CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

JANUARY 15, 2007

 

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, January 15, 2007 at 5 p.m. in the Municipal Complex Council Chambers.

 

The Honorable George W. Krah called the meeting to order and led the pledge of allegiance to the flag.

 

PRESENT:       Mayor Krah;

Council Members Fernstrum, Hudon, Jasper, Mick, Organ, Pintarelli, and Sorensen

ABSENT:         Council Member Schloegel (excused)

 

PRESENT:  8                ABSENT:  1

 

A motion was made by Council Member Jasper and seconded by Council Member Sorensen to excuse Council Member Schloegel from the meeting.  This motion was carried unanimously.

 

 

A motion was made by Council Member Fernstrum and seconded by Council Member Organ to approve the amended agenda for the meeting dated January 15, 2007.  This motion was carried unanimously.

 

 

There being no additions or corrections to the minutes of the regular meeting of December 16, 2006, the minutes stood approved as presented.

 

 

PUBLIC HEARING:

 

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on proposed amendments to M.O.C. 1:3.1 – Compensation of Officers.

 

No one was heard.

 

A motion was made by Council Member Jasper and seconded by Council Member Fernstrum to close the public hearing.  This motion was carried unanimously.

 

 

PUBLIC COMMENT:

 

Mayor Krah opened the public comment session called for the purpose of hearing citizen comments on agenda items only.

 

Mark Allgeyer, 2212 Bark River, spoke concerning the rezoning request for 1001-56th Avenue.  He asked Council to overturn the Planning Commission’s decision as he disagrees with the denial.  When asked by Council Member Organ if he had a buyer for the property, Mr. Allgeyer said he did not.

 

A motion was made by Council Member Sorensen and seconded by Council Member Hudon to close the public comment session.  This motion was carried unanimously.

Regular Council Proceedings

January 15, 2007

Page Two

 

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they reviewed the claims for December 2006 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

 

            General Fund in the amount of $545,624.23         River Park Fund in the amount of $2,800.35

 

S/FINANCE COMMITTEE

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they had reviewed the audit for the fiscal year that ended June 30, 2006 as prepared by Kerber, Rose and Associates and they recommended that the audit for the fiscal year ended June 30, 2006 be accepted and the financial statements be published as required.

 

S/FINANCE COMMITTEE

 

A motion was made by Council Member Organ and seconded by Council Member Sorensen to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they have reviewed the need to eliminate the Cemetery Fund deficit in the amount of $3,846 and they recommended that $4,000 be transferred from the General Fund to the Cemetery Fund to address the issue.

 

S/FINANCE COMMITTEE

 

A motion was made by Council Member Organ and seconded by Council Member Sorensen to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they had reviewed amendments to the 2006-2007 Operating Budget and they recommended that the following amounts be approved:

 

Police Department:

101-301-702                  Wages                                      $ (  35,380.)

101-301-705                  Workers Comp                             (       550.)

101-301-706                  Medical Insurance                        (  13,000.)

                                                                                    $ (  48,930.)      Expense Reduction


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January 15, 2007

Page Three

 

 

 

Fire Department:

101-336-702                  Wages                                      $ (  18,257.)

101-336-705                  Workers Comp                             (       390.)

101-336-706                  Medical Insurance                        (  30,260.)

                                                                                    $ (  48,907.)      Expense Reduction

 

101-521-970                  Capital Outlay                           $ (  30,101.)      Expense Reduction

101-890-956                  Contingencies Misc.                  $ (  50,000.)      Expense Reduction

101-0.0-675.756            Contributions-Spies Field            $ (164,415.)       Revenue Reduction

 

S/FINANCE COMMITTEE

 

A motion was made by Council Member Organ and seconded by Council Member Sorensen to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they had reviewed a library millage referendum and they recommended to City Council that they proceed with placing this question on the ballot for the May 8, 2007 election.

