CITY OF MENOMINEE, MICHIGAN
REGULAR COUNCIL PROCEEDINGS
OCTOBER 18, 2004
A regular meeting of the Menominee City Council, City of Menominee, County of Menominee, State of Michigan, was held Monday, October 18, 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 Plemel and seconded by Council Member Organ 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 Organ to approve the agenda for the meeting dated October 12, 2004. This motion was carried unanimously.
There being no additions or corrections to the minutes of the regular meeting of September 20, 2004 the minutes stood approved as presented.
PUBLIC HEARING:
Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on proposed amendments to M.O.C. 2:1 - Animal Control.
No one was heard.
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 hearing that was called for the purpose of hearing citizen comments on the application for an industrial facilities exemption certificate from Anchor Coupling, Inc.
Tony Sokol, from ValuTec, said he was happy to be here for the company's expansion.
A motion was made by Council Member Mick and seconded by Council Member Plemel to close the public hearing. This motion was carried unanimously.
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October 18, 2004
Page Two
Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the grant application to MSHDA for a rental rehabilitation program in a target area (First Street to Tenth Street and Sixth Avenue to Fourteenth Avenue).
No one was heard.
A motion was made by Council Member Plemel and seconded by Council Member Jasper to close the public hearing. This motion was carried unanimously.
Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the proposed special assessment district on 48th Avenue for water main construction.
Bob Anderson, 817-48th Avenue, contested the amount because of no benefit. He said he can't use the water and has no sewer. He would pay $3,000 for others benefit. Mr. Cowell said he would have some benefit, the property is more ready to be developed as part of the future plan.
A motion was made by Council Member Jasper and seconded by Council Member Plemel to close the public hearing. This motion was carried unanimously.
Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the proposed special assessment district on 23rd Avenue for sidewalk construction.
The following letter was received:
"Dear City Clerk Thomas F. DeNike:
This letter is in regards to the sidewalk project on 23rd Ave. I non delinquent tax payer vote no for the project.
Sincerely,
Eric Berg"
James LaPointe, 1504 23rd Avenue, said the project has some good points and some bad.
Cindy LeBeau, 1705-23rd Avenue, has a large maple tree and protests for rights.
A motion was made by Council Member Jasper and seconded by Council Member Plemel to close the public hearing. This motion was carried unanimously.
PUBLIC COMMENT:
Mayor Krah opened the public comment session that was called for the purpose of hearing citizen comments on agenda items only.
Wayne Antilla, 2801-19th Street, commented on the lots in Circle Lane Subdivision Phase III.
A motion was made by Council Member Plemel and seconded by Council Member Mick to close the public comment session. This motion was carried unanimously.
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REPORTS OF OFFICERS:
Mayor Krah submitted, for confirmation, the appointment of James Anderson to the Library Board of Trustees, replacing Kandace Higley who resigned, with his term to expire on May 1, 2007.
A motion was made by Council Member Organ and seconded by Council Member Hudon to confirm the foregoing appointment. This motion was carried unanimously.
COMMITTEE REPORT:
At an October 11, 2004 meeting the Buildings and Grounds Committee reviewed the need to correct the boundaries of property to reconcile deed lines to occupancy in the Industrial Park and they recommended quit claiming the two parcels on the West and North boundary of the Industrial Park to the Northern property owner and that they in turn quit claim a parcel on their North boundary to the adjacent Northern property owner.
S/BUILDINGS AND GROUNDS COMMITTEE
A motion was made by Council Member Hudon and seconded by Council Member Plemel 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 an October 11, 2004 meeting the Buildings and Grounds Committee reviewed Application for Payment #3 in the amount of $10,800.00 to The Markell Company for Reroofing of the Municipal Complex and they recommended that it be approved.
