CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

MARCH 26, 2007

 

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, March 26, 2007 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, Pintarelli, Schloegel, and Sorensen

ABSENT:         Mayor Krah (excused)

 

PRESENT:  8                ABSENT:  1

 

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

 

A motion was made by Council Member Jasper and seconded by Council Member Hudon to approve the agenda for the meeting dated March 20, 2007.  This motion was carried unanimously.

 

There being no additions or corrections to either the minutes of the regular meeting of February 19, 2007 or the special meeting of March 1, 2007, the minutes stood approved as presented.

 

 

PUBLIC HEARINGS:

 

Deputy Mayor Mick opened the public hearing that was called for the purpose of hearing citizen comments on SFK Pulp Recycling U.S. Inc.’s application for the transfer of an industrial facilities exemption certificate. 

 

No one was heard.

 

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

 

 

Deputy Mayor Mick opened the public hearing that was called for the purpose of hearing citizen comments on SFK Pulp Recycling U.S. Inc.’s application for an industrial facilities exemption certificate. 

 

No one was heard.

 

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

 

Regular Council Proceedings

March 26, 2007

Page Two

 

 

 

Deputy Mayor Mick opened the public hearing that was called for the purpose of hearing citizen comments on SFK Pulp Recycling U.S. Inc.’s application for the exemption of new personal property. 

 

No one was heard.

 

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

 

 

PUBLIC COMMENT:

 

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

 

No one was heard.

 

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

 

 

REPORTS OF OFFICERS:

 

Deputy Mayor Mick submitted for confirmation the appointment of Jean Stegeman to the Planning Commission, replacing Bob Martin who resigned, with her term to expire on October 7, 2009.

 

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

 

 

Director of Police/Fire Services Jones and Deputy Chief of Police Furlong presented the following commendation for Officers Richard Hansen and Brooke Foster:

 

“March 26, 2007

 

TO:      Menominee City Council

 

Dear Council Members,

 

We would like to take this opportunity to publicly comment Officer Richard Hansen and Officer Brooke Foster for their actions on the evening of February 17th, 2007.

 

Officer Hansen and Officer Foster responded to a 911 medical call to Stewy’s Restaurant for a male subject that was not breathing.

 

Regular Council Proceedings

March 26, 2007

Page Three

 

 

 

Upon arrival, the officers assessed the victim’s condition and immediately started CPR.  Officers Hansen and Foster used the department’s Automated External Defibrillator and were advised to shock the victim in an attempt to regain normal heart rhythm.  The officers continued working on the victim until the arrival of emergency medical personnel.

 

Officer Hansen and Officer Foster’s prompt and alert action during this stressful situation resulted in saving this man’s life.  Their actions were observed by many patrons of the restaurant including the restaurant owners, who told us how impressed they were with the officers’ abilities.

 

Officer Hansen and Officer Foster’s professional demeanor and abilities are a positive reflection upon themselves as police officers and the Menominee Police Department.  We wish to publicly recognize Officer Hansen and Officer Foster’s actions by awarding them with the department’s Life Saving Medal.

 

S/Jeffrey C. Jones and James G. Furlong”

 

 

COMMITTEE REPORT:

 

The Public Safety/Public Works Committee reported that they had reviewed the sidewalk for the Spirit of LaSalle ferry service.  The Committee recommended that the sidewalk be built with the cost to be split 50/50 between the City and the owner of the ferry service.

 

S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

The Public Safety/Public Works Committee reported that they had reviewed the agreement with the State of Michigan Department of Transportation for the reconstruction of Highway US-41 from North of the CN Railroad to 20th Avenue; replacement and construction of sanitary sewer and water main along Highway US-41 from north of Structure R01 of 55011 which carries Highway US-41 over the CN Railroad and northerly to 20th Avenue; streetscaping work along Highway US-41 from north of Structure R01 of 55011 which carries Highway US-41 over the CN railroad and northerly to 20th Avenue; including stamped sidewalks and decorative lighting and they recommended that the following resolution be adopted:

 

RESOLUTION

 

