The Honorable George W. Krah called the meeting to order and led the pledge of allegiance to the flag.

PRESENT: 7 ABSENT: 2

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

A motion was made by Council Member Jasper and seconded by Council Member Fernstrum to approve the agenda for the meeting dated November 12, 2004. This motion was carried unanimously.

There being no additions or corrections to the minutes of the special meeting of October 11, 2004, the regular meeting of October 18, 2004, or the special meeting of November 8, 2004, the minutes stood approved as presented.

Mayor Krah opened the public hearing that was called for the purpose of hearing citizen comments on the proposed addition to M.O.C. 2:1 - Animal Control - Feeding of Deer Prohibited.

No one was heard.

A motion was made by Council Member Jasper and seconded by Council Member Organ 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 amendments to M.O.C. 11:1.565(5) - Specifications for Fences, Walls, Hedges, and Fence Screens.

Keith Holmquist, 4410-13^th Street, asked if this was a change in the specifications. Mr. Ellery answered that it was only the alley setback.

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

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November 15, 2004

Page Two

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

The first item under communications was from the Michigan Municipal League Liability and Property Pool with their ballot for this year's Board of Directors election.

A motion was made by Council Member Organ and seconded by Council Member Sorensen to approve voting for all six (6) candidates on the ballot. This motion was carried unanimously.

The following letter from Dale Leitzke was received next:

"October 22, 2004

Jill Schwanz, City Assessor

2511 Tenth Street

Menominee, MI 49858

Dear Jill:

Just wanted to thank the City of Menominee for placing the tax and assessment information on the internet. I have used this on a regular basis for the past several months and it is a time saver in my appraisal business. Previously, I had to use the large tax roll book. It was more cumbersome and the information was sometimes more difficult to find.

Recently I noticed that the zoning ordinance was also posted. Occasionally, I also use this as part of my business. It saves my time as well as the time of the zoning administrator.

S/Dale Leitzke, Real Estate Appraiser"

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

Joe Dulak, 4108 Michigan Shores Drive, announced his plans for a 14 unit condominium development to be named "Menominee Riverfront Condominiums" in the 2300 block of Tenth Avenue. He anticipates ground breaking on the Spring of 2005 with the finished units being ranch style between 1,200 and 1,800 square feet.

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November 15, 2004

Page Three

A motion was made by Council Member Plemel and seconded by Council Member Fernstrum to authorize the City Manager and staff to meet with Mr. Dulak to form a TIF district to assist with infrastructure costs. This motion was carried unanimously.

The final item under communications was an application from Great Lakes Pulp and Fibre for a new personal property tax exemption.

A motion was made by Council Member Plemel and seconded by Council Member Jasper to receive the application, place it on file, and direct the City Assessor to meet with Great Lakes Pulp and Fibre to complete the process. This motion was carried unanimously.

Under reports of officers, Mayor Krah submitted for confirmation the appointment of Judy Stone to the Planning Commission, replacing Christina St. Laurent who resigned, with her term to expire October 7, 2007.

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

At a November 3, 2004 meeting the Buildings and Grounds Committee reviewed Application for Payment #4 in the amount of $31,770.00 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 Sorensen and seconded by Council Member Hudon to adopt the foregoing report. This motion was carried unanimously.

COMMITTEE REPORT:

At a meeting held November 8, 2004 the Finance Committee reviewed the claims for the month of October 2004 and they recommended that checks be drawn on the treasurer in payment of the bills as follows:

General Fund $346,051.60

River Park $ 22,844.96

S/FINANCE COMMITTEE

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

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November 15, 2004

Page Four

At a November 8, 2004 meeting the Finance Committee reviewed the bids received for a new large format copy machine for the Engineering Department and they recommended that the city council accept the bid submitted by Corporate Express to supply a Savin 2400WD at the cost of $10,995 plus the maintenance agreement of 11¢ per copy count.

S/FINANCE COMMITTEE

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

The Public Safety Committee reported that they had reviewed the deer population in the City and they recommended authorizing two years to cull the deer herd of 40± deer per year and to review this item after the two years have passed.

S/PUBLIC SAFETY COMMITTEE

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

AYES: Fernstrum, Hudon, Krah, Organ, Plemel, and Sorensen

NAYS: Jasper

This motion was carried.

At a November 3, 2004 meeting the Public Works Committee reviewed proposed street projects for 2005 and recommended that the following list be approved:

SPRING 2005

15^th Street 11^th Avenue to 17^th Avenue Mill and Pave

15^th Street 18^th Avenue to 20^th Avenue Reconstruct

9^th Avenue 6^th Street to 7^th Street Reconstruct

23^rd Avenue 15^th Street to 18^th Street Reconstruct

15^th Avenue 18^th Street to 23^rd Street Mill and Pave

19^th Street 11^th Avenue to 13^th Avenue Pulverize and Pave

11^th Avenue 11^th Street to 13^th Street Mill and Pave

10^th Avenue 5^th Street to 10^th Street Reconstruct (MDOT)

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November 15, 2004

Page Five

FALL 2005

17^th Street 34^th Avenue to 36^th Avenue Mill and Pave

18^th Street 30^th Avenue to 34^th Avenue Mill and Pave

36^th Avenue 10^th Street to 13^th Street Mill and Pave

37^th Avenue 10^th Street to 13^th Street Mill and Pave

12^th Street 17^th Avenue to 18^th Avenue Mill and Pave

12^th Avenue 19^th Street to 20^th Street Mill and Pave

8^th Avenue 7^th Street to 9^th Street Pulverize and Pave

S/PUBLIC WORKS COMMITTEE

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

At a November 3, 2004 meeting the Public Works Committee reviewed a proposed Tree Ordinance and they recommended proceeding with adopting the ordinance and referring the proposed ordinance to the Judicial and Legislative Committee for review.

