CITY OF MENOMINEE, MICHIGAN

CITY OF MENOMINEE, MICHIGAN

REGULAR COUNCIL PROCEEDINGS

SEPTEMBER 20, 2004

A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, September 20, 2004 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: Council Members Fernstrum, Hudon, Jasper, Mick, Organ, Plemel, and Schloegel

Mayor Krah

ABSENT: Council Member Sorensen (excused)

PRESENT: 8 ABSENT: 1

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

A motion was made by Council Member Jasper and seconded by Council Member Mick to approve the agenda for the meeting dated September 17, 2004. This motion was carried unanimously.

There being no additions or corrections to the minutes of the regular meeting of August 16, 2004 or the special meetings of August 25, 2004 or September 7, 2004, the minutes of all of the meetings stood approved as presented.

PUBLIC HEARING:

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the sale of lots in Circle Lane Subdivision Phase III.

Wayne Antilla, 2801-19^th Street, said he would like to purchase a lot, but not for the purpose of building a home.

Mike Sobay, 2005 2005-30^th Avenue, had questions concerning the grade and the possibility for drainage problems caused by a new home being built.

The following petition containing signatures from property owners was received:

"We, the undersigned are property owners that either border or live in Circle Lane. It is our understanding that some property owners would like to purchase lots that border their property. We do not have any problem with any of these people who wish to enhance their property. We are against any deed restrictions that may be placed on this property. We would also agree that those property owners should have the first right of refusal."

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

Regular Council Proceedings

September 20, 2004

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 Plemel to close the public comment session. This motion was carried unanimously.

COMMUNICATIONS:

The only item under communications was an application for an industrial facilities exemption certificate from Anchor Coupling, Inc.

A motion was made by Council Member Plemel and seconded by Council Member Jasper to receive the application and place it on file. This motion was carried unanimously.

REPORTS OF OFFICERS:

The first item under reports of officers was the City Assessor's filing of the certified assessment roll for the proposed special assessment district on 23^rd Avenue (15^th to 18^th Street) for sidewalk construction as follows:

					12.167		13.667
Owner	Description	Frontage	Sidewalk to remain	4" Sidewalk	4" Estimated Assessment	6" Sidewalk at Driveways	6" Estimated Assessment	Estimated Assessment
1816-000 Jacob Bierchen 1513 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 5 Blk 3	60.00	0.00	60.00	730.02	0.00	0.00	730.02
1817-000 Kelly S. Parrson 901 Augin Street #78 Peshtigo, WI 54157	Ingalls Add Lot 6 Blk 3 (1509 23rd Ave)	60.00	0.00	60.00	730.02	0.00	0.00	730.02
1818-000 Roberta Bretl 1505 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 7 Blk 3	60.00	15.00	45.00	547.52	0.00	0.00	547.52
1819-000 Tim A. Dessart 1501 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 8 Blk 3	60.00	0.00	60.00	730.02	0.00	0.00	730.02
1820-000 Michael J. & Colleen Paris 1500 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 1 Blk 4	60.00	60.00	0.00	0.00	0.00	0.00	0.00
1821-000 James LaPointe & wife 1504 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 2 Blk 4	60.00	6.00	44.00	535.35	10.00	136.67	672.02