RESOLVED, that the City of Menominee, Michigan does hereby accept the terms of Contract No. 06-5318 reconstruction of Highway US-41 from North of the CN Railroad to 20th Avenue; replacement and construction of sanitary sewer and water main along Highway US-41 from north of Structure R01 of 55011 which carries Highway US-41 over the CN Railroad and northerly to 20th Avenue; streetscaping work along Highway US-41 from north of Structure R01 of 55011 which carries Highway US-41 over the CN Railroad and northerly to 20th Avenue; including stamped sidewalks and decorative lighting as received by the Michigan Department of Transportation and that the City of Menominee does hereby specifically agree, but not by way of limitation, as follows:

Regular Council Proceedings

March 26, 2007

Page Four

 

 

 

1.                   To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said Contract.

2.                   To authorize Eric A. Strahl, City Manager, and George W. Krah, Mayor, to sign the contract.

3.                   To authorize Eric A. Strahl, City Manager to be the local Authorized Representative to sign documents in behalf of the City of Menominee, Michigan.

4.                   To comply with any and all terms of said Contract including all terms not specifically set forth in the foregoing portions of this Resolution.

 

S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

The Parks and Recreation/Buildings and Grounds Committee reported that they had reviewed the encroachment of private property at 1502 First Street in a municipal right-of-way and recommended that City Council authorize the granting of a license to use after the owner has provided the City with a survey prepared at the owner’s expense.  The drafting of the license will then be referred to the City Attorney and Judicial and Legislative Committee.

 

S/PARKS AND RECREATION/BUILDINGS AND GROUNDS COMMITTEE

 

A motion was made by Council Member Jasper and seconded by Council Member Organ to amend the report to add payment in the amount of $15,000 to close the Joyful Noise Coffee House Revolving Loan Fund loan and to adopt the report as amended.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

The Special Projects/Community Relations Committee reported that they had reviewed proclaiming Head Start Month and they recommended that the following resolution be adopted:

 

PROCLAMATION

HEAD START MONTH - April 2007

 

WHEREAS, Head Start has been a high quality, comprehensive early childhood education, health and social services program operating locally since the mid 1960's; and

 

WHEREAS, Head Start emphasizes individualized services and the involvement and leadership of parents in setting goals designed to maximize the successful development of school readiness attributes in each child; and

 

WHEREAS, Head Start has earned an outstanding reputation as a most successful program that responds to educational and social challenges and has proven effective in reducing future grade retention, delinquency, school dropout, unemployment and criminal activity; and

Regular Council Proceedings

March 26, 2007

Page Five

 

 

 

WHEREAS, Head Start provides GED and literacy tutoring and other services to support the self-sufficiency efforts of low income families; and

 

WHEREAS, Head Start provides parents with a wealth of information on child development, child guidance strategies and the importance of establishing and maintaining positive parent-child relationships; and

 

WHEREAS, Head Start is comprised of hundreds of young children and loving families, dedicated staff, outstanding community partners and volunteers; and

 

WHEREAS, the Head Start program, a positive environment where goals are identified and progress is recognized, has had a positive effect on the community through the positive impact on the community through the positive impact on young children and their families;

 

NOW, THEREFORE, WE, the Menominee City Council do hereby proclaim April 2007 as "HEAD START MONTH" and urge all the citizens of the City of Menominee to support and reflect on the outstanding results of Head Start.

 

S/SPECIAL PROJECTS/COMMUNITY RELATIONS 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 the request from the Menominee Opera House Committee, Inc. regarding a grant application to the Hannahville Indian Community and lacking a quorum forwarded the following resolution without a recommendation:

 

RESOLUTION

 

The City of Menominee, by its City Council, recognizes the Menominee Opera House Committee, Inc. as a non-profit organization dedicated to the restoration and use of the Menominee Opera House.  The historic Opera House is a part of the future plan for the downtown area as outlined in the 2005 Menominee Downtown Blueprint.  We hereby lend our support to this Grant Application to the Hannahville Indian Community.

 

S/SPECIAL PROJECTS/COMMUNITY RELATIONS COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they reviewed the claims for February 2007 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

Regular Council Proceedings

March 26, 2007

Page Six

 

 

 

 

            General Fund in the amount of $393,637.50         River Park Fund in the amount of $4,746.33

 

S/FINANCE COMMITTEE

 

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

 

 

MOTIONS AND RESOLUTIONS:

 

The following resolution was the first item under motions and resolutions:

 

A RESOLUTION APPROVING THE TRANSFER

OF INDUSTRIAL FACILITY EXEMPTION CERTIFICATE 1995-570

TO SFK PULP RECYCLING U.S. INC.

 

WHEREAS, Industrial Facilities Exemption Certificate 1995-570 was granted by the State Tax Commission to Great Lakes Pulp & Fibre pursuant to 1974 P.A. 198, M.C.L. 207.551 et. seq., for property located in Menominee Industrial Development District No. 7;

 

WHEREAS, SFK Pulp Recycling U.S. Inc. has retained the property and operation located in Menominee Industrial Development District No. 7;

 

WHEREAS, SFK Pulp Recycling U.S. Inc. submitted a request to transfer Industrial Facilities Exemption Certificate 1995-570 from Great Lakes Pulp & Fibre to SFK Pulp Recycling U.S. Inc.;

 

WHEREAS, before acting on said request, the Menominee City Council held a hearing on March 26, 2007, at the City Hall in the Council Chambers at 5:00 p.m. at which hearing the Applicant, the City Assessor, and a representative of the effected units were give written notice and were afforded the opportunity to be heard on said Application;

 

NOW, THEREFORE, BE IT RESOLVED that the Menominee City Council hereby approves the request to transfer Industrial Facilities Exemption Certificate 1995-570 from Great Lakes Pulp & Fibre to SFK Pulp Recycling U.S. Inc.

 

BE IT FURTHER RESOLVED, that SFK Pulp Recycling U.S. Inc. shall be subject to all requirements agreed to and placed upon further by the granting of Industrial Facilities Exemption Certificate 1995-570.

 

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

 

 

Regular Council Proceedings

March 26, 2007

Page Seven

 

 

 

The following resolution was considered next:

 

A RESOLUTION APPROVING THE APPLICATION

OF SFK PULP RECYCLING U.S. INC.

FOR A FACILITIES EXEMPTION CERTIFICATE

FOR ITS FACILITY IN

MENOMINEE INDUSTRIAL DEVELOPMENT DISTRICT NO. 7

 

WHEREAS, pursuant to 1974 P.A. 198, M.C.L. 207.551 et. seq., after a duly noticed public hearing, the Menominee City Council, by Resolution, established Menominee Industrial Development District No. 7 on February 14, 1994;

 

WHEREAS, SFK Pulp Recycling U.S. Inc. has filed an application for an Industrial Facilities Exemption Certificate with respect to new equipment to be acquired and installed within the Industrial Development District No. 7;

 

WHEREAS, before acting on said application, the Menominee City Council held a hearing on March 26, 2007, at the City Hall in the Council Chambers at 5:00 p.m. at which hearing the Applicant, the City Assessor, and a representative of the effected units were give written notice and were afforded the opportunity to be heard on said Application;

 

WHEREAS, installation of the new machinery and equipment had not begun earlier than six (6) months before December 27, 2006, the date of acceptance of the original Application for and Industrial Facilities Exemption Certificate;

 

WHEREAS, the machinery and equipment is calculated to and will at the time of issuance of the Certificate have the reasonable likelihood to retain, create or prevent the loss of employment in the City of Menominee;

 

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Menominee, after granting this Certificate, will exceed five percent (5%) of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property exempted.

 

NOW, THEREFORE, BE IT RESOLVED by the Menominee City Council that:

 

1)                  The Menominee City Council finds and determines that the granting of the Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of substantially impending the operation of the City of Menominee, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Menominee.

