CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

APRIL 18, 2005

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, April 18, 2005 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, Plemel, Schloegel, and Sorensen

ABSENT: Council Member Organ (excused)

PRESENT: 8 ABSENT: 1

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

 

A motion was made by Council Member Mick and seconded by Council Member Jasper to move the report from the Special Projects Committee on congratulating the Tri-City Catholic Eighth Grade Boys Basketball Team to the first item under that section of the agenda and to approve the agenda for the meeting dated April 15, 2005. This motion was carried unanimously.

 

There being no additions or corrections to the minutes of the regular meeting of March 21, 2005, the minutes stood approved as presented.

 

PUBLIC HEARINGS:

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the proposed FNT Industries project under the Revolving Loan Fund.

No one was heard.

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

 

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the proposed amendments to MOC 7:4.1 – Streets and Sidewalks – Regulation of Trees.

No one was heard.

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

 

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PUBLIC COMMENT:

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

No one was heard.

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

 

COMMUNICATIONS:

Rob Garland, representing Great Lakes Pulp and Fibre, spoke in regard to celebrating Earth Day on Saturday, April 23rd. They plan to open their warehouse from 8 a.m. until 11 a.m. to allow the purging of documents, which will be dumped directly into the vat. Certificates of destruction will be issued. Approximately 600,000 tons of paper are recycled per year. They plan to donate several trees to the Duby Park project.

 

REPORTS OF OFFICERS:

Mayor Krah submitted for confirmation the appointment of Tammy Nelson to the Historic District Commission, replacing Marie Swanson who resigned, with her term to expire on May 11, 2007.

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

 

Mayor Krah also submitted for confirmation the reappointment of George Cowell to the Historic District Commission with his term to expire on May 11, 2008.

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Special Projects Committee discussed congratulating the Tri-City Catholic Eighth Grade Boys Basketball Team for their successful season and they recommended that the following resolution be adopted:

RESOLUTION

WHEREAS, the Tri-City Catholic Eighth Grade Boys Basketball Team has recently completed a very successful season; and

WHEREAS, the Tri-City Catholic Eighth Grade Boys Basketball Team finished the season with a 48-9 record; and

WHEREAS, the Tri-City Catholic Eighth Grade Boys Basketball Team won the Division 4 Wisconsin State Invitation Basketball Tournament compiling a 6-0 record during the tournament;

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NOW, THEREFORE, BE IT RESOLVED, that the City of Menominee extends congratulations to the Tri-City Catholic Eighth Grade Boys Basketball Team for their very successful season.

S/SPECIAL PROJECTS COMMITTEE

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:

At an April 11, 2005 meeting the Buildings and Grounds Committee reviewed the bids received for cornice replacement at Spies Public Library and they recommended acceptance of the low bid submitted by Monosso Builders in the amount of $87,899.00 with the funds being appropriated from 245 Public Improvement Fund.

S/BUILDINGS & GROUNDS COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held April 11, 2005 the Finance Committee reviewed the General Fund claims for the month of March 2005 in the amount of $276,723.14 and they recommended that checks be drawn on the treasurer in payment of the bills.

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 an April 11, 2005 meeting the Finance Committee reviewed pending invoices from Warner, Norcross and Judd, LLP and they recommended that they be paid in the amount totaling $15,410.48.

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 an April 11, 2005 meeting the Finance Committee reviewed P. A. 328 Personal Property Tax Abatements and they recommended that the following resolution be approved for such applications:

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RESOLUTION

WHEREAS, pursuant to P.A. 328 of 1998 as amended by PA 20 of 1999, the City Council has established that (company name) is located in an (type of qualifying zone or district i.e. industrial development district) established on (date); and

WHEREAS, (company name) an owner of property located within said district, has applied for Exemption of New Personal Property under provisions of P.A. 328 for a period of 10 years, beginning tax year January 1, 200___ and ending tax year January 1, 20___; and

WHEREAS, the City of Menominee has established that it; Menominee, is indeed located in an Eligible Distressed Area and by the conditions noted in P.A. 328 as amended by P.A. 20 of 1999, (company name) qualifies for consideration for Exemption of New Personal Property as an eligible (name type #5 on application) business; and

WHEREAS, the City Council shall afford the applicant, the City Assessor, and a representative of the affected units an opportunity for a hearing;

1) That the application of said company for Exemption of New Personal Property shall remain on file in the Office of the City Clerk/Treasurer.

2) That the City Council shall meet in the Council Chambers on ___________ ____, 200____ at ____ p.m., and shall provide to the City Assessor and a representative of each affected taxing unit an opportunity to be heard on the question of said company's application for Exemption of New Personal Property.

