CITY OF MENOMINEE, MICHIGAN
REGULAR COUNCIL PROCEEDINGS
OCTOBER 17, 2005
A
regular meeting of the Menominee City Council, City of Menominee, County of
Menominee, State of Michigan, was held Monday, October 17, 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 Plemel and seconded by Council Member Jasper
to approve the amended agenda for the meeting dated October 14, 2005. This motion was carried unanimously.
There being no additions or corrections to the minutes
of the regular meeting of September 19, 2005, the minutes stood approved.
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.
REPORTS OF OFFICERS:
Mayor
Krah submitted the following appointments for confirmation:
Joe Dulak to the Economic Development Corporation with
his term to expire on August 7, 2008.
A motion was made by Council Member Plemel and seconded
by Council Member Fernstrum to confirm the appointment. This motion was carried unanimously.
Regular Council Proceedings
October 17, 2005
Page Two
Sara Shipman-Myers to the Zoning Board of Appeals,
replacing James Zobel who resigned, with her term to expire on October 15,
2006.
A motion was made by Council Member Fernstrum and
seconded by Council Member Plemel to confirm the appointment. This motion was carried unanimously.
Mayor Krah also submitted the following reappointments
for confirmation:
Joe Fournier, John Janowitz, and Robert Foley to the
Condemnation Board with their terms to expire on September 20, 2008.
A motion was made by Council Member Fernstrum and
seconded by Council Member Organ to confirm the reappointments. This motion was carried unanimously.
Annetta Hultman to the Housing Commission with her term
to expire on September 5, 2010.
A motion was made by Council Member Plemel and seconded
by Council Member Jasper to confirm the reappointment. This motion was carried unanimously.
John Baker, Karen Kloida, and Bruce Peters to the
Planning Commission with their terms to expire on October 7, 2008.
A motion was made by Council Member Fernstrum and
seconded by Council Member Plemel to confirm the reappointments. This motion was carried unanimously.
John Baker, James Hoffman, Debra Lemay, and Al Rasmussen
(as an alternate) to the Zoning Board of Appeals with their terms to expire on
October 15, 2008.
A motion was made by Council Member Plemel and seconded
by Council Member Fernstrum to confirm the reappointments. This motion was carried unanimously.
COMMITTEE REPORT:
The
Buildings and Grounds Committee reported that they had reviewed available fill
material in Circle Lane III and they recommended selling it for $2.00 per
square yard to those who purchase lots in the subdivision to be used for fill.
S/BUILDINGS AND GROUNDS COMMITTEE
A motion was made by Council Member Hudon and seconded by
Council Member Organ to adopt the foregoing report. This motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Three
COMMITTEE REPORT:
The
Buildings and Grounds Committee reported that they had reviewed Certificate of
Payment #3 in the amount of $16,477.00 and Certificate of Payment #4 in the
amount of $7,676.72 to Monosso and Son, Inc. for cornice replacement at Spies
Public Library and they recommended that they be approved.
A
motion was made by Council Member Hudon and seconded by Council Member Organ to
adopt the foregoing report. This motion
was carried unanimously.
COMMITTEE REPORT:
The Finance Committee reported
that they reviewed the claims for the month of September 2005 and they
recommended that checks be drawn on the treasurer in payment of the bills as
follows:
General
Fund $1,649,249.82
River
Park Fund $ 1,580.85
S/FINANCE
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 Judicial and Legislative
Committee reported that they had reviewed a proposed amendment to MOC 2:6.5(1)
Dangerous Weapon and they recommended that a public hearing be scheduled on the
proposed ordinance amendment.
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:
The
Parks and Recreation Committee reported that they reviewed Application for
Payment #2 in the amount of $23,400.00 to Kakuk Construction, Inc. for the
Spies Field arch relocation and they recommended that it be approved.
A motion was made by Council Member Plemel and seconded
by Council Member Organ to adopt the foregoing report. This motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Four
COMMITTEE REPORT:
The
Parks and Recreation Committee reported that they reviewed Application for
Payment #5 in the amount of $130,495.70 and Change Order #1 increasing the
contract amount by $960.94 to Kakuk Construction, Inc. for Contract 03-PK-04
Spies Field expansion/renovation and they recommended that they be approved.
