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

PRESENT: 9 ABSENT: 0

A motion was made by Council Member Plemel and seconded by Council Member Sorensen to approve the agenda for the meeting dated April 15, 2004. This motion was carried unanimously.

A motion was made by Council Member Fernstrum and seconded by Council Member Hudon to approve the minutes of the regular meeting of March 15, 2004 with the correction of adding "and guests" to the Old Water Plant Building Use Policy. This motion was carried unanimously.

Mayor Krah opened the hearing on Condemnation Case CB #02-003, the property at 2104-14^th Avenue.

Mr. Ellery said there was an error in the notice concerning the time, and this needed to be heard again.

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

Mayor Krah then opened the hearing on a proposed MDEQ Coastal Management grant project to install lighting along 850' of walkway in the downtown area.

No one was heard.

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

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Mayor Krah opened the next hearing on a proposed CDBG grant project for an economic development planning project grant for the downtown district.

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 final hearing, which was called for the purpose of hearing comments on the proposed amendments to Menominee Ordinance Code 11:1 - Zoning.

No one was heard.

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

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

Dale Pape spoke on the Krygoski lawsuit. He read a prepared statement and asked if it could be determined who contaminated the property. The City was saddled with clean up - EPA caused 400 tons of removal. He felt Mr. Krygoski should be reimbursed for his large expenses.

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.

The first item under communications was the following letter:

"March 4, 2004

Mayor George Krah

Mr. Tony Furton

City Council Members

City Hall - 2511 Tenth St. - Menominee, MI 49858

Dear City Officials:

As small business owners, we are proud to be located in the historic district of Menominee. We feel there is a wealth of beauty and heritage surrounding our endeavors. Our entrepreneurial spirit motivates us to seek further ways to beautify an already breathtaking vista, thereby increasing our success ratio.

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As a group, there is a feeling that we contribute much to the health of Menominee. Downtown businesses play a vital role in the overall well being of most small communities.

The property located at 725 First Street has been in severe disrepair for nearly six months. We realize the property is for sale, but believe the sale will be near impossible due to the amount of work and capital necessary to bring it up to standards. In addition to being an obvious eyesore, it certainly is a liability for our city with a walkway created directly below the loose and falling bricks. If the barricade is enforced to the building, it will force pedestrians into traffic, creating another liability.

We are requesting a rapid resolution to the problem, before our main season arrives. Our guests need to see a healthy, robust downtown with our buildings in good repair.

Please enter into a repair or condemnation agreement with the owner that keeps all of our interests in mind. The downtown businesses, our community and the city deserve a Main Street we can feel safe walking on while enjoying the beauty.

Thank you for your prompt attention to this matter.

With all due respect,

Menominee Downtown Businesses"

A motion was made by Council Member Plemel and seconded by Council member Jasper to receive the foregoing communication and place it on file. This motion was carried unanimously.

The next communication was a request from CUPPAD for the election of a representative to serve on their commission to complete Laurie Stupak's term.

A motion was made by Council Member Mick and seconded by Council Member Organ to elect Mayor George W. Krah to fill the term which will expire on October 1, 2004. This motion was carried unanimously.

Under reports of officers, Mayor Krah read the following statement:

"Last Thursday morning I attended the Parks and Recreation Committee meeting. One item was on the agenda: Rotary Playground Project Location

After listening to a lengthy debate concerning the location, I feel that we, as elected officials, chose to literally close the door on the Rotary and its playground steering committee.

Let me say I have no problem with good healthy discussion and debate, but as I listened, all of a sudden the steering committee had to get in a defensive mode on why they wanted to present this gift to the community. I had to ask myself, why?

Is that our intentions as elected officials? I hope not. What precedent did we set here?

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Having a service organization or anyone come before this council with a gift of approximately $100,000 or more, and we turned it into a negative circumstance. Again, I ask myself, why?

We talk about representing our constituents. I don't believe the majority of our constituents felt represented Thursday morning by any of us.

Is this the image we want to put out there for future organizations and individuals - basically saying working with Menominee City government is a real challenge.

