CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

JUNE 18, 2007

 

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, June 18, 2007 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:       Council Members Fernstrum, Hudon, Jasper, Mick, Organ, Pintarelli, and Schloegel Mayor Krah

ABSENT:         Council Member Sorensen (excused)

 

PRESENT:  8                ABSENT:  1

 

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

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to delete Reports of Standing Committees item #5 The Parks and Recreation/Buildings and Grounds Committee on the request from Keith Boye to use wastewater treatment plant property from the agenda and to approve the amended agenda for the meeting dated June 12, 2007.  This motion was carried unanimously.

 

There being no additions or corrections to either the minutes of the regular meeting of May 21, 2007, the minutes stood approved as presented.

 

PUBLIC HEARINGS:

 

Mayor Krah then opened the public hearing called for the purpose of hearing citizen comments on a proposed amendment to M.O.C. 8:3.1, Section 4 – Annual Appropriation Bill for Fiscal Year July 1, 2007 – July 1, 2008.

 

No one was heard.

 

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

 

Mayor Krah then opened the public hearing on the application from Middleby Marshall Holding, LLC, dba Nu-Vu Food Service Systems 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.

Regular Council Proceedings

June 18, 2007

Page Two

 

 

 

Mayor Krah then opened the public hearing on the application from Middleby Marshall Holding, LLC, dba Nu-Vu Food Service Systems for an industrial facilities exemption.

 

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:

 

Mayor Krah 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 Mick and seconded by Council Member Schloegel to close the public comment session.  This motion was carried unanimously.

 

REPORTS OF OFFICERS:

 

Mayor Krah submitted for confirmation the appointment of James Zobel to the Zoning Board of Appeals as an alternate, replacing Robert Duffrin who resigned, with his term to expire on October 15, 2008.

 

A motion was made by Council Member Fernstrum 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 May 2007 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

 

            General Fund in the amount of $212,694.44

            River Park Fund in the amount of $8,069.58

 

S/FINANCE 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 Finance Committee reported that they had reviewed a proposed project at the former Grant School, 3800-13th Street, to be undertaken by The Hovey Companies, L.L.C., and they recommended to city council to proceed with the 2% PILOT project and that the City Attorney and City Manager draft the required ordinance.

 

S/FINANCE COMMITTEE

Regular Council Proceedings

June 18, 2007

Page Three

 

 

 

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

 

COMMITTEE REPORT:

 

The Finance Committee reported that they had reviewed the 2007-2008 mill rate for the collection and disposal of garbage and they recommended correcting the amount to 2.9721.

 

S/FINANCE COMMITTEE

 

A motion was made by Council Member Organ and seconded by Council Member Mick 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 a large project proposal and they recommended to city council that they authorize the engagement of expert outside counsel to assist the City with the development proposal within the current budgeted amount in the city attorney’s budget.

 

S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE

 

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

 

COMMITTEE REPORT:

 

The Parks and Recreation/Buildings and Grounds Committee reported that they had reviewed the request from Scott Beck and CyberZone to place an antenna on the water tower and they recommended allowing access to the tower for testing of equipment to determine suitability of operation and that the city manager be the contact person. 

 

S/PARKS AND RECREATION/BUILDINGS AND GROUNDS 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 bids received by the Michigan Department of Transportation for the mill and pave street project on 1st Street, 18th Street, and 38th Avenue and they recommended rejecting the bids due to the amount being far over the amount of the estimate.

 

S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE

Regular Council Proceedings

June 18, 2007

Page Four

 

 

 

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

 

COMMITTEE REPORT:

 

The Special Projects/Community Relations Committee reported that they had reviewed the Menominee County Family Court's "Adopt-A-Spot" placement of a sign at Duby Park and they recommended duplicating the mounting hardware of sign at the foot of the Menekaunee Bridge.

 

S/SPECIAL PROJECTS/COMMUNITY RELATIONS COMMITTEE

 

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

 

AYES:  Jasper, Schloegel, and Hudon

NAYS: Krah, Mick, Organ, Pintarelli, and Fernstrum

 

This motion failed to carry.

 

A motion was made by Council Member Pintarelli and seconded by Council Member Mick to accept the City Manager’s recommendation to approve the project with the posts that were originally planned and that any landscaping installed by the group must be approved by the Public Works Director.

 

AYES:  Krah, Mick, Organ, Pintarelli, and Fernstrum

NAYS: Schloegel, Hudon, and Jasper

 

This motion was carried.