A motion was made by Council Member Plemel and seconded
by Council Member Organ to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
The
Public Works Committee reported that they had reviewed a proposed amendment to
the Menominee County Solid Waste Plan to allow transfer stations in areas zoned
PL and they recommended that the following resolution be adopted:
RESOLUTION ON THE ADOPTION OF THE AMENDMENTS TO THE
MENOMINEE COUNTY SOLID WASTE MANAGEMENT PLAN
WHEREAS,
the City of Menominee has requested the Menominee County Solid Waste Plan be
amended to allow the siting of transfer stations within the City of Menominee
on lands zoned as PL; and
WHEREAS,
the Menominee County Solid Waste Planning Committee held a public hearing on
the amendments on September 14, 2005 and the Menominee County Board of
Commissioners, at their September 26, 2005 meeting, has approved the amendments
to the county solid waste plan.
BE
IT RESOLVED, the Menominee City Council approves the following amendments to
the Menominee County Solid Waste Plan:
1. Siting
criteria #12 on page III-44 of the Menominee County Solid Waste Plan would be
changed to read as follows: “If the
facility is proposed to be constructed within the city limits of Menominee, is
the location presently zoned as either M-1 Industrial or PL – Public Lands?”
2. An additional column in the siting
criteria’s checklist to be entitled “not applicable”.
3. On
page III-41 of the Menominee County Solid Waste Plan, the last sentence will be
changed to read: “If all of the
criteria are answered “yes” or “not applicable”, then the new facility or the
facility expansion is considered to be consistent with the plan.”
S/PUBLIC WORKS COMMITTEE
A motion was made by Council Member Jasper and seconded
by Council Member Fernstrum to adopt the foregoing report. This motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Five
COMMITTEE REPORT:
The
Public Works Committee reported that they reviewed charging fees for the use of
the rubbish bins at their October 10, 2005 meeting and they recommended
requiring stickers for carpet and padding at no charge, and requiring stickers
and charging $10.00 per sticker with the city manager authorized to prepare a
list of items requiring payment of the fee effective January 1, 2006.
S/PUBLIC WORKS 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
Public Works Committee reported that they had reviewed the Tenth Avenue
reconstruction project and they recommended approving a change order to the
contract for the installation of water lines for a possible sprinkler system at
the estimated cost of $12,000.
S/PUBLIC WORKS 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:
The
Public Works Committee reported that they had reviewed the proposed Tenth
Street and Tenth Avenue MDOT reconstruction project in 2007 and they
recommended requesting the MDOT to concrete the intersection of Tenth Street
and Tenth Avenue for durability and to pursue the purchase of the property
located at the Northeast intersection of Tenth Street and Tenth Avenue to ease
the turning radius and open up the congested intersection.
S/PUBLIC WORKS 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.
COMMITTEE REPORT:
The
Public Works Committee reported that they had reviewed extending storm sewer on
17th Avenue from 25th Street to 26th Street at
the estimated cost of $27,683 and they recommended that the city
clerk/treasurer be authorized to solicit bids for this work per the city
engineer’s specifications.
S/PUBLIC WORKS COMMITTEE
Regular
Council Proceedings
October
17, 2005
Page
Six
A
motion was made by Council Member Jasper and seconded by Council Member Plemel
to adopt the foregoing report. This
motion was carried unanimously.
COMMITTEE REPORT:
The
Special Projects Committee reported that they had reviewed the Menominee
Downtown Blueprint as prepared by Hyett-Palma and they recommended that it be
adopted.
S/SPECIAL PROJECTS COMMITTEE
A
motion was made by Council Member Hudon and seconded by Council Member Jasper
to adopt the foregoing report. This
motion was carried unanimously.
COMMITTEE REPORT:
The
Downtown Development Authority reported that they had reviewed the Menominee
Downtown Blueprint as prepared by Hyett-Palma and they recommended that it be
adopted as the Downtown element of the City’s Comprehensive Plan and overall
guide for further enhancement of Downtown Menominee.
