CITY OF
MENOMINEE, MICHIGAN
REGULAR
COUNCIL PROCEEDINGS
OCTOBER
16, 2006
A
regular meeting of the Menominee City Council, City of Menominee, County of
Menominee, State of Michigan, was held Monday, October 16, 2006 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,
and Schloegel
ABSENT: Council Members Pintarelli and Sorensen
(both excused)
PRESENT:
7 ABSENT: 2
A
motion was made by Council Member Jasper and seconded by Council Member
Fernstrum to excuse Council Members Pintarelli and Sorensen from the
meeting. This motion was carried
unanimously.
A
motion was made by Council Member Hudon and seconded by Council Member Jasper
to approve the agenda for the meeting dated October 9, 2006. This motion was carried unanimously.
There
being no additions or corrections to the minutes of the regular meeting of
September 18, 2006 or the special meetings of September 26, 2006 and October 9,
2006, the minutes stood approved as presented.
PUBLIC HEARINGS:
Mayor Krah opened the public
hearing called for the purpose of hearing citizen comments on the application for
an industrial facilities exemption certificate from the L. E. Jones
Company.
No one was heard.
A motion was made by Council
Member Jasper and seconded by Council Member Mick to close the public
hearing. This motion was carried
unanimously.
Mayor Krah opened the public
hearing called for the purpose of hearing citizen comments on proposed
application to the Michigan State Housing Development Authority for funding
through the Housing Resource Fund for a targeted rental rehabilitation housing
program.
No one was heard.
A motion was made by Council
Member Jasper and seconded by Council Member Mick to close the public
hearing. This motion was carried
unanimously.
Regular Council Proceedings
October 16, 2006
Page Two
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 Jasper and
seconded by Council Member Schloegel to close the public comment session. This motion was carried unanimously.
REPORTS
OF OFFICERS:
Under reports of officers, Mayor Krah submitted for
confirmation the appointment of Marion Enstrom to the Downtown Development
Authority, replacing Kim Derusha who resigned, with her term to expire January
25, 2008.
A motion was made by Council Member Jasper and
seconded by Council Member Mick to confirm the appointment. This motion was carried unanimously.
COMMITTEE REPORT:
The
Finance Committee reported that they reviewed the claims for September 2006 and
they recommended that checks be drawn on the treasurer in payment of the bills
as follows:
General Fund in the amount of
$2,380,748.28 River Park Fund
in the amount of $26,479.12
S/FINANCE COMMITTEE
A motion was made by Council Member Organ and seconded
by Council Member Hudon to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed Pay Estimate #2 in the amount of $71,343.72 and Contract
Modification #2 increasing the contract amount by $1,077.45 to Barley Trucking
and Excavating, Inc. for Contract 06-RD-01, 2006 Road Project and they
recommended that they be approved.
A motion was made by Council Member Mick and seconded
by Council Member Jasper to adopt the foregoing report. This motion was carried unanimously.
Regular Council Proceedings
October 16, 2006
Page Three
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed Contract Modification #3 increasing the contract amount
by $22,942.00 (for 15th Street US-41 detour route paving) to Barley
Trucking and Excavating, Inc. for Contract 06-RD-01, 2006 Road Project and they
recommended that it be approved.
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:
The Public Safety/Public Works Committee reported
that they had reviewed Pay Estimate #2 in the amount of $149,932.84 and
Contract Modification #1 decreasing the contract amount by $10,439.70 to Kakuk
Construction, Inc. for Contract 06-RD-05, 18th Street Watermain and
Roadway Construction and they recommended that they be approved.
A motion was made by Council Member Fernstrum and
seconded by Council Member Jasper to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed the request from AT&T for permission to install new,
telephone cable and ductwork at the following locations:
14th Avenue from
13th Street to 14th Street on the North side of the
street
14th Street from
14th Avenue to 11th Avenue on the West side of the street
11th Avenue from
14th Street to 15th Street on the South side of the
street
and they recommended that the request be approved.
A motion was made by Council Member Jasper and
seconded by Council Member Hudon to adopt the foregoing report. This motion was carried unanimously.
Regular Council Proceedings
October 16, 2006
Page Four
COMMITTEE REPORT:
The Special Projects/Community Relations Committee
reported that they had reviewed the following resolution authorizing the
Menominee Opera House Committee, Inc. to submit a grant application and they
recommended that the resolution be adopted:
RESOLUTION
RESOLVED:
That the Menominee Opera House Committee, Inc. is
authorized and directed to file an application for $45,000 for an Historic
Structures Report and that upon approval of the final application by the
Department of History, Arts and Libraries, the Menominee Opera House Committee,
Inc. shall be authorized to sign the grant contract, any necessary amendments
to the grant contract, other contract related document, and the required
covenant/easement.
S/SPECIAL PROJECTS/COMMUNITY RELATIONS
COMMITTEE
A motion was made by Council Member Fernstrum and
seconded by Council Member Jasper to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
The Special Projects/Community Relations Committee
reported that they had reviewed submitting an application to the Michigan State
Housing Development Authority for funding through the Housing Resource Fund for
a targeted rental rehabilitation housing program and they recommended that the
following resolution be adopted:
WHEREAS, the City of Menominee is interested in the
continuing efforts to provide affordable housing opportunities to its low and
very low income residents; and
WHEREAS, city staff has prepared an application to
the Michigan State Housing Development Authority for funding through the
Housing Resource Fund for a targeted rental rehabilitation housing program; and
THEREFORE, BE IT RESOLVED, the City of Menominee
will submit an application for funding to the Michigan State Housing
Development Authority in the amount of $400,000 for a rental rehabilitation
housing program and authorizes the Mayor to sign the application on behalf of
the City of Menominee.
AND FURTHER RESOLVES, that Thomas DeNike, City
Clerk/Treasurer shall serve as the “Fair Housing Contact Person” and designates
the selected housing program administrator to assist with such duties and
responsibilities.
S/SPECIAL PROJECTS/COMMUNITY RELATIONS
COMMITTEE
Regular Council Proceedings
October 16, 2006
Page Five
A motion was made by Council Member Jasper and
seconded by Council Member Hudon to adopt the foregoing report. This motion was carried unanimously.
MOTIONS
AND RESOLUTIONS:
The following resolution was presented 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 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 October 16, 2006, 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 September 6, 2006, 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;
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:
Regular
Council Proceedings
October
16, 2006
Page
Six
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 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.
No one was heard.
A motion was made by Council Member Jasper and
seconded by Council Member Fernstrum to close the public comment session. This motion was carried unanimously.
ADJOURN:
A motion was made by Council Member Mick and seconded
by Council Member Jasper to adjourn the meeting. This motion was carried unanimously.
Thomas F. DeNike, City Clerk/Treasurer
/skj