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 Plemel and seconded by Council Member Hudon to approve the agenda for the meeting dated July 12, 2004. This motion was carried unanimously.

There being no additions or corrections to the minutes of the regular meeting of June 21, 2004 or the special meetings of June 29, 2004 or July 12, 2004, the minutes of all of the meetings stood approved as presented.

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the application for an industrial facilities exemption certificate from L.E. Jones Company.

Doug Dooley, 2316-13^th Avenue, spoke on behalf of L.E. Jones and thanked the council for considering their request. He added that they employ over 200 people.

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

Regular Council Proceedings

July 19, 2004

Page Two

COMMITTEE REPORT:

At a meeting held July 12, 2004 the Finance Committee reviewed the second close of the claims for the month and fiscal year ended June 30, 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $329,622.40

River Park $ 6,404.59

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.

At a July 12, 2004 meeting the Public Works Committee reviewed sanitation collection services and they recommended that the City Manager's report and recommendation to continue with the City continuing to perform this service be adopted.

S/PUBLIC WORKS COMMITTEE

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

At a meeting held July 12, 2004 meeting the Public Works Committee reviewed the notification from the Michigan Department of Transportation announcing the selection of reconstructing 10^th Avenue from 5^th Street to 10^th Street under the Small Urban Program and they recommended that the City Manager be authorized to submit the necessary documents to proceed with the project and to authorize soliciting proposals for consultant engineering services.

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.

At a July 12, 2004 meeting the Public Works Committee reviewed the bids received to supply a new hot patcher for the Department of Public Works and they recommended acceptance of the bid submitted by Bruce Municipal Equipment, Inc. in the amount of $14,845.00 for a 2004 demo unit.

S/PUBLIC WORKS COMMITTEE

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

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July 19, 2004

Page Three

At a July 12, 2004 meeting the Public Works Committee reviewed the bids received for Contract 04-RD-03, 14^th Street, 15^th Street, and 42^nd Avenue Road Reconstruction and recommended acceptance of the low bid submitted by Barley Trucking and Excavating, Inc. in the amount of $240,130.30.

S/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.

At a June 14, 2004 meeting the Public Works Committee reviewed Application for Payment #5 in the amount of $62,899.40 and Contract Modification #3 decreasing the contract amount by $11,576.59 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 Plemel and seconded by Council Member Mick to adopt the foregoing report. This motion was carried unanimously.

At a July 12, 2004 meeting the Public Works Committee reviewed Application for Payment #3 in the amount of $9,578.97 to Kakuk Construction for Contract 03-RD-08, 20^th Street Construction and they recommended that it be approved.

S/PUBLIC WORKS COMMITTEE

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

The first item under motions and resolutions was to certify the delegates and alternates to the MERS Annual meeting as follows:

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: Thomas DeNike Officer Alternate: Anthony Furton

Regular Council Proceeding

July 19, 2004

Page Four

By official action of the governing body on July 19, 2004, the Officer Delegate and Alternate listed above were appointed to serve at the 2004 Annual Meeting.

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: Susan Johnson

By secret ballot conducted by an authorized officer on July 9, 2004, the Employee Delegate and Employee Alternate listed above were elected to serve at the 2004 MERS Annual Meeting.

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

The following resolution was considered next:

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. 8 on November 12, 1998;

WHEREAS, L. E. Jones Company has filed an amended application for an Industrial Facilities Exemption Certificate with respect to a new facility to be acquired and installed within the Industrial Development District No. 8;

WHEREAS, before acting on said amended application, the Menominee City Council held a hearing on July 19, 2004, at 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 given written notice and were afforded an opportunity to be heard on said Application;

WHEREAS, construction of the facility and installation of new machinery and equipment had not begun earlier than six (6) months before May 17, 2004, the date of acceptance of the original Application for an Industrial Facilities Exemption Certificate;

WHEREAS, completion of the facility 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;

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July 19, 2004

Page Five

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 thus exempted.

