CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

JULY 18, 2005

 

 

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, July 18, 2005 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, Schloegel, and Sorensen

ABSENT:   Council Member Plemel (excused)

 

PRESENT:  8                ABSENT:  1

 

A motion was made by Council Member Mick and seconded by Council Member Fernstrum to excuse Council Member Plemel from the meeting.  This motion was carried unanimously.

 

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to approve the agenda for the meeting dated July 14, 2005.  This motion was carried unanimously.

 

 

There being no additions or corrections to the minutes of the regular meeting of June 20, 2005 or the special meeting of June 29, 2005, the minutes of both meetings stood approved.

 

 

PUBLIC HEARING:

 

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the application from Great Lakes Pulp Company for new personal property exemption.

 

Doug Bjorkman, W1999 Staudenmaier Road, Marinette WI, spoke regarding the application on behalf of Great Lakes Pulp Company.

 

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

 

 

 

Regular Council Proceedings

July 18, 2005

Page Two

 

 

 

PUBLIC COMMENT:

 

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

 

 

REPORTS OF OFFICERS:

 

Mayor Krah submitted the following appointments for confirmation:

 

·                     Janis Burgess to the Police and Fire Retirement Board, replacing Steven Barstow who resigned, with her term to expire on August 28, 2006; and

 

·                     Richard Jones to the Historic District Commission, replacing William King, who passed away, with his term to expire May 11, 2006.

 

A motion was made by Council Member Organ and seconded by Council Member Hudon to confirm the appointment of Janis Burgess.  This motion was carried unanimously.

 

A motion was made by Council Member Jasper and seconded by Council Member Organ to confirm the appointment of Richard Jones.  This motion was carried unanimously.

 

 

The next agenda item was the City Assessor’s filing of the certified assessment roll for the proposed special assessment district on 10th Avenue (2nd Street to 10th Street) for sidewalk construction as follows:

 

Regular Council Proceedings

July 18, 2005

Page Nine

 

 

 

ESTIMATED CONSTRUCTION COST

SIDEWALK

SPECIAL ASSESSMENT DISTRICT FOR

10th AVENUE (2nd ST to 10th ST)

 

 

S I D E W A L K   C O N S T R U C T I O N   -   4 "

 

 

 

 

 

 

 

 

 

Item

Description

Unit

Unit Price

Quantity

Amount

 

 

 

 

 

 

2040013

Sidewalk, Removal

sq.yd.

5.00

2,005.93

10,029.65

8030002

Sidewalk, Concrete, 4"

sq.ft.

3.50

18,053.40

63,186.90

 

 

 

 

 

 

 

Estimated 4" Construction Cost

 

 

 

73,216.55

 

 

 

 

 

 

 

½ Sidewalk Fund

 

 

 

36,608.28

 

½ Assessable

 

 

 

36,608.27

 

 

 

 

 

 

 

Total 4" Footage

 

3,008.90

 

 

 

Assessable Cost per Foot

 

12.167

 

 

 

 

 

 

 

 

 

S I D E W A L K   C O N S T R U C T I O N   -   6 "

 

 

 

 

 

 

 

 

 

Item

Description

Unit

Unit Price

Quantity

Amount

 

 

 

 

 

 

2040013

Sidewalk, Removal

sq.yd.

5.00

251.33

1,256.65

8030003

Sidewalk, Concrete, 6"

sq.ft.

4.00

2,262.00

9,048.00

 

 

 

 

 

 

 

Estimated 6" Construction Cost

 

 

 

10,304.65

 

 

 

 

 

 

 

½ Sidewalk Fund

 

 

 

5,152.33

 

½ Assessable

 

 

 

5,152.32

 

 

 

 

 

 

 

Total 6" Footage

 

377.00

 

 

 

Assessable Cost per Foot

 

13.667

 

 

 

 

 

 

 

 

 

P R O J E C T   C O S T S

 

 

 

 

 

Property owners estimated assessment

 

 

 

24,112.44

 

City share of project cost

 

 

 

59,408.76

 

Total Estimated Cost

 

 

 

83,521.20

 

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

Regular Council Proceedings

July 18, 2005

Page Ten

 

 

 

COMMITTEE REPORT:

 

At a meeting held July 8, 2005 the Finance Committee reviewed the claims for the month of June 2005 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

 

            General Fund                 $387,487.58

            River Park                 $   4,334.46

 

S/FINANCE 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.

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Judicial and Legislative Committee reviewed the Spies Field Fund Agreement for the administration of donations received for the project by the M&M Area Community Foundation and they recommended that the agreement be approved.

 

S/JUDICIAL AND LEGISLATIVE 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.

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Judicial and Legislative Committee reviewed proposed amendments to MOC 2:6.6 Underage Alcohol Purchase, Consumption, Possession and they recommended that a public hearing be scheduled on the proposed ordinance amendments.

 

S/JUDICIAL & LEGISLATIVE COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Judicial and Legislative Committee reviewed proposed amendments to MOC 5:1.1(14) Use of Parks – Animals and they recommended that a public hearing be scheduled on the proposed ordinance amendments.