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.

At a November 3, 2004 meeting the Public Works Committee reviewed Application for Payment #1 in the amount of $33,516.72 and Contract Modification #1 increasing the contract amount by $3,530.30 to Barley Trucking and Excavating, Inc. for Contract 04-RD-04, 34^th Avenue Road Reconstruction and they recommended that they be approved.

S/PUBLIC WORKS COMMITTEE

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

At a November 12, 2004 meeting the Buildings and Grounds Committee reviewed the bids received for Contract 04-BD-02 - Building Demolition - 2104-14^th Avenue and recommended acceptance of the low bid submitted by M&M Trucking in the amount of $7,295.00, to waive the irregularity, and to require proper forms be used in the future.

S/BUILDINGS & GROUNDS COMMITTEE

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November 15, 2004

Page Six

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

The first item under motions and resolutions was the following ordinance amending M.O.C. 2:1 - Animal Control - Feeding of Deer Prohibited.

1. Feeding of Deer Prohibited. No person may place any grain, fruit or vegetable material outdoors on any public or private property for the purpose of feeding whitetail deer.
2. Presumption. There shall be a rebuttable presumption that either of the following acts are for the purpose of feeding whitetail deer:

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

The next agenda item was the following ordinance amendment:

NOTE: Fence means fence, wall, hedge or fence screen.

A motion was made by Council Member Fernstrum and seconded by Council Member Organ to adopt the foregoing ordinance amendment. This motion was carried unanimously.

The following resolution was considered next:

WHEREAS, a public hearing was held on the proposed special assessment district for water main construction on 48^th 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 adopt the foregoing resolution.

AYES: Hudon, Jasper, Krah, Organ, Plemel, Sorensen, and Fernstrum

NAYS: None

This motion was carried unanimously.

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November 15, 2004

Page Eight

The next item on the agenda was the following resolution:

WHEREAS, a public hearing was held on the proposed special assessment district for sidewalk construction on 23^rd Avenue from 15^th Street to 18^th Street; and

WHEREAS, Council has met and reviewed the special assessment roll and considered written 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 Hudon to adopt the foregoing resolution.

AYES: Jasper, Krah, Organ, Plemel, Sorensen, Fernstrum, and Hudon

NAYS: None

This motion was carried unanimously.

The final resolution on the agenda was the following:

I HEREBY CERTIFY, that I am the duly sworn appointed City Clerk/Treasurer of the City of Menominee and keeper of the records and corporate seal of said city and that the following is a true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said city held in accordance with the City Charter of said city at its offices at City Hall on the 15^th day of November, 2004.

BE IT RESOLVED, that Thomas F. DeNike, City Clerk/Treasurer, be and is hereby designated a depository of this city and that funds so deposited may be withdrawn upon a check, draft, note or order of the city.

BE IT FURTHER RESOLVED, that all checks, drafts, notes or orders drawn against said accounts be signed by two (2) of the following as specified:

TWO SIGNATURES REQUIRED

ACCOUNT TITLES: NUMBERS

Street Bond Construction 644818537

Current Tax Fund 91504

Police/Fire Retirement 90860

City (Waterfront Festival) 1930006273

Section 125 Fund 1930014871

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November 15, 2004

Page Nine

Pooled Cash Fund 1930010069

City-NPP 628840566

NAME: TITLE:

George W. Krah Mayor

Anthony D. Furton City Manager

Thomas F. DeNike City Clerk/Treasurer

Laura Copeland Head Cashier

whose signatures shall be duly certified to said bank, and that no checks, notes or orders so drawn against said bank shall be void unless so signed.

BE IT FURTHER RESOLVED, that said bank is hereby directed and authorized to honor and pay any checks, drafts, notes or orders so drawn, whether such checks, drafts, notes or orders, or any of such person in their individual capacities or not, whether such checks, drafts, notes or orders are deposited to the individual credit of the person so signing and/or countersigning said checks, drafts, notes or orders, or to the individual credit of any of the other officers or not. This resolution shall continue in force and said bank may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue set forth in the Certificate of the City Clerk, accompanying a copy of this resolution when delivered to said bank or in any similar subsequent certificate, until written notice to the contrary is duly served on said bank.

IN WITNESS WHEREOF, I have hereunto affixed my name as Thomas F. DeNike, City Clerk/Treasurer and have caused the corporate seal of said city to be hereunto affixed this _____ day of November, 2004.

Thomas F. DeNike, City Clerk/Treasurer

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

Keith Holmquist, 4410-13^th Street, spoke regarding the loan to the Aspen Bay Project. He said that no permits have been applied for and that plans were not available anywhere.

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

A motion was made by Council Member Plemel and seconded by Council Member Hudon to adjourn to closed session in the Committee Room for the purpose of discussing pending litigation, Krygoski Construction Company, Inc. v City of Menominee, United States District Court, Western District of Michigan, Case No.: 04-CV-076.

AYES: Krah, Organ, Plemel, Sorensen, Fernstrum, Hudon, and Jasper

NAYS: None

This motion was carried unanimously.

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November 15, 2004

Page Ten

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

A motion was made by Council Member Plemel and seconded by Council Member Fernstrum to authorize the City Attorney and City Manager to negotiate for the City. This motion was carried unanimously.

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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