S/BUILDINGS AND GROUNDS 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:
At an October 11, 2004 meeting the Buildings and Grounds Committee reviewed the covenants for Circle Lane Subdivision Phase III and they recommended adoption of the following:
CIRCLE LANE SUBDIVISION PHASE III
COVENANTS
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7. All driveways and parking areas must be paved not later than June 1 immediately following occupancy or substantial completion of the dwelling, whichever occurs first. The driveway width shall not exceed 24 feet at the street property line.
Dwellings built on lots 72, 73, 74, 75, and 76 shall face 21st Street.
Dwellings built on lots 77, 78, 79, 80, 82, 83, and 84 shall face 26th Avenue.
Dwellings built on lots 69, 70, 71, 85, 86, and 87 shall face 27th Avenue.
Dwellings built on lots 58, 59, 60, 61, 62, 63, 64, 65, and 66 shall face 28th Avenue.
13. ENFORCEMENT OF RESTRICTIONS
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S/BUILDINGS AND GROUNDS COMMITTEE
A motion was made by Council Member Jasper and seconded by Council Member Plemel to adopt the foregoing report.
AYES: Jasper, Krah, Mick, Organ, Plemel, and Schloegel
NAYS: Fernstrum and Hudon
This motion was carried.
COMMITTEE REPORT:
At a meeting held October 11, 2004 the Finance Committee reviewed the claims for the month of September 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:
General Fund $1,257,113.87
River Park $ 764.10
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:
At an October 11, 2004 meeting the Finance Committee reviewed the credit card policy and recommended that the following amendment be approved:
P-02-01
CITY OF MENOMINEE
RESOLUTION FOR CREDIT CARD TRANSACTIONS
WHEREAS, the City of Menominee authorizes the use of credit cards under Public Act 266 of 1995 as amended; and
WHEREAS, the following policy will be adhered to:
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October 18, 2004
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CITY OF MENOMINEE
Credit Card Policies and Procedures
Approval
Prior approval shall be obtained from the City Manager before any use of the City credit cards. Requests for approval should be submitted in writing to the City Manager's office. In those cases where approval has been granted for out of town travel, no further authorization is required.
Types of Purchases
The acquisition of a City credit card is designed to assist in those purchasing situations where the use of checks/cash is not available or is inconvenient; the credit card should not be used as a replacement for the purchase order/check process when that avenue is available.
Qualifying credit card uses would include, but not necessarily be limited to:
Hotel/Motel reservations.
Travel expenditures, including meals, lodging and gasoline.
Purchases requiring a credit card or advance payment.
Under no circumstances shall credit cards be used for:
Cash advances.
Personal use.
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October 18, 2004
Page Seven
Tax Exemption
You must notify the vendor that your credit card transaction should be tax exempt for goods and services purchases. The City Clerk/Treasurer's office has forms which can be used when the vendor requests documentation for tax or audit purposes.
Credit Card Security
The credit card should always be treated with a level of care that will ensure security for the card and the account number. The account number should not be written down or posted to keep it handy. Cards will be stored and tracked in the City Manager's office; they should be returned to this location as soon after use as is reasonably possible. If the card if lost or stolen, the City Manager's office should be immediately notified.
Transaction Procedure
The department head shall request use of the credit card on a form designated for the purpose. The City Manager will review the request and issue a credit card to the department head with a written authorization. Credit cards shall be returned to the City Manager along with all receipts and transaction slips as soon as practically possible or no later than three working days from the date of transaction.
The City Clerk/Treasurer will obtain the receipts from the City Manager's office and ensure that all transactions are properly documented. Whenever possible, payments made to the credit card vendor will be made as expeditiously as possible, to help ensure that finance charges will not be incurred.
If a denial is experienced when trying to use the city credit card, the City Manager's office shall be contacted immediately.
Departments that fail to follow the above procedures shall, at a minimum, be denied future use of a city credit card. Depending upon the type of violation, any employee or elected official of the City of Menominee who violates the provisions of the policies and procedures could be subject to dismissal and appropriate civil and/or criminal action.
