RC City Council Proceedings

MINUTES OF THE REGULAR

 MEETING OF THE ROGERS 

CITY CITY COUNCIL

HELD IN COUNCIL

 CHAMBERS ON 

TUESDAY, JUNE 4, 2019

Mayor McLennan presided and called the meeting to order at 7:07 p.m. 

ROLL CALL: Adair, Bielas, Fuhrman, Nowak and McLennan.

APPROVAL OF AGENDA

Nowak/Member Fuhrman, to approve the agenda as presented.  Ayes – All, the motion carried.

APPROVAL OF MINUTES

Adair/Bielas, that the minutes of the Regular Council Meeting of May 21, 2019 be approved as written. Ayes – All, the motion carried.

CITY CLERK’S REPORT:

CHECK AND INVOICE APPROVAL:

Adair/Nowak, that the following total fund expenditures be recognized as payments made and payments to be made, in the amount of $179,230.66 and the Mayor is authorized to sign the check register.  ROLL CALL: Ayes – All, the motion carried.

UNFINISHED BUSINESS: CITY BAND MILLAGE  RESOLUTION NO. 2019-81

Nowak/Bielas, to levy .20 of a mill for the Rogers City City Band for the 2019 tax year.

ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS: 

COMMERCIAL REDEVELOPMENT DISTRICT – PUBLIC HEARING

Mayor McLennan opened the public hearing regarding the Redevelopment District at 7:29 pm.  City Mgr. Hefele reviewed the information regarding the district.  Dave Farmer inquired if he would qualify.  No written comments were received, the public hearing was closed at 7:39 pm.

COMMERCIAL REDEVELOPMENT DISTRICT – RESOLUTION

RESOLUTION NO. 2019-82

Nowak/Adair, at a regular meeting of the City Council of the City of Rogers City conducted June 4, 2019:

WHEREAS, pursuant to Public Act 255 of 1978, the City Council of the City of Rogers City has the authority to establish Commercial Redevelopment Districts within the City of Rogers City on its own initiative if it determines that such districts consist of obsolete commercial properties or cleared or vacant land which is part of an existing, developed commercial zone which has been zoned commercial since on or before June 21, 1975, and the area is, or was, characterized by obsolete commercial property and a decline in commercial activity; and

WHEREAS, the City Council has determined that the following described district meets that requirement:

ORIGINAL PLAT – Block 13 (lots 7-14); Block 14 (lots 1-2 and 9-24); Block 15 (all); block 16 (all); Block 17 (lots 11-20); Block 19 (lots 1-8 and 12-13); Block 20 (all); Block 21 (lots 1-8); Block 22 (lots 1-5 except the westerly 50 feet of lot 5); and Block 24 (lots 7-8 and the southwesterly 50 feet of lot 6); BIRCHWOOD ADDITION – Block 1 (lots 1-12) and Block 2 (lots 1-12); GUMMS ADDITION – Block 2 (lots 17-18); LARKES ADDITION – Block 9 (lot 5); LARKE & FRIEDRICH ADDITION – Block 3 (lots 7-10) and Block 4 (lots 1-17); and PRESQUE ISLE WOODS ADDITION – Lots 85-102);

ORIGINAL PLAT BLK 13 PARC COM AT SW COR OF LOT 15 BLK 13, TH N 03D 25M E ALG W BDY LN OF BLK 13 311.62 FT TO POB TH CONT N 03D 25M E 81.28 FT TO NLY LN OF FORMER D&M RR; TH ALG THE ARC OF A 2914.93 FT RAD CURVE TO THE RIGHT HAVING A DELTA OF 10D 40M 16S & A LONG CHORD BEARING S 46D 00M 43S E 542.1 FT, ALL BEING ALG SD FORMER RR TO NLY LN OF SUPERIOR ST; TH ALG SUPERIOR ST S 55D 34M 15S W 43.08 FT ALG SUPERIOR ST N 88D 41M 17S W 31.34 FT TH ALG ARC OF 2848.93 FT RAD CURVE TO THE LEFT HAVING A DELTA OF 09D 12M 44S AND LONG CHORD BEARING N 45D 47M 54S W 457.56 FT TO POB;

ORIGINAL PLAT COM AT MOST NLY COR LOT 1 BLK 25, TH WLY ALG SLY LI OF ERIE ST 90 FT TH IN A SLY DIR PAR W/ 4TH ST 92 FT TH ELY PAR W/ ERIE ST 90 FT TH NLY ALG WLY LI OF 4TH ST 92 FT TO POB;

ORIGINAL PLAT COM AT N COR BLK 25 TH S 55D 30M W 90 FT TO POB TH S 34D 30M E 84 FT TH N 88D 15M W 110 FT TH N 34D 30 W 20 FT TH N 55D 30M E 90 FT TO POB;

LARKES ADD BLK 1 COM W COR OF LOT 4 TH N 55-30-00 E 20 FT TH N 34-30-00 W 30 FT TH S 88-15-00 E 110 FT TH S 34-30-00 W 8 FT TH N 55-30-00 W 110 FT TH N 34-30-00 W 42 FT TO POB;

LARKE & FRIEDRICH ADD BLK 3 COM AT INT OF N LN OF THIRD ST & E LN FRIEDRICH ST , TH ALG SD ST S35-21-38E 208.22 FT TO POB, TH CONT ALG SD ST S34-21-38E 135.15 FT TO SE COR LOT 6 BLK 3, TH ALG SELY LOT LN & EXT N55-38-12E 178.74 FT TO SWLY LN OF RR, TH ON CURVE TO RT, RAD 2814.93 FT, CHD S5058-56E 63.19 FT TO E LN OF PLAT, TH N03-025-00E 176.52 FT TO S LN OF ALLEY, TH N74-31-17W 110.07 FT, TH CONT ALG SD ALLEY N73-07-40W 16.15 FT, S34-25-27E 109.79 FT, S55-15-07W 121.51 FT TO POB. RT HAV RADIUS 2814.93FT ON CHRD BRNG S50D 58 MIN 5SEC S 63.19 FT TO E LINE & E LINE OF SAID D & M RR EXEPT TO SAID PLAT ALG SAID E LIN N3DEF 25 MIN E 176.52 TO SLY LN OF ALLY, TH ALG SD LSU LN OF ALLY. TH ALG SD LSU LN OF ALLY N 74DEG 31 MIN 17 SEC W 110.07 FT, TH CONT ALG SD ALLY N73 DEG 7MIN 40 SEC W16.15FT, TH S34DEG 25MIN 27SEC E 109.79FT, TH S55DEG 15MIN 7SEC W 121.51 FT TO POB;

LARKE & FRIEDRICH ADD BLK 3 COM AT INT OF N LN OF THIRD ST & E LN OF FRIEDRICH ST TH ALG SD ST S 34D 21M 38S E 208.22 FT TH N 57D 15M 07S E 121.51 FT TH N 34D 25M 27S E 109.79 FT TO S LN OF ALLEY TH ON CURVE TO RT RAD 325.01 FT CHORD N 65S 51M 13S W 65.83 FT TH CONT ALG ALLEY N 60D 02M 52S W 184.44 FT TO E LN OF FRIEDRICH ST TH ALG SD ST S 29D 06M 49S W 122.4 FT TO POB (SUBJ TO EASEMENTS);

UNPLATTED LAND COM AT W 1/4 COR OF SEC 15, TH N 03D 25M E ALG SEC LN 215 FT; TH S 60D 27M 45S E 595.40 FT TO POB; TH S 29D 53M 37S W 115 FT; TH S 60D 27M 45S W 400 FT; TH N 29D 53M 37S E 215 FT; TH N 60D 27M 45S W 400 FT; TH S 29D 53M 37S W 100 FT TO POB, SEC 15 T35N R5E;

UNPLATTED LAND COM AT W 1/4 COR SEC 15 TH N 03D 25M E ALG THE SEC LN 215 FT; TH S 60D 27M 45S E 36.75 FT TO POB; TH S 03D 25M W 128.08 FT; TH S 60D 27M 45S E 501.55 FT; TH N 29D 53M 37S E 215 FT; TH N 60D 27M 45S W 608.31 FT; TH S 03D 25M W 111.38 FT TO POB, SEC 15 T35N R5E;

UNPLATTED LAND T35N R5E,SEC 16, PART OF SW 1/4 OF NE 1/4 COM DESC AS COM CTR SEC 16; TH N 01D 09M 35S W 1.81FT; TH N 87D 32M 23S E 245.11FT; TH N 59D 25M 39S W 111.05FT TO POB; TH CONT N 59D 25M 39S W 177.07FT; TH N 01D 09M 35S W 37.97FT; TH N 87D 30M 00S E 86.60FT; TH S 26D 50M 37S E 147.72FT TO POB; and

WHEREAS, written notice has been given by certified mail to all owners of real property located within the proposed district, and a notice of hearing has been published in the local newspaper, as required by the Act; and

WHEREAS, on June 4, 2019, a public hearing was conducted and all residents and taxpayers of the City of Rogers City were afforded an opportunity to be heard thereon; and

WHEREAS, the City Council deems it to be in the public interest of the City of Rogers City to establish the Commercial Redevelopment District as proposed;

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rogers City that the District described above be established as a Commercial Redevelopment District pursuant to the provisions of PA 255 of 1978 to be known as the Rogers City Downtown Commercial Redevelopment District.

The resolution was adopted with Council Members Adair, Bielas, Fuhrman, Nowak and McLennan voting yes, no Council Members voting no, and no Council Members were absent.

COMMERCIAL REHABILITATION DISTRICT – PUBLIC HEARING

Mayor McLennan opened the Public Hearing for the Rehabilitation District at 7:42 pm.  No written comments were received. Several people in the audience requested information be emailed to them.  The Public Hearing was closed at 7:44 pm.

COMMERCIAL REHABILITATION DISTRICT – RESOLUTION

RESOLUTION NO. 2019-83

Fuhrman/Bielas at a regular meeting of the City Council of the City of Rogers City conducted June 4, 2019:

WHEREAS, pursuant to Public Act 210 of 2005, the City Council of the City of Rogers City has the authority to establish Commercial Rehabilitation Districts within the City of Rogers City on its own initiative if it determines that such districts consist of a “qualified facility” as defined in the Act, with that definition including “a building or group of contiguous buildings of commercial property that is 15 years old or older;” and 

WHEREAS, the City Council has determined that the following described district meets that requirement:

ORIGINAL PLAT – Block 13 (lots 7-14); Block 14 (lots 1-2 and 9-24); Block 15 (all); block 16 (all); Block 17 (lots 11-20); Block 19 (lots 1-8 and 12-13); Block 20 (all); Block 21 (lots 1-8); Block 22 (lots 1-5 except the westerly 50 feet of lot 5); and Block 24 (lots 7-8 and the southwesterly 50 feet of lot 6); BIRCHWOOD ADDITION – Block 1 (lots 1-12) and Block 2 (lots 1-12); GUMMS ADDITION – Block 2 (lots 17-18); LARKES ADDITION – Block 9 (lot 5); LARKE & FRIEDRICH ADDITION – Block 3 (lots 7-10) and Block 4 (lots 1-17); and PRESQUE ISLE WOODS ADDITION – Lots 85-102);

ORIGINAL PLAT BLK 13 PARC COM AT SW COR OF LOT 15 BLK 13, TH N 03D 25M E ALG W BDY LN OF BLK 13 311.62 FT TO POB TH CONT N 03D 25M E 81.28 FT TO NLY LN OF FORMER D&M RR; TH ALG THE ARC OF A 2914.93 FT RAD CURVE TO THE RIGHT HAVING A DELTA OF 10D 40M 16S & A LONG CHORD BEARING S 46D 00M 43S E 542.1 FT, ALL BEING ALG SD FORMER RR TO NLY LN OF SUPERIOR ST; TH ALG SUPERIOR ST S 55D 34M 15S W 43.08 FT ALG SUPERIOR ST N 88D 41M 17S W 31.34 FT TH ALG ARC OF 2848.93 FT RAD CURVE TO THE LEFT HAVING A DELTA OF 09D 12M 44S AND LONG CHORD BEARING N 45D 47M 54S W 457.56 FT TO POB;

ORIGINAL PLAT COM AT MOST NLY COR LOT 1 BLK 25, TH WLY ALG SLY LI OF ERIE ST 90 FT TH IN A SLY DIR PAR W/ 4TH ST 92 FT TH ELY PAR W/ ERIE ST 90 FT TH NLY ALG WLY LI OF 4TH ST 92 FT TO POB;

ORIGINAL PLAT COM AT N COR BLK 25 TH S 55D 30M W 90 FT TO POB TH S 34D 30M E 84 FT TH N 88D 15M W 110 FT TH N 34D 30 W 20 FT TH N 55D 30M E 90 FT TO POB;

LARKES ADD BLK 1 COM W COR OF LOT 4 TH N 55-30-00 E 20 FT TH N 34-30-00 W 30 FT TH S 88-15-00 E 110 FT TH S 34-30-00 W 8 FT TH N 55-30-00 W 110 FT TH N 34-30-00 W 42 FT TO POB;

LARKE & FRIEDRICH ADD BLK 3 COM AT INT OF N LN OF THIRD ST & E LN FRIEDRICH ST , TH ALG SD ST S35-21-38E 208.22 FT TO POB, TH CONT ALG SD ST S34-21-38E 135.15 FT TO SE COR LOT 6 BLK 3, TH ALG SELY LOT LN & EXT N55-38-12E 178.74 FT TO SWLY LN OF RR, TH ON CURVE TO RT, RAD 2814.93 FT, CHD S5058-56E 63.19 FT TO E LN OF PLAT, TH N03-025-00E 176.52 FT TO S LN OF ALLEY, TH N74-31-17W 110.07 FT, TH CONT ALG SD ALLEY N73-07-40W 16.15 FT, S34-25-27E 109.79 FT, S55-15-07W 121.51 FT TO POB. RT HAV RADIUS 2814.93FT ON CHRD BRNG S50D 58 MIN 5SEC S 63.19 FT TO E LINE & E LINE OF SAID D & M RR EXEPT TO SAID PLAT ALG SAID E LIN N3DEF 25 MIN E 176.52 TO SLY LN OF ALLY, TH ALG SD LSU LN OF ALLY. TH ALG SD LSU LN OF ALLY N 74DEG 31 MIN 17 SEC W 110.07 FT, TH CONT ALG SD ALLY N73 DEG 7MIN 40 SEC W16.15FT, TH S34DEG 25MIN 27SEC E 109.79FT, TH S55DEG 15MIN 7SEC W 121.51 FT TO POB;

LARKE & FRIEDRICH ADD BLK 3 COM AT INT OF N LN OF THIRD ST & E LN OF FRIEDRICH ST TH ALG SD ST S 34D 21M 38S E 208.22 FT TH N 57D 15M 07S E 121.51 FT TH N 34D 25M 27S E 109.79 FT TO S LN OF ALLEY TH ON CURVE TO RT RAD 325.01 FT CHORD N 65S 51M 13S W 65.83 FT TH CONT ALG ALLEY N 60D 02M 52S W 184.44 FT TO E LN OF FRIEDRICH ST TH ALG SD ST S 29D 06M 49S W 122.4 FT TO POB (SUBJ TO EASEMENTS);

UNPLATTED LAND COM AT W 1/4 COR OF SEC 15, TH N 03D 25M E ALG SEC LN 215 FT; TH S 60D 27M 45S E 595.40 FT TO POB; TH S 29D 53M 37S W 115 FT; TH S 60D 27M 45S W 400 FT; TH N 29D 53M 37S E 215 FT; TH N 60D 27M 45S W 400 FT; TH S 29D 53M 37S W 100 FT TO POB, SEC 15 T35N R5E;

UNPLATTED LAND COM AT W 1/4 COR SEC 15 TH N 03D 25M E ALG THE SEC LN 215 FT; TH S 60D 27M 45S E 36.75 FT TO POB; TH S 03D 25M W 128.08 FT; TH S 60D 27M 45S E 501.55 FT; TH N 29D 53M 37S E 215 FT; TH N 60D 27M 45S W 608.31 FT; TH S 03D 25M W 111.38 FT TO POB, SEC 15 T35N R5E;

UNPLATTED LAND T35N R5E,SEC 16, PART OF SW 1/4 OF NE 1/4 COM DESC AS COM CTR SEC 16; TH N 01D 09M 35S W 1.81FT; TH N 87D 32M 23S E 245.11FT; TH N 59D 25M 39S W 111.05FT TO POB; TH CONT N 59D 25M 39S W 177.07FT; TH N 01D 09M 35S W 37.97FT; TH N 87D 30M 00S E 86.60FT; TH S 26D 50M 37S E 147.72FT TO POB; and

WHEREAS, written notice has been given by certified mail to Presque Isle County and all owners of real property located within the proposed district, and a notice of hearing has been published in the local newspaper, as required by the Act; and

WHEREAS, on June 4, 2019, a public hearing was conducted and all residents and taxpayers of the City of Rogers City were afforded an opportunity to be heard thereon; and

WHEREAS, the City Council deems it to be in the public interest of the City of Rogers City to establish the Commercial Rehabilitation District as proposed;

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Rogers City that the District described above be established as a Commercial Rehabilitation District pursuant to the provisions of PA 210 of 2005 to be known as the Rogers City Downtown Commercial Rehabilitation District.

The resolution was adopted with Council Members Adair, Bielas, Fuhrman, Nowak and McLennan voting yes, no Council Members voting no, and no Council Members were absent.

RESOLUTION NO. 2019-84

Nowak/Fuhrman, to table the tax abatement policy to the June 18, 2019 Regular Council meeting.

Ayes – All the motion carried.

BIOSOLID HAULING AND LAND APPLICATION

RESOLUTION NO. 2019-85

Nowak/Bielas, to utilize Biotech Argonomics for bio solid testing, hauling and application for the City of Rogers City and authorize City Mgr. Hefele to sign the agreement. 

ROLL CALL: Ayes – All, the motion carried.

DEFINED CONTRIBUTION PLAN ADMINISTRATOR

RESOLUTION NO. 2019-86

Bielas/Nowak, to have City Mgr. Hefele and City Atty. Vogler develop an Administrative Agreement between the City of Rogers City and Forrester’s Financial for administration of the City of Rogers City 401a Plan for all new hires effective July 1, 2019.  

ROLL CALL: Ayes – All, the motion carried

WELL # 8 DEVELOPMENT

RESOLUTION NO. 2019-87

Bielas/Adair, to approve the purchase of a new pump and motor for use at Well #8 from the RRI fund with the cost not to exceed $17,000.  ROLL CALL: Ayes – All, the motion carried.

NAUTICAL FESITVAL PARKS CURPHEW

PARKS AND RECREATION REGULATION 2019-01

Bielas/Adair, that Pursuant to Chapter 12, Section 12-1 of the Code of Ordinances of the City of Rogers City, the City Council, for the purpose of protecting public property and the safety, health and welfare of the public, hereby approves and adopts the following regulation pertaining to the use of City parks:

Section 1. South Shore Park (Little League Park) shall be closed between the hours of 11:00 p.m., Friday, August 2, 2019, and 6:00 a.m., Saturday, August 3, 2019, and between the hours of 11:00 p.m., Saturday, August 3, 2019, and 6:00 a.m., Sunday, August 4, 2019.  No person shall loiter or remain in that park during those hours. 

Section 2. Seagull Point Park, Lakeside Park, North Shore Park, Sports Park, and Westminster Park shall be closed between the hours of 2:00 a.m. and 6:00 a.m., Satur

day, August 3, 2019 and between the hours of 2:00 a.m. and 6:00 a.m., Sunday, August 4, 2019.  No person shall loiter or remain in these parks during those hours.

Section 3. This regulation shall be published in full for two-consecutive weeks prior to August 1, 2019 in the Presque Isle County Advance.

Section 4. This regulation is effective upon adoption.

Ayes – All, the motion carried.

ADJOURNMENT:

Mayor McLennan declared the meeting adjourned at 8:19 p.m.

Condensed version, complete minutes are available at City Hall.

Terri L. Koss, City Clerk/Treasurer