CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

JULY 16, 2007

 

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, July 16, 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, Schloegel, and Sorensen; Mayor Krah

ABSENT:         None

 

PRESENT:  9                ABSENT:  0

 

A motion was made by Council Member Fernstrum and seconded by Council Member Hudon to add a communication from Mary Johns, the new Chamber Director, and a resolution approving the Spirit of LaSalle, LLC’s request for new watercraft liquor licenses to the agenda and to approve the amended agenda for the meeting dated July 10, 2007.  This motion was carried unanimously.

 

There being no additions or corrections to the minutes of the regular meeting of June 18, 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. 11:1.720 to add ferry terminal to the list of uses that may be permitted by special use permit in an M-1 zone.

 

No one was heard.

 

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

 

Mayor Krah then opened the public hearing on the proposed rezoning of the property at 1313-11th Avenue from R-2 (residential) to C-1 (commercial).

 

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.

 

PUBLIC COMMENT:

 

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

 

Sean Fernstrum, 2020-15th Avenue, Menominee MI, thanked council for considering the request from the R.W. Fernstrum Company, Inc. for the exemption of new personal property.

Regular Council Proceedings

July 16, 2007

Page Two

 

 

 

Wayne Mills, 2541 Carney Avenue, Marinette WI, thanked council for its support of the concept of a children’s museum and said they were looking for board members and a building to locate the museum in.

 

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.

 

COMMUNICATIONS:

 

The first item under communications was the application from the R.W. Fernstrum Company, Inc. for the exemption of new personal property.

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to receive the application and place it on file.  This motion was carried unanimously with an abstention by Council Member Fernstrum.

 

Mary Johns, new Director of the Marinette Menominee Area Chamber of Commerce shared her goals with council and invited everyone to stop by their offices.

 

REPORTS OF OFFICERS:

 

Mayor Krah submitted for confirmation the following reappointments:

 

Mark Erickson, Bob Foley, Don Nerat, and Bruce Ranzinger to the Construction Board of Appeals with their terms to expire on February 2, 2009.

 

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

 

Jack Walter to the Economic Development Corporation with his term to expire on August 7, 2013.

 

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

 

Pat Johnson and Tammy Nelson to the Historic District Commission with their terms to expire on May 11, 2010.

 

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

 

James Anderson to the Library Board of Trustees with his term to expire on May 1, 2012.

 

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

 

Walter Shier to the Water and Wastewater Utility Board with his term to expire on May 1, 2012.

 

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

Regular Council Proceedings

July 16, 2007

Page Three

 

 

 

REPORTS OF STANDING COMMITTEES:

 

On June 19, 2007, the City of Menominee Condemnation Board met to consider the condition of the building at 721 1st Street. Testimony was taken from the City of Menominee Building Inspector. The owner of the building, having been served with notice of the meeting, did not attend and did not present testimony. A copy of the meeting record is attached. After consideration of the evidence, the Board reached the conclusion of law that the building was in violation of the Dangerous Building Ordinance (MOC 2:5.1), and issued the following order:

 

The Condemnation Board of the City of Menominee hereby orders the owner(s) of the building located at 721 1st Street to complete the following work within the time limits specified:

 

PHASE 1

1.         Install structural steel supports to level 2nd floor as shown on approved plans.

2.         Remove existing roofing material, repair roof deck as necessary, and install new roofing membrane.

3.         Provide structural plans for construction of a new east wall, bearing signature and seal of a Michigan licensed architect or engineer, and meeting the requirements of the Michigan Building Code.

            -or-

1.         Demolish structure leaving lot level, topsoiled, and seeded or sodded and in mowable condition.

 

Phase 1 work to be completed not later than July 30, 2007. In the event that Phase 1 is not completed by July 30, 2007, the City of Menominee is to immediately proceed with demolition

 

PHASE 2

 

1.         Complete construction of new east wall, all masonry work, and installation of all windows and doors. Phase 2 work is to be completed not later than November 1, 2007.

 

A motion was made by Council Member Hudon and seconded by Council Member Fernstrum to accept to foregoing report and place it on file.  This motion was carried unanimously.

 

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. 


Regular Council Proceedings

July 16, 2007

Page Four

 

 

 

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.

(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 Organ and seconded by Council Member Hudon to agree with the Planning Commission’s findings.

 

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

NAYS: None

 

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


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July 16, 2007

Page Five

 

 

 

(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.  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 Fernstrum and seconded by Council Member Mick to agree with the Planning Commission’s findings.