 

2)                  The Application of SFK Pulp Recycling U.S. Inc. for an Industrial Facilities Exemption Certificate with respect to new machinery and equipment to be acquired and installed on the following described parcel of real estate situated within the Menominee Industrial Development District No. 7, to wit:

Regular Council Proceedings

March 26, 2007

Page Eight

 

 

 

T31N R27W PT OF GL 6 SEC 2, PT OF GL 2 SEC 11 & PT OF GL 1 SEC 3, DESC AS COM AT W1/4 COR OF SEC 2, S00Ø03'E 1706.74' TO POB; TH S64Ø24'E 900.5', S21Ø32'15"W 116.74', SE'LY 121.19' ALG ARC OF CUR TO THE RT (CH= S22Ø10'20"E 108.42'), S24Ø07'05"W. 477.47' TO SH OF MENO RIVER, NW'LY ALG RIVER TO A PT N64Ø24'W 511.7' & S21Ø52'W 512' OF THE POB, N21Ø52'E 512', S64Ø24'E 511.7' TO POB (18 ACRES)

 

be and the same is hereby approved.

 

3)                  The Industrial Facilities Exemption Certificate when issued shall remain in force and effect for a period of twelve (12) years after completion.

 

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

 

 

The final resolution on the agenda was the following:

 

A RESOLUTION APPROVING

A NEW PERSONAL PROPERTY EXEMPTION APPLICATION FOR

SFK PULP RECYCLING U.S. INC.

LOCATED AT 701 FOURTH AVENUE, MENOMINEE, MICHIGAN

 

WHEREAS, pursuant to P.A. 328 of 1998, as amended, after a duly noticed public hearing held on March 26, 2007, the Menominee City Council, an eligible distressed area as defined in Section 11 of the State Housing Development Authority Act of P.A. 346 of 1996, by Resolution, established Menominee Industrial Development District No. 7 on February 14, 1994; and

 

WHEREAS, SFK Pulp Recycling U.S. Inc, a manufacturing eligible business, has filed an application for Exemption of New Personal Property; and

 

WHEREAS, before acting on said application, the Menominee City Council held a hearing on March 26, 2007, at the City Hall in the Council Chambers at 5:00 p.m. at which hearing the Applicant, the City Assessor, and a representative of the effected units were give written notice and were afforded the opportunity to be heard on said Application; and

 

NOW, THEREFORE, BE IT RESOLVED by the Menominee City Council that:

 

1)         The Menominee City Council finds and determines that the granting of the Exemption of New Personal Property currently in force under P.A. 328 of 1998, as amended, shall not have the effect of substantially impending the operation of the City of Menominee, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Menominee; and

 

2)         The New Personal Property Exemption when issued shall be, and remain in force and effective for a period of ten (10) years, beginning February 19, 2007 and ending December 31, 2017; and

Regular Council Proceedings

March 26, 2007

Page Nine

 

 

 

3)         The Application submitted by SFK Pulp Recycling U.S. Inc. is for an Exemption of New Personal Property that will be located in the following described parcel of real estate situated within the City of Menominee, in an Industrial Development District established on February 14, 1994;

 

T31N R27W PT OF GL 6 SEC 2, PT OF GL 2 SEC 11 & PT OF GL 1 SEC 3, DESC AS COM AT W1/4 COR OF SEC 2, S00Ø03'E 1706.74' TO POB; TH S64Ø24'E 900.5', S21Ø32'15"W 116.74', SE'LY 121.19' ALG ARC OF CUR TO THE RT (CH= S22Ø10'20"E 108.42'), S24Ø07'05"W. 477.47' TO SH OF MENO RIVER, NW'LY ALG RIVER TO A PT N64Ø24'W 511.7' & S21Ø52'W 512' OF THE POB, N21Ø52'E 512', S64Ø24'E 511.7' TO POB (18 ACRES)

 

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

 

 

PUBLIC COMMENT:

 

Deputy Mayor Mick opened the public comment session.

 

Council Member Fernstrum thanked the Auxiliary Police Department for their assistance in the Walk for Warmth event.

 

Council Member Organ said he would like closure to the City’s stock holding situation with SFK Pulp Recycling.

 

Council Member Schloegel asked that council look into using the proper materials for the reconstruction of the intersection of 10th Avenue and 10th Street.

 

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

 

 

ADJOURN:

 

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

 

 

 

 

 

 

Thomas F. DeNike, City Clerk/Treasurer

 

 

/skj