentation, piping and equipment for production; 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 October 27, 2008, 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 a 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 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 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 Dow AgroSciences, LLC 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 Exemption certificate from Dow AgroSciences, LLC for a new facility approval within the Plant Rehabilitation District be and the same is hereby approved for a period of 12 years “after completion”; and

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

 

2008-09 BUDGET AMENDMENTS FOR GOLDENWOOD STREET CLOSURE PROJECT

Fiscal Services Director David Keenan presented an amendment to the 2008-09 Special Assessment Revolving Loan Fund and Local Street Fund budgets to provide budgetary authorization for the Goldenwood Drive closure project.  A public hearing opened at 7:31 p.m., recognizing no public comments, the hearing closed at 7:31 p.m.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Adams:

 

WHEREAS, in accord with Sections 5.11, 11.4, and 11.6 of the Charter of the City of Midland, and after having given proper legal notice, and having conducted a public hearing Monday, October 27, 2008, on the proposal to amend the 2008-09 Special Assessment Revolving Loan Fund and Local Street Fund budgets to provide budgetary authorization for the Goldenwood Street Drive Closure Project; now therefore

RESOLVED, that the 2008-09 Special Assessment Revolving Loan Fund be amended to increase expenditures by $6,000 to provide sufficient funding to transfer $56,000 to the Local Street Fund, and that the Local Street Fund budget be amended to increase revenues by $58,000 to recognize the incoming $56,000 transfer from the Special Assessment Revolving Loan Fund, as well as $2,000 in outside contributions, and increase expenditures by $58,000 to recognize the construction cost for the Goldenwood Street Drive Closure Project.  (Motion ADOPTED.)

 

WARRANTY DEED FOR GOLDENWOOD STREET CLOSURE PROJECT

Assistant City Engineer Bradd Maki presented a warranty deed for corporation from Ronald and Sandra Haughton for additional right-of-way required to construct a cul-de-sac at the end of Goldenwood Drive for the Goldenwood Drive closure project.  A public hearing opened at 7:37 p.m., recognizing no public comments, the hearing closed at 7:37 p.m. The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, that the attached Warranty Deed For Corporation from Ronald S. and Sandra S. Haughton to the City of Midland, for the additional right-of-way required to construct a cul-de-sac at the end of Goldenwood Drive, in Section 6, T. 14 N., R. 2 E., is hereby accepted and that the Warranty Deed For Corporation is ordered recorded; and

RESOLVED FURTHER, that said right-of-way shall be used for public street purposes.  (Motion ADOPTED.)

 

PUBLIC COMMENTS

Bud Geisert, 3706 Applewood, spoke regarding his concerns for Midland’s lack of reliable power sources as demonstrated in a recent power outage.  Ingeborg Geisert, 3706 Applewood, also spoke on power outage concerns.

 

ENHANCED ACCESS TO PUBLIC RECORDS – ORDINANCE AMENDMENT (1st reading)

Geographic Information Systems Manager Tony Foisy presented information on amendments to Chapter 7 and Article XII, Section 21-60 of Chapter 21 of the Code of Ordinances regarding Enhanced Access to Public Record and GIS Fees. Introduction and first reading of the following ordinance amending Chapter 7 – Enhanced Access to Public Records was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING CHAPTER  SEVEN THEREOF.

The City of Midland Ordains:

Section 1.        Chapter 7 is hereby amended to read as follows:

ENHANCED ACCESS TO PUBLIC RECORDS

Sec. 7-1.         Purpose.  The purpose of this chapter is to establish a policy for enhanced access to public records in accordance with Act 462 of 1996 of the Public Acts of the State of Michigan.

Sec. 7-2.         Definitions.  The following definitions shall apply to this chapter.

a.    “Enhanced access” means a public record’s immediate availability for public inspection, purchase, or copying by digital means.  Enhanced access does not include the transfer of ownership of a public record.

b.    “Geographic information system (GIS)” means an informational unit or network capable of producing customized maps based on a digital representation of geographical data.

c.    “Operating expenses” includes, but is not limited to, the city’s direct cost of creating, compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form available for enhanced access, including the cost of computer hardware and software, system development, employee time, and the actual cost of supplying the information or record in the form requested by the purchaser.

d.    “Person” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232.

e.    “Public record” means that term as defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232.

f.     “Reasonable fee” means a charge calculated to enable the city to recover over time only those expenses directly related to the city’s provision of enhanced access.

g.    “ Software” means a set of statements or instructions that when incorporated in a machine-usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result.

h.    “Third party” means a person who requests a geographical information system or output from a geographical information system.  However, a third party does not include a person for whom a fee authorized under this ordinance is waived in accordance with an intergovernmental agreement described in Section 7-3.

