CITY OF
MENOMINEE, MICHIGAN
REGULAR
COUNCIL PROCEEDINGS
NOVEMBER
20, 2006
A
regular meeting of the Menominee City Council, City of Menominee, County of
Menominee, State of Michigan, was held Monday, November 20, 2006 at 6:30 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, Jasper, Mick, Organ,
Pintarelli, Schloegel, and Sorensen
ABSENT: Council Member Hudon (excused)
PRESENT:
8 ABSENT: 1
A
motion was made by Council Member Jasper and seconded by Council Member Organ
to excuse Council Member Hudon from the meeting. This motion was carried unanimously.
A
motion was made by Council Member Jasper and seconded by Council Member Mick to
approve the agenda for the meeting dated November 14, 2006. This motion was carried unanimously.
There
being no additions or corrections to the minutes of the regular meeting of
October 16, 2006 or the special meeting of November 6, 2006, the minutes stood
approved as presented.
PUBLIC
COMMENT:
Mayor Krah opened the public comment session called
for the purpose of hearing citizen comments on agenda items only.
Pat Polazzo, 2810-20th Street, said it was
very dark in Circle Lane and they need another street light.
Jerry Mullins spoke on behalf of Enstrom Helicopter
Corporation and thanked council for their consideration of extending the
Revolving Loan Fund loan repayment.
They have nearly doubled their employment.
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.
Regular Council Proceedings
November 20, 2006
Page Two
REPORTS
OF OFFICERS:
Under reports of officers, Mayor Krah submitted the
following appointments for confirmation:
Ted Hoff to the Downtown Development Authority,
replacing Jewel Henes who resigned, with his term to expire January 25, 2010.
A motion was made by Council Member Mick and seconded
by Council Member Sorensen to confirm the foregoing appointment. This motion was carried unanimously.
Mark Desotell to the Historic District Commission,
replacing Jewel Henes who resigned, with his term to expire May 11, 2009.
A motion was made by Council Member Jasper and
seconded by Council Member Sorensen to confirm the foregoing appointment. This motion was carried unanimously.
Brian Chaltry to the Zoning Board of Appeals,
replacing Debra Lemay who resigned, with his term to expire October 15, 2008.
A motion was made by Council Member Mick and seconded
by Council Member Sorensen to confirm the foregoing appointment. This motion was carried unanimously.
COMMITTEE REPORT:
The MIDC reported that they had reviewed the request
from Enstrom Helicopter to extend one of their existing loans from the
Revolving Loan Fund (RLF) and they recommended that the loan be extended for an
additional three years at the current payment rate and that the interest rate
continue to be a floating rate as it was in the original loan.
A motion was made by Council Member Mick and seconded
by Council Member Organ to adopt the foregoing report. This motion was carried unanimously.
COMMITTEE REPORT:
The MIDC reported that they had reviewed the request
from Mark Allgeyer for partial forgiveness of the Stateline Pallet loan from
the Revolving Loan Fund (RLF) and they recommended that the request be denied.
Regular Council Proceedings
November 20, 2006
Page Three
A motion was made by Council Member Sorensen and
seconded by Council Member Mick to adopt the foregoing report.
AYES: Jasper,
Krah, Mick, Pintarelli, Schloegel, Sorensen, and Fernstrum
NAYS: Organ
This motion was carried.
COMMITTEE
REPORT:
The Police and Fire Retirement
Board reported that they had reviewed retirement benefit calculations and they
recommended to city council that the police and fire bargaining units’
contracts be amended to insure language concerning retirement benefits
appropriately mirrors Act 345 language as amended by collective bargaining
agreements to clarify the intentions of the parties.
S/POLICE AND FIRE
RETIREMENT BOARD
A
motion was made by Council Member Sorensen and seconded by Council Member Mick
to adopt the foregoing report. This
motion was carried unanimously.
COMMITTEE REPORT:
The
Finance Committee reported that they reviewed the claims for October 2006 and
they recommended that checks be drawn on the treasurer in payment of the bills
as follows:
General Fund in the amount of
$418,620.16
River Park Fund in the amount of
$20,726.08
S/FINANCE COMMITTEE
A
motion was made by Council Member Jasper and seconded by Council Member
Sorensen to adopt the foregoing report.
This motion was carried unanimously.
COMMITTEE REPORT:
The
Finance Committee reported that they had reviewed the purchase of two (2) new
police cars (2007 Ford Crown Victorias) and they recommended that the City
purchase the squad cars through Signature Ford, drop shipped to The Motor
Company at the cost of $20,679 each and the bid process be waived because this
was the State contract pricing.
