CITY OF
MENOMINEE, MICHIGAN
REGULAR
COUNCIL PROCEEDINGS
JUNE 19,
2006
A
regular meeting of the Menominee City Council, City of Menominee, County of
Menominee, State of Michigan, was held Monday, June 19, 2006 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,
Pintarelli, Schloegel,
and Sorensen
ABSENT: None
PRESENT: 9 ABSENT: 0
A
motion was made by Council Member Jasper and seconded by Council Member Hudon
to add a communication from Cindy Boyle and to remove item #11 under reports of
standing committees from the agenda and to approve the agenda for the meeting
dated June 13, 2006. This motion was
carried unanimously.
There
being no additions or corrections to the minutes of the regular meeting of May
15, 2006 or the special meeting of June 12, 2006 the minutes stood approved as
presented.
PUBLIC
HEARINGS:
Mayor Krah opened the public hearing called for the
purpose of hearing citizen comments on the proposed amendment to M.O.C. 1:3.1
(7) – Compensation of Officers – City Manager’s salary.
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.
Mayor Krah opened the public hearing called for the
purpose of hearing citizen comments on proposed amendments to M.O.C. 10:1.1 –
Water and Sewer Rates.
No one was heard.
A motion was made by Council
Member Jasper and seconded by Council Member Fernstrum to close the public
hearing. This motion was carried
unanimously.
Regular Council Proceedings
June 19, 2006
Page Two
PUBLIC
COMMENT:
Mayor Krah opened the public comment session called
for the purpose of hearing citizen comments on agenda items only.
Mark Nygren, 2109 Shore Drive, Marinette WI, spoke as
the M&M Yacht Club Commodore and said he would like the opportunity to meet
with the City to negotiate a new lease agreement.
A motion was made by Council Member Jasper and
seconded by Council Member Fernstrum to close the public comment session. This motion was carried unanimously.
COMMUNICATIONS:
An oral a communication and video were presented by
Marla Tuinstra and Ron Henrickson who were representing the Front 40
Environmental Fight on the proposed mine in Menominee County. They said they were looking for anti-mining
support.
Ike Stephenson, 1818 First Street, spoke in regard to
the M&M Yacht Club lease. (This
should have been done under public comment.)
Cindy Boyle, Boyle Design Group, was looking for
support of a two page ad at the cost of $1,500 that would be split between the
City, County, and Business Development Corporation. This will be reviewed by the Finance and Special
Projects/Community Relations Committees.
COMMITTEE REPORT:
The Finance Committee reported
that they reviewed the claims for May 2006 and they recommended that checks be
drawn on the treasurer in payment of the bills as follows:
General
Fund in the amount of $359,377.00
River
Park Fund in the amount of $3,666.27
S/FINANCE
COMMITTEE
A motion was made by Council Member Fernstrum 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 solicit proposals
for audit services and they recommended soliciting proposals for audit services
for the next three fiscal years.
S/FINANCE COMMITTEE
Regular Council Proceedings
June 19, 2006
Page Three
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 need to update the Historic District Commission ordinance for
Certified Local Government approval and they recommended scheduling a public
hearing on the ordinance and approving the ordinance contingent upon review by
the City Attorney.
S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE
A motion was made by Council Member Fernstrum 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 agreement between the City and the M&M Yacht Club that has
expired and they recommended extending the current agreement through September
2008 and that the M&M Yacht Club be responsible for payment of the taxes,
with the City Attorney to negotiate the two year extension to include
utilities, insurance, and consider capital improvements to reduce the overall
rental charges.
S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE
A motion was made by Council Member Sorensen and
seconded by Council Member Schloegel to adopt the foregoing report as amended.
AYES: Sorensen,
Fernstrum. Hudon, Jasper, Krah, Mick, Organ, Pintarelli, and Schloegel
NAYS: None
This motion was carried unanimously.
COMMITTEE REPORT:
The
Parks and Recreation/Buildings and Grounds Committee reported that they had
reviewed Marian Lambrecht’s donation of a park bench in memory of Sara Lambrecht
that would be placed in front of the Old Water Plant and they recommended that
this donation be accepted.
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.
Regular Council Proceedings
June 19, 2006
Page Four
COMMITTEE REPORT:
The
Parks and Recreation/Buildings and Grounds Committee reported that they had
reviewed purchasing the property located at 2104-14th Avenue (Parcel
# 55-051-013-700-00, Carpenters and Harmons 1st Add Lot 8 Blk 2)
that was foreclosed on by Menominee County and they recommended declining the
purchase of this property.
A motion was made by Council Member Organ and seconded
by Council Member Hudon to adopt the foregoing report.
AYES: Schloegel,
Sorensen, Fernstrum, Hudon, Jasper, Krah, Mick, Organ, and Pintarelli
NAYS: None
This motion was carried unanimously.
