CITY OF MENOMINEE, MICHIGAN
REGULAR COUNCIL PROCEEDINGS
AUGUST 15, 2005
A
regular meeting of the Menominee City Council, City of Menominee, County of
Menominee, State of Michigan, was held Monday, August 15, 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, Plemel, Schloegel, Sorensen
ABSENT: None
PRESENT: 9 ABSENT: 0
A
motion was made by Council Member Jasper and seconded by Council Member Sorensen
to approve the agenda for the meeting dated August 8, 2005. This motion was carried unanimously.
There being no additions or corrections to the minutes
of the regular meeting of July 18, 2005 or the special meeting of August 1,
2005, the minutes of both meetings stood approved.
PUBLIC
HEARINGS:
Mayor Krah opened the public hearing that was called
for the purpose of hearing citizen comments on proposed ordinance amendments to
M.O.C. 2:6.6 – Underage Alcohol Purchase, Consumption, Possession.
Walter Multerer, 1012-38th Avenue,
commented on looking to change the laws on the books for years.
A motion was made by Council Member Organ and seconded
by Council Member Hudon to close the public hearing. This motion was carried unanimously.
Mayor Krah opened the public hearing that was called
for the purpose of hearing citizen comments on proposed ordinance amendments to
M.O.C. 5:1.1(14) Use of Parks – Animals.
Barbara Anderson, 213 Henes Park Drive, said most
folks do not pick up after their dogs.
Dogs have not been allowed for all of these years; why now?
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August 15, 2005
Page Two
Sally Groulx, 4121 Park Lane, said dogs were never
allowed and people ignore the signs now.
What will happen with all of the plants with plenty of marking? What about kids? She has been snapped at. No
dogs please.
Harry Groulx, 4121 Park Lane, asked if there would be
a conflict of interest for council members owning dogs voting on the ordinance.
Dogs would create a hazard with walkers and bikers.
Council Member Organ said he walks daily and sees some
dogs on leashes that would be scary to be loose. No reason to do this. How
about a dog park?
Council Member Fernstrum said she spends a lot of time
in other parks. Many allow animals with
pickup duties.
Council Member Schloegel submitted petitions with
approximately 165 signatures of those opposed to the ordinance amendment. Why change to allow? It is not just the mess, but the behavior of
the dog and/or owners. Henes Park is a
seasonal park – will winter time see them running loose and no pickup due to
deep snow?
Council Member Organ added he heard from many folks
against the ordinance.
A motion was made by Council Member Fernstrum and
seconded by Council Member Jasper 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.
No one was heard.
A motion was made by Council Member Plemel and
seconded by Council Member Fernstrum to close the public comment session. This motion was carried unanimously.
COMMUNICATIONS:
The first item under communications was an application
for the exemption of new personal property from Lloyd Flanders Industries, Inc.
A motion was made by Council Member Jasper and
seconded by Council Member Mick to receive the application and place it on
file. This motion was carried
unanimously.
Regular Council Proceedings
August 15, 2005
Page Three
The next item was an announcement from the Michigan
Municipal League on their annual convention that will be held in Grand Rapids
from September 20th to 23rd.
A motion was made by Council Member Plemel and
seconded by Council Member Sorensen that the City Attorney be the City’s
Official Representative and the City Manager be the City’s Alternate
Representative. This motion was carried
unanimously.
REPORTS
OF OFFICERS:
Mayor Krah submitted for confirmation the appointment
of James Callow to the Water and Wastewater Utility Board, replacing Dinah
Dupras who resigned, with his term to expire May 1, 2009.
A motion was made by Council Member Plemel and
seconded by Council Member Sorensen to confirm the foregoing appointment. This motion was carried unanimously.
COMMITTEE REPORT:
At
an August 4, 2005 meeting the Buildings and Grounds Committee reviewed
Certificate of Payment #2 in the amount of $11,500.00 to Monosso and Son, Inc.
for cornice replacement at Spies Public Library and they recommended that it be
approved.