S/DOWNTOWN DEVELOPMENT AUTHORITY
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
Downtown Development Authority reported that they had reviewed the TIF Plan and
they recommended that the City request bond counsel (Miller, Canfield, Paddock
and Stone) to review the plan and provide an opinion on present and future
status.
S/DOWNTOWN DEVELOPMENT AUTHORITY
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:
The MIDC reported that they had
reviewed the Menominee Iron Works loan through the Revolving Loan Fund and
recommended that the City accept $21,500 from Gerald Kwiatkowski as settlement
of the loan.
S/MIDC
Regular Council Proceedings
October 17, 2005
Page Seven
A motion was made by Council
Member Plemel and seconded by Council Member Mick to amend the report to read
as follows and adopt the report as amended.
COMMITTEE REPORT:
The MIDC reported that they had
reviewed the Menominee Iron Works loan through the Revolving Loan Fund and
recommended that the City accept $21,500 from Gerald Kwiatkowski as settlement
of the loan as part of the sale with the understanding that the City pursue the
personal guaranty and give the City Manager the authority to negotiate
settlement options with approval of the State and the City Council.
S/MIDC
This
motion was carried unanimously.
COMMITTEE REPORT:
The
MIDC reported that they had reviewed a request from Fitness Matters, LLC, to
extend their Revolving Loan Fund (RLF) interest only payments for one
additional year and they recommended that the request be approved and that the
monthly payment be increased to $175 subject to review of the financial
statements by the City Manager and MIDC Member John Reinke.
A motion was made by Council Member Fernstrum and
seconded by Council Member Mick to adopt the foregoing report. This motion was carried unanimously.
MOTIONS
AND RESOLUTIONS:
A motion was made by Council Member Plemel and seconded
by Council Member Hudon to reschedule the regular city council meeting
scheduled for November 21, 2005 at 6:30 p.m. to November 21, 2005 at 12
Noon. This motion was carried
unanimously.
The
following resolution was considered next:
FOR
ITS FACILITY IN
WHEREAS, pursuant to 1998 P.A.
328, after a duly noticed public hearing, the Menominee City Council (an
eligible distressed area as defined in Section 11 of the State Housing
Development Authority Act of 1966 PA 346), by Resolution, established Menominee
Industrial Development District No. 1 on January 20, 1975;
Regular Council Proceedings
October 17, 2005
Page Eight
WHEREAS, Anchor Coupling (an
eligible manufacturing business), Inc. has filed an application for an
Exemption of New Personal Property;
WHEREAS, before acting on said
application, the Menominee City Council held a hearing on June 20, 2005 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 taxing units were given written notice and were afforded an
opportunity to be heard on said Application;
NOW, THEREFORE, BE IT RESOLVED
by the Menominee City Council that:
1) The Menominee City
Council finds and determines that the granting of the Exemption of New Personal
Property currently in force under Act No.328 of the Public Acts of 1998 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 New Personal
Property Exemption when issued shall be and remain in force and effect for a
period of ten (10) years ending December 30, 2015.
3) The New Personal Property is owned by the Applicant, Anchor
Coupling.
4) The Application of
Anchor Coupling, Inc. for an Exemption of New Personal Property will be located
in the following described parcel of real estate situated within the Menominee
Industrial Development District No. 1, to-wit:
Plat of Menominee, Industrial
Park #1, Lots 7 and 8
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
following resolution was presented next:
OF
ENSTROM HELICOPTER CORPORATION
FOR
ITS FACILITY IN
WHEREAS, pursuant to 1998 P.A.
328, after a duly noticed public hearing, the Menominee City Council (an
eligible distressed area as defined in Section 11 of the State Housing
Development Authority Act of 1966 PA 346), by Resolution, established Menominee
Industrial Development District No. 5 on June 3, 1991;
Regular Council Proceedings
October 17, 2005
Page Nine
WHEREAS, Enstrom Helicopter
Corporation (an eligible manufacturing business), Inc. has filed an application
for an Exemption of New Personal Property;
WHEREAS, before acting on said
application, the Menominee City Council held a hearing on June 20, 2005 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 taxing units were given written notice and were afforded an
opportunity to be heard on said Application;
NOW, THEREFORE, BE IT RESOLVED
by the Menominee City Council that:
1) The Menominee City
Council finds and determines that the granting of the Exemption of New Personal
Property currently in force under Act No.328 of the Public Acts of 1998 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 New Personal
Property Exemption when issued shall be and remain in force and effect for a
period of ten (10) years ending December 30, 2015.