COMMITTEE REPORT:
The
Public Safety/Public Works Committee reported that they had reviewed the one
mill tax for street repair/maintenance and they recommended proceeding with
renewal of the mill at the November General Election.
S/PUBLIC SAFETY/PUBLIC WORKS 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
Public Safety/Public Works Committee reported that they had reviewed storm
sewer upgrades as part of the Michigan Department of Transportation’s 2007
reconstruction of US-41 and they recommended proceeding with the upgrades as
paid for by the MDOT.
S/PUBLIC SAFETY/PUBLIC WORKS 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.
COMMITTEE REPORT:
The
Public Safety/Public Works Committee reported that they had reviewed the annual
Michigan Department of Transportation Performance Resolution as follows and
they recommended that it be adopted:
Regular
Council Proceedings
June
19, 2006
Page
Five
PERFORMANCE RESOLUTION FOR GOVERNMENTAL BODIES
This Performance Resolution is
required by the Michigan Department of Transportation for purposes of issuing
to a municipal utility an “Individual Permit for Use of State Trunkline Right
of Way” (form 2205) or an “Annual Application and Permit for Miscellaneous
Operations within State Trunkline Right of Way (form 2205B).
RESOLVED, WHEREAS, the City of
Menominee hereinafter referred to as the "GOVERNMENTAL BODY"
periodically applies to the Michigan Department of Transportation, hereinafter
referred to as the "DEPARTMENT" for permits, referred to as
"PERMIT", to construct, operate, use and/or maintain utility or other
facilities, or to conduct other activities, on, over, and under state trunkline
right of way at various locations within and adjacent to its corporate limits.
NOW, THEREFORE, in consideration
of the DEPARTMENT granting such PERMIT the GOVERNMENTAL BODY agrees that:
Each party shall remain
responsible for any claims arising out of their own acts and/or omissions
during the performance of this Agreement, as provided by law.
This Agreement is not intended
to increase either party’s liability for, or immunity from, tort claims.
This Agreement is not intended
nor shall it be interpreted, as giving either party hereto a right of
indemnification, either by Agreement or at law, for claims arising out of the
performance of this Agreement.
1.
Any
work performed for the GOVERNMENTAL BODY by a contractor or subcontractor will
be solely as a contractor for the GOVERNMENTAL BODY and not as a contractor or
agent of the DEPARTMENT. Any claims by
any contractor or subcontractor will be the sole responsibility of the
GOVERNMENTAL BODY. The DEPARTMENT shall
not be subject to any obligations or liabilities by vendors and contractors of
the GOVERNMENTAL BODY, or their subcontractors or any other person not a party
to the PERMIT without its specific prior written consent and notwithstanding
the issuance of the PERMIT.
2.
The
GOVERNMENTAL BODY shall take no unlawful action or conduct, which arises either
directly or indirectly out of its obligations, responsibilities, and duties
under the PERMIT which results in claims being asserted against or judgment
being imposed against the State of Michigan, the Michigan Transportation
Commission, the DEPARTMENT, and all officers, agents and employees thereof and
those contracting governmental bodies performing permit activities for the
DEPARTMENT and all officers, agents, and employees thereof, pursuant to a
maintenance contract. In the event that
the same occurs, for the purposes of the PERMIT, it will be considered as a
breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT,
and/or the Michigan Transportation Commission a right to seek and obtain any
necessary relief or remedy, including, but not by way of limitation, a judgment
for money damages.
Regular Council Proceedings
June 19, 2006
Page Six
3.
It
will, by its own volition and/or request by the DEPARTMENT. promptly restore
and/or correct physical or operating damages to any State trunkline right of
way resulting from the installation construction, operation and/or maintenance
of the GOVERNMENTAL BODY’S facilities according to a PERMIT issued by the
DEPARTMENT.
4.
With
respect to any activities authorized by PERMIT, when the GOVERNMENTAL BODY
requires insurance on its own or its contractor’s behalf it shall also require
that such policy include as named insured the State of Michigan, the
Transportation Commission, the DEPARTMENT, and all officers, agents, and
employees thereof and those governmental bodies performing permit activities
for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to
a maintenance contract.
5.
The
incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not
prevent the DEPARTMENT from requiring additional performance security or
insurance before issuance of a PERMIT.
6.
This
resolution shall continue in force from the date until cancelled by the
GOVERNMENTAL BODY or the DEPARTMENT with no less than thirty (30) days prior
written notice to the other party. It
will not be cancelled or otherwise terminated by the GOVERNMENTAL BODY with
regard to any PERMIT which has already been issued or activity which has
already been undertaken.
BE IT FURTHER RESOLVED, that the
following position(s) are authorized to apply to the Michigan Department of
Transportation for the necessary permit to work within state trunkline right of
way on behalf of the GOVERNMENTAL BODY.