A motion was made by Council Member Plemel and
seconded by Council Member Hudon to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
At a meeting held August 4, 2005
the Finance Committee reviewed the claims for the month of July 2005 and they
recommended that checks be drawn on the treasurer in payment of the bills as
follows:
General
Fund $737,377.75
River
Park $ 3,963.51
S/FINANCE
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.
Regular Council Proceedings
August 15, 2005
Page Four
COMMITTEE REPORT:
At
an August 4, 2005 meeting the Parks and Recreation Committee reviewed
Application for Payment #3 in the amount of $346,365.60 to Kakuk Construction,
Inc. for Contract 03-PK-04 Spies Field expansion/renovation and they recommended
that it be approved.
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 an August 4, 2005 meeting the
Public Safety Committee reviewed the following traffic order and they recommended
that it be adopted:
TRAFFIC
CONTROL ORDER
SUBJECT: STOP INTERSECTION
EFFECTIVE DATE: JULY
7, 2005
It is ordered pursuant to
Section 9:1.1 of the MOC that stop signs shall be erected on 15th
Street for both Northbound and Southbound traffic at 20th Avenue,
and all vehicles shall be required to stop and yield right of way as required
by the Michigan Vehicle Code, Section 257.649, as adopted by the City of
Menominee.
The previous traffic order
requiring Eastbound and Westbound vehicles to stop on 20th Avenue at
15th Street is rescinded.
This Traffic Control Order shall
become effective at 12:00 PM on July 7, 2005, and approval by the Menominee
City Council, is shall not expire.
I hereby certify that on July 7,
2005 proper signs were installed at the intersection designated in the above
order.
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
an August 4, 2005 meeting the Public Works Committee reviewed an amendment to
the agreement with Ayres and Associates for the 10th Avenue
reconstruction project for additional plan and specification revisions required
by MDOT and they recommended approval of the amendment increasing the contract
amount by $4,790.62.
S/PUBLIC WORKS COMMITTEE
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A
motion was made by Council Member Plemel and seconded by Council Member
Fernstrum to adopt the foregoing report.
This motion was carried unanimously.
COMMITTEE REPORT:
At
an August 4, 2005 meeting the Public Works Committee reviewed Pay Estimate #3
in the amount of $1,267.45 and Contract Modification #2 increasing the contract
amount by $61.95 to Barley Trucking and Excavating, Inc. for Contract 05-RD-05,
15th Street Road Reconstruction and they recommended that they be
approved.
A
motion was made by Council Member Plemel and seconded by Council Member
Sorensen to adopt the foregoing report.
This motion was carried unanimously.
COMMITTEE REPORT:
At
an August 4, 2005 meeting the Public Works Committee reviewed Pay Estimate #3 in
the amount of $1,212.55 and Contract Modification #3 decreasing the contract
amount by $141.55 to Barley Trucking and Excavating, Inc. for Contract
05-RD-02, 23rd Avenue Road Reconstruction and they recommended that
they be approved.
A
motion was made by Council Member Jasper and seconded by Council Member
Sorensen to adopt the foregoing report.
This motion was carried unanimously.
MOTIONS AND RESOLUTIONS:
The
first item under motions and resolutions was the following resolution:
RESOLUTION NO. 4
CITY OF MENOMINEE
COUNTY OF MENOMINEE, MICHIGAN
SPECIAL ASSESSMENT DISTRICT FOR
10th AVENUE FROM 2nd
STREET TO 10th STREET
WHEREAS, a public hearing was
held on the proposed special assessment district for sidewalk construction on
10th Avenue from 2nd Street to 10th Street;
and
WHEREAS, Council has met and
reviewed the special assessment roll and considered written objections, if any,
regarding same;
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August 15, 2005
Page Six
NOW, THEREFORE, BE IT RESOLVED,
that the City Council of the City of Menominee hereby confirms said special
assessment roll and determines the number of installments of said roll and the
rate of interest to be in accordance with P-98-2 Special Assessment Payment
Policy.
A
motion was made by Council Member Plemel and seconded by Council Member Jasper
to adopt the foregoing resolution.