CREDIT CARD REQUEST FORM
DEPARTMENT ___________________________________ DATE ____________________
REASON FOR CREDIT CARD USE _______________________________________________
DEPARTMENT HEAD _____________________________
APPROVAL ______________________________________
City Manager
DATE ISSUED _______________________ DATE RETURNED _________________
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.
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COMMITTEE REPORT:
At an October 14, 2004 meeting the Judicial and Legislative Committee reviewed proposed amendments to MOC 11:1.565(5) - Specifications for Fences, Walls, Hedges, and Fence Screens 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 Jasper to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
At a meeting held October 7, 2004 the Parks and Recreation Committee reviewed the proposed Grant Agreement between the Department of Housing and Urban Development and the City of Menominee to provide funding for the Spies Field project in the amount of $223,673 and they recommended that city officials be authorized to execute the agreement.
S/PARKS & RECREATION 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 an October 11, 2004 meeting the Public Safety Committee reviewed the following Traffic Control Order and recommended that it be adopted:
TRAFFIC CONTROL ORDER
SUBJECT: STOP SIGNS
EFFECTIVE DATE: SEPTEMBER 28, 2004 at 12:01 a.m.
It is ordered pursuant to Section 9:1.1 of the MOC that stop signs shall be erected at the following locations and all vehicles shall be required to stop and yield right of way as required by the Michigan Vehicle Code, Section 257.649, as adopted by the City of Menominee.
On 11th Avenue (For Both East and Westbound Travel) at the intersection of 7th Street
On 12th Avenue (For Both East and Westbound Travel) at the intersection of 7th Street
On 8th Street (For Both North and Southbound Travel) at the intersection of 11th Avenue
On 9th Street (For Both North and Southbound Travel) at the intersection of 11th Avenue
On 8th Street (For Both North and Southbound Travel) at the intersection of 12th Avenue
On 9th Street (For Both North and Southbound Travel) at the intersection of 12th Avenue
On 8th Street (For Both North and Southbound Travel) at the intersection of 13th Avenue
On 9th Street (For Both North and Southbound Travel) at the intersection of 13th Avenue
On 11th Street (For Both North and Southbound Travel) at the intersection of 15th Avenue
On 12th Street (For Both North and Southbound Travel) at the intersection of 15th Avenue
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On 11th Street (For Both North and Southbound Travel) at the intersection of 16th Avenue
On 12th Street (For Both North and Southbound Travel) at the intersection of 16th Avenue
On 12th Street (For Both North and Southbound Travel) at the intersection of 17th Avenue
On 11th Street (For Both North and Southbound Travel) at the intersection of 17th Avenue
On 13th Avenue (For Both East and Westbound Travel) at the intersection of 14th Street
On 34th Avenue (For Both East and Westbound Travel) at the intersection of 16th Street
On 20th Street (For Northbound Travel) at the intersection of 30th Avenue
This Traffic Control Order shall become effective at 12:01 a.m. on September 28, 2004 and upon approval by the Menominee City Council, it shall not expire.
I hereby certify that on September 24, 2004 proper signs were installed at the intersections designated in the above order.
S/Jeffrey Jones, Traffic Engineer, Director of Police/Fire Services
S/PUBLIC SAFETY 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 an October 7, 2004 meeting the Public Works Committee reviewed the agreement with the State of Michigan Department of Transportation for the State Trunkline Maintenance Contract and they recommended that the following resolution be adopted:
RESOLUTION
RESOLVED, that the City of Menominee, Michigan does hereby accept the terms of MDOT No. 2004-0684, Account No. 3841 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:
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.
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Page Ten
COMMITTEE REPORT:
At an October 7, 2004 meeting the Public Works Committee reviewed Applications for Payment #2 in the amount of $160,933.66 and #3 and final in the amount of $5,000.00 and Contract Modification #2 increasing the contract amount by $1,076.77 to Barley Trucking and Excavating, Inc. for Contract 04-RD-03, 14th Street, 15th Street, and 42nd Avenue Road Reconstruction 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.