3) That the City Clerk/Treasurer immediately inform, by letter, the City Assessor, and the legislative body of each taxing unit which levies ad valorem taxes in the City of Menominee on the property located within said qualifying zone or district as follows:

a) That the City of Menominee has established that said company has complied with all requirements of said Public Act and now has received and application for Exemption of New Personal Property.

b) That the City Council shall meet on ___________ ____, 200____ at ____ p.m. to afford the City Assessor and a representative of each said taxing units an opportunity to be heard with regard to said exemption application.

    1. That as to said exemption, will apply to all qualifying personal property expenditures for a period of 10 years with an ending date of December 30, 20______.

S/FINANCE 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.

 

COMMITTEE REPORT:

At a meeting held April 11, 2005 the Finance Committee reviewed the purchase of two (2) in car video cameras for the Police Department and they recommended the city purchase the cameras from Mobile Vision at the cost of $4,245.00 per unit and they further recommended that the bid process be waived due to the cameras being the same as those currently in operation.

S/FINANCE COMMITTEE

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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 an April 11, 2005 meeting the Finance Committee reviewed the hazardous waste collection day that Menominee County is sponsoring to be held on May 7, 2005 and they recommended that up to $5,000 be appropriated toward the expenses provided collection is limited to Menominee County/State of Michigan residents.

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 March 16, 2005 the Parks and Recreation Committee reviewed the Parks Use Ordinance and allowing dogs and they recommended to the city council that they refer to the Judicial and Legislative Committee amending the Menominee Ordinance Code to allow dogs on a six foot leash and under control in city parks but not in beach, playground, or athletic areas.

S/PARKS AND RECREATION COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Personnel and Labor Committee reviewed the actuarial valuation for non union non department head employees for a change to a B-4 benefit and they recommended that city council approve the benefit increase with the employees to fund the 4.51% cost.

S/PERSONNEL AND LABOR COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held April 11, 2005 the Public Works Committee reviewed the need to update the streets in the Local Street System and they recommended that the following resolution be adopted:

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RESOLUTION FOR STREET ADDITION

48th Avenue

At a regular meeting of the City Council of Menominee, Michigan, held in the Municipal Complex Council Chambers on ____________ __, 2005, the following resolution was offered by Council Member _____________ and supported by Council Member _____________:

WHEREAS, the City of Menominee did on the 20th day of January, 1969 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 48th Avenue from 10th Street to west of 6th Street.

  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 Fernstrum to adopt the foregoing report. This motion was carried unanimously.

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Public Works Committee reviewed the 10th Avenue reconstruction project and they recommended that the following resolution be adopted to begin the special assessment process for sidewalks in this area:

RESOLUTION NO. 1

CITY OF MENOMINEE, COUNTY OF MENOMINEE

SPECIAL ASSESSMENT DISTRICT FOR

10th AVENUE FROM 2nd STREET TO 10th STREET - SIDEWALK RECONSTRUCTION

WHEREAS, pursuant to the charter and special assessment ordinance (the "ordinance") of the City of Menominee, the Menominee City Council may commence proceedings for the making of local public improvements within the city and determine the tentative necessity thereof without a petition; and

WHEREAS, the council tentatively deems it in the public interest, health and welfare to make a public improvement consisting of: Sidewalk reconstruction on 10th Avenue from 2nd Street to 10th Street.

NOW, THEREFORE, BE IT RESOLVED THAT:

  1. The city engineer is hereby directed to cause to be prepared a report for said improvements which shall include an analysis and recommendations required by Section 4 of the ordinance and shall include necessary plans, specifications, detailed estimates of cost, description of the assessment

    2.  

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    district, recommendation as to that portion of the cost of said project which must be borne by the city at large, and such pertinent information as will permit the council to decide the cost, extent and necessity of the proposed improvement and what part or portion thereof should be paid by special assessment upon the property especially benefited and what part, if any, should be paid by the city at large.

  2. When the aforesaid report is completed, the city engineer shall file the same with the city clerk together with his recommendations for presentation to council.

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

S/PUBLIC WORKS COMMITTEE

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

 

COMMITTEE REPORT:

At a meeting held April 11, 2005 meeting the Public Works Committee reviewed the proposed reconstruction of 15th Street (from 18th to 20th Avenue) and they recommended to city council to accept a 31' width for the street and to adopt the following resolution to begin the special assessment process for sidewalks:

RESOLUTION NO. 1

CITY OF MENOMINEE, COUNTY OF MENOMINEE

SPECIAL ASSESSMENT DISTRICT FOR

15th STREET FROM 18th TO 20th AVENUE - SIDEWALK RECONSTRUCTION

WHEREAS, pursuant to the charter and special assessment ordinance (the "ordinance") of the City of Menominee, the Menominee City Council may commence proceedings for the making of local public improvements within the city and determine the tentative necessity thereof without a petition; and

WHEREAS, the council tentatively deems it in the public interest, health and welfare to make a public improvement consisting of: Sidewalk reconstruction on 15th Street from 18th Avenue to 20th Avenue.

