REGULAR COUNCIL PROCEEDINGS
APRIL 16, 2007
A
regular meeting of the Menominee City Council, City of
The
Honorable George W. Krah 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; Mayor Krah
ABSENT: None
PRESENT: 9 ABSENT: 0
A
motion was made by Council Member Jasper and seconded by Council Member Sorensen
to approve the agenda for the meeting dated April 16, 2007. This motion was carried unanimously.
There
being no additions or corrections to the minutes of the regular meeting of March
26, 2007, the minutes stood approved as presented.
PUBLIC
COMMENT:
Mayor Krah opened the public comment session called
for the purpose of hearing citizen comments on agenda items only.
Walter Multerer,
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.
COMMUNICATIONS:
The Menominee Area Arts Council gave a presentation on
the business “Living Art” contest they plan to sponsor this summer. They encourage businesses to participate by
placing flower boxes/containers in front of their business beginning by June 15th
and ending with judging of the displays on July 28th.
REPORTS OF OFFICERS:
Mayor Krah submitted for
confirmation the appointment of Mitch Hubert to the Harbor and Industrial Commission,
with his term to expire on December 21, 2011.
A motion was made by Council
Member Jasper and seconded by Council Member Sorensen to confirm the foregoing
appointment. This motion was carried
unanimously.
Regular Council Proceedings
April 16, 2007
Page Two
Mayor Krah also submitted for
confirmation the appointment of Rick Estebo to the Harbor and Industrial
Commission, with his term to expire on December 21, 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.
Mayor Krah submitted for
confirmation the appointment of Marlene Wipfli to the Library Board of
Trustees, replacing Robert Christensen who passed away, with her term to expire
on May 1, 2008.
A motion was made by Council
Member Sorensen and seconded by Council Member Mick to confirm the foregoing
appointment. This motion was carried
unanimously.
COMMITTEE REPORT:
The
Finance Committee reported that they reviewed the claims for March 2007 and
they recommended that checks be drawn on the treasurer in payment of the bills
as follows:
General Fund in the amount of
$220,147.56
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 the need to transfer funds from two, designated, surplus accounts in
the General Fund and they recommended transferring the following amounts:
$2,073.12 from the
Parks-Boat Launches surplus account to 101-756-776.001, and
$3,226.05 from the Henes
Park Project surplus account to 101-758-967.
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 the “Resolution Authorizing 2007 Capital Improvement
Bonds (Limited Tax General Obligation)” and they recommended that the
resolution be adopted.
S/FINANCE
COMMITTEE
Regular Council Proceedings
April 16, 2007
Page Three
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 Judicial and Legislative/Personnel and Labor
Committee reported that they had reviewed the request from Susan Vieth to
purchase service credit from the Municipal Employees Retirement System (MERS)
at her expense directly from funds to be transferred from her Section 457
account to MERS and they recommended that the request be approved.
S/JUDICIAL
AND LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE
A motion was made by Council
Member Sorensen and seconded by Council Member Organ to adopt the foregoing
report. This motion was carried
unanimously.
COMMITTEE REPORT:
The Judicial and Legislative/Personnel and Labor
Committee reported that they had reviewed the lease agreement between the City
and the M&M Yacht Club that has expired and they recommended extending the
current agreement to be effective from January 1, 2007 through December 31,
2009, that the M&M Yacht Club pay $450 per month rent, property taxes, and
that bids be solicited for any improvements in excess of $5,000 in cost, with
the bids being reviewed by the Parks and Recreation/Buildings and Grounds
Committee.
S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND
LABOR COMMITTEE
A motion was made by Council
Member Mick and seconded by Council Member Sorensen to adopt the foregoing
report;
AYES: Krah, Mick, Schloegel, and Sorensen
NAYS: Hudon, Jasper, Organ, Pintarelli, and Fernstrum
The foregoing motion failed to
carry.
A motion was made by Council
Member Organ and seconded by Council Member Hudon to refer this back to the
City Attorney.
AYES: Jasper, Krah, Organ,
Pintarelli, Schloegel, Sorensen, Fernstrum, and Hudon
NAYS: Mick
The foregoing motion was carried.
