CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

SEPTEMBER 19, 2005

 

 

 

 

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, September 19, 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

ABSENT:    Council Member Sorensen (excused)

 

PRESENT:  8                ABSENT:  1

 

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

 

 

A motion was made by Council Member Mick and seconded by Council Member Jasper to approve the agenda for the meeting dated September 12, 2005.  This motion was carried unanimously.

 

 

There being no additions or corrections to the minutes of the regular meeting of August 15, 2005, the minutes stood approved.

 

 

PUBLIC HEARING:

 

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the application for the exemption of new personal property from Lloyd Flanders Industries, Inc. 

 

Sara Shipman-Meyers, 1704-7th Street, asked if their current location was the best use of waterfront property.

 

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

 

Regular Council Proceedings

September 19, 2005

Page Two

 

 

 

PUBLIC COMMENT:

 

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

 

Richard Johnson, 321 Henes Park Drive, said he was in favor of dogs.  He said that half of the signatures on the petitions opposed to allowing dogs in Henes Park were not local people.  Goose droppings could cause more problems than dogs.  Dog owners are in control of their pets.

 

Mark Erickson, 1705-18th Avenue, spoke regarding rubbish bin fees.  He hauls his trash weekly instead of having it picked up.  Fees may cause problems with accumulations of junk throughout the city.

 

DeeAnne Pohlmann, 4203 Michigan Shores Drive, said that the Henes Park Board talked about allowing dogs at their last meeting.  Could compromise – allow dogs in some parks and not in others.  No dogs in Henes Park.  Henes Park is nature.  Enforcement is hard and the park is closed for half of the year.

 

Susan Johnson, 321 Henes Park Drive, supports the 12 month trial period in Henes Park.

 

Sara Shipman-Myers, 1704-7th Street, said it was too bad council seemed to be having such trouble with dogs in the parks.  Common sense should rule.  People need to come together for the common good.

 

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

 

 

COMMITTEE REPORT:

 

The Finance Committee reported that they reviewed the claims for the month of August 2005 during a meeting held September 12, 2005 at which a quorum was not present and those present recommended that checks be drawn on the treasurer in payment of the bills as follows:

 

            General Fund                 $555,319.09                  River Park Fund            $  16,244.21

 

S/FINANCE COMMITTEE

 

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:

 

The Finance Committee reported that they reviewed the bill from the Environmental Quality Company for removal of contaminated soil at Spies Field in the amount of $5,523.33 during a meeting held September 12, 2005 at which a quorum was not present and those present recommended that it be paid and that the bid process be waived due to time constraints. 

 

S/FINANCE COMMITTEE

Regular Council Proceedings

September 19, 2005

Page Three

 

 

 

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:

 

The Judicial and Legislative Committee and the Parks and Recreation Committee reported that they reviewed proposed amendments to MOC 5:1.1(14) Use of Parks – Animals during their joint meeting on September 6, 2005 and they recommended that the proposed ordinance be adopted as presented under a twelve month trial period with the Henes Park Board making a recommendation on John Henes Park.

 

S/JUDICIAL AND LEGISLATIVE COMMITTEE

S/PARKS AND RECREATION COMMITTEE

 

The ordinance reads as follows:

 

Dogs in Parks

 

TITLE  5:            PARKS AND PUBLIC GROUNDS

CHAP. 1:            USE OF PARKS

 

(14)            ANIMALS

 

New language:

 

(A)       Pets.  Dogs are permitted in parks, subject to the conditions set forth below, unless a sign is posted bearing the legend “No Dogs Allowed”.  In the event such a sign is posted, it shall not apply to any dog which is used as a guide dog or leader dog for a blind person, to a hearing dog for a deaf or audibly impaired person, or to a service dog for a physically limited person, as each of those terms is defined by state law.

 

(B)       Leash Required.  In park areas where dogs are permitted, all dogs shall at all times be kept on a leash no more than six feet in length, and kept under the immediate control of the owner, handler or person accompanying the animal.

 

(C)       Off-Limits Areas.  Dogs and other household pets are not permitted in any park beach areas, playgrounds, tennis courts, or on sports fields and bleachers.

 

(D)            Excrement Removal.  No person owning, handling or accompanying a dog shall allow or permit that dog to be in any area of the park unless that person has in their immediate possession an appropriate device for the scooping of dog excrement and an appropriate depository for the transmission of dog excrement to a receptacle located either in the park or on property possessed or owned by that person.

Regular Council Proceedings

September 19, 2005

Page Four

 

 

 

(E)       Posted Areas.  The City Manager is authorized to have parks or park areas designated as “no dogs allowed” by having signs posted, as deemed necessary for the public health, safety and welfare.

 

(F)            Penalties for Violation.  Any person who violates any of these provisions concerning dogs in parks shall be responsible for a civil infraction pursuant to M.O.C. 12:1.