Or do we want to encourage individuals and organizations to come before city government - because they will know and feel we will work with them in a proactive, positive and can do atmosphere.

I feel it is an insult to the Rotary (especially celebrating its upcoming 100^th anniversary) and its steering committee by not having this on the council agenda this evening.

Our responsibility as council members is to at least move items on to council without a recommendation if need be. Then we as a whole council can deal with whatever the issue. By not doing that I feel we shirked our responsibility.

I think we should evaluate why we are elected officials.

It is not for personal agenda. It is not to discourage groups of constituents by having our heads stuck in the sand. It is to represent our citizens in a positive way, and hopefully by doing this, our community will reflect positivity and progress."

Mayor Krah also reported on his appointments of the following persons to serve on the Economic Development Citizen Advisory Committee:

Gene Davenport Jim Parrett Laurie Stupak

Nancy Douglas Sylvie Nelson Bob Duffrin

Kim VanOsdol Brian Neumeier Todd Schloegel

Mark Jasper Anthony Furton George Krah

Mayor Krah then submitted the following reappointments for confirmation:

• Patricia Johnson and Marie Swanson to the Historic District Commission with their terms to expire on May 11, 2007; and

• Rosemary Beauclaire to the Water and Wastewater Utility Board with her term to expire on May 1, 2009.

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

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The next item was the City Assessor's filing of the certified special assessment roll for the special assessment on 14^th Street, 15^th Street, and 42^nd Avenue for street reconstruction as follows:

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A motion was made by Council Member Schloegel and seconded by Council Member Organ that Council Member Jasper be allowed to abstain from voting. This motion was carried unanimously.

A motion was made by Council Member Plemel and seconded by Council Member Sorensen to receive the foregoing report and place it on file. This motion was carried unanimously with an abstention by Council Member Jasper.

COMMITTEE REPORT:

At a meeting held April 12, 2004 the Finance Committee reviewed the claims for the month of March 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $382,104.68

S/FINANCE 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 April 12, 2004 the Finance Committee reviewed the ACH transfers for the month of March 2004 and they recommended that the following transfer be approved:

MERS $7,530.04

and further recommended approval of future ACH transfers for MERS contributions as long as the budgeted amount was not exceeded.

S/FINANCE 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.

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At an April 12, 2004 meeting the Finance Committee reviewed proposed amendments to the Marina Management Group's budget (fiscal year end 10/31/03) and they recommended that the following amounts be approved:

Harbor roof replacement budget $13,500

Roof bid contract overage $10,199

Building repairs due to roof leak $ 8,201

Roof Adjustment $18,400

Total $31,900

Expansion additional expenses

Gutters Bathroom heat

Computers Water piping

Fountain Base trim, door

Sump pump Sound system

Humidistats Phone, computer cableing

Landscaping Carts

Dock boxes Misc. building items $15,525

Michigan Waterways Sign & Install $ 3,519

S/FINANCE COMMITTEE

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

At an April 12, 2004 meeting the Finance Committee reviewed the rising costs of the City's insurance coverage and they recommended that the City solicit proposals for an insurance consultant to look at cost savings options.

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.

At an April 12, 2004 meeting the Finance Committee reviewed emergency repair work done by Chrisman Construction to the building at 725 First Street and they recommended that his bill in the amount of $725.00 be paid and they further recommended authorizing $1,300 for additional stabilization of the wall at this location with all proceedings to be in accordance with city ordinance and to bill the property owner for all expenses incurred.

S/FINANCE COMMITTEE

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

At a March 31, 2004 meeting the Public Works Committee reviewed the proposal from Emerson Tool Company for the addition of a continuous 322' x 6' sidewalk to run east west along the south side of 19^th Avenue between 12^th and 13^th Streets and they recommended splitting the cost 50/50 for a 5' wide sidewalk to be laid.

S/PUBLIC WORKS 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.