Regular Council Proceedings
April 16, 2007
Page Four
COMMITTEE REPORT:
The Judicial and Legislative/Personnel and Labor
Committee reported that they had reviewed the encroachment of private property
at
S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND
LABOR COMMITTEE
A motion was made by Council
Member Sorensen and seconded by Council Member Organ to adopt the foregoing
report.
AYES: Jasper, Krah, Mick, Organ. Pintarelli, Schloegel, Sorensen,
Fernstrum, and Hudon
NAYS: None
This motion was carried
unanimously.
COMMITTEE REPORT:
The
Public Safety/Public Works Committee reported that they had reviewed the need
to update the streets in the Local Street System and they recommended that the
following resolution be adopted:
RESOLUTION FOR
STREET ADDITION
At a regular meeting of the City Council of
Menominee,
WHEREAS, the City of Menominee did prior to December
31, 2005 acquire title to 20th Street, between 27th
Avenue and 30th Avenue; and
WHEREAS, it is necessary to furnish certain
information to the State of
NOW, THEREFORE, IT IS RESOLVED:
1.
That the center line of said street is described as: Commencing at the
west ¼ corner of section 34, T32N-R27W, Thence S89 deg 43’ 25”E 1965.81 ft,
Thence 04 deg 11’ 38”E 369.61 ft, thence S89 deg 05’ 36”E 30.05 ft to point of
beginning at the center line, centerline of 27th Avenue and 20th
Street. Thence N04 deg 10’ 30”E 142.87
ft, thence N03 deg 28’ 50”E 583.54 ft, thence N04 deg 03’ 11”E 211.01 to point
of ending at center line, center line of 30th Avenue and 20th
Street.
2.
That said street is located within a City right-of-way and is under the
control of the City of
Regular Council Proceedings
April 16, 2007
Page Five
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 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
Public Safety/Public Works Committee reported that they had reviewed the need
to update the streets in the Local Street System and they recommended that the
following resolution be adopted:
RESOLUTION FOR
DECERTIFICATION
At a regular meeting of the City Council of
Menominee,
WHEREAS, the City of
WHEREAS, the City of
WHEREAS, the City of
WHEREAS, the City of
WHEREAS, the City of
WHEREAS, the City of
WHEREAS, the City of
WHEREAS, the City of
S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE
Regular
Council Proceedings
April
16, 2007
Page
Six
A
motion was made by Council Member Fernstrum 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 consultant engineering proposals received for the
MSHDA funded downtown infrastructure project and they recommended accepting the
low proposal in the amount of $23,600.00 submitted by Mead and Hunt, Inc.,
subject to scheduling of the project at a later date.
S/PUBLIC SAFETY/PUBLIC WORKS 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 Public Safety/Public Works Committee reported
that they had reviewed the cost agreement with the State of Michigan Department
of Transportation for traffic control:
traffic signal changes due to the new signals in the City of
RESOLVED, that the City of Menominee, Michigan does
hereby accept the terms of Work Authorization No. 09757, MDOT Plan No.
55011-01-001, 55011-01-002, and 55011-01-003 traffic signal changes due to the
new signals in the City of Menominee, in Menominee County, US-41 at 13th
Street, 10th Street and 14th Avenue 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:
1.
To construct the project and provide such funds, services, and
materials as may be necessary to satisfy the terms of said agreement.
2.
To authorize Eric A. Strahl, City Manager, and George W. Krah, Mayor,
to sign the agreement.
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 agreement 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 Organ and
seconded by Council Member Sorensen to adopt the foregoing report. This motion was carried unanimously.
Regular Council Proceedings
April 16, 2007
Page Seven
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed the repairs that need to be made to the gasoline pump at
the Department of Public Works garage and they recommended accepting the
quotation from the Oil Equipment Company in the amount of $11,019.00 to replace
the pump and to waive the bid process due to the brand name of the product
being purchased and the resulting limitation on its availability through
bidders.
S/PUBLIC SAFETY/PUBLIC WORKS 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 Public Safety/Public Works Committee reported
that they had reviewed the repairs that have been made and need to be made to
Fire Engines No. 1and 3 and they recommended that $12,500.00 be added to
Account No. 101-336-778 to cover the costs.