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September 20, 2004

Page Three

1822-000 Darlene A. Isaacson 1508 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 3 Blk 4	60.00	16.50	43.50	529.26	0.00	0.00	529.26
1823-000 Emily Heckel etal 1512 23rd Avenue Menominee, MI 49858	Ingalls Add Lot 4 Blk 4	60.00	41.50	18.50	225.09	0.00	0.00	225.09
2429-000 Michael W. Smith 1613 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 5 Blk 1	60.00	0.00	50.00	608.35	10.00	136.67	745.02
2430-000 Arthur Landenberger 1609 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 6 Blk 1	60.00	0.00	50.00	608.35	10.00	136.67	745.02
2431-000 Dennis M. & Nora Ahrndt 1605 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 7 Blk 1	60.00	30.75	29.25	355.88	0.00	0.00	355.88
2432-000 Patricia & Andrew Kelly 8364 N. Missionwood Circle Miramar, FL 33025	Adolph Paalzows 1st Add Lot 8 Blk 1 (1601 23rd Ave)	60.00	44.00	16.00	194.67	0.00	0.00	194.67
2438-000 Brian Rivard 1717 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add W½ of Lots 6 & 7 Blk 2	56.50	0.00	56.50	687.44	0.00	0.00	687.44
2439-000 Owen Barker 1713 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add E½ of Lots 6 & 7 Blk 2	56.50	0.00	46.50	565.77	10.00	136.67	702.44
2440-000 Cindy Lebeau W 2892 Spitzmacher Road Peshtigo, WI 54157	Adolph Paalzows 1st Add Lots 8 & 9 Blk 2 (1705 23rd Ave)	120.00	90.00	30.00	365.01	0.00	0.00	365.01
2441-000 Joseph & Marie Joran 13533 Findlay Avenue Apple Valley, MN 55124	Adolph Paalzows 1st Add Lot 10 Blk 2 (1701 23rd Ave)	60.00	0.00	60.00	730.02	0.00	0.00	730.02
2442-000 Harold Nerat & wife 1700 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 1 Blk 3	60.00	0.00	60.00	730.02	0.00	0.00	730.02
2443-000 Richard Christophersen 1704 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 2 Blk 3	60.00	0.00	47.00	571.85	13.00	177.67	749.52
2444-000 Scott & Jill Lesage 1327 Graceland Terrace Green Bay, WI 54313	Adolph Paalzows 1st Add Lot 3 Blk 3 (1708 23rd Ave)	60.00	0.00	50.00	608.35	10.00	136.67	745.02

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September 20, 2004

Page Four

2445-000 Sandra Frederick 1714 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lots 4 & 5 Blk 3	109.99	0.00	97.49	1,186.16	12.50	170.84	1,357.00
2451-000 Eric Berg 1600 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 1 Blk 4	60.00	0.00	60.00	730.02	0.00	0.00	730.02
2452-000 Steven J. Roman & wife 1604 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 2 Blk 4	60.00	12.00	48.00	584.02	0.00	0.00	584.02
2453-000 Bruce Delfosse & wife 1608 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 3 Blk 4	60.00	0.00	50.00	608.35	10.00	136.67	745.02
2454-000 Robert & Mary Lablanc 1612 23rd Avenue Menominee, MI 49858	Adolph Paalzows 1st Add Lot 4 Blk 4	60.00	0.00	50.00	608.35	10.00	136.67	745.02

	TOTALS	1,542.99	315.75	1,131.74	13,769.89	95.50	1,305.20	15,075.09

E S T I M A T E D C O N S T R U C T I O N C O S T
S P E C I A L A S S E S S M E N T D I S T R I C T F O R
2 3 r d A V E N U E ( 1 5 t h S T t o 1 8 t h S T )

	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	754.49	3,772.45
8030002	Sidewalk, Concrete, 4"	sq.ft.	3.50	6,790.44	23,766.54

	Estimated 4" Construction Cost				27,538.99
	½ Sidewalk Fund				13,769.50
	½ Assessable				13,769.49
	Total 4" Footage		1,131.74
	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	63.67	318.35
8030003	Sidewalk, Concrete, 6"	sq.ft.	4.00	573.00	2,292.00
	Estimated 6" Construction Cost				2,610.35
	½ Sidewalk Fund				1,305.18
	½ Assessable				1,305.17
	Total 6" Footage		95.50
	Assessable Cost per Foot		13.667
	P R O J E C T C O S T S
	Property owners estimated assessment				15,075.09
	City share of project cost				15,074.25
	Total Estimated Cost				30,149.34

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September 20, 2004

Page Five

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

Next, Mayor Krah submitted the following reappointments for confirmation:

Anthony Furton to the Economic Development Corporation with his term to expire August 8, 2010.