 

S/FINANCE COMMITTEE

 

A motion was made by Council Member Sorensen and seconded by Council Member Mick to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Parks and Recreation/Buildings and Grounds Committee reported that they had reviewed the rates for River Park Campground and they recommended that Policy P-91-3, River Park Rates, be amended to include the following:

 

 

 

2006

 

2007

 

2008

FULL HOOKUP

    Monthly

    Daily

    Weekly

$395

$  27

$182

$405

$  27

$185

$410

$  28

$190

OVERFLOW

    Camper on overflow

    Tent on overflow

 

$  25

$  20

 

$  25

$  20

 

$  26

$  20

 

S/PARKS AND RECREATION/BUILDINGS AND GROUNDS COMMITTEE

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to adopt the foregoing report.  This motion was carried unanimously.


Regular Council Proceedings

January 15, 2007

Page Four

 

 

 

COMMITTEE REPORT:

 

The Public Safety/Public Works Committee reported that they had reviewed Pay Estimate #5 and Final in the amount of $33,413.92 and Contract Modification #6 decreasing the contract amount by $10,030.08 to Barley Trucking and Excavating, Inc. for Contract 06-RD-01, 2006 Road Project and they recommended that they be approved.

 

S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE

 

A motion was made by Council Member Fernstrum and seconded by Council Member Mick to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Public Safety/Public Works Committee reported that they had reviewed Pay Estimate #3 and Final in the amount of $28,099.99 and Change Order #2 increasing the contract amount by $6,179.24 to Barley Excavating, Inc. for Contract 06-RD-06, Storm Sewer Construction 10th Street, 16th Avenue, and 18th Avenue and they recommended that they be approved.

 

S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE

 

A motion was made by Council Member Fernstrum and seconded by Council Member Jasper to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Special Projects/Community Relations Committee reported that they had reviewed submitting an application for “Preserve America Community” designation and they recommended adopting the following resolution to apply for this:

 

Resolution to Accompany Application for

Preserve America Community Designation

 

WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and

 

WHEREAS, the goals of this initiative include a greater shared knowledge about our Nation's past, strengthened regional identities and local pride, increased local participation in preserving the country's irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and

 

WHEREAS, this initiative is compatible with our community's interests and goals related to historic preservation; and

 

WHEREAS, designation as a Preserve America Community will improve our community's ability to protect and promote its historical resources; now therefore be it


Regular Council Proceedings

January 5, 2007

Page Five

 

 

RESOLVED, that the City of Menominee will apply for the designation of Menominee as a Preserve America Community; and be it further

 

RESOLVED, that Menominee City Council will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs.

 

S/SPECIAL PROJECTS/COMMUNITY RELATIONS COMMITTEE

 

A motion was made by Council Member Jasper and seconded by Council Member Mick to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Planning Commission reported that they had held a public hearing on the request from Mark Allgeyer to rezone the property at 1001-56th Avenue from M-2 (Industrial) to C-1 (Commercial) (this property is legally described as: Part of the NE ½ SE ¼  Sec 22 T32N R27W Industrial Park Lot 3 of Certified Survey 713), that no comments were heard, that the findings of fact on this request were completed as follows:

 

11.1.1340          Findings of Fact Required.

 

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full, along with its resulting recommendations for the proper disposition of the petition to the City Council. The facts to be expressly considered by the planning commission shall include, but shall not be limited to, the following:

 

(1)        What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning?

                        None.

 

(2)        What, if any, error in judgment, procedure or administration was made in the original ordinance which justifies the petitioned change in zoning?

                        None.

 

(3)        What is the precedent and the possible effects of such precedent which might result from the approval or denial of the petition?

                        Approval could produce future rezoning requests.  Denial – none.

 

(4)        What is the impact of the amendment on the ability of the city and other governmental agencies to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved?

                        Nothing required.

 

(5)        Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property?

                        No.

 

(6)        Does the petitioned zoning change generally comply with the adopted Menominee General Plan?

                        No.


Regular Council Proceedings

January 15, 2007

Page Six

 

 

 

(7)        Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: (1) Surface water drainage problems (2) Wastewater disposal problems (3) Adverse effect on surface or subsurface water quality (4) The loss of valuable natural resources (such as forest, wetlands, historic sites, wildlife or mineral deposits)

                        N/A (no).