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.
MOTIONS AND RESOLUTIONS:
The following resolution was
presented next:
RESOLUTION AUTHORIZING
2007 CAPITAL IMPROVEMENT BONDS
(LIMITED TAX GENERAL OBLIGATION)
____________________________________
City of
____________________________________
Minutes of a regular meeting of the City Council of
the City of Menominee, County of Menominee, State of Michigan (the “City”),
held on April 16, 2007, at 5:00 o’clock p.m., Central Daylight Time.
PRESENT: Members
____________________________________________________
ABSENT: Members
___________________________________________________
Regular Council Proceedings
April 16, 2007
Page Eight
The following preamble and resolution were offered
by Member Fernstrum and supported by Member Mick:
WHEREAS, the City does hereby determine that it is
necessary to acquire certain capital improvement items consisting of sanitary
sewer system improvements, water supply system improvements, and street
improvements together with necessary related appurtenances and attachments relating
thereto (the “Projects”); and
WHEREAS, the cost of the Projects is estimated to be
not more than Three Million Dollars ($3,000,000); and
WHEREAS, to finance the cost of the Projects, the
City Council deems it necessary to borrow the principal sum of not to exceed
Three Million Dollars ($3,000,000) and issue capital improvement bonds pursuant
to Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”), to pay all or
part of the cost of the Projects; and
WHEREAS, a Notice of Intent was published in
accordance with Act 34 which provides that the capital improvement bonds may be
issued without a vote of the electors of the City unless a proper petition for
an election on the question of the issuance of the bonds is filed with the City
Clerk within a period of forty-five (45) days from the date of publication (the
"referendum period"); and
WHEREAS, the City intends, as provided in Act 34, to
issue bonds at a negotiated sale; and
WHEREAS, the City wishes to reserve the right to
sell the bonds at a competitive sale dependent on factors present in the
marketplace prior to the sale of the bonds.
NOW, THEREFORE,
BE IT RESOLVED THAT:
1. Authorization of Bonds; Bond Terms. Subject to the expiration of the referendum
period, Bonds of the City designated 2007 CAPITAL IMPROVEMENT BONDS (LIMITED
TAX GENERAL OBLIGATION) (the “Bonds”) are authorized to be issued in the
aggregate principal sum of not to exceed Three Million Dollars ($3,000,000) for
the purpose of paying all or part of the cost of the Projects, including the
costs incidental to the issuance, sale and delivery of the Bonds. The issue shall consist of bonds in
fully-registered form of the denomination of $5,000, or multiples thereof not
exceeding for each maturity the maximum principal amount of that maturity,
numbered consecutively in order of registration, dated as the date the Bonds
are delivered. The Bonds shall bear
interest, mature, and be payable and subject to redemption prior to maturity at
the times and in the manner determined at the time of sale thereof.
Interest shall be payable to
the registered owner of record as of the 15th day of the month prior to the
payment date for each interest payment.
The record date of determination of registered owner for purposes of payment
of interest as provided in this paragraph may be changed by the City to conform
to market practice in the future.
Interest shall be payable to the registered owner of record as of the
15th day of the month preceding the payment date for each interest
payment. The principal of the Bonds
shall be payable upon presentation and surrender to the Transfer Agent (as
defined below).
Regular Council Proceedings
April 16, 2007
Page Nine
Unless waived by any
registered owner of Bonds to be redeemed, official notice of redemption shall
be given by the Transfer Agent on behalf of the City. Such notice shall be dated and shall contain
at a minimum the following information:
original issue date; maturity dates; interest rates; CUSIP numbers, if
any; certificate numbers (and in the case of partial redemption) the called
amounts of each certificate; the place where the Bonds called for redemption
are to be surrendered for payment; and that interest on the Bonds or portions
thereof called for redemption shall cease to accrue from and after the
redemption date.
In addition, further notice shall be given by the
Transfer Agent in such manner as may be required or suggested by regulations or
market practice at the applicable time, but no defect in such further notice
nor any failure to give all or any portion of such further notice shall in any
manner defeat the effectiveness of a call for redemption if notice thereof is
given as prescribed herein.