COMMITTEE REPORT:
At an October 7, 2004 meeting the Public Works Committee reviewed Application for Payment #6 and final in the amount of $500.00 to Kakuk Construction for Contract 03-RD-08, 20th Street Construction and they recommended that it be approved.
S/PUBLIC WORKS 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:
At an October 12, 2004 meeting the Downtown Development Authority reviewed purchasing the Carol Jean Bailey property at 422 2nd Street and they recommended that the City purchase the property for $20,000 with the funds to be allocated from reserves and to amend the budget to reflect the expenditure.
S/DOWNTOWN DEVELOPMENT AUTHORITY
A motion was made by Council Member Fernstrum and seconded by Council Member Organ to adopt the foregoing report.
AYES: Krah, Mick, Organ, Plemel, Schloegel, Fernstrum, Hudon, and Jasper
NAYS: None
This motion was carried unanimously.
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Page Eleven
MOTIONS AND RESOLUTIONS:
The following proposed ordinance amendment was the first item under motions and resolutions:
TITLE 2: POLICE REGULATIONS
CHAP. 1: ANIMAL CONTROL 2:1
PREAMBLE
The City of Menominee enacts the attached Animal Control Ordinance in order to regulate the proliferation of household pets which are not cared for and which create potential danger to the people of the City of Menominee as well as other household pets. Such dangers are created by uncontrolled breeding, disease, and unrestrained animals. It is the City's intent to create a safe and healthy environment for all citizens of Menominee as well as their pets and to adopt an animal control ordinance as recognized at Michigan Compiled Laws
(MCL) 287.290ANIMAL CONTROL ORDINANCE
2:1.1 Definitions
As used in this ordinance the following terms mean:
Animal: Any live non-human, vertebrate creature, domestic or wild.
Animal-at-large: Any animal not leasedleashed and under the restraint of a person capable of controlling the animal while off the premises of the owner.
Animal control officer: A person designated by the Chief of Police Director of Police & Fire Services of the City of Menominee who is qualified to perform such duties under the laws of this City as more specifically stated in MOC 2:1.2
Animal control shelter: Any facility operated by a humane society, municipal agency or its authorized agents or other entity for the purpose of impounding or caring for animals held under the authority of this ordinance or state law.
Circus: A commercial variety show featuring animal acts for public entertainment.
Commercial animal establishment: Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel.
Grooming shop: A commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.
Guard dog: A dog that will detect and warn its owner or handler that an intruder is present in or near the area that is being secured. Such dogs must be specifically identified as guard dogs on license applications.
Kennel: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats in numbers in excess of three (3).
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Owner: Any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
Performing animal exhibition: Any spectacle, display, act, or event other than circuses, in which performing animals are used.
Pet or companion animal: An animal kept for pleasure, rather than utility; an animal bred or raised to live in and about the habitation of humans which is dependent on people for food and shelter.
Pet or Companion Animal: An animal kept for pleasure rather than utility, that has traditionally, through a long association with humans, lived in a state of dependence upon humans or under the dominion and control of humans and has been kept as a tame household pet, including but not limited to: dogs, cats, hamsters, gerbils, ferrets, potbellied pigs, chinchillas, mice, rabbits, cockatiels, cockatoos, canaries, doves, finches, parakeets, parrots, non-venomous snakes,
constrictor snakes eight (8') feet or less in length, turtles, frogs, and tropical and marine fish.Pet shop: Any person, partnership, or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells, or boards any species of animal.
Public nuisance: Any animal or animals which:
1. molests passersby or passing vehicles
2. attacks other animals
3. trespasses on school grounds
4. is repeatedly at large
5. damages private or public property
6. barks, whines, howls or otherwise emits vocal sounds in an excessive, continuous, or untimely fashion.