John Henes to the Library Board of Trustees with his term to expire May 1, 2009.

Kent Hanson & James LeMay to the Zoning Board of Appeals with their term to expire October 15, 2007.

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

COMMITTEE REPORT:

At a September 7, 2004 meeting the Buildings and Grounds Committee reviewed Application for Payment #1 in the amount of $3,330.00 and Application for Payment #2 in the amount of $79,380.00 to The Markell Company for Reroofing of the Municipal Complex and they recommended that they be approved.

S/BUILDINGS AND GROUNDS COMMITTEE

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

COMMITTEE REPORT:

At a meeting held September 7, 2004 the Finance Committee reviewed the claims for the month of August 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $441,917.22

River Park $ 16,910.79

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.

COMMITTEE REPORT:

At a September 7, 2004 meeting, the Judicial and Legislative Committee reviewed a proposed Mutual Aid Agreement between the City of Marinette and the City of Menominee Police Department and they recommended that the agreement be approved.

S/JUDICIAL AND LEGISLATIVE COMMITTEE

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September 20, 2004

Page Six

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 a September 7, 2004 meeting the Judicial and Legislative Committee further 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.

COMMITTEE REPORT:

At a September 7, 2004 meeting the Judicial and Legislative Committee reviewed proposed amendments to MOC 2:1 - Animal Control 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 September 7, 2004 meeting the Personnel and Labor Committee reviewed pay adjustments for the election workers and recommended that chairpersons and inspectors receive an hourly increase in the amount of 50¢ and that they be paid $15 for attending training sessions held within the City and $20 for attending training sessions held at the Annex Building in Stephenson.

S/PERSONNEL & LABOR COMMITTEE

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

COMMITTEE REPORT:

At a meeting held September 7, 2004 meeting the Public Works Committee reviewed the estimated cost in the amount of $8,692.00 to pave 48^th Avenue East of M-35 and they recommended proceeding with the work.

S/PUBLIC WORKS COMMITTEE

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September 20, 2004

Page Seven

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

COMMITTEE REPORT:

At a September 7, 2004 meeting the Public Works Committee reviewed the agreement with the State of Michigan Department of Transportation for the reconstruction of 48^th Avenue from US-41 easterly to M-35 and they recommended that the following resolution be adopted:

RESOLUTION

RESOLVED, that the City of Menominee, Michigan does hereby accept the terms of Contract No. 04-5281 (48^th Avenue from US-41 easterly to M-35), 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:

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

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

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

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

COMMITTEE REPORT:

At a September 7, 2004 meeting the Public Works Committee reviewed the bids received to supply a new crack sealer for the Department of Public Works and they recommended acceptance of the bid submitted by Sherwin Industries in the amount of $26,000 for a demo unit with 100-200 hours of use.

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.

COMMITTEE REPORT:

At a September 7, 2004 meeting the Public Works Committee reviewed the bids received for Contract 04-RD-05, 34^th Avenue Road Reconstruction and recommended acceptance of the low bid submitted by Barley Trucking and Excavating, Inc. in the amount of $98,526.50.

S/PUBLIC WORKS COMMITTEE

Regular Council Proceedings

September 20, 2004

Page Eight

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

COMMITTEE REPORT:

At a September 7, 2004 meeting the Public Works Committee reviewed Application for Payment #1 in the amount of $85,048.11 and Contract Modification #1 increasing the contract amount by $9,774.70 to Barley Trucking and Excavating, Inc. for Contract 04-RD-03, 14^th Street, 15^th Street, and 42^nd Avenue 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.

COMMITTEE REPORT:

At a September 7, 2004 meeting the Public Works Committee reviewed Application for Payment #5 in the amount of $11,614.25 and Contract Modification #4 decreasing the contract amount by $771.39 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 Plemel and seconded by Council Member Fernstrum to adopt the foregoing report. This motion was carried unanimously.