 

COMMITTEE REPORT:

 

The Planning Commission reported that a public hearing was held on amending M.O.C. 11:1.720 to include Passenger Ferry Terminal as an allowed special use in an M-1 district, that no objections to the ordinance amendment were heard, that the findings of fact on this request were completed as follows and they recommended to the city council that they approve the amendment. 

 

11.1.1340          Findings of Fact Required.

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full, along with its resulting recommendations for the proper disposition of the petition to the City Council. The facts to be expressly considered by the planning commission shall include, but shall not be limited to, the following

 

(1)        What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning?  Section 207 of the Zoning Enabling act (Act 110 of 2006) provides that a zoning ordinance shall not have the effect of totally prohibiting the establishment of a land use within a local unit of government in the presence of a demonstrated need for that land use within the unit.  Since a passenger ferry is now operating within the city, it becomes mandatory to provide a location within the city where a ferry terminal is an allowed use.

Regular Council Proceedings

June 18, 2007

Page Five

 

 

 

(2)        What, if any, error in judgment, procedure or administration was made in the original ordinance which justifies the petitioned change in zoning?  There was no error in judgment, procedure or administration made in the original ordinance.  A demonstrated need for this land use did not exist at that time.

(3)        What is the precedent and the possible effects of such precedent which might result from the approval or denial of the petition?  The precedent established by this amendment is nothing more or less than compliance with a state statute, which is desirable.

(4)        What is the impact of the amendment on the ability of the city and other governmental agencies to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved?  This amendment will not impact the ability of the city and other governmental agencies to provide adequate public services and facilities and/or programs.

(5)        Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property?  No impact on environmental conditions or property values are anticipated.

(6)        Does the petitioned zoning change generally comply with the adopted Menominee General Plan?  The petitioned zoning change generally complies with the adopted Menominee General Plan.

(7)        Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: (1) Surface water drainage problems (2) Wastewater disposal problems (3) Adverse effect on surface or subsurface water quality (4) The loss of valuable natural resources (such as forest, wetlands, historic sites, wildlife or mineral deposits).  No adverse environmental effects are anticipated.

 

S/PLANNING COMMISSION

 

A motion was made by Council Member Fernstrum and seconded by Council Member Mick to adopt the foregoing report and to schedule a public hearing for the next regular council meeting.  This motion was carried unanimously.

 

COMMITTEE REPORT:

 

The Planning Commission reported that they had held a public hearing on the request from Thomas E. and Penny J. Bourque to rezone the property at 1313-11th Avenue from R-2 (Residential) to C-1 (Commercial) (this property is legally described as: Sec 3 T31N R27W prt of SE 1/4 NE 1/4 beg 75’ E from NE cor of Lot 5 Stephensons Add th E 45’ th S 99’ th W 45’ th N 99’ to POB.  Parcel No. 1105-000), that no comments were heard, that the findings of fact were completed as follows, and they recommended to the city council that they approve rezoning the property located at 1313-11th Avenue from R-2 to C-1:

 

11.1.1340          Findings of Fact Required.

In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full, along with its resulting recommendations for the proper disposition of the petition to the City Council. The facts to be expressly considered by the planning commission shall include, but shall not be limited to, the following

 

(1)        What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning?  Over time, there has been a steady increase in the size of commercial development, and a corresponding increase in the desired depth of commercial parcels.  This has led to a condition where it becomes necessary from time to time to increase the depth of existing commercial zones to accommodate particular developments. 


Regular Council Proceedings

June 18, 2007

Page Six

 

 

 

The proposed rezoning reflects the need for a small adjustment to the boundary of the adjacent commercial district to accommodate a proposed development.

(2)        What, if any, error in judgment, procedure or administration was made in the original ordinance which justifies the petitioned change in zoning?  There was no error in judgment, procedure or administration made in the original ordinance.

(3)        What is the precedent and the possible effects of such precedent which might result from the approval or denial of the petition?  The precedent established by this amendment is desirable in that other similar commercial zones exist throughout the city, and this amendment would establish the city’s willingness to make reasonable accommodation of the need for additional depth that is likely to occur..

(4)        What is the impact of the amendment on the ability of the city and other governmental agencies to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved?  This amendment will not impact the ability of the city and other governmental agencies to provide adequate public services and facilities and/or programs.

(5)        Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property?  No impact on environmental conditions or property values are anticipated.

(6)        Does the petitioned zoning change generally comply with the adopted Menominee General Plan?  The petitioned zoning change generally complies with the adopted Menominee General Plan.

(7)        Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: (1) Surface water drainage problems (2) Wastewater disposal problems (3) Adverse effect on surface or subsurface water quality (4) The loss of valuable natural resources (such as forest, wetlands, historic sites, wildlife or mineral deposits).  No adverse environmental effects are anticipated.