 

Delete/Repeal:

5:2.2 (C)(2)            Great Lakes Memorial Marina Park and household pets.

5:2.2 (D)(2)            River Park Campground and household pets.

 

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

 

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

NAYS: Organ

 

This motion was carried.

 

 

COMMITTEE REPORT:

 

The Parks and Recreation Committee reported that they reviewed Application for Payment #1 in the amount of $21,600.00 to Kakuk Construction, Inc. for the Spies Field arch relocation at their September 6, 2005 meeting and they recommended that it be approved. 

 

S/PARKS AND RECREATION COMMITTEE

 

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

 

 

COMMITTEE REPORT:

 

The Parks and Recreation Committee reported that they reviewed Application for Payment #4 in the amount of $425,054.12 to Kakuk Construction, Inc. for Contract 03-PK-04 Spies Field expansion/renovation at their September 6, 2005 meeting and they recommended that it be approved. 

 

S/PARKS AND RECREATION COMMITTEE

 

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

 

Regular Council Proceedings

September 19, 2005

Page Five

 

 

 

COMMITTEE REPORT:

 

The Public Works Committee reported that they reviewed an amendment to the landfill disposal agreement with Waste Management at their September 6, 2005 meeting that would roll back the disposal rate from $41.94 per ton to $36.94 per ton, reduce the annual increase from four percent to the CPI rate not to exceed three percent, and extend the term of the contract back to ten years which is June 31, 2015 and they recommended that the amendment be approved.

 

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.

 

 

COMMITTEE REPORT:

 

The Public Works Committee reported that they reviewed charging fees for use of the rubbish bins at their September 6, 2005 meeting and they recommended charging an annual fee of $20.00 for a sticker per vehicle beginning January 1, 2006, requiring stickers for carpet and padding at no charge, and requiring stickers and charging $5.00 per sticker for a mattress, box spring, and each piece of upholstered furniture beginning January 1, 2006. 

 

S/PUBLIC WORKS COMMITTEE

 

A motion was made by Council Member Plemel and seconded by Council Member Mick to refer this back to the committee.  This motion was carried unanimously.

 

 

MOTIONS AND RESOLUTIONS:

 

A motion was made by Council Member Plemel and seconded by Council Member Hudon to approve the application for the exemption of new personal property from Lloyd Flanders Industries, Inc.  This motion was carried unanimously.

 

 

The following resolution was the next agenda item:

 

RESOLUTION

 

 

RESOLVED, the following location is designated as the polling place for all of the four wards in the City of Menominee for the General Election to be held Tuesday, November 8, 2005:

 

Menominee High School Cafeteria

2101-18th Street

Regular Council Proceedings

September 19, 2005

Page Six

 

 

 

and that the Election Board consist of Chairperson and up to five (5) inspectors for each ward and that the rate of pay be $9.50 per hour for Chairpersons and $8.75 per hour for inspectors and the janitors at the schools be paid $9.00;

 

RESOLVED FURTHER, that all election personnel be paid $15.00 for attending the Election School and $10.00 for attending the Election Session for Chairpersons preceding the election;

 

RESOLVED FURTHER, that the polling place be open from 7 a.m. to 8 p.m., Local Time, on said day.

 

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

 

 

The next agenda item was the following resolution:

 

RESOLUTION

 

At a regular meeting of the Menominee City Council called to order by Mayor George W. Krah on September 19, 2005 at 5 p.m. the following resolution was offered:

 

Moved by Council Member Mick and supported by Council Member Schloegel that the request from T&N INC OF MENOMINEE to transfer ownership of 2005 Class C licensed business with Dance Permit, located at 732-736 Tenth, Menominee, MI 49858, Menominee County, from Mary Irene Everard 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 Mick and seconded by Council Member Schloegel to adopt the foregoing resolution.  This motion was carried unanimously.

 

 

PUBLIC COMMENT:

 

Mayor Krah opened the public comment session.

 

Hazel Dault, 3400 Tenth Street Lot #9, presented a petition against the blowing sand and dust from Stang Trucking and the county sand pile.

 

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.

 

Regular Council Proceedings

September 19, 2005

Page Seven

 

 

 

ADJOURN TO CLOSED SESSION TO DISCUSS PENDING LITIGATION:

 

A motion was made by Council Member Plemel and seconded by Council Member Fernstrum 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:  Hudon, Jasper, Krah, Mick, Organ, Plemel, Schloegel, and Fernstrum

NAYS: None

 

This motion was carried unanimously.

 

 

RETURN TO OPEN SESSION:

 

A motion was made by Council Member Plemel and seconded by Council Member Schloegel to return to open session.  This motion was carried unanimously.

 

 

ADJOURN:

 

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

 

 

 

 

 

 

 

 

 

 

/skj