The Bonds may be issued in
book-entry only form through The Depository Trust Company in New York, New York
(“DTC”) and the City Manager and the City Clerk/Treasurer are each authorized
to execute such custodial or other agreement with DTC as may be necessary to
accomplish the issuance of the Bonds in book-entry only form and to make such changes
in the Bond Form within the parameters of this resolution as may be required to
accomplish the foregoing.
The City Manager and City
Clerk/Treasurer are each authorized and directed to seek proposals from and
select a bank or trust company located in the State of Michigan and qualified
to act as bond registrar, paying agent and transfer agent (the “Transfer
Agent”) for this issue. The City
reserves the right to replace the Transfer Agent at any time upon written
notice to the registered owners of record of the Bonds not less than sixty (60)
days prior to an interest payment date.
2. Execution of Bonds.
The Bonds of this issue shall be executed in the name of the City with
the facsimile signatures of the Mayor and the City Clerk/Treasurer shall have the
seal of the City, or a facsimile thereof, printed or impressed on the
Bonds. No Bond shall be valid until
authenticated by an authorized officer or representative of the Transfer Agent. The Bonds shall be delivered to the Transfer
Agent for authentication and be delivered by the Transfer Agent to the
purchaser or other person in accordance with instructions from the Treasurer of
the City upon payment of the purchase price for the Bonds in accordance with
the bid therefor when accepted.
3. Transfer of Bonds.
The Transfer Agent shall keep the books of registration for this issue
on behalf of the City. Any Bond may be
transferred upon such registration books by the registered owner of record, in
person or by the registered owner’s duly authorized attorney, upon surrender of
the Bond for cancellation, accompanied by delivery of a duly executed written
instrument of transfer in a form approved by the Transfer Agent. Whenever any Bond or Bonds shall be
surrendered for transfer, the City shall execute and the Transfer Agent shall
authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount. The Transfer Agent shall require
the payment by the bondholder requesting the transfer of any tax or other governmental
charge required to be paid with respect to the transfer.
4. Limited Tax Pledge; Debt Retirement Fund; Defeasance of
Bonds. The City hereby pledges its
limited tax full faith and credit for the prompt payment of the Bonds. The City shall each year budget the amount of
the debt service coming due in the next fiscal year on the principal of and
interest on the Bonds and shall advance as a first budget obligation from its
general funds available therefor, or, if necessary, levy taxes upon all taxable
property in the City subject to applicable constitutional, statutory and
charter tax rate limitations, such sums as may be necessary to pay such debt
service in said fiscal year.
Regular Council Proceedings
April 16, 2007
Page Ten
The City Clerk/Treasurer is authorized and directed
to open a depositary account with a bank or trust company designated by the
City Council, to be designated 2007 CAPITAL IMPROVEMENT BONDS DEBT RETIREMENT
FUND (the “Debt Retirement Fund”), the moneys to be deposited into the Debt
Retirement Fund to be specifically earmarked and used solely for the purpose of
paying principal of and interest on the Bonds as they mature.
In the event cash or direct
obligations of the United States or obligations the principal of and interest
on which are guaranteed by the United States, or a combination thereof, the
principal of and interest on which, without reinvestment, come due at times and
in amounts sufficient to pay at maturity or irrevocable call for earlier
optional redemption, the principal of, and interest on the Bonds, shall be
deposited in trust, this resolution shall be defeased and the owners of the
Bonds shall have no further rights under this resolution except to receive
payment of the principal of, premium, if any, and interest on the Bonds from
the cash or securities deposited in trust and the interest and gains thereon
and to transfer and exchange Bonds as provided herein.
5. Construction
Fund; Proceeds of Bond Sale. The
Treasurer is authorized and directed to open a separate depositary account with
a bank or trust company designated by the City Council, to be designated 2007
CAPITAL IMPROVEMENT BONDS CONSTRUCTION FUND (the “Construction Fund”) and
deposit into said Construction Fund the proceeds of the Bonds less accrued
interest and premium, it any, which shall be deposited into the Debt Retirement
Fund. The moneys in the Construction
Fund shall be used solely to pay the costs of the Projects and the costs of
issuance of the Bonds.