Restrained: Any animal secured by a leash or lead, under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner.
Riding school or stable: Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.
Veterinary hospital: Any establishment maintained or operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
Vicious animals: Any specific animal that attacks, bites, or injures human beings or domesticated animals without adequate provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite, or injure human beings or domesticated animals.
Wild animal: Any live monkey (non-human primate), raccoon, skunk, wolf, bear, deer, fox, snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which is normally found in the wild.
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Wild animal: Those animals that are not domestic or any cross of those animals not domestic to North America, including the following:
Zoological park: Any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals operated by a person, partnership, corporation, or government agency.
2:1.2 Animal Control Officer
(A) The Animal Control Officer shall be hired by the Chief of PoliceDirector of Police & Fire Services, by and with the consent of the City Council. The Animal Control Officer shall serve in such a capacity in accordance with municipal policy, and shall receive such compensation as the Council shall determine.
(B) It shall be the duty of the Animal Control Officer to seize, take up and impound:
(1) any animal reported to have bitten a person
(2) any animal whose owner cannot be identified or located to correct, or be cited for a violation of this ordinance.
(C) The Animal Control Officer shall be properly deputized as a Police Officer for the limited purposes of enforcement of this Ordinance and shall be legally authorized to have the power to issue citations to those persons in violation of the provisions of this Ordinance.
(D) Additional duties of the Animal Control Officer may be set and modified by the Chief of Police Director of Police & Fire Services.
2:1.3 Licensing Requirements:
(A) Any person owning, keeping, harboring, or having custody of any dog or cat or other pet with access to the outdoors over six (6) months of age within this municipality must obtain a license, as herein provided, for each animal owned or kept.
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(B) Any person owning, keeping, harboring, or having custody of any dog or cat or other pet with access to the outdoors over six (6) months of age within this municipality must obtain a current rabies certificate issued by a licensed veterinarian or anti-rabies clinic, using a vaccine licensed by the U.S. Department of Agriculture for each animal owned or kept.
(C) Application for dog licenses shall be made to the County Treasurer or its designated agent which shall include name and address of applicant, breed, sex, age, color and markings of the animal, the appropriate fee, and a valid rabies certificate issued by a licensed veterinarian or anti-rabies cling, using a vaccine licensed by the U.S. Department of Agriculture. Applications for cat licenses shall be made to the City Treasurer, and shall include name and address of applicant, breed, sex, age, color and markings of the animal, the appropriate fee, and a valid rabies certificate issued by a licensed veterinarian or anti-rabies clinic, using a vaccine licensed by the U.S. Department of Agriculture. Application for licensing other pets having access to the outdoors shall be made to the City Treasurer and shall include name and address of applicant, species, breed, sex, age, color and markings of the animal, the appropriate fee and the appropriate proof of vaccination as determined by a local veterinarian for the species of animal involved.
(D) If not revoked, licenses for the keeping of animals shall be for a period of up to one (1) year.
(E) Application for a license must be made within thirty (30) days, after obtaining an animal over six (6) months old, except that this requirement will not apply to a non-resident keeping an animal within the municipality for no longer than sixty (60) days.
(F) License fees shall not be required for seeing eye dogs, hearing dogs, governmental police dogs, or other certified animals that are trained to assist a physically limited person as defined in MCL 125.1351; MSA 3.447(121).
(G) Upon acceptance of the license application and fee, the Treasurer shall issue a durable tag with an identifying number and the year of issuance. Tags should be designed so that they may be conveniently fastened or riveted to the animal's collar or harness.
(H) Licensed animals must wear identification tags or collars, if possible, at all times when off the premises of the owners.
(I) The Treasurer shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public and to the Animal Control Officer.
(J) The required licensing period in the City of Menominee shall begin with the fiscal year September 1 to August 31, and shall run for one (1) year. Persons applying for a license more than six (6) months after the start of the fiscal year, shall be required to pay fifty percent (50%) of the fee stipulated in this section for the first year of ownership of a specific dog or cat.