S/FINANCE COMMITTEE
A
motion was made by Council Member Sorensen and seconded by Council Member Mick
to adopt the foregoing report. This
motion was carried unanimously.
Regular
Council Proceedings
November
20, 2006
Page
Four
COMMITTEE REPORT:
The
Judicial and Legislative/Personnel and Labor Committee reported that they had
reviewed department head and non union benefit adjustments and they recommended
to city council that they approve a $1 per year increase in longevity.
S/JUDICIAL AND LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE
A
motion was made by Council Member Sorensen and seconded by Council Member
Schloegel to adopt the foregoing report.
This motion was carried unanimously.
COMMITTEE
REPORT:
The Judicial and
Legislative/Personnel and Labor Committee reported that they had reviewed the
need to clarify retirement benefit calculations for police and fire union
employees and they recommended to city council that they adopt letters of
understanding with the Police and Fire Unions.
S/JUDICIAL AND
LEGISLATIVE/PERSONNEL AND LABOR 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:
The Judicial and
Legislative/Personnel and Labor Committee reported that they had reviewed
potential cable television legislation that could negatively impact the City
and they recommended to city council that they adopt the following resolution
and to authorize the city manager to send letters to our state legislators
opposing the proposed legislation:
RESOLUTION
FOR OPPOSITION TO HB 6456
WHEREAS, the City of Menominee
has been served by cable television providers under local franchise
arrangements for years; and
WHEREAS, the City of Menominee
is ready and willing to promptly negotiate local cable franchise agreements
with additional providers to permit fair competition in, and improved services
to, our community; and
WHEREAS, the City of Menominee
does NOT support House Bill 6456, commonly referred to as the “Uniform Video
Services Local Franchise Act”, as written; and
WHEREAS, the City of Menominee
does not support the bill due to current language which would:
1. Allow cable companies to terminate
their franchise contracts at any time.
2. Permit any cable provider to
selectively “cherry-pick” areas where they want to provide service.
3. Create negative revenue impacts for
local communities estimated at $42-$57 million.
Regular
Council Proceedings
November
20, 2006
Page
Five
4. Remove the authority of local
communities to manage community public rights-of-way and eliminate local
emergency alert systems.
5. Eliminate or cut back community,
school and public access television due to revenue and in-kind service
reductions. There are also several
provisions that will increase operating costs on these facilities.
WHEREAS, HB 6456 will erode
local control of local issues,
THEREFORE, BE IT RESOLVED, that
the City of Menominee is opposed to HB 6456; and
BE IT FURTHER RESOLVED, that
the City of Menominee requests that Governor Granholm, State Representative
Casperson, and State Senator Prusi oppose HB 6456 in order to save our citizens
from the consequences outlined above;
BE IT FURTHER RESOLVED, that
the City of Menominee requests all other representatives of the Michigan State
Legislature to vote against HB 6456.
S/JUDICIAL AND
LEGISLATIVE/PERSONNEL AND LABOR COMMITTEE
A
motion was made by Council Member Jasper and seconded by Council Member
Sorensen to adopt the foregoing report.
This motion was carried unanimously.
COMMITTEE REPORT:
The Parks and Recreation/Buildings and Grounds
Committee reported that they had reviewed the proposals received from real estate
agents/brokers to market the available lots currently for sale abutting 20th
Street in Circle Lane Subdivision Phase III and they recommended accepting the
proposal from Best! Real Estate Services (GMAC) and they further recommended
that lot number 55 remain as one parcel and not be split to the abutting
property owners.
S/PARKS AND RECREATION/BUILDINGS AND GROUNDS
COMMITTEE
A
motion was made by Council Member Organ and seconded by Council Member Sorensen
to adopt the foregoing report. This
motion was carried unanimously.
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed award of the Assistance to Firefighter grant to purchase
equipment for the Fire Department and they recommended the following:
a)
accepting
the low bid submitted by J S Electronics to supply fifteen pagers in the amount
of $369 per unit for a total of $5,535.00;
b)
purchasing
fifteen portable radios from J.S. Electronics at the cost of $8,376 and waiving
the bid process because this is the State Purchasing Program price;
c)
accepting
the low bid submitted by Procomm Americas to supply fifteen bone conducting
microphones in the amount of $498.10 per unit and $25 shipping for a total of
$7,496.50;
Regular Council Proceedings
November 20, 2006
Page Six
d)
purchasing
five mobile radios from J.S. Electronics at the cost of $7,937 and waiving the
bid process because this is the State Purchasing Program price;
e)
purchasing
a portable radio battery conditioner from J.S. Electronics at the cost of $993;
f)
purchasing
four dry water rescue suits from Pomasl Fire Equipment at the cost of $2,200.