COMMITTEE REPORT:

At a September 16, 2004 meeting the Buildings and Grounds Committee reviewed requirements from the State of Michigan for the plat for Circle Lane Subdivision Phase III and recommended that the following resolution be adopted:

RESOLUTION

WHEREAS, the City of Menominee is developing Circle Lane Subdivision Phase III; and

WHEREAS, the City of Menominee desires to submit the plat for Circle Lane Subdivision Phase III to the State of Michigan for approval; and

WHEREAS, the State of Michigan will not allow the City of Menominee to sell lots in this subdivision until water and sewer utilities are installed;

NOW, THEREFORE, BE IT RESOLVED, that the City of Menominee will not sell any lots in this subdivision until the water and sewer utilities are installed.

S/BUILDINGS AND GROUNDS COMMITTEE

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September 20, 2004

Page Nine

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

COMMITTEE REPORT:

RESOLUTION

WHEREAS, the City of Menominee is developing Circle Lane Subdivision Phase III; and

WHEREAS, the City of Menominee desires to submit the plat for Circle Lane Subdivision Phase III to the State of Michigan for approval; and

WHEREAS, there are several existing easement of records related to the property in this area;

NOW, THEREFORE, BE IT RESOLVED, that the City of Menominee, as part of the platting process, vacates the existing easements of record.

S/BUILDINGS AND GROUNDS COMMITTEE

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

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

NAYS: None

This motion was carried unanimously.

COMMITTEE REPORT:

At a September 16, 2004 meeting the Parks and Recreation Committee reviewed the Memorandum of Agreement between the National Park Service and the Michigan State Historic Preservation Office regarding the expansion of the Menominee Sports Complex (Spies Athletic Field) and they recommended that the agreement be approved and that Anthony D. Furton, City Manager, be authorized to sign all of the necessary documents.

S/PARKS AND RECREATION COMMITTEE

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

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September 20, 2004

Page Ten

COMMITTEE REPORT:

At a September 16, 2004 meeting the Public Works Committee reviewed the agreement with the State of Michigan Department of Transportation for historic lighting on the Interstate Bridge and they recommended that the following resolution be adopted:

RESOLUTION

RESOLVED, that the City of Menominee, Michigan does hereby accept the terms of Contract No. 04-5322 (historic lighting on the Interstate Bridge), 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:

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

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

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

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

COMMITTEE REPORT:

At a September 16, 2004 meeting the Special Projects Committee reviewed the Adopt-A-Street program and recommended that the city council adopt the following streets:

First Ward: Industrial Road First Street to Tenth Street

Second Ward: 18^th Avenue West Drive to Memorial Drive

Third Ward: 22^nd Street 23^rd Avenue to 38^th Avenue

Fourth Ward: 13^th Street 38^th Avenue to 56^th Avenue

56^th Avenue Bay De Noc Road to US-41

S/SPECIAL PROJECTS COMMITTEE

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

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September 20, 2004

Page Eleven

COMMITTEE REPORT:

The Economic Development Citizen Advisory Committee reports that they have developed, reviewed, and approved the proposed by-laws, job description, and budget for a new economic development program and they recommended approval of the documents.

S/ECONOMIC DEVELOPMENT CITIZEN ADVISORY COMMITTEE

A motion was made by Council Member Organ and seconded by Council Member Jasper 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

RESOLVED, the following places are designated as polling places for the General Election to be held Tuesday, November 2, 2004:

First Ward Roosevelt School

Second Ward Middle School

Third Ward Precincts A & B National Guard Building

Fourth Ward Lincoln School

and that the Election Board consist of Chairman and up to five (5) inspectors for each precinct and that the rate of pay be $9.50 per hour for Chairmen 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 places 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 Plemel to adopt the foregoing resolution. This motion was carried unanimously.