Sec. 7-3.         Policy.  The City Manager may provide enhanced access for the inspection, copying, or purchasing of a public record that is not confidential or otherwise exempt by law from disclosure.  Subject to Section 7-4, a fee shall be charged in accordance with Section 21-160 for providing enhanced access and for providing access to either the City’s geographic information system or the output from the City’s geographic information system.  Notwithstanding the foregoing, the City Manager may provide another public body, without charging a fee to that public body, if the access to or output from the geographic information system is provided in accordance with a written agreement that contains all of the following:

a.    A statement specifying that the public body receiving access to or output from the geographic information system without charge is prohibited from providing access to the geographic information system output to a third party unless that public body does both of the following:

                                                          i.    Collects from the third party a fee described in Section 21-160, or waives that fee in accordance with the written terms of the intergovernmental agreement.

                                                         ii.    Conveys to the City that portion of any fee collected that is attributable to the operating expenses of the City from the geographic information system to the third party.

b.    A statement specifying the public purpose for which access to or output from the City’s geographic information system is being provided.

c.    A statement specifying the portion of any fee collected under Section 21-160 and collected from a third party that the receiving public body shall convey to the City.

Sec. 7-4.         Charges related to a public body for enhanced access.  A public body that receives access to or output from the City’s geographic information system under an intergovernmental agreement described in Section 7-3 may collect from a third party to whom it provides access to the output from the City’s geographic information system a reasonable fee that includes both of the following:

a.    An amount that enables the City to recover over time its operating expenses directly related to providing access to output from its system to a third party.

b.    An amount that enables the receiving public body to recover over time its operating expenses directly related to providing to a third party access to our output from its system.

Section 2.        This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

GEOGRAPHIC INFORMATION SYSTEMS (GIS) DATA FEES – ORDINANCE AMENDMENT

Introduction and first reading of the following ordinance amendment was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

ORDINANCE NO. _______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF MIDLAND, MICHIGAN, BY AMENDING ARTICLE XII OF CHAPTER 21 THEREOF.

The City of Midland Ordains:

Section 1.        Article XII Section 21-160 of Chapter 21 is hereby amended to read as follows:

GEOGRAPHIC INFORMATION SYSTEMS (GIS) DATA FEES

Sec. 21-160.   GIS DATA FEES

Fees for GIS data by the City of Midland shall be:

 

GIS Data

Cost/Entire City

Cost/Unit

Updates

1.

Pictometry (oblique imagery)

$25,000.00

N/A

N/A

2.

Aerial Photography

$3,500.00

$90/mi2

N/A

3.

Parcels

$1,500.00

$2/parcel

$150.00

4.

Parcels w/data

$3,000.00

$3/parcel

$300.00

5.

Road Centerline

$1,500.00

$3/segment

$300.00

6.

Address Points

$1,500.00

$3/point

$300.00

7.

City Boundary

$500.00

N/A

$50.00

8.

Edge of Pavement

$500.00

N/A

$50.00

9.

Hydrology

$500.00

N/A

$50.00

10.

Building Outlines

$500.00

N/A

$50.00

11.

Transportation Lines

$500.00

N/A

$50.00

12.

Zoning

$100.00

N/A

N/A

13.

Land Use (Future and Existing)

$100.00

N/A

N/A

14.

100-Year Floodplain

$100.00

N/A

N/A

15.

Wastewater Network

$3,000.00

N/A

$300.00

16.

Stormwater Network

$3,000.00

N/A

$300.00

17.

Fire Hydrants

$1,500.00

N/A

$150.00

18.

Elevation Contours (2ft)

$3,000.00

N/A

N/A

19.

Digital Elevation Model (DEM)

$3,000.00

N/A

N/A

20.

Points of Interest

$50.00

N/A

N/A

21.

Parks

$50.00

N/A

N/A

22.

Miscellaneous Data

$50.00

N/A

N/A

23.

Tax Assessment Data

$1,500.00

N/A

$500.00

24.

Address Data

$1,500.00

N/A

$500.00

25.

Master Street Address Guide (MSAG)

$1,500.00

N/A

$500.00

Section 2.        This ordinance shall take effect upon publication.  (Motion ADOPTED.  Considered first reading.)