(K) Persons who fail to obtain animal licenses as required by this ordinance within the time period specified in this section will be subject to a civil fine of ten dollars ($10.00), payable at the City Police Department.
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(L) A license shall be issued by the City of Menominee after payment of the appropriate fee:
1-Year
1) for each unneutered male cat $3.00
2) for each unspayed female cat $3.00
3) for each neutered male cat $3.00
4) for each spayed female cat $3.00
pet with access to the outdoors $3.00
(M) A duplicate license may be obtained upon payment of a $1.00 (or cost) replacement fee.
(N) No person may use any license for any animal other than the animal for which it was issued. If ownership of a licensed animal is transferred, the license may also be transferred, upon notice to the City Treasurer, to reflect the name and address of the new owner. It is the new owner's responsibility to notify the City Treasurer of such change.
(O) No more than three (3) domesticated animals required to be licensed may be kept in any household without a special permit, issued by the City Police Chief. This permit will be issued pursuant to criteria developed by the Menominee Police Department, a copy of which shall be made available to the public, upon request, upon payment of copying costs.
AMENDED: 8/2/93-Eff. 08/27/93
2:1.4 Restraint:
(A) All dogs or other animals shall be kept under restraint. Cats shall not be allowed to roam freely off their owner's property.
(B) No owner shall fail to exercise proper care and control of his or her animals to prevent them from becoming a public nuisance.
(C) Every female animal in heat shall be confined in a building or secure enclosure in such a manner that such female animal cannot come into contact with another animal except for planned breeding.
(D) Every vicious animal as determined by the City Animal Control Officer or Police Officers, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
(E) If any person is bitten by an animal, it shall be the duty of that person, and the owner or custodian of the animal having knowledge of the bite to report it to the Menominee Ppolice Ddepartment within twelve (12) hours. If the owner or custodian of any animal has any reason to believe or suspect that such animal has become infected with rabies, it shall be the duty of that person to report to the Menominee P police Ddepartment within twelve (12) hours of learning of the rabies infection.
(F) The parent or guardian of any minor claiming ownership of any animal subject to this ordinance shall be deemed to be the animal's owner and shall be charged for all penalties and fees imposed by this ordinance.
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2:1.5 Impoundment and Violation Notice:
(A) Unrestrained dogs, cats, and nuisance animals shall be taken by the police animal control officers, or humane officers and impounded in an appropriate shelter and there confined in a humane manner.
(B) Impounded animals shall be kept for not less than seven (7) working days, if anyone has been bitten or scratched by the animal such that skin was broken or blood was drawn, otherwise it may be released to its owner, upon proof: of responsibility for or ownership of the animal; licensure of the animal; proof of current rabies inoculation and payment of any impound fees.
(C) If, by a license, collar, tag or other means, the owner of an impounded animal can be identified the Aanimal Ccontrol Oofficer shall immediately upon impoundment notify the owner by telephone or mail that his or her animal has been impounded. Such an animal will be held up to seven (7) days from written notice of impoundment before (G) below applies, unless earlier claimed by its owner.
(D) An owner reclaiming an impounded cat shall pay a fee equal to the cost to the City of impoundment.
(E) An owner reclaiming an impounded dog shall pay a fee equal to the cost to the City of impoundment.
(F) An owner reclaiming any other impounded animal shall pay the fee charged by the impounding facility.
(G) Any animal not reclaimed by its owner within four (4) days of acquisition shall become the property of the local government authority, or humane society, and shall be placed for adoption in a suitable home or humanely euthanized, subject to (C), above.
AMENDED: 4/5/93 8/2/93-Eff. 8/27/93
2:1.6 Animal Care:
(A) No owner shall fail to provide his or her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.
(B) No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.