 

S/PLANNING COMMISSION

 

A motion was made by Council Member Organ and seconded by Council Member Mick to adopt the foregoing report and to schedule a public hearing for the next regular council meeting.  This motion was carried unanimously.

 

MOTIONS AND RESOLUTIONS:

 

The first item under motions and resolutions as the following ordinance amendment:

 

TITLE  8:       TAXING, FINANCIAL

CHAP. 3:        BUDGETS, APPROPRIATIONS                                                                          8:3.1

 

ORDINANCE:             ADOPTING THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 30, 2008.

 

SECTION 4.     For the purpose of maintaining the garbage system for collection and disposal of garbage in the city pursuant to 5.2681 MSA a tax levy of 2.9856 2.9721 mills on the dollar of all taxable property in the city according to valuation of the same, which amount is included in the amount appropriated in Section 1, is hereby provided and appropriated.

Regular Council Proceedings

June 18, 2007

Page Seven

 

 

 

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

 

AYES:  Krah, Mick, Organ, Pintarelli, Schloegel, Fernstrum, Hudon, and Jasper

NAYS: None

 

This motion was carried unanimously.

 

The following resolution was the next agenda item:

 

A RESOLUTION APPROVING

A NEW PERSONAL PROPERTY EXEMPTION APPLICATION FOR

MIDDLEBY MARSHALL HOLDING, LLC

dba NU-VU FOOD SERVICE SYSTEMS

LOCATED AT 5600-13th STREET, MENOMINEE, MICHIGAN

 

 

WHEREAS, pursuant to P.A. 328 of 1998, as amended, after a duly noticed public hearing held on June 18, 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. 1 on January 20, 1975;

 

WHEREAS, Middleby Marshall Holding, LLC, dba Nu-Vu Food Service Systems, 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 June 18, 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 January 1, 2008 and ending tax year January 1, 2018; and

 

3)         The Application submitted by Middleby Marshall Holding, LLC, dba Nu-Vu Food Service Systems 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 January 20, 1975;

 

Plat of Menominee Industrial Park No. 1 Lots 4, 5 & 6

Regular Council Proceedings

June 18, 2007

Page Eight

 

 

 

 

A motion was made by Council Member Fernstrum and seconded by Council Member Jasper to adopt the foregoing resolution. 

 

AYES:  Mick, Organ, Pintarelli, Schloegel, Fernstrum, Hudon, Jasper, and Krah

NAYS: None

 

This motion was carried unanimously.

 

The following resolution was considered next:

 

A RESOLUTION APPROVING THE APPLICATION

OF MIDDLEBY MARSHALL HOLDING, LLC

dba NU-VU FOOD SERVICE SYSTEMS

FOR A FACILITIES EXEMPTION CERTIFICATE

FOR ITS FACILITY IN

MENOMINEE INDUSTRIAL DEVELOPMENT DISTRICT NO. 1

 

 

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. 1 on January 20, 1975;

 

WHEREAS, Middleby Marshall Holding, LLC, dba Nu-Vu Food Service Systems 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. 1;

 

WHEREAS, before acting on said application, the Menominee City Council held a hearing on June 18, 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 April 26, 2007, the date of acceptance of the original Application for an 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.

Regular Council Proceedings

June 18, 2007

Page Nine

 

 

 

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 Middleby Marshall Holding, LLC, dba Nu-Vu Food Service Systems 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. 1, to wit:

 

Plat of Menominee Industrial Park No. 1 Lots 4, 5 & 6

 

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 Organ to adopt the foregoing resolution.

 

AYES:  Organ, Pintarelli, Schloegel, Fernstrum, Hudon, Jasper, Krah, and Mick

NAYS: None

 

This motion was carried unanimously.

 

PUBLIC COMMENT:

 

Mayor Krah opened the public comment session.

 

Steve Paliewicz, Acting MAPS Superintendent, 1123-11th Avenue, spoke regarding sharing payroll and information technology services between the city and school system.

 

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.

 

COUNCIL COMMENTS:

 

Council Member Organ asked what the status was of Lloyd Flanders.  Mr. Strahl said it was just starting to be looked into.  Council Member Organ said he wants to be included as this progresses.  Mr. Strahl said it will be narrowed down to save time as action time nears.

Regular Council Proceedings

June 18, 2007

Page Ten

 

 

 

Council Member Schloegel asked if residency requirements could be eased.  Mr. Jamo said that many are covered by state statute and required to be city residents.

 

ADJOURN:

 

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

 

 

 

 

 

 

Thomas F. DeNike, City Clerk/Treasurer

 

 

 

 

/skj