 

S/JUDICIAL & LEGISLATIVE COMMITTEE

Regular Council Proceedings

July 18, 2005

Page Eleven

 

 

 

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

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Judicial and Legislative Committee reviewed Use of Parks – Alcoholic Beverages and they recommended that Policy P-03-1 be amended as follows:

 

Great Lakes Memorial Marina Park:            Personal consumption permitted within the area inside the east curb line of Doyle Drive and inside the confines of the outer Marina walls (excluding the walls), the Yacht Club building and the former Water Plant building.

 

During City sponsored events personal consumption of beer and wine is permitted within the park boundaries except park drives, parking lots and play apparatus areas.

 

S/JUDICIAL & LEGISLATIVE COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Parks and Recreation Committee reviewed Application for Payment #2 in the amount of $249,259.84 to Kakuk Construction, Inc. for Contract 03-PK-04 Spies Field expansion/renovation and they recommended that it be approved. 

 

S/PARKS AND RECREATION 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.

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Public Works Committee reviewed the request from Natural Resource Technology, Inc. for access to right-of-way for installation of four permanent groundwater monitoring wells adjacent to 11th Avenue between 14th and 16th Streets and they recommended approving the agreement with the addition of paragraph 10 recommended by City Attorney Rob Jamo.

 

S/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.

Regular Council Proceedings

July 18, 2005

Page Twelve

 

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Public Works Committee reviewed Pay Estimate #2 in the amount of $57,451.43 and Contract Modification #1 increasing the contract amount by $1,871.84 to Barley Trucking and Excavating, Inc. for Contract 05-RD-05, 15th Street Road Reconstruction and they recommended that they be approved.

 

S/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:

 

At a July 8, 2005 meeting the Public Works Committee reviewed Pay Estimate #2 in the amount of $97,507.33 and Contract Modification #2 decreasing the contract amount by $8,082.25 to Barley Trucking and Excavating, Inc. for Contract 05-RD-02, 23rd Avenue 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 Mick to adopt the foregoing report.  This motion was carried unanimously.

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Public Works Committee reviewed Application for Payment #5 in the amount of $14,390.58 and Contract Modification #4 increasing the contract amount by $367.03 to Barley Trucking and Excavating, Inc. for Contract 04-RD-04, 34th Avenue 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.

 

 

COMMITTEE REPORT:

 

At a July 8, 2005 meeting the Public Works Committee reviewed the agreement with the State of Michigan Department of Transportation for the reconstruction of 10th Avenue from 10th Street to 8th Street, streetscaping along 10th Avenue from 10th Street to 2nd Street, sanitary sewer and water main work along 10th Avenue from 10th Street to 2nd Street, and reconstruction of 10th Avenue from 8th Street to 2nd Street and they recommended that the following resolution be adopted:

Regular Council Proceedings

July 18, 2005

Page Thirteen

 

 

 

RESOLUTION

 

RESOLVED, that the City of Menominee, Michigan does hereby accept the terms of Contract No. 05-5285  reconstruction of 10th Avenue from 10th Street to 8th Street, streetscaping along 10th Avenue from 10th Street to 2nd Street, sanitary sewer and water main work along 10th Avenue from 10th Street to 2nd Street, and reconstruction of 10th Avenue from 8th Street to 2nd Street as received by the Michigan Department of Transportation and that the City of Menominee does hereby specifically agree, but not by way of limitation, as follows:

 

1.                   To construct the project and provide such funds, services, and materials as may be necessary to satisfy the terms of said Contract.

2.                   To authorize Anthony D. Furton, City Manager, and George W. Krah, Mayor, to sign the contract.

3.                   To authorize Anthony D. Furton, City Manager to be the local Authorized Representative to sign documents in behalf of the City of Menominee, Michigan.

4.                   To comply with any and all terms of said Contract including all terms not specifically set forth in the foregoing portions of this Resolution.

 

S/PUBLIC WORKS COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

At a July 14, 2005 meeting the Parks and Recreation Committee reviewed the creation of the Spies Field Wetland mitigation site and they recommended acceptance of the revised proposal submitted by Barley Trucking and Excavating, Inc. (originally received on September 20, 2002) in the amount of $101,590.00 provided that city manager provides a history of the wetland project and requests a cost breakdown of the additional $14,790.00 from the contractor.

 

S/PARKS AND RECREATION COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

At a July 13, 2005 meeting the Historic District Commission voted to recommend to the City Council that William King, who recently passed away, be officially recognized for his service to the community by serving as a member of the Historic District Commission.

 

S/HISTORIC DISTRICT COMMISSION

Regular Council Proceedings

July 18, 2005

Page Fourteen

 

 

 

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

 

 

MOTIONS AND RESOLUTIONS:

 

The following resolution was presented:

 

  RESOLUTION NO. 3

CITY OF MENOMINEE - COUNTY OF MENOMINEE, MICHIGAN

        SPECIAL ASSESSMENT DISTRICT FOR

10th AVENUE (2nd STREET TO 10th STREET)

    SIDEWALK CONSTRUCTION PROJECT (PUBLIC HEARING AUTHORIZATION)

 

WHEREAS, the City Treasurer of the City of Menominee has prepared a Special Assessment Roll for the purpose of specially assessing that portion of the cost of the public improvement more particularly described to the properties specially benefited by said public improvements and the same has been presented to the City Council by the City Clerk;

 

NOW, THEREFORE, BE IT RESOLVED THAT:

 

1.         Said special assessment roll is hereby accepted and shall be filed in the Office of the City Clerk for public examination.

 

2.