(C) No owner of an animal shall abandon such animal.
(D) No person, other than a licensed veterinarian, shall crop a dog's ears, or bob its tail.
(E) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and shall immediately report such injury or death to the animals owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the Menominee City Police Department
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(F) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be likely to be eaten by any animal or child, provided that it shall not be unlawful for a person to expose, on his own property, common rat poison mixed only with vegetable substances.
2:1.7 Keeping of Wild Animals
(A) No person shall keep or permit to be kept on his or her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.
(B) No person shall keep or permit to be kept any wild animal as a pet.
2:1.7 Keeping of Wild Animals
(B) No person shall keep or possess or permit to be kept or possessed any wild animal as a pet.
(C) The Animal Control Officer may issue a temporary permit for the keeping, care, and protection of an infant animal native to this area which has been deemed to be homeless until such time as it can be transferred to control of the Michigan Department of Natural Resources.
2:1.8 Reserved for further study.
2:1.9 Reserved for further study.
2:1.10 Performing Animal Exhibitions:
(A) No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is unlikely to cause, physical injury, pain or suffering.
(B) All equipment used on a performing animal shall fit properly and be in good working condition.
2:1.11 Animal Waste; Injury to Property
(A) The owner of an animal shall be responsible to the owner of property upon which its animal enters for the cost of bruising, breaking, tearing up, crushing, chewing, or injury to any lawn, flower bed, plant, shrub, tree, or garden in any manner whatsoever caused by that animal.
(B) Nothing in this ordinance shall be construed as limiting the common law liability of the owner of a dog or cat for damages committed by it.
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2:1.12 Spaying and Neutering
No unclaimed dog or cat shall be released for adoption by any animal control shelter pound operated by the City or its agent or other entity, without being spayed or neutered, or without a written agreement from the adopter guaranteeing that such animal will be spayed or neutered within a time certain.
A deposit sufficient to cover the cost of sterilization for dogs and cars must be paid at the time of adoption, for animals to be sterilized at a future date certain.
2:1.13 Enforcement
(A) The civil and criminal provisions of this ordinance shall be enforced by those persons or agencies designated by municipal authority.
(1) It shall be unlawful and a civil infraction punishable pursuant to M.O.C. 12:1 against any owner, custodian or harborer of any animal that:
(a) goes beyond the premises unleashed while in heat;
(b) does not have its license and rabies vaccination tag attached to its collar at all times;
(c) discharges its excreta upon any public or private property within the city, other than the owner's, if such owner or custodian does not immediately thereafter clean up such waste;
(d) other than animals assisting a physically limited person, enters any restaurant, store, or business where food is sold;
(e) through loud and frequent barking, howling growling, or any other noise causes unreasonable annoyance to any of the people of the city, or to breach the peace;
(f) strays beyond the premises of its owner, custodian or harborer unless under the reasonable control of some person, and leashed; or
(g) molests a passerby on a public way or on premises not that of the owner, custodian or harborer of the animal.
(2) Horses, cattle and other animals not normally regarded as household pets, shall not be within the city, except for use as transportation or while transporting the animal to
a veterinarian or as permitted by the City Manager. Application may be made to the City Manager for a permit to use animals other than household pets, in parades, displays, performances or under such circumstances that the City Manager deems appropriate, bearing in mind the health, safety, welfare and interests of the City and its residents. Such a permit must be obtained before the animals are brought into the City.
(3) The owner, custodian, or harborer of any animal which is found to have committed the following acts shall be liable for a misdemeanor punished pursuant to M.O.C. Section 12:2:
(a) damage to property of persons other than the owner;
(b) attack, off the premises of the owner, custodian or harborer, an animal not the property of the owner, custodian or harborer;
(c) threaten, attack or bite any person lawfully present on the premises.