At a March 31, 2004 meeting the Public Works Committee reviewed proposed sidewalk projects recommended by the City Engineer for the following areas:

• 23^rd Avenue from 15^th to 18^th Streets
• 20^th Avenue from 13^th to 18^th Streets
• 11^th Avenue from 11^th to 13^th Streets
• 15^th Street from 18^th to 20^th Avenue
• 1^st Street from 4^th Avenue to the South

and they recommended that the projects be referred to the City Engineer for estimates to begin the special assessment process.

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.

At a March 31, 2004 meeting the Public Works Committee reviewed the procedure for Spring Clean Up and they recommended adopting the following procedure for this year:

• The full crew will be ran for one week beginning on May 10^th.
• Rubbish will be placed curbside the prior weekend.
• Three rear fill garbage trucks will be rented.
• The rubbish bins will be open from 9 a.m. until 7 p.m. for three days (Wednesday, Thursday, and Friday) during the week prior to curbside pickup.
• Brush pickup will be done the week of May 3^rd with brush being placed curbside the prior weekend.

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• Tires will be accepted at the bins for one day (May 15^th) only at the cost of $3.00 per tire.

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.

At a February 9, 2004 meeting the Special Projects Committee reviewed the nominations for the Community Service Award and they recommended that the following resolutions be adopted and that this award be given to Jim Callow, Ronald "Satch" Englund, and the Emergency Rescue Squad:

WHEREAS, Jim Callow is a devoted volunteer in the City of Menominee; and

WHEREAS, Jim Callow has volunteered and served on the Waterfront Festival Committee since its inception, and is responsible for hiring all of the bands and entertainment for the festival, giving countless hours of his time for the success of the festival; and

WHEREAS, Jim Callow generously lends his time, expertise, and equipment for numerous City events; and

NOW, THEREFORE, BE IT RESOLVED, by the Menominee City Council on this 19^th day of April 2004 that Jim Callow be awarded the Community Service Award for 2003 by the City of Menominee at the Annual Meeting of the River Cities Regional Chamber of Commerce.

WHEREAS, Ronald "Satch" Englund has devoted a lifetime to coaching youth athletics in the community; and

WHEREAS, Ronald "Satch" Englund during the past forty years has coached all levels of youth athletics including Little League Baseball, Pop Warner Football, girls grade school through high school basketball, boys basketball at various levels, and high school varsity football, among others; and

WHEREAS, Ronald "Satch" Englund has contributed positively to the moral and character building of an endless number of young adults in our community;

NOW, THEREFORE, BE IT RESOLVED, by the Menominee City Council on this 19^th day of April 2004 that Ronald "Satch" Englund be awarded the Community Service Award for 2003 by the City of Menominee at the Annual Meeting of the River Cities Regional Chamber of Commerce.

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WHEREAS, the Emergency Rescue Squad has provided the Tri-City area with unexcelled service to all who have called for such service for the past fifty-seven (57) years; and

WHEREAS, the Emergency Rescue Squad provides this service free of charge; and

WHEREAS, the Emergency Rescue Squad was the first volunteer organization of its type in existence in the country; and

WHEREAS, the members of the Emergency Rescue Squad, in addition to the donation of the hours required to train for and provide the services they render, also exert enormous efforts to provide the funds required to provide their services;

NOW, THEREFORE, BE IT RESOLVED, by the Menominee City Council on this 19^th day of April 2004 that the Emergency Rescue Squad be awarded the Community Service Award for 2003 by the City of Menominee at the Annual Meeting of the River Cities Regional Chamber of Commerce.

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.

At an April 12, 2004 meeting the Special Projects Committee reviewed the following resolution proclaiming Head Start Month and they recommended that the resolution be adopted:

WHEREAS, Head Start has been a quality early childhood program operating locally since the mid 1960's; and

WHEREAS, Head Start provides comprehensive services in the areas of early childhood education, health and nutrition, and social-emotional development; and

WHEREAS, Head Start serves the entire family with emphasis on parental involvement; and

WHEREAS, Head Start also gives parents a chance to learn job skills, provides educational and tutoring services, and an opportunity to increase parenting skills; and

WHEREAS, local Head Start staffing is made up of more than 25% past or current parents of Head Start children; and