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September 20, 2004

Page Twelve

The following resolution was considered next:

RESOLUTION NO. 3

CITY OF MENOMINEE - COUNTY OF MENOMINEE, MICHIGAN

SPECIAL ASSESSMENT DISTRICT FOR

48^th AVENUE (TENTH STREET TO SIXTH STREET)

WATER MAIN 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. The City Council shall meet at City Hall at 5 p.m., Local Time, on October 18, 2004 for the purpose of hearing all persons interested in said improvement and special assessment roll and reviewing the same, and at said hearing all interested persons shall be afforded an opportunity to be heard.

3. The City Clerk is directed to publish notice of said hearing once in the Eagle Herald, said publication to be not less than ten (10) days prior to the date of said public hearing and shall further cause notice of said hearing to be sent by first class mail to each owner of or person in interest in property to be assessed as shown by the last general tax assessment roll of the City, at least ten (10) days before the time of said public hearing, and said notice to be mailed to the address shown on said general tax rolls of the City.

4. 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 Organ to adopt the foregoing resolution. This motion was carried unanimously.

The following resolution was the next agenda item:

RESOLUTION NO. 3

CITY OF MENOMINEE, COUNTY OF MENOMINEE, MICHIGAN

SPECIAL ASSESSMENT DISTRICT FOR

23^rd AVENUE (15^th Street to 18^th Street)

SIDEWALK CONSTRUCTION PROJECT (REPORT APPROVAL)

WHEREAS, the City Clerk / 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 / Treasurer;

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Page Thirteen

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/Treasurer for public examination.

2. The City Council shall meet at City Hall at 5 p.m., Local Time, on October 18, 2004, for the purpose of hearing all persons interested in said improvement and special assessment roll and reviewing the same, and at said hearing all interested persons shall be afforded an opportunity to be heard.

3. The City Clerk/Treasurer is directed to publish notice of said hearing once in the Eagle-Herald, said publication to be not less than ten (10) days prior to the date of said public hearing and shall further cause notice of said hearing to be sent by first class mail to each owner of or person in interest in property to be assessed as shown by the last general tax assessment roll of the City, at least ten (10) days before the time of said public hearing, and said notice to be mailed to the address shown on said general tax rolls of the City.:

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 final resolution on the agenda was as follows:

RESOLUTION

WHEREAS, pursuant to 1974 P.A. 198, MCLA 207.655, M.S.A. 7.800(5) as amended, the City Council has established Menominee Industrial Development District No. 1;

WHEREAS, Anchor Coupling, Inc. is an owner of property located within said district, has applied for an Industrial Facilities Exemption Certificate under provisions of 1974 P.A. 198, Sec. 5(1);

WHEREAS, 1974 P.A. 198, Sec. 5(2) provides that before acting upon an application for an Industrial Facilities Exemption Certificate, the City Council shall afford the applicant, the City Assessor, and a representative of the affected units an opportunity for a hearing;

1) That an application of said company for an Industrial Facilities Exemption Certificate shall remain on file in the Office of the City Clerk.

2) That the City Council shall meet in the Council Chambers on October 18, 2004 at 5 p.m., and shall provide to the City Assessor and a representative of each of the taxing units an opportunity to be heard on the question of said company's application for an Industrial Facilities Exemption Certificate with regard to proposed construction within said district.

3) That the City Clerk 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 Industrial Development District as follows:

a) That the City of Menominee has established the City of Menominee Industrial Development District No. 1 and has now received and will consider an application for an Industrial Facilities Exemption Certificate for facilities to be constructed within said district.

b) That the City Council shall meet on October 18, 2004 in the Council Chambers 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 the said application.

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September 20, 2004

Page Fourteen

That as to said district, the Facilities Exemption Certificate would be 50% of the expenditure in the amount of $2,269,339.

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

PUBLIC COMMENT:

Mayor Krah opened the public comment session.

Council Member Organ asked that the Circle Lane Subdivision Phase III covenants be referred to the Buildings and Grounds Committee. They will be on the agenda for their next meeting.

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

ADJOURN:

A motion was made by Council Member Jasper 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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