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

Mayor Krah

PRESENT: 9 ABSENT: 0

A motion was made by Council Member Organ and seconded by Council Member Hudon to approve the agenda for the meeting dated June 17, 2004. This motion was carried unanimously.

There being no additions or corrections to the minutes of the regular meeting of May 17, 2004 or the special meeting of May 24, 2004, the minutes of both meetings stood approved as presented.

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the Fitness Matters Revolving Loan Fund Project.

No one was heard.

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

Mayor Krah then opened the public hearing that was called for the purpose of hearing citizen comments on proposed amendments to M.O.C. 10:1.1 - Water and Sewer Rates of Charges.

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 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 Mick to close the public comment session. This motion was carried unanimously.

Regular Council Proceedings

June 21, 2004

Page Two

Doreen Grinsteiner said she feels Chris Dessart was unfairly denied the firefighter position. The doctor interviewed him for only 30 minutes and had the results of the testing. The test was only 70-75% accurate. He requested a second opinion at his expense and offered a 12-month probation period.

Letters of support were received from Jason Niemi, a Michigan conservation officer, and Gary Anderson, a funeral home manager.

Mr. Furton said the City following the standard process to fill this position.

The next agenda item was an application for an industrial facilities tax exemption certificate from L.E. Jones Company.

A motion was made by Council Member Plemel and seconded by Council Member Sorensen to receive the application and place it on file. This motion was carried unanimously.

Mayor Krah submitted for confirmation the reappointment of Sue Mars to the Harbor and Industrial Commission with her term to expire on August 2, 2009.

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

The following report on the final costs of the special assessment district on 22^nd Street for sidewalk construction was received next:

22^nd STREET

SPECIAL ASSESSMENT DISTRICT SIDEWALK

Regular Council Proceedings

June 21, 2004

Page Three

ACTUAL CONSTRUCTION COST

SPECIAL ASSESSMENT DISTRICT FOR

22^nd STREET (18^th AVE to 22^nd AVE)

Project 55

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

At a June 14, 2004 meeting the Buildings and Grounds Committee reviewed pricing for lots in Circle Lane Subdivision Phase III and they recommended that the following prices be adopted:

Lot 50 - $18,500 Lot 51 - $15,500 Lot 52 - $15,500 Lot 53 - $15,500

Lot 54 - $15,500 Lot 55 - $21,400 Lot 56 - $21,600 Lot 57 - $18,800

Lot 67 - $14,900 Lot 68 - $14,700 Lot 80 - $13,200 Lot 81 - $14,500

Lot 88 - $14,500

S/BUILDINGS AND GROUNDS COMMITTEE

Regular Council Proceedings

June 21, 2004

Page Four

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

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

NAYS: None

This motion was carried unanimously.

At a June 14, 2004 meeting the Buildings and Grounds Committee reviewed the bids received for Reroofing of the Municipal Complex and they recommended accepting the low bid in the amount of $176,211.00 submitted by The Markell Company.

S/BUILDINGS AND GROUNDS COMMITTEE

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

COMMITTEE REPORT:

At a meeting held June 14, 2004 the Finance Committee reviewed the claims for the month of May 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $468,898.72

River Park $ 19,392.96

S/FINANCE COMMITTEE

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

COMMITTEE REPORT:

At a June 14, 2004 meeting the Finance Committee reviewed the invoice from Warner, Norcross and Judd, LLP in the amount of $9,295.50 and recommended that it be paid.

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.

Regular Council Proceedings

June 21, 2004

Page Five

At a June 14, 2004 meeting the Finance Committee reviewed the following resolution to open an account at Nicolet National Bank and they recommended that it be adopted:

I HEREBY CERTIFY, that I am the duly sworn appointed City Clerk/Treasurer of the City of Menominee and keeper of the records and corporate seal of said city and that the following is a true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said city held in accordance with the City Charter of said city at its offices at City Hall on the 21^st day of June, 2004.

BE IT RESOLVED, that Thomas F. DeNike, City Clerk/Treasurer, be and is hereby designated a depository of this city and that funds so deposited may be withdrawn upon a check, draft, note or order of the city.

BE IT FURTHER RESOLVED, that all checks, drafts, notes or orders drawn against said accounts be signed by two (2) of the following as specified:

TWO SIGNATURES REQUIRED NICOLET NATIONAL

ACCOUNT TITLES: BANK NUMBER

City of Menominee Revolving Loan Fund 1021889

NAME: TITLE:

George W. Krah Mayor

Anthony D. Furton City Manager

Thomas F. DeNike City Clerk/Treasurer

Laura Copeland Head Cashier

whose signatures shall be duly certified to said bank, and that checks, notes or orders so drawn against said bank shall be void unless so signed.

BE IT FURTHER RESOLVED, that said bank is hereby directed and authorized to honor and pay any checks, drafts, notes or orders so drawn, whether such checks, drafts, notes or orders, or any of such person in their individual capacities or not, whether such checks, drafts, notes or orders are deposited to the individual credit of the person so signing and/or countersigning said checks, drafts, notes or orders, or to the individual credit of any of the other officers or not. This resolution shall continue in force and said bank may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue set forth in the Certificate of the City Clerk, accompanying a copy of this resolution when delivered to said bank or in any similar subsequent certificate, until written notice to the contrary is duly served on said bank.

IN WITNESS WHEREOF, I have hereunto affixed my name as Thomas F. DeNike, City Clerk/Treasurer and have caused the corporate seal of said city to be hereunto affixed this _____ day of June, 2004.

Thomas F. DeNike, City Clerk/Treasurer

S/FINANCE 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.

Regular Council Proceedings

June 21, 2004

Page Six

At a June 14, 2004 meeting the Public Works Committee reviewed the revised construction agreement with the Menominee County Road Commission for the 48^th Avenue North right-of-way and they recommended that the revised agreement be approved and the City Manager be authorized to sign it.