AYES: Hudon,
Jasper, Krah, Mick, Organ, Plemel, Schloegel, Sorensen, and Fernstrum
NAYS: None
This motion was carried unanimously.
The following resolution was presented next:
RESOLUTION
WHEREAS, pursuant to P.A. 328 of
1998 as amended by PA 20 of 1999, the City Council has established that Lloyd
Flanders Industries, Inc. is located in an Industrial Development District
established on July 18, 2005; and
WHEREAS, Lloyd Flanders
Industries, Inc. an owner of property located within said district, has applied
for Exemption of New Personal Property under provisions of P.A. 328 for a
period of 10 years, beginning tax year January 1, 2006 and ending tax year
January 1, 2016; and
WHEREAS, the City of Menominee
has established that it; Menominee, 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,
Lloyd Flanders Industries, Inc. qualifies for consideration for Exemption of
New Personal Property as an eligible manufacturing business; and
WHEREAS, the City Council shall
afford the applicant, the City Assessor, and a representative of the affected
units an opportunity for a hearing;
1) That the
application of said company for Exemption of New Personal Property shall remain
on file in the Office of the City Clerk/Treasurer.
2) That the
City Council shall meet in the Council Chambers on September 19, 2005 at 5 p.m.,
and shall provide 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 complied with all requirements of said Public
Act and now has received and application for Exemption of New Personal
Property.
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August 15, 2005
Page Seven
b) That the City Council shall meet on
September 19, 2005 at 5 p.m. to afford the City Assessor and a representative
of each said taxing units 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 10 years with an ending date of December 30, 2015.
A motion was made by Council Member Plemel and
seconded by Council Member Mick to adopt the foregoing resolution. This motion was carried unanimously.
The next agenda item was the proposed ordinance
amending M.O.C. 2:6.6 – Underage Alcohol Purchase, Consumption, Possession
ordinance as follows:
2:6.6
Underage Alcohol Purchase, Consumption, Possession.
(1) A minor, defined as a person less than 21
years of age, shall not purchase or attempt to purchase alcoholic liquor,
consume or attempt to consume alcoholic liquor, possess or attempt to possess
alcoholic liquor, or have any bodily alcohol content, except as provided in
this section. A minor who violates this
subsection is guilty of a misdemeanor punishable by the following fines and
sanctions:
(a) For the first violation a fine of not more
than $100.00, and may be ordered to participate in substance abuse prevention
services or substance abuse treatment and rehabilitation services as defined in
section 6107 of the public health code, 1978 PA 368, MCL
333.6107, and designated by the administrator of substance abuse
services, and may be ordered to perform community service and to undergo
substance abuse screening and assessment at his or her own expense as described
in subsection (4).
(b) For a violation of this subsection following
a prior conviction or juvenile adjudication for a violation of this subsection,
section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance substantially
corresponding to this subsection or section 33b(1) of former 1933 (Ex Sess) PA
8, by imprisonment for not more than 30 days but only if the minor has been
found by the court to have violated an order of probation, failed to
successfully complete any treatment, screening, or community service ordered by
the court, or failed to pay any fine for that conviction or juvenile
adjudication, a fine of not more than $200.00, or both, and may be ordered to
participate in substance abuse prevention services or substance abuse treatment
and rehabilitation services as defined in section 6107 of the public health
code, 1978 PA 368, MCL 333.6107, and designated
by the administrator of substance abuse services, to perform community service,
and to undergo substance abuse screening and assessment at his or her own
expense as described in subsection (4).
(c) For a violation of this subsection following
2 or more prior convictions or juvenile adjudications for a violation of this
subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a local ordinance
substantially corresponding to this subsection or section 33b(1) of former 1933
(Ex Sess) PA 8, by imprisonment for not more than 60 days but only if the minor
has been found by the court to have violated an order of probation, failed to
successfully complete any treatment, screening, or community service ordered by
the court, or failed to pay any fine for that conviction or juvenile
adjudication, a fine of not more than $500.00, or both, and may be ordered to
participate in substance abuse prevention services or substance abuse treatment
and rehabilitation services as defined in section 6107 of the public health
code, 1978 PA 368, MCL 333.6107, and
designated by the administrator of substance abuse services, to perform community
service, and to undergo substance abuse screening and assessment at his or her
own expense as described in subsection (4).