3) The
New Personal Property is owned by the Applicant, Enstrom Helicopter
Corporation.
4) The
Application of Enstrom Helicopter Corporation. for an Exemption of New Personal
Property will be located in the following described parcel of real estate
situated within the Menominee Industrial Development District No. 5, to-wit:
That portion of the Twin
County Airport currently leased by Enstrom, which land is part of the NW ¼ of
the SW ¼ and the SW ¼ of the SW ¼ of Section 34, Township 32 North, Range 27
West, City of Menominee, MI, being more particularly described as follows:
Commencing from the
Southeast corner of said SW ¼ - SW ¼, measure NO4º19’ 46”E, 1319.00 feet, along
the East line of said forty and the centerline of 22nd Street;
thence N87º38’12”W, 70.04 feet to the point of beginning, thence continue
N87º38’12”W, 269.45 feet, thence North,
448.68 feet; thence East 304.03 feet; thence SO4º19’4 46”W, 461.10 feet, along
a line parallel with and 70 feet distant from the East Line of said NW ¼-SW ¼,
to the point of beginning.
An additional segment of
land running contiguous to the northern boundary of the above described land
and extending to the North 150.00 feet.
The eastern boundary of this segment being a continuation of the eastern
boundary of the leased land described above and the western boundary being a
continuation of a line that marks the west wall of the old airport terminal.)
A
motion was made by Council Member Plemel and seconded by Council Member Jasper
to adopt the foregoing resolution. This
motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Ten
The
following resolution was the next agenda item:
OF
GREAT LAKES PULP COMPANY
FOR
ITS FACILITY IN
WHEREAS, pursuant to 1998 P.A.
328, after a duly noticed public hearing, the Menominee City Council, an
eligible distressed area as defined in Section 11 of the State Housing
Development Authority Act of 1966 PA 346, by Resolution, established Menominee
Industrial Development District No. 7 on February 14, 1994;
WHEREAS, Great Lakes Pulp
Company, an eligible manufacturing business, has filed an application for an
Exemption of New Personal Property;
WHEREAS, before acting on said
application, the Menominee City Council held a hearing on July 18, 2005 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 taxing units were given
written notice and were afforded an opportunity to be heard on said
Application;
NOW, THEREFORE, BE IT RESOLVED
by the Menominee City Council that:
1) The Menominee City
Council finds and determines that the granting of the Exemption of New Personal
Property currently in force under 1998 PA 328 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 New Personal
Property Exemption when issued shall be and remain in force and effect for a
period of ten (10) years ending December 30, 2015.
3) The New Personal Property is owned by
the Applicant, Great Lakes Pulp Company.
4) The Application of
Great Lakes Pulp Company for an Exemption of New Personal Property will be
located in the following described parcel of real estate situated within the
Menominee Industrial Development District No. 7, to-wit:
T31N R27W PT OF GL 6 SEC 2, PT OF GL 2 SEC 11 & PT
OF GL 1 SEC 3, DESC AS COM AT W1/4 COR OF SEC 2, S00Ø03'E 1706.74' TO POB; TH
S64Ø24'E 900.5', S21Ø32'15"W 116.74', SE'LY 121.19' ALG ARC OF CUR TO THE
RT (CH= S22Ø10'20"E 108.42'), S24Ø07'05"W. 477.47' TO SH OF MENO
RIVER, NW'LY ALG RIVER TO A PT N64Ø24'W 511.7' & S21Ø52'W 512' OF THE POB,
N21Ø52'E 512', S64Ø24'E 511.7' TO POB (18 ACRES)
A
motion was made by Council Member Plemel and seconded by Council Member Jasper
to adopt the foregoing resolution. This
motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Eleven
The
next agenda item was the following resolution:
OF
L.E. JONES COMPANY
FOR
ITS FACILITY IN
WHEREAS, pursuant to 1998 P.A.