 

CURRIE PARKWAY LIQUOR LICENSE

Assistant City Manager Jack Duso presented a request from the City of Midland for a new Resort Economic Development Class C License to be located at 1300 Currie Parkway.  The following resolution was then offered by Councilman McKeag and seconded by Councilman Rokosz:

 

RESOLVED, the City Manager is hereby authorized to execute any and all documents required by the Michigan Liquor Control Commission; and

RESOLVED FURTHER, the City Clerk is hereby authorized and directed to insert the City Manager’s name and execute Form LC-4031 (Authorization Resolution) provided by the Liquor Control Commission.  (Motion ADOPTED.  Yeas:  Johnson, McKeag, Rokosz  Nays:  Adams)

 

CURRIE PARKWAY LIQUOR LICENSE (fees, insurance & Park Rules amendment)

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

 

WHEREAS, the City has received notification that on October 1, 2008 the Liquor Control Commission issued its order granting a new Resort Class C Liquor License to the Currie Golf Course Complex; and

WHEREAS, a $20,100 license fee must be paid to the State of Michigan in order to obtain said license; and

WHEREAS, certain modifications to the Currie West Clubhouse and Currie East Clubhouse are necessary for the refrigeration and inventory storage of alcoholic beverages as well as amendments to City of Midland policies regarding consumption of alcohol in city parks; now therefore

RESOLVED, the City Manager is hereby authorized to:

·       pay the $20,100 license fee to the State of Michigan,

·       expend the necessary funds to modify both clubhouses,

·       purchase the necessary liability insurance,

·       and prepare the necessary amendment to the City of Midland Parks Rules consistent with the Liquor Control Act; and

RESOLVED FURTHER, the City Attorney is hereby directed to prepare the necessary ordinance to prohibit the possession and consumption of non-golf course purchased alcohol at Currie Municipal Golf Course.  (Motion ADOPTED.  Yeas:  Johnson, McKeag, Rokosz  Nays:  Adams)

 

2008 BUDGET ROUNDTABLE PROCESS FUNDING

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

 

WHEREAS, the City of Midland has contracted the services of Kezziah Watkins in association with the 2008 budget roundtable process; and

WHEREAS, the funding for costs associated with the 2008 budget roundtables was encumbered from the 2007-08 budget into the 2008-09 budget on October 13, 2008, and is currently available in the Tax Appeal Defense department of the 2008-09 General Fund budget; and

WHEREAS, all costs related to the 2008 budgetary roundtables will be accounted for in the City Manager department of the 2008-09 General Fund budget; and

WHEREAS, a budget transfer is necessary to move the available funding from the Tax Appeal Defense department to the City Manager department within the 2008-09 General Fund budget and because these two departments are located within separate functions of the General Fund budget, transferring funds between functions requires City Council approval; now therefore

RESOLVED, City Council authorizes a budget transfer to move $53,000 from the Tax Appeal Defense department budget to the City Manager department budget of the 2008-09 General Fund budget to provide funding for the 2008 budget roundtable process.  (Motion ADOPTED.)

 

DOW GARDENS – FIREWORK DISPLAY REQUEST

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

 

RESOLVED, that the request from Jim Malek, on behalf of Marty McGuire, Managing Director of Dow Gardens, to conduct a fireworks display at Dow Gardens to highlight the 25th anniversary of their luminary walk on Saturday, December 13, 2008, is hereby approved subject to meeting the following requirements:

  • All NFPA 1123 requirements must be met.
  • If there is no snow or damp vegetation at the time of the event and conditions are dry, a Fire Engine Company will be required to be placed on site.

; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner.  (Motion ADOPTED.)

 

LEGAL SERVICES  - MICHIGAN ELECTRIC TRANSMISSION CO. TAX APPEAL

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

 

WHEREAS, the Michigan Electric Transmission Company (METC) filed an appeal with the State Tax Commission (STC) stating that they had erroneously over-reported their personal property for the 2005 and 2006 tax years; and

WHEREAS, METC amended their 2007 and 2008 filings to reflect this allegation, however, the City of Midland did not accept these amended filings and instead estimated the assessments and taxable values of the property; and

WHEREAS, METC subsequently appealed the 2007 and 2008 tax years to the Michigan Tax Tribunal (MTT); and

WHEREAS, these matters are now pending before both the STC and the MTT; and

WHEREAS, the legal firm of Braun Kendrick Finkbeiner has been retained in assisting the City of Midland in its defense of said appeal; and

WHEREAS, the cost of said services is expected to exceed $20,000 and therefore approval of the City Council is required under Section 2-18 of the Code of Ordinances; and

WHEREAS, sufficient budgetary funding exists within the 2008-2009 Legal Fees budget for general tax appeal cases; now therefore

RESOLVED, that the above-referenced services are hereby determined to be professional services within the meaning of Section 2-19 of the Code of Ordinances and do not require sealed proposals; and

RESOLVED FURTHER, that authorization for payment to the legal firm of Braun Kendrick Finkbeiner for their assistance in connection with the aforementioned appeal is hereby authorized in an amount not to exceed $75,000.  (Motion ADOPTED.)