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(2) A person who furnishes fraudulent
identification to a minor, or notwithstanding subsection (1) a minor who uses
fraudulent identification to purchase alcoholic liquor, is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or a fine of
not more than $100.00, or both.
(3) When an individual who has not previously
been convicted of or received a juvenile adjudication for a violation of
subsection (1) pleads guilty to a violation of subsection (1) or offers a plea
of admission in a juvenile delinquency proceeding for a violation of subsection
(1), the court, without entering a judgment of guilt in a criminal proceeding
or a determination in a juvenile delinquency proceeding that the juvenile has
committed the offense and with the consent of the accused, may defer further
proceedings and place the individual on probation upon terms and conditions
that include, but are not limited to, the sanctions set forth in subsection
(1)(a), payment of the costs including minimum state cost as provided for in
section 18m of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18m, and section 1j of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.1j,
and the costs of probation as prescribed in section 3 of chapter XI of the code
of criminal procedure, 1927 PA 175, MCL 771.3. Upon violation of a term or condition of
probation or upon a finding that the individual is utilizing this subsection in
another court, the court may enter an adjudication of guilt, or a determination
in a juvenile delinquency proceeding that the individual has committed the
offense, and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the
court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section
shall be without adjudication of guilt or without a determination in a juvenile
delinquency proceeding that the individual has committed the offense and is not
a conviction or juvenile adjudication for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon conviction of
a crime, including the additional penalties imposed for second or subsequent
convictions or juvenile adjudications under subsection (1)(b) and (c). There may be only one discharge or dismissal
under this subsection as to an individual.
The court shall maintain a nonpublic record of the matter while
proceedings are deferred and the individual is on probation under this
subsection. The secretary of state
shall retain a nonpublic record of a plea and of the discharge and dismissal
under this subsection. This record
shall be furnished to any of the following:
(a) To a court, prosecutor, or police agency
upon request for the purpose of determining if an individual has already
utilized this subsection.
(b) To the department of corrections, a
prosecutor, or a law enforcement agency, upon the department's, a prosecutor's,
or a law enforcement agency's request, subject to all of the following
conditions:
(i) At the time of the request, the individual
is an employee of the department of corrections, the prosecutor, or the law
enforcement agency, or an applicant for employment with the department of
corrections, the prosecutor, or the law enforcement agency.
(ii) The record is used by the department of
corrections, the prosecutor, or the law enforcement agency only to determine
whether an employee has violated his or her conditions of employment or whether
an applicant meets criteria for employment.
(4) The court may order the person convicted of
violating subsection (1) to undergo screening and assessment by a person or
agency as designated by the substance abuse coordinating agency as defined in
section 6103 of the public health code, 1978 PA 368, MCL
333.6103, in order to determine whether the person is likely to benefit
from rehabilitative services, including alcohol or drug education and alcohol
or drug treatment programs.
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(5) The secretary of state shall suspend the
operator's or chauffeur's license of an individual convicted of violating
subsection (1) or (2) as provided in section 319 of the Michigan vehicle code,
1949 PA 300, MCL 257.319.
(6) A peace officer who has reasonable cause to
believe a minor has consumed alcoholic liquor or has any bodily alcohol content
may require the person to submit to a preliminary chemical breath
analysis. A peace officer may arrest a
person based in whole or in part upon the results of a preliminary chemical
breath analysis. The results of a
preliminary chemical breath analysis or other acceptable blood alcohol test are
admissible in a criminal prosecution to determine whether the minor has
consumed or possessed alcoholic liquor or had any bodily alcohol content. A minor who refuses to submit to a
preliminary chemical breath test analysis as required in this subsection is
responsible for a civil infraction and may be ordered to pay a civil fine of
not more than $100.00.