 

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

NAYS: None

 

This motion was carried unanimously.

 

COMMITTEE REPORT:

 

The Finance Committee reported that they reviewed the claims for June 2007 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

 

            General Fund in the amount of $196,634.81

            River Park Fund in the amount of $3,115.99

 

S/FINANCE COMMITTEE

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July 16, 2007

Page Six

 

 

 

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 reviewed the request from the Marina Management Group to amend their capital project budget to add $58,500.00 for the north wall project and approve the low bid of $93,475.00 submitted by Phenco, Inc.  It recommended that the City Council approve both requests.

 

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:

 

The Parks and Recreation/Buildings and Grounds Committee reported that they had reviewed the request from Scott Beck and CyberZone to place antennas on the water tower and they recommended approving a six month trial agreement with Mr. Beck and CyberZone to pay $250.00 per month to the City, which consists of $225.00 per month for use of the space and $25.00 for the cost of electricity used.   

 

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 Special Projects/Community Relations Committee reported that they had reviewed the concept of a children’s museum and they recommended that city council authorize providing a letter of support for Wayne Mills efforts to locate a children’s museum in the City of Menominee.

 

S/SPECIAL PROJECTS/COMMUNITY RELATIONS COMMITTEE

 

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

 

MOTIONS AND RESOLUTIONS:

 

The first item under motions and resolutions was the following resolution:

 

A RESOLUTION CONCERNING

R. W. FERNSTRUM COMPANY, INC.

APPLICATION FOR EXEMPTION OF NEW PERSONAL PROPERTY

 

WHEREAS, pursuant to P.A. 328 of 1998 as amended by P.A. 20 of 1999, the Menominee City Council has established that R.W. Fernstrum Company, Inc. is located in Menominee Industrial Development District No. 10 established on March 28, 2005; and

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July 16, 2007

Page Seven

 

 

 

WHEREAS, R.W. Fernstrum Company, Inc., an owner of property located within said district, has filed an Application for Exemption of New Personal Property under provisions of P.A. 328 as amended by P.A. 20 of 1999, for a period of 10 years, beginning January 1, 2008 and ending tax year January 1, 2018; and

 

WHEREAS, the City of Menominee has established that it 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, R.W. Fernstrum Company, Inc. qualifies for consideration for Exemption of New Personal Property as an eligible manufacturing business; and

 

WHEREAS, the Menominee City Council shall afford the Applicant, the City Assessor, and a representative of the effected units an opportunity for a hearing:

 

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

2)                  That the Menominee City Council shall meet in the Council Chambers on August 20, 2007 at 5 p.m. and shall provided 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 compiled with all requirements of said Public Act and now has received an Application of Exemption of New Personal Property.

b.                   That the Menominee City Council shall meet on August 20, 2007 at 5 p.m. to afford the City Assessor and a representative of each said taxing unit an opportunity to be heard with regard to said exemption application.

c.                   That as to said exemption, will apply to all qualifying personal property expenditures for a period of ten (10) years, with an ending date of January 1, 2018.

4)         The application of R.W. Fernstrum Company, Inc. for an Exemption of New Personal Property will be located in the following described parcel of real estate situated within the Menominee Industrial Development District No. 10 to-wit: Lot "K" of W.G. Boswell's 2nd Addition to the City of Menominee, Menominee County, Michigan

 

A motion was made by Council Member Mick and seconded by Council Member Hudon to adopt the foregoing resolution.  This motion was carried unanimously with an abstention by Council Member Fernstrum.

 

The following resolution was next on the agenda:

 

RESOLUTION

 

 

At a regular meeting of the Menominee City Council called to order by Mayor George W. Krah on July 16, 2007 at 5 p.m.

 

The following resolution was offered:

Regular Council Proceedings

July 16, 2007

Page Eight

 

 

 

Moved by Council Member Fernstrum and supported by Council Member Mick that the request from Spirit of LaSalle, LLC for a (2) new watercraft licenses with dance-entertainment permit to be located at 102 Second, Menominee, MI 49858, Menominee County.

 

be considered for approval.

 

It is the consensus of this legislative body that the application be recommended for issuance.

 

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

 

PUBLIC COMMENT:

 

Mayor Krah opened the public comment session.

 

No one was heard.

 

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

 

ADJOURN:

 

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

 

 

 

 

 

 

Thomas F. DeNike, City Clerk/Treasurer

 

 

 

 

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