 

LANDFILL WHEEL LOADER – THREE YEAR LEASE

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

 

WHEREAS, the Landfill utilizes two articulated wheel loaders in its daily operations, one primarily in the active fill cell, and one for site ground maintenance and composting; and

WHEREAS, the Landfill is at the end of its three-year lease of one of two Komatsu WA 380-5 wheel loaders; and

WHEREAS, through the cooperative State of Michigan bid process, staff has solidified an annual lease price of $52,092.97 for a three-year lease ($156,278.91 total lease) of a John Deere 644K wheel loader from the JDE Equipment Company (JDE), of Traverse City; and

WHEREAS, staff has examined the specifications and believes the John Deere 644K wheel loader unit offered by JDE to be suitable for the Landfill’s intended purposes; and

WHEREAS, the 2008/09 Landfill budget contains the necessary funding for the first year lease payment of $52,092.97 in account #517-8110-811.94-11 - Equipment Rental, while funding for subsequent fiscal years will be requested in those budgets; now therefore

RESOLVED, that the low compliant bid obtained from the cooperative State of Michigan bid process from JDE Equipment Company, of Traverse City, in the amount of $52,092.97 per year for a three-year lease ($156,278.91 total lease) of one John Deere 644K wheel loader at the City of Midland Landfill is accepted, and a purchase order for annual lease payments is hereby authorized. (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

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

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 12,500 gallons of diesel fuel from Hirschman Oil of Reese, Michigan for $30,062.50 executed by the Purchasing Agent on October 17, 2008, is hereby approved.  (Motion ADOPTED.)

 

CATCH BASIN CASTINGS & RELATED MATERIAL

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

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Catch Basin Castings, Bid No. 3152; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the proposal meeting City specifications submitted by East Jordan Iron Works, Inc. of Sunfield, Michigan for furnishing catch basin castings and related materials at the unit prices contained in their October 14, 2008 response to our Bid No. 3152 is hereby accepted; and

RESOLVED FURTHER, that the City Purchasing Agent is authorized to issue a purchase order not to exceed $36,000 in accord with this resolution, the proposal selected and City specifications.  (Motion ADOPTED.)

 

PAYMENT TO PART D ADVISORS

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

 

WHEREAS, the City has received $181,299.25 from the Medicare Part D Prescription Drug Program subsidy as a result of the Medicare Modernization Act; and

WHEREAS, the City engaged the services of Part D Advisors of Plymouth, Michigan to complete the subsidy application for the City for a fee of 30% of the subsidy received; and

WHEREAS, Part D Advisors provides expertise in the Medicare subsidy process and provides great efficiency to maximize the City’s subsidy; and

WHEREAS, the subsidy funds have been received and deposited in the Health Insurance Internal Service Fund; now therefore

RESOLVED, that the Director of Fiscal Services is authorized to issue payment to Part D Advisors in the amount of $54,389.78 which equals 30% of the $181,299.25 subsidy received for the July 2006 plan year.  (Motion ADOPTED.)

 

MIDLAND EQUITIES, LLC INDUSTRIAL DEVELOPMENT DISTRICT REQUEST

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

 

WHEREAS, Midland Equities, LLC by means of a letter dated October 13, 2008, which was received by the City Clerk on October 14, 2008, has requested the establishment of an Industrial Development District as described in said communication under the scope of Act 198 of the Michigan Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, the decision on whether to establish such a district as a condition precedent to industrial development assistance through property tax incentives rests with the City Council acting in accord with the criteria and procedures contained in Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended; and

WHEREAS, prior to such action by the City Council, a public hearing shall have been held as required by Section 4(4) of said Act; now therefore

RESOLVED, that a public hearing will be held before the City Council on November 10, 2008 at 7:00 p.m. in the Council Chambers at City Hall, 333 West Ellsworth, for the purpose of hearing any resident or taxpayer, including the petitioner, regarding the establishment of an Industrial Development District as described in records on file with the City Clerk, and the City Clerk shall give written notice by certified mail to the owners of all real property within the proposed Industrial Development District.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 8:53 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk