CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

MARCH 15, 2004

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, March 15, 2004 at 5 p.m. in the Municipal Complex Council Chambers.

Deputy Mayor Donald Mick called the meeting to order and led the pledge of allegiance to the flag.

PRESENT: Council Members Fernstrum, Hudon, Jasper, Mick, Organ, Plemel, Schloegel, and Sorensen

ABSENT: Mayor Krah (excused)

PRESENT: 8 ABSENT: 1

 

A motion was made by Council Member Plemel and seconded by Council Member Jasper to excuse Mayor Krah from the meeting. This motion was carried unanimously.

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to approve the agenda for the meeting dated March 9, 2004. This motion was carried unanimously.

 

There being no additions or corrections to the minutes of the regular meeting of February 16, 2004, the minutes stood approved as presented.

 

PUBLIC HEARING:

Deputy Mayor Mick opened the public hearing that was called for the purpose of hearing citizen comments on proposed amendments to Menominee Ordinance Code 1:3.1(7) Compensation of Officers.

No one was heard.

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

 

CONDEMNATION HEARING:

The subject of the hearing was Condemnation Case CB #02-003 -- 2104-14th Avenue.

Mr. Ellery said this was a fire damaged building and requested that City Council uphold the order of the Condemnation Board.

 

Regular Council Proceedings

March 15, 2004

Page Two

 

 

PUBLIC COMMENT:

Deputy Mayor Mick opened the public comment session that was called for the purpose of hearing citizen comments on agenda items only.

Walter Multerer, 1012-38th Avenue, spoke regarding the River Park Campground and old water plant draft policies.

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Finance Committee reviewed the claims for the month of February 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $594,261.81

S/FINANCE COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Finance Committee reviewed the Third Party Administration costs and they recommended that the City Council accept the low bid of Hughes and Havinga of $1,368.00.

S/FINANCE COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Public Works Committee reviewed the need for construction standards for driveway construction and they recommended that the proposed policy be adopted and that the City proceed with revising the ordinance to include the policy information in the ordinance.

S/PUBLIC WORKS COMMITTEE

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

Regular Council Proceedings

March 15, 2004

Page Three

 

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Public Works Committee reviewed the need to update the streets in the Local Street System and they recommended that the following resolutions be adopted:

RESOLUTION FOR STREET ADDITION

39th Avenue in the Plat of Brook Hollow Estates South

At a regular meeting of the City Council of Menominee, Michigan, held in the Municipal Complex Council Chambers on March 15, 2004, the following resolution was offered by Council Member Plemel and supported by Council Member Sorensen:

WHEREAS, the City of Menominee did on the 2nd day of April, 2003 acquire title to a certain street; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Street System for the purpose of obtaining funds under Act 51, P.A. 1951, as amended;

NOW, THEREFORE, IT IS RESOLVED:

  1. That the street is described as 39th Avenue on the plat of Brook Hollow Estates South.

  2. That said street is located within a City right-of-way and is under the control of the City of Menominee.

  3. That said street is a public street and is for public street purposes.

  4. That said street is accepted into the City Local Street System.

RESOLUTION FOR STREET ADDITION

A portion of 42nd Avenue in the Plat of Walander Subdivision #2

At a regular meeting of the City Council of Menominee, Michigan, held in the Municipal Complex Council Chambers on March 15, 2004, the following resolution was offered by Council Member Plemel and supported by Council Member Sorensen:

WHEREAS, the City of Menominee did on the 16th day of February, 1971 acquire title to a certain street; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Street System for the purpose of obtaining funds under Act 51, P.A. 1951, as amended;

NOW, THEREFORE, IT IS RESOLVED:

  1. That the street is described as that portion of 42nd Avenue west of 15th Street on the plat of Walander Subdivision #2.

  2. That said street is located within a City right-of-way and is under the control of the City of Menominee.

  3. That said street is a public street and is for public street purposes.

  4. That said street is accepted into the City Local Street System.

RESOLUTION FOR STREET ADDITION

A portion of 9th Avenue in the Plat of N. Ludington Co's First Addition

At a regular meeting of the City Council of Menominee, Michigan, held in the Municipal Complex Council Chambers on March 15, 2004, the following resolution was offered by Council Member Plemel and supported by Council Member Sorensen:

Regular Council Proceedings

March 15, 2004

Page Four

 

WHEREAS, the City of Menominee did on the 23rd day of October, 1876 acquire title to a certain street; and

WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Street System for the purpose of obtaining funds under Act 51, P.A. 1951, as amended;

NOW, THEREFORE, IT IS RESOLVED:

  1. That the street is described as that portion of 9th Avenue (formerly Williams Avenue) on the plat of N. Ludington Co's First Addition beginning at 7th Street (formerly Maud Street) easterly approximately 100'.

  2. That said street is located within a City right-of-way and is under the control of the City of Menominee.

  3. That said street is a public street and is for public street purposes.

  4. That said street is accepted into the City Local Street System.

S/PUBLIC WORKS COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Public Works Committee reviewed the Michigan Department of Transportation Category A Grant Application for the reconstruction of 34th Avenue between 10th Street and 11th Street and they recommend that the City submit the grant request.

S/PUBLIC WORKS COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Public Works Committee reviewed the Michigan Department of Transportation Surface Transportation Program Small Urban Program submittals for 10th Avenue from 10th Street to 5th Street and 30th Avenue from 13th Street to 22nd Street and they recommend that the City Council approve those submissions.

S/PUBLIC WORKS COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Public Works Committee reviewed the bids for the 11th Street and 22nd Street Storm Sewer Extension and they recommend that the City Council accept the low bid from Havelka Construction in the amount of $24,895.00.

S/PUBLIC WORKS COMMITTEE

Regular Council Proceedings

March 15, 2004

Page Five

 

 

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Special Projects Committee reviewed the Adopt-A-Street project and recommended that the City Council revitalize the program via a press release and/or solicitation letter to various business/service clubs.

S/SPECIAL PROJECTS COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Parks and Recreation Committee reviewed River Park Campground Shower Facility Use Policy and recommended that the City Council adopt the policy.

S/PARKS AND RECREATION COMMITTEE

The policy was as follows:

RIVER PARK CAMPGROUND

SHOWER FACILITY USE POLICY

  1. Campground and Visitors: Use of the shower facility is included in the published campsite and visitor rates.

  2. Others: A daily charges of $4.00 is required to use the shower facility if not a camper or an overnight visitor.

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Parks and Recreation Committee reviewed the Old Water Plant Building Use Policy and recommended that the City Council adopt the policy for the lounge area.

S/PARKS AND RECREATION COMMITTEE

 

Regular Council Proceedings

March 15, 2004

Page Six

 

 

The policy was as follows:

OLD WATER PLANT BUILDING USE POLICY

The Old Water Plant Building is located within the Great Lakes Marina Park recreation area and is managed by the Marina Management Group. During the Marina season (Memorial Day to October 15), the building is open from 7:00 a.m. to 8:00 p.m. The building is open by reservation only during the same hours the remainder of the year. Reservations may be made at the Marina or by contacting the Management Group at 863-8498. Additional information can be obtained by calling the City Recreation Department at 863-1737.

  1. Meeting Room.

    2. The meeting room, with adjoining kitchen, is available for general public use all year by reservation. Room capacity is [ ] people. The cost to reserve the room is $25.00 per event plus a refundable security deposit of $25.00. The deposit will be refunded if the room is clean and undamaged at the conclusion of the event. The meeting room is available for use by transient boaters and seasonal tenants and their guests unless it has been reserved. When the room has been reserved, the group with the reservation shall have exclusive use.

  2. Lounge Area.

During the marina season the lounge area, laundry room, and shower/restrooms are available for use by transient boaters and seasonal tenants and their guests. The cost for these users is included in their dock fee. Persons who are not renting a slip may also use these facilities by paying a daily fee. The daily fee shall be the same as the 20-foot transient docking fee in effect at the time.

A motion was made by Council Member Plemel and seconded by Council Member Sorensen to adopt the foregoing report.

A motion was made by Council Member Jasper and seconded by Council Member Organ to amend the foregoing report to set a $5 per person daily charge instead of the per group transient docking fee charge.

AYES: Hudon, Jasper, and Organ

NAYS: Fernstrum, Mick, Plemel, Schloegel, and Sorensen

The motion failed to carry.

The vote on the original motion to adopt the foregoing report was recorded as follows:

AYES: Fernstrum, Mick, Plemel, Schloegel, and Sorensen

NAYS: Hudon, Jasper, and Organ

This motion was carried.

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Parks and Recreation Committee reviewed the Old Water Plant Building Use Policy and recommended that the City Council adopt the policy for the meeting room.

S/PARKS AND RECREATION COMMITTEE

Regular Council Proceedings

March 15, 2004

Page Seven

 

 

The policy was as follows:

OLD WATER PLANT BUILDING USE POLICY

The Old Water Plant Building is located within the Great Lakes Marina Park recreation area and is managed by the Marina Management Group. During the Marina season (Memorial Day to October 15), the building is open from 7:00 a.m. to 8:00 p.m. The building is open by reservation only during the same hours the remainder of the year. Reservations may be made at the Marina or by contacting the Management Group at 863-8498. Additional information can be obtained by calling the City Recreation Department at 863-1737.

  1. Meeting Room.

    2. The meeting room, with adjoining kitchen, is available for general public use all year by reservation. Room capacity is [ ] people. The cost to reserve the room is $25.00 per event plus a refundable security deposit of $25.00. The deposit will be refunded if the room is clean and undamaged at the conclusion of the event. The meeting room is available for use by transient boaters and seasonal tenants and their guests unless it has been reserved. When the room has been reserved, the group with the reservation shall have exclusive use.

  2. Lounge Area.

During the marina season the lounge area, laundry room, and shower/restrooms are available for use by transient boaters and seasonal tenants and their guests. The cost for these users is included in their dock fee. Persons who are not renting a slip may also use these facilities by paying a daily fee. The daily fee shall be the same as the 20-foot transient docking fee in effect at the time.

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

 

COMMITTEE REPORT:

At a meeting held March 8, 2004 the Parks and Recreation Committee reviewed the Rotary Club Centennial Project for 2005 proposed playground project and recommended that the City Council endorse the project and support the Rotary Club efforts.

S/PARKS AND RECREATION 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:

At a meeting held March 9, 2004 the Planning Commission reviewed the proposed plat for Circle Lane Subdivision Phase III and they recommended that the plat be approved.

S/PLANNING COMMISSION

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

Regular Council Proceedings

March 15, 2004

Page Eight

 

 

MOTIONS AND RESOLUTIONS:

A motion was made by Council Member Plemel and seconded by Council Member Jasper to uphold the order of the Condemnation Board for Case #CB02-003 (2104-14th Avenue). This motion was carried unanimously.

 

The next agenda item was the following ordinance amendment:

TITLE 1: ADMINISTRATION

CHAP. 3: OFFICERS 1:3.1

1:3.1 COMPENSATION OF OFFICERS.

(7) CITY MANAGER.

Compensation for the office of city manager shall be $60,720.00 per year commencing March 1, 2003. $62,001.00 per year commencing March 1, 2004.

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

 

The following resolution was considered next:

RESOLUTION NO. 2

CITY OF MENOMINEE, COUNTY OF MENOMINEE, MICHIGAN

SPECIAL ASSESSMENT DISTRICT FOR

14th STREET, 15th STREET, AND 42nd AVENUE RECONSTRUCTION

STREET RECONSTRUCTION PROJECT (REPORT APPROVAL)

WHEREAS, the City Engineer has caused to be prepared a report concerning certain public improvements as hereinafter described, which includes all the information required to be included by the provisions of Section 4 of the City’s Special Assessment Ordinance; and

WHEREAS, the Council has reviewed said reports, plans, and specifications; and

WHEREAS, the Council has determined that it is necessary to construct said public improvements in the City more particularly described in this resolution;

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The Council hereby determines that the public improvements shall consist of reconstructing 14th Street from 41st Avenue to 42nd Avenue, 15th Street from 40th Avenue to 42nd Avenue, and on 42nd Avenue from 13th Street to 15th Street.

2. The total cost of said public improvement is estimated to be $281,001.00 of which $82,401.80 shall be borne by the Special Assessment District.

Regular Council Proceedings

March 15, 2004

Page Nine

 

 

3. The Special Assessment District shall consist of property abutting 14th Street, 15th Street and 42nd Avenue and particularly described as follows:

Properties with the following parcel numbers are included in the district: 3441-000, 3442-000, 3444-000, 3444-010, 3455-000, 3456-000, 3457-000, 3458-000, 3744-000, 3745-000, 3746-000, 3748-000, 3749-000, 3750-000, 3752-000, 3758-000, 3759-000, 3760-000, 3761-000, 3762-000, 3763-000, 3764-000, 3765-000, 3766-000, 3768-000, 3769-000, 3770-000, 3773-000, 3775-000, 3858-020, 3858-040, 3858-060, 3858-070, and 3858-090.

4. The aforesaid reports shall be placed on file in the Office of the City Clerk where the same shall be available for public examination.

5. The City Treasurer is hereby directed to prepare a special assessment roll assessing the cost of the improvements to the benefited property according to the benefits to be received.

6. The Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the Special Assessment District and shall assess each such lot or parcel of land such relative portion of the whole sum to be levied against said property in the District.

7. The Assessor shall file said special assessment roll with the City Clerk who shall present the same to the Council.

8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

A motion was made by Council Member Plemel and seconded by Council Member Fernstrum to adopt the foregoing resolution. This motion was carried unanimously with an abstention by Council Member Jasper.

 

PUBLIC COMMENT:

Deputy Mayor Mick opened the public comment session.

No one was heard.

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

 

ADJOURN:

A motion was made by Council Member Plemel and seconded by Council Member Fernstrum to adjourn the meeting. This motion was carried unanimously.

 

 

 

Thomas F. DeNike, City Clerk/Treasurer

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