 

and they further reported that after consideration of the above points, the Commission found that the proposed rezoning did not conform to the Master Plan and their motion to recommend to the city council that they approve rezoning the property located at 1001-56th Avenue from M-1 to C-1 failed to carry.

 

S/PLANNING COMMISSION

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to refer this back to the Planning Commission for clarification on their recommendation.

 

AYES:  Hudon, Jasper, Krah, Mick, Organ, Pintarelli, Sorensen, and Fernstrum

NAYS: None

 

This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Parks and Recreation/Buildings and Grounds Committee reported that they had reviewed construction of the Spies Field donor wall and they recommended that due to the fact that Menominee Granite Company is donating a considerable amount of labor for this project, the requirement to seek bids on the project be waived, to approve the design for the donor wall, and to approve the expenditure of funds to complete the project, with costs not to exceed $7,500.

 

S/PARKS AND RECREATION/BUILDINGS AND GROUNDS COMMITTEE

 

A motion was made by Council Member Hudon and seconded by Council Member Fernstrum to adopt the foregoing report.  This motion was carried unanimously.

 

 

MOTIONS AND RESOLUTIONS:

 

The first item under motions and resolutions was the following ordinance amending M.O.C. 1:3.1:

 

TITLE   1:      ADMINISTRATION

CHAP.  3:       OFFICERS                                                                                                               1:3.1

1:3.1    COMPENSATION OF OFFICERS.

 

(2)        ASSESSOR.

            Compensation for the office of assessor of the city shall be $43,918.00 per year commencing July 1, 2005 $44,928.00 per year commencing July 1, 2006.


Regular Council Proceedings

January 15, 2007

Page Seven

 

 

 

 (3)       CLERK/TREASURER.

            Compensation for the office of clerk/treasurer of the city shall be $46,654.00 per year commencing July 1, 2005 $47,727.00 per year commencing July 1, 2006.

(5)        CITY ATTORNEY.

            Compensation for the office of city attorney shall be $53,491.00 per year commencing July 1, 2005 $54,721.00 per year commencing July 1, 2006.

 (6)       CITY ENGINEER

            Compensation for the office of city engineer shall be $61,525.00 per year commencing July 1, 2005 $62,940.00 per year commencing July 1, 2006.

(8)        DIRECTOR OF POLICE/FIRE SERVICES.

            Compensation for the office of director of police/fire services shall be $59,047.00 per year commencing July 1, 2005 $60,405.00 per year commencing July 1, 2006.

 (9)       BUILDING INSPECTOR.

            Compensation for the office of building inspector shall be $43,298.00 per year commencing July 1, 2005 $44,294.00 per year commencing July 1, 2006.

(10)      DIRECTOR OF PUBLIC WORKS.

            Compensation for the office of director of public works shall be $50,613.00 per year commencing July 1, 2005 $51,777.00 per year commencing July 1, 2006.

(11)      LIBRARY DIRECTOR.

            Compensation for the office of library director shall be $44,768.00 per year commencing July 1, 2005 $45,798.00 per year commencing July 1, 2006.

(12)      RECREATION DIRECTOR.

            Compensation for the office of recreation director shall be $41,005.00 per year commencing July 1, 2005 $41,948.00 per year commencing July 1, 2006.

 

A motion was made by Council Member Jasper to approve one-half of the proposed increase.  This motion died due to the lack of a second.

 

A motion was made by Council Member Mick and seconded by Council Member Sorensen to adopt the amended ordinance.

 

AYES:  Krah, Mick, Organ, Pintarelli, Sorensen, Fernstrum, and Hudon

NAYS: Jasper

 

This motion was carried.

 

 

The following resolution was considered next:

 

RESOLUTION

 

 

RESOLVED, the following location is designated as the polling place for all of the four wards in the City of Menominee for the February Election to be held Tuesday, February 27, 2007:

 

Menominee High School Cafeteria

2101-18th Street


Regular Council Proceedings

January 15, 2007

Page Eight

 

 

 

and that the Election Board consist of Chairperson and up to five (5) inspectors for each ward and that the rate of pay be $9.50 per hour for Chairpersons and $8.75 per hour for inspectors and the janitors at the school be paid $9.00;

 

RESOLVED FURTHER, that all election personnel be paid $15.00 for attending the Election School and $10.00 for attending the Election Session for Chairpersons preceding the election;

 

RESOLVED FURTHER, that the polling place be open from 7 a.m. to 8 p.m., Local Time, on said day.

 

A motion was made by Council Member Fernstrum and seconded by Council Member Jasper to adopt the foregoing ordinance.  This motion was carried unanimously.

 

 

The following resolution was considered next:

 

RESOLUTION

 

 

At a regular meeting of the Menominee City Council called to order by Mayor George W. Krah on January 15, 2007 at 5 p.m. the following resolution was offered:

 

Moved by Council Member Mick and supported by Council Member Jasper that the request to transfer ownership of 2003 Class C licensed business with dance-entertainment permit, located in escrow at 1624 Thirteenth, Menominee, MI 49858, Menominee County, from Colleen V. Paris; Darrell R. Dettmann, Trustee to First Street Holdings, LLC; and transfer location to 709-715 First, Menominee, MI 49858, Menominee County (Step 2) be considered for approval.

 

It is the consensus of this legislative body that the application be recommended for issuance.

 

A motion was made by Council Member Mick and seconded by Council Member Jasper to adopt the foregoing resolution.  This motion was carried unanimously.

 

 

The following resolution was the next agenda item:

 

                                                                  RESOLUTION

 

 

I HEREBY CERTIFY, that I am the duly sworn appointed City Clerk/Treasurer of the City of Menominee and keeper of the records and corporate seal of said city and that the following is a true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said city held in accordance with the City Charter of said city at its offices at City Hall on the 15th day of January, 2007.

 

BE IT RESOLVED, that Thomas F. DeNike, City Clerk/Treasurer, be and is hereby designated a depository of this city and that funds so deposited may be withdrawn upon a check, draft, note or order of the city.

 

BE IT FURTHER RESOLVED, that all checks, drafts, notes or orders drawn against said accounts be signed by two (2) of the following as specified:


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January 15, 2007

Page Nine

 

 

 

TWO SIGNATURES REQUIRED                           STEPHENSON NATIONAL BANK AND TRUST

ACCOUNT TITLES:                                                                             NUMBERS

General Fund                                                                                          0410000074

City of Menominee Insurance Escrow                                                      0425003720

Police Officer/Firefighter Retirement System                                            10340

Police Officer/Firefighter Excess Benefits                                                10350

 

NAME:                                                                                                  TITLE:

George W. Krah                                                                                     Mayor

Eric A. Strahl                                                                                         City Manager

Thomas F. DeNike                                                                                 City Clerk/Treasurer

Laura Copeland                                                                                      Head Cashier

 

whose signatures shall be duly certified to said bank, and that checks, notes or orders so drawn against said bank shall be void unless so signed.

 

BE IT FURTHER RESOLVED, that said bank is hereby directed and authorized to honor and pay any checks, drafts, notes or orders so drawn, whether such checks, drafts, notes or orders, or any of such person in their individual capacities or not, whether such checks, drafts, notes or orders are deposited to the individual credit of the person so signing and/or countersigning said checks, drafts, notes or orders, or to the individual credit of any of the other officers or not.  This resolution shall continue in force and said bank may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth in the Certificate of the City Clerk, accompanying a copy of this resolution when delivered to said bank or in any similar subsequent certificate, until written notice to the contrary is duly served on said bank.

 

IN WITNESS WHEREOF, I have hereunto affixed my name as Thomas F. DeNike, City Clerk/Treasurer and have caused the corporate seal of said city to be hereunto affixed this _____ day of January, 2007.

 

Thomas F. DeNike, City Clerk/Treasurer

 

A motion was made by Council Member Fernstrum and seconded by Council Member Sorensen to adopt the foregoing resolution.  This motion was carried unanimously.

 

 

The final resolution on the agenda was the following:

 

RESOLUTION

 

 

At a regular meeting of the Menominee City Council called to order by Mayor George W. Krah on January 15, 2007 at 5 p.m.

 

The following resolution was offered:


Regular Council Proceedings

January 15, 2007