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WHEREAS, Head Start has earned an outstanding reputation as a most successful program that not only responds to social challenges, but has proven effective in reducing future grade retention, delinquency, school dropout, unemployment and criminal activity; and

WHEREAS, Head Start is composed of young children, loving families, dedicated staff and volunteers, and outstanding community supporters; and

WHEREAS, the Head Start spirit, a very positive attitude where goals are identified and progress is recognized, has made an impact on families to the extent that the community is a better place, especially for our children;

NOW, THEREFORE, WE, the Menominee City Council do hereby proclaim April 2004 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 COMMITTEE

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

At a March 9, 2004 meeting a public hearing was held on the proposed new zoning ordinance (Menominee Ordinance Code Title 11) and that no objections to the ordinance were heard, and they recommended to the city council that they approve the new zoning ordinance.

S/PLANNING COMMISSION

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

The first item under motions and resolution was a motion regarding the order of the Condemnation Board for Case # CB02-003 (2104-14^th Avenue).

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

A motion was made by Council Member Organ and seconded by Council Member Hudon to amend the motion to modify the order to allow the owner the time required for her case against her insurance company to be concluded until the August 16, 2004 City Council meeting. This motion was carried unanimously.

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The next item on the agenda was the ordinance amending M.O.C. Title 11 - Zoning as follows:

TABLE OF CONTENTS

MENOMINEE ORDINANCE CODE

TITLE 11 - ZONING AND PLANNING

Chapter 1 - Zoning.

PREAMBLE

11:1.101 Short Title

11:1.102 Purposes

11:1.103 Severability

11:1.104 Relationship to Other Laws

11:1.105 Administrative Standards

11:1.106 Effective Date

11:1.107 Application of this Chapter

11:1.108 Exemptions

11:1.201 Purpose

11:1.202 Definitions

11:1.203 Interpretive Definitions

11:1.301 Administration

11:1.302 Relief from Personal Responsibility

11:1.303 Duties of the Code Enforcement Officer

11:1.310 Duties of the Planning Commission

11:1.320 Zoning Permits

11:1.330 Administrative Provisions

11:1.331 Suspension of Permit

11:1.332 Previous Approvals

11:1.333 Revocation of Permits

11:1.334 Inspections

11:1.335 Fees

11:1.340 Certificate of Use and Occupancy

11:1.341 Certificates for Existing Buildings

11:1.342 Administration of Zoning Permits and Certificates of Occupancy

11:1.351 Violations and Penalties

11:1.352 Enforcement Procedures

11:1.410 Creation and Membership

11:1.411 Establishment

11:1.412 Membership and Terms of Office

11:1.415 Powers

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11:1.420 Organization and Procedures

11:1.421 Rules of Procedure

11:1.422 Meetings

11:1.423 Records

11:1.424 Hearings

11:1.425 Notification

11:1.501 Purpose

11:1.510 General Regulations

11:1.511 Access to a Street

11:1.512 Rear Dwelling Prohibited

11:1.513 Unsafe Buildings

11:1.514 Grading and Filling of Property

11:1.515 Required Water Supply and Sanitary Sewerage Facilities

11:1.516 Soil Erosion and Sedimentation

11:1.517 Use of Structure for Temporary Dwelling

11:1.518 Temporary Buildings

11:1.520 Supplementary Use Regulations

11:1.521 Accessory Buildings - Allowable Area

11:1.522 Parking of Commercial Vehicles in Residential Districts

11:1.523 Parking in Front and Other Yards

11:1.524 Lots Divided Between Two or More Districts.

11:1.530 Supplementary Area Regulations

11:1.531 Exception to Required Lot Area for Residential Districts

11:1.532 Lot Area Can be Allocated Once

11:1.533 Lot Division

11:1.540 Supplementary Yard Regulations

11:1.541 Rear Yard Reduction

11:1.542 Permitted Yard Encroachments

11:1.543 Other Uses Prohibited in Residential Yards.

11:1.550 Supplementary Height Regulations

11:1.551 Permitted Exceptions - Structural Appurtenances

11:1.552 Permitted Exceptions - Residential Districts

11:1.553 Permitted Exceptions - Business and Industrial Dis