328, after a duly noticed public hearing, the Menominee City Council, an
eligible distressed area as defined in Section 11 of the State Housing
Development Authority Act of 1966 PA 346, by Resolution, established Menominee
Industrial Development District No. 8 on December 2, 1998;
WHEREAS, LE Jones Company, an
eligible manufacturing business, has filed an application for an Exemption of
New Personal Property;
WHEREAS, before acting on said
application, the Menominee City Council held a hearing on June 20, 2005 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 taxing units were given
written notice and were afforded an opportunity to be heard on said
Application;
NOW, THEREFORE, BE IT RESOLVED
by the Menominee City Council that:
1) The Menominee City
Council finds and determines that the granting of the Exemption of New Personal
Property currently in force under 1998 PA 328 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 New Personal
Property Exemption when issued shall be and remain in force and effect for a
period of ten (10) years ending December 30, 2015.
3) The New Personal Property is owned by
the Applicant, LE Jones Company.
4) The Application of LE
Jones Company for an Exemption of New Personal Property will be located in the
following described parcel of real estate situated within the Menominee
Industrial Development District No. 8, to-wit:
Coleman Lumber Co’s
1ST add that prt of blk 6 of lots 7-8 blk 3, of vac 12TH
St & of 16’ alley lng W of blk 6 betw C&NWRY spur & N lf 34TH
Ave (Property address: 1200 34TH
Ave)
A
motion was made by Council Member Plemel and seconded by Council Member
Fernstrum to adopt the foregoing resolution.
This motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Twelve
The
following resolution was next on the agenda:
OF
LLOYD FLANDERS INDUSTRIES INC.
FOR
ITS FACILITY IN
WHEREAS, pursuant to 1998 P.A.
328, after a duly noticed public hearing, the Menominee City Council (an
eligible distressed area as defined in Section 11 of the State Housing
Development Authority Act of 1966 PA 346), by Resolution, established Menominee
Industrial Development District No. 11 on July 18, 2005;
WHEREAS, Lloyd Flanders Industries
Inc. (an eligible manufacturing business), has filed an application for an
Exemption of New Personal Property;
WHEREAS, before acting on said
application, the Menominee City Council held a hearing on September 19, 2005 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 taxing units were given written notice and were afforded an
opportunity to be heard on said Application;
NOW, THEREFORE, BE IT RESOLVED
by the Menominee City Council that:
1) The Menominee City
Council finds and determines that the granting of the Exemption of New Personal
Property currently in force under Act No.328 of the Public Acts of 1998 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 New Personal
Property Exemption when issued shall be and remain in force and effect for a
period of ten (10) years ending December 30, 2015.
3) The New Personal Property is owned by
the Applicant, Lloyd Flanders Industries Inc.
4) The Application of
Lloyd Flanders Industries Inc. for an Exemption of New Personal Property will
be located in the following described parcel of real estate situated within the
Menominee Industrial Development District No. 11, to-wit:
Sec
35 T32N R27W the S 662’ of N 1554’ of govt lot 1 exc W 30’ for st parcel #3304-000 (Property owner
Lloyd-Flanders Ind. Inc., Property address:
3110 10TH St)
Sec 34 T32NR27W the S 247.8’ of that part of NE1/4 of
NE1/4 lng set the W Ln of 10TH St & E Ln OF C&NWRY Co’s R/W exc W
475’ Parcel #3280-000 [Property owner
Lloyd-Flanders Ind. Inc., Property address:
3110 10TH St)
A
motion was made by Council Member Fernstrum and seconded by Council Member
Plemel to adopt the foregoing resolution.
This motion was carried unanimously.
Regular
Council Proceedings
October
17, 2005
Page
Thirteen
The
final resolution on the agenda was as follows:
OF
MENOMINEE ACQUISITION CORPORATION
FOR
ITS FACILITY IN
WHEREAS, pursuant to 1998 P.A.
328, after a duly noticed public hearing, the Menominee City Council (an
eligible distressed area as defined in Section 11 of the State Housing
Development Authority Act of 1966 PA 346), by Resolution, established Menominee
Industrial Development District No. 1 on January 20, 1978;
WHEREAS, Menominee Acquisition
Corporation (an eligible manufacturing business), Inc. has filed an application
for an Exemption of New Personal Property;