S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE
A
motion was made by Council Member Mick and seconded by Council Member Sorensen
to adopt the foregoing report. This
motion was carried unanimously.
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed the negotiated bid received to provide proprietary
equipment for a fire station alerting system and they recommended accepting the
negotiated bid in the amount of $10,307.00 from ComTech Communications.
The Committee further reported that they had
reviewed the balance of the Assistance to Firefighter grant funds available and
they recommended the following:
a)
Use
of the remaining funds, not to exceed $9,860.50 for the installation of the
alerting system and provision of associated hardware, wiring, and audio
equipment and the provision of necessary radio components that interface with
the station alerting system;
b)
Waiving
the City’s normal bid process due to the short time period required to expend
grant funds (by December 7, 2006).
S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE
A
motion was made by Council Member Sorensen and seconded by Council Member
Schloegel to adopt the foregoing report.
This motion was carried unanimously.
COMMITTEE REPORT:
The
Public Safety/Public Works Committee reported that they had reviewed a request
from Wayne Polazzo to have an additional street light installed on 20th
Street between 28th Avenue and 30th Avenue in Circle Lane
Subdivision III and they recommended denying the request.
S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE
A
motion was made by Council Member Jasper and seconded by Council Member Mick to
adopt the foregoing report.
AYES: Krah,
Mick, Organ, Pintarelli, Schloegel, and Jasper
NAYS: Sorensen
and Fernstrum
This
motion was carried.
Regular
Council Proceedings
November
20, 2006
Page
Seven
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed adopting the National Incident Management System and
they recommended adopting the following resolution:
RESOLUTION
ADOPTING THE NATIONAL
INCIDENT MANAGMENT SYSTEM
IN THE CITY OF MENOMINEE,
MICHIGAN
WHEREAS, the City Council of the City of Menominee,
Michigan does hereby find as follows:
WHEREAS, the President in Homeland Security
Directive (HSPD)-5, directed the Secretary of the Department of Homeland
Security to develop and administer a National Incident Management System
(NIMS), which would provide a consistent nationwide approach for Federal,
State, and local governments to work together more effectively and efficiently
to prevent, prepare for, respond to, and recover from domestic incidents,
regardless of cause, size or complexity; and
WHEREAS, the collective input and guidance from all
Federal, State, and local homeland security partners has been, and will
continue to be, vital to the development, effective implementation and
utilization of a comprehensive NIMS; and
WHEREAS, it is necessary and desirable that all
Federal, State, and local emergency agencies and personnel coordinate their
efforts to effectively and efficiently provide the highest levels of incident
management; and
WHEREAS, to facilitate the most efficient and
effective incident management it is critical that Federal, State, and local
organizations utilize standard terminology, standardized organizational
structure, interoperable communications, consolidated action plans, unified
command structure, uniform personnel qualification standards, uniform standards
for planning, training, and exercising, comprehensive resource management, and
designated incident facilities during emergencies or disasters;
WHEREAS, the NIMS standardized procedures for
managing personnel, communications, facilities, and resources will improve the
City’s ability to utilize federal funding to enhance local agency readiness,
maintain first responder safety, and streamline incident management processes;
and
WHEREAS, the Incident Command System components of
NIMS are already an integral part of various City incident management
activities, including current emergency management training programs; and
WHEREAS, the National Commission on Terrorist
Attacks (9-11 Commission) recommended adoption of a standardized Incident
Command System;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Menominee, Michigan, that the National Incident
Management System (NIMS) is established as the City of Menominee standard for
incident management.
S/PUBLIC SAFETY/PUBLIC WORKS COMMITTEE
Regular Council Proceedings
November 20, 2006
Page Eight
A
motion was made by Council Member Mick and seconded by Council Member Sorensen
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 #3 in the amount of $86,563.92 and Contract
Modification #4 increasing the contract amount by $4,075.65 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 Sorensen 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 Pay Estimate #1 in the amount of $105,525.70 to Barley
Excavating, Inc. for Contract 06-RD-06, Storm Sewer Construction 10th
Street, 16th Avenue, and 18th Avenue and they recommended
that it be approved.
A
motion was made by Council Member Jasper and seconded by Council Member
Sorensen 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 #3 in the amount of $2,728.00 and Contract
Modification #2 increasing the contract amount by $1,728.00 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 Jasper and seconded by Council Member Mick to
adopt the foregoing report. This motion
was carried unanimously.