NOW, THEREFORE, BE IT RESOLVED THAT:

  1. The city engineer is hereby directed to cause to be prepared a report for said improvements which shall include an analysis and recommendations required by Section 4 of the ordinance and shall include necessary plans, specifications, detailed estimates of cost, description of the assessment district, recommendation as to that portion of the cost of said project which must be borne by the city at large, and such pertinent information as will permit the council to decide the cost, extent and necessity of the proposed improvement and what part or portion thereof should be paid by special assessment upon the property especially benefited and what part, if any, should be paid by the city at large.

  2. When the aforesaid report is completed, the city engineer shall file the same with the city clerk together with his recommendations for presentation to council.

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

S/PUBLIC WORKS COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Public Works Committee reviewed the bids received for Contract 05-RD-02, 23rd Avenue Road Reconstruction and they recommended acceptance of the low bid submitted by Barley Trucking and Excavating, Inc. in the amount of $248,225.65.

S/PUBLIC WORKS COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Special Projects Committee reviewed the nominations for the Community Service Award and they recommended that this award be given to David Fernstrum and the Menominee Area Kiwanis.

S/SPECIAL PROJECTS COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Special Projects Committee reviewed the proposal to make the two year UW Centers satellites of the closest four year campuses and they recommended that the resolution opposing this be adopted:

RESOLUTION

WHEREAS, the University of Wisconsin-Marinette has served the residents of the City of Menominee and Menominee County for many years; and

WHEREAS, one-third of the students attending the University of Wisconsin-Marinette reside in Menominee County; and

WHEREAS, a recent legislative proposal suggests merging each of the Wisconsin two year colleges with the nearest four year university as a cost saving measure; and

WHEREAS, this proposal fails to recognize the unique role that the two year colleges play in Wisconsin's higher education system; compromises the quality of the educational experience on two year campuses by reducing them to second tier status; reduces the transfer options of students who attend a two year campus, reduces the level of administrative service provided to students at the two year campuses; removes a vital entry point into higher education for returning adult students, students of color, and students from low income families; disrupts the excellent working relationship that has been established between the counties and the two year campuses; and ignores the lessons learned when the state abandoned a failed system in the early 1970s that had made UW-Marinette a satellite of UW-Green Bay;

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NOW, THEREFORE, BE IT RESOLVED, that the City of Menominee City Council is opposed to the merger of the University of Wisconsin-Marinette with the University of Wisconsin-Green Bay and supports the continuation of the Marinette Center as an independent freshman/sophomore campus.

S/SPECIAL PROJECTS COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Special Projects Committee reviewed signage for the City and they recommended soliciting proposals for the design of signs using our current lighthouse and slogan.

S/SPECIAL PROJECTS COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Special Projects Committee reviewed flower planting/beautification and they recommended that flower plantings for this year be located at the following locations: The corner of 10th Avenue and 10th Street (county), M-35 and US-41, Triangle Park, and West End/Reindl Park.

S/SPECIAL PROJECTS COMMITTEE

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

 

COMMITTEE REPORT:

At an April 11, 2005 meeting the Special Projects Committee reviewed the upcoming spring clean up and they recommended encouraging citizens to join the effort by sweeping their sidewalks and removing junk and debris from their yards to beautify their property.

S/SPECIAL PROJECTS 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.

 

COMMITTEE REPORT:

The MIDC reported that they had reviewed requests from FNT Industries, Inc. to purchase lot 13 in the Industrial Park for the price of $10,560 and to borrow $10,560 from the Revolving Loan Fund (RLF) to

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purchase the lot and they recommended that the lot sale be approved and that the loan be approved to be paid back in a single payment of principal and interest after twelve months with an interest rate of prime plus one percent.

S/ M I D C

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

AYES: Hudon, Jasper, Krah, Mick, Plemel, Schloegel, Sorensen, and Fernstrum

NAYS: None

This motion was carried unanimously.

 

MOTIONS AND RESOLUTIONS:

The following ordinance amendment was next on the agenda:

TITLE 7: STREETS AND SIDEWALKS

CHAP. 4: TREES 7:4.1

REGULATION OF TREES

(1) Definitions. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word shall is mandatory and not merely directory. The word may is permissive.