Name
Title
Eric A. Strahl City
Manager
Thomas F. DeNike City
Clerk/Treasurer
George Cowell City
Engineer
I HEREBY CERTIFY that the
foregoing is a true copy of a resolution adopted by the Menominee City Council
of the City of Menominee of Menominee County at a regular meeting held on the
19th day of June, 2006.
Signed:
Title: City Clerk/Treasurer
S/PUBLIC SAFETY/PUBLIC WORKS 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.
Regular Council Proceedings
June 19, 2006
Page Seven
COMMITTEE REPORT:
The
Public Safety/Public Works Committee reported that they reviewed the hours for
the rubbish bins and they recommended that the bins be open on Wednesdays from
12 Noon to 6 p.m. beginning July 5th through November 15th.
S/PUBLIC SAFETY/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.
MOTIONS
AND RESOLUTIONS:
The first item under motions and resolutions was the
approval of the employment agreement with Eric Strahl.
A motion was made by Council Member Organ and seconded
by Council Member Hudon to approve the employment agreement with Eric
Strahl. This motion was carried
unanimously.
The next item was the following officer and employee
delegate and alternate certification for the MERS Annual meeting.
Officer Delegate Information:
The Officer Delegate shall be an officer member who
holds a department head position or above, exercises management
responsibilities, and is directly responsible to the legislative and/or
executive branch of local government.
Officer Delegate: Eric
Strahl Officer
Alternate: Thomas DeNike
Officer Delegate Appointment:
By official action of the governing body on June 19,
2006, the Officer Delegate and Alternate listed above were appointed to serve
at the 2006 Annual Meeting.
Employee Delegate Information:
The Employee Delegate shall be an employee member
who is not responsible for management decisions, receives direction from
management and, in general, is not directly responsible to the legislative
and/or executive branch of local government.
Employee Delegate: David
Haglund Employee Alternate: Kathy
Brofka
Regular Council Proceedings
June 19, 2006
Page Eight
Employee Delegate Election:
By secret ballot conducted by an authorized officer
on June 12, 2006, the Employee Delegate and Employee Alternate listed above
were elected to serve at the 2006 MERS Annual Meeting.
A motion was made by Council Member Mick and seconded
by Council Member Sorensen to approve the foregoing certifications. This motion was carried unanimously.
The next agenda item was the following ordinance
amendment:
TITLE 1: ADMINISTRATION
1:3.1 COMPENSATION OF OFFICERS.
(7) CITY MANAGER.
Compensation for the office of city
manager shall be $63,613.00 per year commencing July 1, 2005 and a one time
accrued payment for increased salary from March 1, 2005 to June 30, 2005 in the
amount of $537 $73,500.00 per year commencing June 26, 2006.
A motion was made by Council Member Organ and seconded
by Council Member Hudon to approve the foregoing ordinance as amended.
AYES: Hudon,
Jasper, Krah, Mick, Organ, Pintarelli, Schloegel, Sorensen, and Fernstrum
NAYS: None
This motion was carried unanimously.
The following ordinance amendments were presented
next:
CHAP. 1: WATER
AND SEWER 10:1.1
10:1.1 RATES OF CHARGES.
(1) The rates to be charged and collected
for the operation and maintenance of the Municipal Water
Supply and Wastewater System and the
treatment of waste water are hereby established as follows:
(2) FIRE PROTECTION: Service
Charge.
Automatic Sprinkler Heads - 64˘ each annual rate.
TURN-ON: $20.00$25.00
each.
TURN-OFF: $20.00
$25.00 each.
SERVICE CALLS: $20.00
$25.00 each.
2” OR SMALLER SERVICE LINE: $800.00 each
SERVICE LINE REPLACEMENT (as part of
street reconstruction): 50% of normal
charge for
requested
service line replacement.
Regular
Council Proceedings
June
19, 2006
Page
Nine
|
METER CHARGE |
QUARTERLY CHARGE FOR WATER |
QUARTERLY CHARGE FOR WASTEWATER |
QUARTERLY CHARGE |
|||||||
|
Meter Size |
Inside City |
Outside City |
Inside City |
Outside City |
Inside City |
Outside City |
|
|||
|
5/8" |
14.26 |
26.10 |
31.97 |
58.51 |
46.23 |
84.61 |
|
|||
|
3/4" |
21.39 |
39.14 |
47.96 |
87.77 |
69.35 |
126.91 |
|
|||
|
1" |
32.06 |
58.67 |
71.93 |
131.63 |
103.99 |
190.30 |
|
|||
|
1-1/2" |
57.04 |
104.38 |
127.88 |
234.02 |
184.92 |
338.40 |
|
|||
|
2" |
85.56 |
156.57 |
191.82 |
351.03 |
277.38 |
507.6 | ||||