Regular
Council Proceedings
November
20, 2006
Page
Nine
COMMITTEE REPORT:
The Public Safety/Public Works Committee reported
that they had reviewed Pay Estimate #1 in the amount of $53,464.50 and Change
Order #1 decreasing the contract amount by $1,669.00 to Snowden, Inc. for
Contract 06-RD-04, US-41 Concrete Joint Repair and they recommended that they
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.
MOTIONS AND RESOLUTIONS:
The
following resolution was considered next:
RESOLUTION PLEDGING LIMITED TAX FULL FAITH AND CREDIT
City
of Menominee
County of Menominee, State
of Michigan
_______________________________________
Minutes of a
regular meeting of the City Council the City of Menominee, County of Menominee,
State of Michigan, held on the 20th day of November, 2006, in the City Council
Chambers at 6:30 p.m. Central Standard Time.
PRESENT: Members: Fernstrum, Jasper, Krah, Mick, Organ, Pintarelli, Schloegel, and
Sorensen
ABSENT: Members: Hudon
The following
preamble and resolution were offered by Member Schloegel and supported by
Member Organ:
WHEREAS, the City of
Menominee, County of Menominee, State of Michigan (the “City”) has previously
created the City of Menominee Brownfield Redevelopment Authority (the
"Authority") pursuant to Act 381, Public Acts of Michigan, 1996, as
amended (“Act 381”); and
WHEREAS, the Authority
proposes to issue its Tax Increment Bonds, Series 2006 (Limited Tax General
Obligation)(Taxable) in the original principal amount of not to exceed $225,000
(the "Bonds") to finance the cost of eligible activities for Bellisle
Motor Sports, LLC 3700 10th Street (the “Project”); and
WHEREAS, the Authority has
adopted a resolution authorizing the issuance of the Bonds in accordance with
the provisions of Act 381 and Act 34, Public Acts of Michigan, 2001, as amended
("Act 34"); and
Regular Council Proceedings
November 20, 2006
Page Ten
WHEREAS, Section 17(2) of
Act 381 provides that the City may pledge its full faith and credit for the
payment of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Public Purpose.
The City
hereby finds that the accomplishment, completion and financing of the Project
is in the best interest of the health and welfare of the City, is in the
furtherance of the purposes of Act 381 and constitutes a public purpose. The City expressly approves obtaining and
using funds derived from the proceeds of the Bonds to finance the Project.
2. Limited Tax Pledge. The City hereby irrevocably pledges its full
faith and credit and resources to the payment of the Bonds. If at any time the Debt Retirement Fund (as
that Fund is established by the Authority) is insufficient to pay the principal
of and interest on the Bonds as the same become due, the City upon notification
by the Authority’s Treasurer, shall as a first budget obligation advance from
its available funds a sufficient amount to pay said principal and interest, or
in the event of insufficiency of the City’s general funds, levy ad valorem
taxes on all taxable property within the boundaries of the City in an amount
sufficient to pay said principal and interest, providing such tax levy shall be
within applicable constitutional, statutory and charter tax rate limitations.
3. Authorization for Further Actions. The Mayor, City Clerk, Treasurer and other officers,
agents and employees of the City each is authorized and directed to take all
other actions necessary or advisable, and to make such other filings,
applications or request for waivers with the Michigan Department of Treasury or
with other parties, to enable the sale and delivery of the Bonds.
4. Notice of Meeting.
The City
hereby confirms that the posting required pursuant to Act 34, as set forth in
Exhibit A attached hereto, was done in due time and form as required by Act 34.
5. Rescission.
All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded.
AYES: Members: Jasper, Krah, Mick, Organ, Pintarelli,
Schloegel, Sorensen, and Fernstrum
NAYS: Members:
None
RESOLUTION DECLARED ADOPTED.
A motion was made by Council
Member Schloegel and seconded by Council Member Organ to adopt the foregoing resolution. This motion was carried unanimously.
PUBLIC COMMENT:
Mayor Krah opened the public
comment session.
Jill Schwanz commented on
street lighting in Circle Lane and said that installing additional lights
should be revisited due to the fact that the area does not have sidewalk.
Regular Council Proceedings
November 20, 2006
Page Eleven
A motion was made by Council
Member Jasper and seconded by Council Member Mick to close the public comment
session. This motion was carried
unanimously.
ADJOURN:
A motion was made by Council
Member Jasper and seconded by Council Member Schloegel to adjourn the
meeting. This motion was carried
unanimously.
Thomas F. DeNike, City Clerk/Treasurer
/skj