6. Bond Form. The Bonds shall be in substantially the
following form:
STATE OF
CITY
OF
2007
CAPITAL IMPROVEMENT BOND
(LIMITED TAX GENERAL
OBLIGATION)
Interest Maturity Date of
Rate Date Original Issue CUSIP
_________ 1,
____ ________, 2007
Registered Owner:
Principal Amount: Dollars
The City of
Menominee, County of Menominee, State of Michigan (the “City”), acknowledges
itself to owe and for value received hereby promises to pay to the Registered
Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Maturity Date
specified above, unless prepaid prior thereto as hereinafter provided, with
Regular Council Proceedings
April 16, 2007
Page Eleven
interest thereon from the
Date of Original Issue specified above or such later date to which interest has
been paid, until paid, at the Interest Rate per annum specified above, first
payable on ________, 200_ and semiannually thereafter. Principal of this bond is payable at the designated
office of ____________________, Michigan, or such other transfer agent as the
City may hereafter designate by notice mailed to the registered owner not less
than sixty (60) days prior to any interest payment date (the “Transfer Agent”). Interest on this bond is payable to the
registered owner of record as of the fifteenth (15th) day of the month
preceding the interest payment date as shown on the registration books of the
City kept by the Transfer Agent by check or draft mailed to the registered owner
of record at the registered address. For
prompt payment of this bond, both principal and interest, the full faith,
credit and resources of the City are hereby irrevocably pledged.
This
bond is one of a series of bonds aggregating the principal sum of
$______________, issued for the purpose of paying all or part of the cost of
certain capital improvements for the City.
This bond is issued under the provisions of Act 34, Public Acts of
Michigan, 2001, as amended, and a duly adopted resolution of the City.
Bonds
of this issue maturing in the years ________ through __________, inclusive
shall not be subject to redemption prior to maturity. Bonds maturing in the years ________ and
thereafter shall be subject to redemption on any date at par and accrued interest
on or after ______ 1, 20__.
[ADD
TERM BOND LANGUAGE IF APPLICABLE]
In
case less than the full amount of an outstanding bond is called for redemption,
the paying agent, upon presentation of the bond called for redemption, shall
register, authenticate and deliver to the registered owner of record a new bond
in the principal amount of the portion of the original bond not called for
redemption.
Notice
of redemption shall be given to the registered owners of bonds or portions
thereof called for redemption by mailing of such notice not less than thirty
(30) days prior to the date fixed for redemption to the registered address of
the registered owner of record. Bonds so
called for redemption shall not bear interest after the date fixed for
redemption, whether presented for redemption or not, provided funds are on hand
with the paying agent to redeem said bonds.
This
bond is transferable only upon the registration books of the City kept by the
Transfer Agent by the registered owner of record in person, or by the
registered owner’s attorney duly authorized in writing, upon the surrender of
this bond together with a written instrument of transfer satisfactory to the
Transfer Agent duly executed by the registered owner or the registered owner’s
attorney duly authorized in writing, and thereupon a new registered bond or
bonds in the same aggregate principal amount and of the same maturity shall be
issued to the transferee in exchange therefor as provided in the resolution
authorizing this bond and upon the payment of the charges, if any, therein
prescribed.
This
bond, including the interest thereon, is payable as a first budget obligation
from the general funds of the City, and the City is required, if necessary, to
levy ad valorem taxes on all taxable property in the City for the payment
thereof, subject to applicable constitutional, statutory and charter tax rate
limitations.
It
is hereby certified and recited that all acts, conditions and things required
by law to be done, precedent to and in the issuance of this bond and the series
of bonds of which this is one, exist and have
Regular Council Proceedings
April 16, 2007
Page Twelve
been done and
performed in regular and due form and time as required by law, and that the
total indebtedness of the City, including this bond, does not exceed any
constitutional, statutory or charter debt limitation.
This
bond is not valid or obligatory for any purpose until the Transfer Agent’s
Certificate of Authentication on this bond has been executed by the Transfer
Agent.
IN
WITNESS WHEREOF, the City, by its City Council, has caused this bond to be
signed in the name of the City by the facsimile signatures of its Mayor and
Clerk and a facsimile of its corporate seal to be printed hereon, all as of the
Date of Original Issue.
CITY OF
State of
B