(7) A law enforcement agency, upon determining
that a person less than 18 years of age who is not emancipated under 1968 PA
293, MCL 722.1 to 722.6,
allegedly consumed, possessed, purchased alcoholic liquor, attempted to
consume, possess, or purchase alcoholic liquor, or had any bodily alcohol
content in violation of subsection (1) shall notify the parent or parents,
custodian, or guardian of the person as to the nature of the violation if the
name of a parent, guardian, or custodian is reasonably ascertainable by the law
enforcement agency. The notice required
by this subsection shall be made not later than 48 hours after the law
enforcement agency determines that the person who allegedly violated subsection
(1) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means
reasonably calculated to give prompt actual notice including, but not limited
to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age
is incarcerated for violating subsection (1), his or her parents or legal
guardian shall be notified immediately as provided in this subsection.
(8) This section does not prohibit a minor from
possessing alcoholic liquor during regular working hours and in the course of
his or her employment if employed by a person licensed by the Michigan Liquor
Control Act, by the Liquor Control Commission, or by an agent of the
Commission, if the alcoholic liquor is not possessed for his or her personal
consumption.
(9) This section does not limit the civil or
criminal liability of the vendor or the vendor's clerk, servant, agent, or
employee for a violation of this ordinance.
(10) The consumption of alcoholic liquor by a
minor who is enrolled in a course offered by an accredited postsecondary
educational institution in an academic building of the institution under the
supervision of a faculty member is not prohibited by this ordinance if the
purpose of the consumption is solely educational and is a requirement of the
course.
(11) The consumption by a minor of sacramental
wine in connection with religious services at a church, synagogue, or temple is
not prohibited by this ordinance.
(12) Subsection (1) does not apply to a minor
who participates in either or both of the following:
(a) An undercover operation in which the minor
purchases or receives alcoholic liquor under the direction of the person's
employer and with the prior approval of the local prosecutor's office as part
of an employer-sponsored internal enforcement action.
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(b) An undercover operation in which the minor
purchases or receives alcoholic liquor under the direction of the state police,
the Liquor Control Commission, or a local police agency as part of an
enforcement action unless the initial or contemporaneous purchase or receipt of
alcoholic liquor by the minor was not under the direction of the state police,
the Commission, or the local police agency and was not part of the undercover
operation.
(13) In a criminal prosecution for the violation
of subsection (1) concerning a minor having any bodily alcohol content, it is
an affirmative defense that the minor consumed the alcoholic liquor in a venue
or location where that consumption is legal.
(14) As used in this section, "any bodily
alcohol content" means either of the following:
(a) An alcohol content of 0.02 grams or more per
100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of
urine.
(b) Any presence of alcohol within a person's
body resulting from the consumption of alcoholic liquor, other than consumption
of alcoholic liquor as a part of a generally recognized religious service or
ceremony.
A
motion was made by Council Member Fernstrum and seconded by Council Member
Plemel to adopt the foregoing ordinance as amended. This motion was carried unanimously.
The
next agenda item was the ordinance amending M.O.C. 5:1.1(14) – Use of Park –
Animals that would allow dogs in parks.
A
motion was made by Council Member Plemel and seconded by Council Member Mick to
refer the ordinance amendment back to the committee. 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 Mick to
close the public comment session. This
motion was carried unanimously.
ADJOURN TO CLOSED
SESSION TO DISCUSS PENDING LITIGATION:
A motion was made by Council Member Plemel and seconded
by Council Member Jasper to adjourn to closed session to discuss pending
litigation Krygoski Construction Company, Inc. v City of Menominee, United
States District Court, Western District of Michigan, Case No.: 04-CV-076.
AYES: Jasper, Krah, Mick, Organ, Plemel, Schloegel, Sorensen, Fernstrum,
and Hudon
NAYS: None
This motion was carried
unanimously.
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RETURN TO OPEN SESSION:
A
motion was made by Council Member Plemel and seconded by Council Member Mick to
return to open session. This motion was
carried unanimously.
ADJOURN:
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
/skj