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(B) An animal which, on sworn complaint, is alleged to have committed acts described in section 2:1.13(3) above, may be the object of a proceeding to show why such animal should not be destroyed. The district judge, upon receipt of such sworn complaint, shall promptly issue a summons to show cause why such animal should not be destroyed. A second occurrence of any facts warranting a proceeding to consider destruction of an animal may require destruction of such animal. Failure to obey an Order for Destruction of an animal shall be punished as contempt of court. The cost of destruction and disposal of such animal shall be taxed as costs of the proceedings.
(C) Any person or persons who interfere with, disturb, disrupt or in any fashion prevent the Animal Control Officer or law enforcement officer from fulfilling, his, her or their duties under any city ordinance or in any way enforcing this Animal Control Ordinance is guilty of a misdemeanor under Section 14 below.
2:1.14 Penalties
Unless specifically herein to the contrary, any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and up to ninety (90) days in jail plus costs of prosecution. If any violation, whether a civil infraction or a misdemeanor, continues from day to day, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating 2:1.6, his or her permit to own, keep, harbor, or have custody of animals shall be deemed automatically revoked and no new permit may be issued.
2:1.15 Conflicting Ordinances
All other ordinances of the City of Menominee that are in conflict with the Animal Control Ordinance (M.O.C. 2:1.1-2:1.16) are subordinated to this ordinance, which is controlling in such conflict situations.
2:1.16 Severability Clause
If any part of this ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this ordinance.
A motion was made by Council Member Fernstrum and seconded by Council Member Hudon to adopt the foregoing ordinance as amended. This motion was carried unanimously.
The following resolution was next on the agenda:
A RESOLUTION APPROVING THE APPLICATION
OF ANCHOR COUPLING, INC.
FOR A FACILITIES EXEMPTION CERTIFICATE
FOR ITS FACILITY IN
MENOMINEE INDUSTRIAL DEVELOPMENT DISTRICT NO. 1
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. 1 on January 20, 1975;
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WHEREAS, Anchor Coupling, Inc. 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. 1;
WHEREAS, before acting on said application, the Menominee City Council held a hearing on October 18, 2004, 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 15, 2004, the date of acceptance of the 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 Anchor Coupling, Inc. 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. 1, to-wit:
Plat of Menominee, Industrial Park #1, Lots 7 and 8
be and the same is hereby approved.
A motion was made by Council Member Hudon and seconded by Council Member Mick to adopt the foregoing resolution. This motion was carried unanimously.
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CORRECTED Page Twenty-Two
The following resolution was considered next:
RESOLUTION NO. 4
CITY OF MENOMINEE
COUNTY OF MENOMINEE, MICHIGAN
SPECIAL ASSESSMENT DISTRICT FOR
48th AVENUE (TENTH STREET TO SIXTH STREET)
WATER MAIN CONSTRUCTION PROJECT
WHEREAS, a public hearing was held on the proposed special assessment district for water main construction on 48th Avenue (Tenth Street to Sixth Street); and
WHEREAS, Council has met and reviewed the special assessment roll and considered objections, if any, regarding same;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Menominee hereby confirms said special assessment roll and determines the number of installments of said roll and the rate of interest to be in accordance with P-98-2 Special Assessment Payment Policy.
A motion was made by Council Member Plemel and seconded by Council Member Organ to refer the foregoing resolution back to the committee. This motion was carried unanimously.
The final resolution on the agenda was the following:
RESOLUTION FOR SUBMISSION OF A
MSHDA HOUSING GRANT APPLICATION
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 $300,000 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.
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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Page Twenty-Three
PUBLIC COMMENT:
Mayor Krah opened the public comment session.
Council Member Schloegel said that Schloegel's Bay View Restaurant wanted to donate candles for a walk through at Henes Park after trick or treating on Halloween.
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.
ADJOURN:
A motion was made by Council member Plemel and seconded by Council Member Jasper to adjourn the meeting. This motion was carried unanimously.
Thomas F. DeNike, City Clerk/Treasurer
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