    1. Department of Public Works shall mean the Department of Public Works of the City of Menominee.

(b) Master Tree Plan shall mean the document created as described in this ordinance.

(c) Park shall include all public lands under the jurisdiction of the Department of Public Works and the River Park campground under the jurisdiction of the Recreation Department.

    1. Person is any person, firm, partnership, association, corporation, company, or organization of any kind.

    2. Property Owner shall mean the person listed as owner of record of the property as shown in the Menominee City Assessor's Office.

    3. Public Places shall mean all grounds owned by the City of Menominee and not included in streets, highways, or parks.

    4. Public Trees shall include all trees and shrubs now or hereafter growing on any street, highway, park or other public place including those planted by adjoining property owners.

    5. Street shall include all streets owned by the city and shall be identified as Major Streets or Minor Street according to the administrative standards of Act 51 of the Public Acts of 1951 and all alleys

    6. Shrub shall include all woody-stemmed perennial plants other than trees.

      7.  

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    7. Tree shall include all woody perennial plants having one or more stems. For the purposes of this ordinance, the term tree shall include shrubs as herein defined. Trees shall be designated by the heights they can attain as follows:

LARGE - attaining a height of more than 45 feet.

MEDIUM - attaining a height of 20 to 45 feet.

SMALL - attaining a height of less than 20 feet.

(k) Treelawn is that part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway used for vehicular traffic.

(2) Administration of this Ordinance.

The Public Works Committee shall be the designated body having review and advisory authority for the administration of this ordinance. The Public Works Committee shall serve as the City Tree Board. Their duties shall include determining the needs of the City in relation to its trees and a planting and maintenance program for them. Determining the kind and locations for trees to be planted throughout the City and development of Arboricultural Specifications and Standards of Practice.

(3) Duties of the City Engineer.

(a) The City Engineer shall have the duty to advise the City Tree Board on the promulgation of the rules, regulations, arboricultural specifications, and to assist in the development of the Master Tree Plan.

(b) The City Engineer shall have the duty to issue permits for work on public trees by persons other than City Employees. The City Engineer shall inspect all work done under a permit issued in accordance with the provisions of this Ordinance.

(c) The City Engineer shall have the authority to enforce this ordinance and the specifications and standards adopted pursuant to this Ordinance. This authority shall include the authority to issue orders, and to issue citations for violations of orders.

(4) Duties of the Director of Public Works.

The Director of Public Works shall have the duty to direct the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the City according to the adopted standards and specifications including the Master Tree Plan.

(5) The Master Tree Plan.

The City Tree Board shall formulate a Master Tree Plan. The Master Tree Plan shall contain a long-term maintenance plan for trees along streets and in public places.

(6) Permits Required.

Planting, Maintenance, or Removal. No person shall plant, prune, remove, or otherwise disturb any tree on any street or city property without first filing an application and procuring a permit from the City Engineer.

(7) Adoption of Arboricultural Specifications and Standards of Practice.

    1. The City Tree Board shall develop and adopt Arboricultural Specifications and Standards of Practice, which shall govern as rules for the planting, maintenance, removal and replacement of trees in public places in the City. Copies of these rules shall be available for public inspection in the offices of the City Engineer.

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(b) The City Tree Board shall have the authority to amend these rules from time to time as necessary.

(8) Adherence to Standards.

(a) Planting. Any person planting or otherwise placing a tree on any street right of way or other public place shall do so in conformity with the rules and standards adopted pursuant to this ordinance.

(b) Improper Planting. Whenever any tree shall be set out in conflict with the provisions of this ordinance it shall be lawful for the City Engineer to order removal of the same, and the cost thereof shall be assessed to the adjoining property owner as provided by law in the case of special assessments.

(c) Maintenance. Whenever any public tree is to be sprayed, fertilized, pruned, or otherwise maintained under a permit issued by the City Engineer, all such work shall be done in accordance with the Arboricultural Specifications and Standards of Practice adopted pursuant to this ordinance.

    1. Removal and/or Replacement. When any public tree is to be removed and/or replaced, such work shall be done in accordance with the Master Tree Plan and the Arboricultural Specifications and Standards of Practice adopted pursuant to this ordinance.

(9) Planting, Removal, and Replacement of Public Trees.

(a) Planting. No person shall plant a tree on any street or in any park or other public place without first filing an application and receiving a permit from the City Engineer. Such planting shall be done in accordance this ordinance, and the Arboricultural Specifications and Standards of Practice.

(b) Removal and Replacement (City). Wherever it is necessary to remove a public tree because it is dead, diseased, damaged, dangerous or in connection with the paving of a sidewalk, or the paving of a street, the City shall remove such trees as determined by the City Engineer.

(c) Removal and Replacement (Private Citizen/Utility Companies). No person shall remove a public tree without a permit from the City Engineer. The tree shall be replaced by the person as directed in the permit from the City Engineer. The person shall bear the cost of such removal and replacement.

    1. Ownership and Maintenance of Public Trees. All trees now or hereafter planted on streets or highways, or in parks or other public places shall be the property of the City. The City shall assume future maintenance responsibility for said trees.

(10) Maintenance of Trees and Shrubs.

(a) Responsibility of Property Owners. It shall be the responsibility of any person owning any real property to maintain the trees or shrubs on that property so that they do not endanger or cause a nuisance to persons or property occupying adjoining streets, public places, or private properties. This responsibility shall include but not be limited to pruning, removal or other maintenance for the following reasons:

i. Said trees and shrubs shall be pruned in a manner so that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct the vision of traffic signs, obstruct view of any street or alley intersection, or obstruct the view of traffic using the street. The minimum clearance of any overhanging portion thereof shall be ten (10) feet over sidewalks, and twelve (12) feet over all streets except major streets which shall have a clearance of sixteen (16) feet.

ii. The pruning or removal of any dead, diseased, decayed or damaged trees or parts of trees that overhang or otherwise endanger persons or property on adjoining property, on streets, or in other public places.

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    1. The maintenance of clear vision triangles at street intersections

(b) Order to Prune. Should any person owning real property bordering on any street fail to prune trees as herein provided, the City Engineer shall order such person within ten (10) days after receipt of written notice, to so prune such trees.

(c) Notice Required. The order required herein shall be served by mailing a notice of the order to the property owner at the address shown on the tax roll in the City Assessors Office. Said notice shall be sent by certified mail.

(d) Failure to Comply. When a person to whom an order is directed, shall fail to comply within the specified time, it shall be lawful for the city to carry out the work ordered on such trees, and assess the exact cost thereof to the owner as provided by law in the case of special assessment.

(e) Immediate Danger. When the City Manager, after consulting with the City Engineer, shall determine that any tree is presenting an immediate danger to life or property, he shall have the authority to order its immediate removal. Said order shall be served upon the property owner in person. In the instance where the property owner is not immediately available, or able to perform the ordered removal, the City Manager may order such work done by the City personnel, or by a contractor hired by the City. If the City performs the work the cost of said work shall be assessed against the property owner as provided by law in the case of special assessments.

(11) Abuse or Mutilation of Public Trees. Unless specifically authorized by a permit from City no person shall intentionally damage, cut, carve, transplant or remove any tree.

(12) Interference with City Engineer or Department of Public Works. No person shall hinder, prevent, delay or interfere with the City Engineer or any of his assistants, or with any employees of the Department of Public Works, while they are engaged in carrying out the execution or enforcement of this ordinance, provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.

(13) Protection of Trees. All trees on any street or other public property near any excavation shall be guarded in a manner specified by the City. No person shall excavate any ditches, tunnels, trenches, or lay any driveway or other pavement within a radius of ten (10) feet off any public tree without obtaining permit from the City.

(14) Placing Materials on Public Property. No person shall deposit, place, store, or maintain upon any street, highway, park or other public place of the City, any stone, brick, sand, gravel, dirt, concrete, or other materials, which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein.

(15) Violation and Penalty. Any person, violating or failing to comply with any of the provisions of this ordinance, shall be guilty of a civil infraction punishable pursuant to M.O.C. Title 12, Chapter 1. Each day a violation continues shall be considered a separate violation.

(16) Legality of Ordinance and Parts Thereof. Should any section, clause or provision of this ordinance be declared by the Courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid.

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

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PUBLIC COMMENT:

Mayor Krah opened the public comment session.

Requests for personal property exemptions were received from Valu Tech on behalf of area industries and will be placed on the next agenda.

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

 

ADJOURN TO CLOSED SESSION TO DISCUSS PENDING LITIGATION:

A motion was made by Council Member Hudon and seconded by Council Member Fernstrum to adjourn to closed session to discuss pending litigation (Krygoski Construction Company, Inc. v City of Menominee, United States District Court, Western District of Michigan, Case No.: 04-CV-076).

AYES: Jasper, Krah, Mick, Plemel, Schloegel, Sorensen, Fernstrum, and Hudon

NAYS: None

This motion was carried unanimously.

 

RETURN TO OPEN SESSION:

A motion was made by Council Member Mick and seconded by Council Member Plemel to return to open session. This motion was carried unanimously.

 

ADJOURN:

A motion was made by Council Member Mick 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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