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 impeding 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 L. E. Jones Company for an Industrial Facilities Exemption Certificate with respect to a new facility to be acquired and installed on the following described parcel of real estate situated within the Menominee Industrial Development District No. 8, to-wit:

All that part of Blocks 3 and 6 of "COLEMAN LUMBER COMPANY'S FIRST ADDITION" to the City of Menominee, Michigan, as described in Liber 280 of deeds on page 221, Liber 305 of deeds on page 314 - 318 and Liber 317 of deeds on page 618, AND all that part of the Northeast Quarter of the Northeast Quarter (NE¼-NE¼) of Section 34, Township 32 North - Range 27 West, City of Menominee, Michigan as described in Liber 219 of deeds on page 401, all being bounded and described as follows:

From the Northeast Corner of said Section 34, measure N89º07'50"W, 406.00 feet along the North Line of said NE¼-NE¼, to the West line of 11th Street and the point of beginning of the parcel hereinafter described; thence S02º07'13"W, 664.58 feet along said West Line; thence N88º24'30"W, 549.05 feet along a line parallel with the North Line of 30th Avenue, to the West Right of Way of the Chicago and Northwestern Railroad; thence N02º43'21"E, 988.06 feet along said right of way, to the Northwest Corner of Block 6 of Coleman Lumber Company's First Addition; thence S89º07'34"E, 55.15 feet along the North Line of said Block 6, to the Northerly Line of the former Chicago and Northwestern Spur Track; thence Southeasterly 568.53 feet along said line, along the arc of a 591 foot radius curve to the left, whose chord bears S60º01'36"E, 546.86 feet to the East Line of Block 3 of Coleman Lumber Company's First Addition; thence S02º08'33"W, 64.03 feet along said East Line, to the point of beginning, containing 10.3358 acres. Said parcel is subject to all easements, restrictions and reservations of record.

be and the same is hereby approved.

3) The Industrial Facilities Exemption Certificate when issued shall be and remain in force and effect for a period of twelve (12) years after completion.

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

Regular Council Proceedings

July 19, 2004

Page Six

The next agenda item was the following resolution:

WHEREAS, pursuant to the charter and special assessment ordinance (the "ordinance") of the City of Menominee, the Menominee City Council may commence proceedings for the making of local public improvements within the city and determine the tentative necessity thereof without a petition; and

WHEREAS, the council tentatively deems it in the public interest, health and welfare to make a public improvement consisting of: Sidewalk replacement on 23^rd Avenue from 15^th Street to 18^th Street.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The city engineer is hereby directed to cause to be prepared a report for said improvements which shall include an analysis and recommendations required by Section 4 of the ordinance and shall include necessary plans, specifications, detailed estimates of cost, description of the assessment district, recommendation as to that portion of the cost of said project which must be borne by the city at large, and such pertinent information as will permit the council to decide the cost, extent and necessity of the proposed improvement and what part or portion thereof should be paid by special assessment upon the property especially benefited and what part, if any, should be paid by the city at large.
2. When the aforesaid report is completed, the city engineer shall file the same with the city clerk together with his recommendations for presentation to council.

3) All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

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

The final resolution on the agenda was the following:

WHEREAS, pursuant to the charter and special assessment ordinance (the "ordinance") of the City of Menominee, the Menominee City Council may commence proceedings for the making of local public improvements within the city and determine the tentative necessity thereof without a petition; and

WHEREAS, the council tentatively deems it in the public interest, health and welfare to make a public improvement consisting of: Sidewalk replacement on First Street from the Industrial Road to Fourth Avenue.

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July 19, 2004

Page Seven

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The city engineer is hereby directed to cause to be prepared a report for said improvements which shall include an analysis and recommendations required by Section 4 of the ordinance and shall include necessary plans, specifications, detailed estimates of cost, description of the assessment district, recommendation as to that portion of the cost of said project which must be borne by the city at large, and such pertinent information as will permit the council to decide the cost, extent and necessity of the proposed improvement and what part or portion thereof should be paid by special assessment upon the property especially benefited and what part, if any, should be paid by the city at large.
2. When the aforesaid report is completed, the city engineer shall file the same with the city clerk together with his recommendations for presentation to council.

3) All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

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

John Danielak, 1513-16^th Avenue, asked questions on sidewalk replacement such as how sidewalks are fixed and is there an ordinance that says they must be fixed.

A motion was made by Council Member Plemel and seconded by Council Member Jasper 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.

Susan K. Johnson, Acting Clerk

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