S/PUBLIC WORKS COMMITTEE

A motion was made by Council Member Plemel and seconded by Council Member Jasper to amend the agreement to read: North/South (Page 1, second Whereas) instead of East/West; and one time payment (Page 3, paragraph 3B) at the end of the sentence. This motion was carried unanimously.

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

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

NAYS: None

This motion was carried unanimously.

COMMITTEE REPORT:

At a June 14, 2004 meeting the Public Works Committee reviewed equipment needs in the Public Works Department and recommended that the city clerk/treasurer be authorized to solicit bids for a patching material hot box.

S/PUBLIC WORKS COMMITTEE

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

At a June 14, 2004 meeting the Public Works Committee reviewed Application for Payment #4 in the amount of $238,503.59 and Contract Modification #2 decreasing the contract amount by $68.58 to Barley Trucking and Excavating for Contract 03-RD-06, 2003 Road Reconstruction and they recommended that they be approved.

S/PUBLIC WORKS 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.

Regular Council Proceedings

June 21, 2004

Page Seven

At a June 14, 2004 meeting the Public Works Committee reviewed Application for Payment #2 in the amount of $41,743.39 and Contract Modification #2 increasing the contract amount by $4,098.21 to Kakuk Construction for Contract 03-RD-08, 20^th Street Construction and they recommended that they be approved.

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 June 14, 2004 meeting the Public Works Committee reviewed Application for Payment #1 and final in the amount of $24,094.48 and Contract Modification #1 decreasing the contract amount by $800.52 to Havelka Construction for Contract 04-RD-04, 11^th Street and 22^nd Street Storm Sewer Extension and they recommended that they be approved.

S/PUBLIC WORKS COMMITTEE

At a June 14, 2004 meeting the Special Projects Committee reviewed the following resolution recognizing City employee Phil Barker who recently retired from the Fire Department and they recommended that the resolution be adopted:

RESOLUTION

WHEREAS, Phil Barker has been employed by the City for the past twenty-six years; and

WHEREAS, Phil Barker retired from the position of Captain in the Fire Department on June 12, 2004; and

WHEREAS, the City of Menominee wishes to recognize Phil Barker for his service to the City and its residents;

NOW, THEREFORE, BE IT RESOLVED, that the City of Menominee, by its City Council on June 21, 2004, recognize and thank Phil Barker for his service.

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.

Regular Council Proceedings

June 21, 2004

Page Eight

The MIDC reported that they had reviewed a loan request from Fitness Matters, LLC, for a loan from the Revolving Loan Fund (RLF) in the amount of $30,000 and they recommended that the loan be approved and paid back over a seven year term with an interest rate of prime plus one percent year adjusted quarterly according to the index as published by the Wall Street Journal Midwest Edition, interest only payments for the first year, a land contract mortgage, GBSA, and personal guaranty.

S/ M I D C

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

At a June 17, 2004 meeting the Parks and Recreation Committee reviewed submitting a grant application to the Department of Housing and Urban Development to partially fund the Spies Field Expansion/Renovation project and they recommended that the city manager be authorized to submit this application.

S/PARKS & RECREATION COMMITTEE

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

At a June 17, 2004 meeting the Parks and Recreation Committee reviewed submitting a grant application in the amount of $5,000 to the M&M Area Community Foundation to help defray the costs of the Spies Field Expansion/Renovation project and they recommended that the city manager be authorized to submit this application.

S/PARKS & RECREATION COMMITTEE

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

The first item under motions and resolution was the following ordinance amending M.O.C. 10:1.1 - Water and Sewer 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:

Regular Council Proceedings

June 21, 2004

Page Nine

(2) FIRE PROTECTION: Service Charge.

FIRE HYDRANTS: City of Menominee $145.00 each annual rate.

TURN-ON: $20.00 each.

TURN-OFF: $20.00 each.

SERVICE CALLS: $20.00 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.

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

Regular Council Proceedings

June 21, 2004

Page Ten

The following resolution was next on the agenda:

WHEREAS, pursuant to 1974 P.A. 198, MCLA 207.655, M.S.A. 7.800(5) as amended, the City Council has established Menominee Industrial Development District No. 8;

WHEREAS, the L E Jones Company is an owner of property located within said district, has applied for an Industrial Facilities Exemption Certificate under provisions of 1974 P.A. 198, Sec. 5(1);

WHEREAS, 1974 P.A. 198, Sec. 5(2) provides that before acting upon an application for an Industrial Facilities Exemption Certificate, the City Council shall afford the applicant, the City Assessor, and a representative of the affected units an opportunity for a hearing;

1. That as to said district, the Facilities Exemption Certificate would be 50% of the expenditure in the amount of $1,775,746.

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

The final resolution on the agenda was the following:

RESOLVED, the following places are designated as polling places for the Primary Election to be held Tuesday, August 3, 2004:

Regular Council Proceedings

June 21, 2004

Page Eleven

First Ward Roosevelt School

Second Ward Middle School

Third Ward, Precincts A and B National Guard Building

Fourth Ward Lincoln School

and that the Election Board consist of Chairman and up to five (5) inspectors for each precinct and that the rate of pay be $9.00 per hour for Chairmen and $8.25 per hour for inspectors and the janitors at the schools be paid $9.00;

RESOLVED FURTHER, that all election personnel be paid $10.00 for attending the Election School and $5.00 for attending the Election Session for Chairpersons preceding the election;

RESOLVED FURTHER, that the polling places be open from 7 a.m. to 8 p.m., Local Time, on said day.

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

Mayor Krah opened the public comment session.

No one was heard.

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

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

Thomas F. DeNike, City Clerk/Treasurer

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