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 Organ to approve the agenda for the meeting dated August 13, 2004. This motion was carried unanimously.

There being no additions or corrections to the minutes of the regular meeting of July 19, 2004 or the special meeting of August 5, 2004, the minutes of all of the meetings stood approved as presented.

Mayor Krah opened the public hearing that was called as a continuance of the public hearing to review the findings and order of the Condemnation Board concerning the structure at 2104-14^th Avenue (CB #02-003).

Mr. Ellery said that the fire occurred on October 14, 2002, and the City boarded up the structure in July of 2003. No action has been taken since the April Council meeting. He asked that the Condemnation Board's order be upheld.

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

Regular Council Proceedings

August 16, 2004

Page Two

Under communications, the Michigan Municipal League announced their annual meeting on Mackinac Island from September 30^th through October 2^nd.

A motion was made by Council Member Plemel and seconded by Council Member Organ to designate Mayor George Krah as the City's official representative and City Manager Tony Furton as the City's alternate official representative to the meeting. This motion was carried unanimously.

Under reports of officers, Mayor Krah submitted for confirmation the following reappointments:

• Elizabeth Furlong and John Henes to the Henes Park Board of Commissioners with their terms to expire on September 9, 2010; and

• James Hodge to the Housing Commission with his term to expire on September 5, 2009.

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

At an August 9, 2004 meeting the Buildings and Grounds Committee reviewed the sale of vacant city owned property described as: #3483-000, Lakeside Addition Lots 1, 2, 3, Block 5 (Southwest corner of 6^th Street/47^th Avenue and they recommended selling this parcel to the North Shore Baptist Church for $15,300, which was the price set by the City Council on January 18, 1999 with the City Council approving to continue the property for sale at this price on January 15, 2001.

S/BUILDINGS AND GROUNDS COMMITTEE

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

At an August 9, 2004 meeting the Buildings and Grounds Committee reviewed a small strip of unplatted property adjacent to the East side Circle Lane II and they recommended that the City offer the property for sale to the adjacent owners who are Stephen Rotter at the price of $125 and Audrey Kaltenbach at the price of $75 with the prices being based on the number of square footage.

S/BUILDINGS AND GROUNDS COMMITTEE

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

At an August 9, 2004 meeting the Buildings and Grounds Committee reviewed adding additional covenants for Circle Lane Subdivision Phase III and they recommended that a public hearing be scheduled to receive public comment on the covenants.

S/BUILDINGS AND GROUNDS COMMITTEE

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 a meeting held August 10, 2004 the Finance Committee reviewed the claims for the month of July 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $448,897.52

River Park $ 1,789.24

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 an August 9, 2004 meeting the Judicial and Legislative Committee reviewed a proposed ordinance prohibiting the feeding of deer and they recommended that a public hearing be scheduled on the proposed ordinance.

S/JUDICIAL & LEGISLATIVE 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.

Regular Council Proceedings

August 16, 2004

Page Four

COMMITTEE REPORT:

At an August 9, 2004 meeting the Public Works Committee reviewed equipment needs in the Public Works Department and recommended purchasing a 2003 International plow truck from Schultz Equipment at the cost of $80,300 and that the bid process be waived due to the truck meeting State specifications and being below the State bid price.

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.

At an August 9, 2004 meeting the Public Works Committee reviewed Application for Payment #6 and final in the amount of $14,309.80 and Contract Modification #4 decreasing the contract amount by $35,340.93 to Barley Excavating, Inc. for Contract 03-RD-03 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 Plemel to adopt the foregoing report. This motion was carried unanimously.

At an August 3, 2004 meeting the Public Works Committee reviewed Application for Payment #4 in the amount of $48,269.10 and Contract Modification #3 increasing the contract amount by $1,529.09 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 Jasper and seconded by Council Member Mick to adopt the foregoing report. This motion was carried unanimously.

A motion was made by Council Member Fernstrum and seconded by Council Member Mick to uphold the order of the Condemnation Board concerning the structure at 2104-14^th Avenue (CB Case #02-003).

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

NAYS: None

This motion was carried unanimously.

Regular Council Proceedings

August 16, 2004

Page Five

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: Water Main Construction on Forty-Eighth Avenue from Tenth Street (US-41) to Sixth 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 Jasper to adopt the foregoing resolution. This motion was carried unanimously.

The following resolution was considered next:

WHEREAS, the City Engineer has caused to be prepared a report concerning certain public improvements as hereinafter described, which includes all the information required to be included by the provisions of Section 4 of the City’s Special Assessment Ordinance; and

WHEREAS, the Council has reviewed said reports; and

Regular Council Proceedings

August 16, 2004

Page Six

WHEREAS, the Council has determined that it is necessary to construct said public improvements in the City more particularly described in this resolution;

NOW, THEREFORE, BE IT RESOLVED THAT:

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

Regular Council Proceedings

August 16, 2004

Page Seven

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 proclamation:

_____________________________________________________________________________________

WHEREAS, the City of Menominee has long had a distinguished history of National Guard service, the duty extending from stints with various outside units to its local detachment, and including commitments in World War I, World War II, Korean War and assorted domestic emergencies during periods of national crisis; and

WHEREAS, the present Menominee Detachment of the 46^th Military Police Company, headquartered in Kingsford, Michigan, was summoned to serve our nation in January of 2003 in the ongoing fight against terrorism; and

WHEREAS, our local detachment was ordered to join United States forces and Allied troops in Kuwait and Iraq in May 2003, leaving family, friends and their everyday jobs to assist a hapless country under a ruthless dictatorship so that this torn nation, namely Iraq, could become a free democracy; and

WHEREAS, the members of the Menominee Detachment, 46^th MP Company, performed their task in superb fashion during a grueling 15-month hitch for the cause of justice and freedom for the Iraqi people, and other populations under threat of dangerous and evil terrorist networks;

Regular Council Proceedings

August 16, 2004

Page Eight

NOW, THEREFORE, BE IT RESOLVED, that the City of Menominee by its City Council, at its meeting on August 16, 2004, honor Menominee Detachment, 46^th Military Police Company, in recognition of the unit's splendid performance during its long and rigorous tour of duty in a perilous war zone, along with the great personal sacrifice and courage exhibited by the men and women who form this Detachment, and whereby the Menominee City Council and all of the citizens of our community will be forever appreciative for your service.

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

Mayor Krah opened the public comment session.

Roger Grinsteiner, Stephenson, MI spoke on the recent firefighter hiring process.

Council Member Mick said that all procedures and the policy were followed.

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

A motion was made by Council Member Plemel 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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