THE ROGERS CITY CITY COUNCIL Minutes

MINUTES OF THE REGULAR MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL 

CHAMBERS ON 

TUESDAY, OCTOBER 5, 2021

Mayor McLennan called the meeting to order at 6 p.m.  

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

APPROVAL OF AGENDA

Nowak/Fuhrman, to approve the agenda as presented.  

ROLL CALL: Ayes – All, the motion carried.

APPROVAL OF MINUTES

Bielas, seconded by Council Member Nowak, that the minutes of the Regular Council Meeting of September 21, 2021 and Special Meeting of September 29, 2021 be approved as written.

ROLL CALL: Ayes – Adair, Bielas, Nowak and McLennan. Nayes – Fuhrman, the motion carried.

CITY CLERK’S REPORT:

CHECK AND INVOICE APPROVAL:

Adair/Bielas, that the following total fund expenditures be recognized as payments made and payments to be made, in the amount of $313,727.14 and the Mayor is authorized to sign the check register. ROLL CALL: Ayes – All, the motion carried.

MAYOR:

RESOLUTION NO. 2021-139

Nowak/Adair, to re-appoint Barb Mills, Travis Peltz and Preston Mertz to the Downtown Development Authority with the term to expire June 2025, re-appoint Erik Nadolsky, Jan Dullack and appoint Scott Pauly to the Building Authority with the term to expire July 2025, re-appoint Dick Lappan and John Krajenta to the Harbor Advisory Commission with the term to expire May 2026, re-appoint Travis Peltz to the Local Officers Compensation Committee with the term to expire September 30, 2026 and re-appoint Brittany Vanderwall, Valerie Meharg and Mike Peltz to the Parks and Recreation Commission with the term to expire September 2024.

ROLL CALL: Ayes – All, the motion carried.

UNFINISHED BUSINESS: 

ORDINANCE NO. 2021-19

DRIVE APPROACH ORDINANCE – SECOND READING

Nowak/Fuhrman, for second reading and adoption of the following Ordinance No. 2021-19, which was introduced for first reading at the September 21, 2021 Council meeting, be adopted and that proper publication be made within 15 days required from the date thereof in the Presque Isle County Advance.  Said ordinance to become effective upon publication which is October 14, 2021.

AN ORDINANCE AMENDING CHAPTER 16 (STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES), ARTICLE 3 (OBSTRUCTIONS AND EXCAVATIONS), DIVISION 2 (CURB CUTS), OF THE CODE OF ORDINANCES OF THE CITY OF ROGERS CITY.

THE CITY OF ROGERS CITY ORDAINS:

Chapter 16, Article 3, Division 2, of the Code of Ordinances of the City of Rogers City, Michigan, is hereby amended as follows (language in red with strike-through is eliminated; language in green is added):

DIVISION 2. – CURB CUTS AND DRIVEWAY ACCESS

Sec. 16-71. – Permit required.

Sec. 16-72. – Specifications.

Sec. 16-73. – Costs of adjusting public improvements.

Sec. 16-74. – Appeals to City Council.

Secs. 16-75—16-85. – Reserved.

Sec. 16-71. – Permit required.

No opening in or through any curb, driveway access from a street or alley, or public sidewalk driveway crossing shall be made without first obtaining a written permit from the city manager or his/her authorized representative. 

Sec. 16-72. – Specifications.

Curb cuts, driveway accesses, and sidewalk driveway crossings to provide access to private property shall comply with the following:

Residential-zoned districts

No single curb cut or driveway access shall exceed a width of twenty-five (25) feet, or be less than a width of ten (10) feet at the line where the driveway connects to an improved or unimproved public street or alley.

The minimum distance between any curb cut or driveway access and a public crosswalk shall be five (5) feet.

The maximum number of curb cuts or driveway accesses per residential property is three (3) and the maximum number of curb cuts or driveway accesses per frontage is two (2) regardless of the number of tax parcels that comprise a residential property or the number of residential units on a property.

Commercial districts

The minimum distance between curb cuts or driveway accesses shall be ten (10) feet.

The minimum distance between any curb cut or driveway access and a public cross walk shall be five (feet).

The maximum number of lineal feet of sidewalk driveway crossings permitted for any lot, parcel of land, business or enterprise, shall be forty-five (45) percent of the total abutting street frontage up to and including two hundred (200) lineal feet of street frontage plus twenty (20) percent of the lineal feet of street frontage in excess of two hundred (200) feet.

Sec. 16-73. – Costs of adjusting public improvements.

The adjustments to utility poles, light standards, fire hydrants, catch basins, street or railway signs, signals, or other public improvements or installations made necessary by curb cuts or driveway crossings shall be accomplished without cost to the city. 

Sec. 16-74. – Appeals to City Council

Requests for an exception to any of the requirements established in this Division must be made to City Council, which may deviate from the requirements only when following them would clearly constitute a hardship to the individual making the appeal; if granted, the hardship must be documented in the minutes of the public meeting in which the appeal is considered.

Secs. 16-75—16-85. – Reserved.

A summary of this ordinance shall be published within 15 days after its adoption. 

This ordinance shall become effective upon publication of a summary of its provisions. 

ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS: 

ZONING AMENDEMENT (FENCES) – FIRST READING

ORDINANCE NO. 2021-20

Nowak/Adair, for first reading:

AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-41, SUBSECTIONS A-C, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO CREATE SETBACKS FOR SIDEWALKS OR FUTURE SIDEWALKS AND PROVIDE CLARIFICATION REGARDING CORNER AND DRIVEWAY CLEARANCES.

Ordinance printed in summary in other area of this week’s edition. 

ROLL CALL: Ayes – All, the motion carried.

ZONING AMENDMENT (DANGEROUS AND ABANDONED SIGNS) – FIRST READING

ORDINANCE NO. 2021-21

Bielas/Nowak, for first reading

AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-45, SUBSECTION E (GENERAL SIGN STANDARDS), PARAGRAPH 13 (UNSAFE, DAMAGED AND ILLEGAL SIGNS) OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO ADDRESS THE STRUCTURES, FRAMES, AND BASES ASSOCIATED WITH SUCH SIGNS, WHILE REMOVING THE ZONING ADMINISTRATOR’S ABILITY TO GRANT EXTENSIONS ASSOCIATED WITH COMPLIANCE.

Ordinance printed in summary in other area of this week’s edition. 

ROLL CALL: Ayes – All, the motion carried.

ZONING AMENDMENT (CORNER & DRIVEWAY CLEARANCES – FIRST READING

ORDINANCE NO. 2021-22

Fuhrman/Adair, for first reading

AN ORDINANCE AMENDING ARTICLE 3, SECTION 32-30, SUBSECTION A, OF THE CITY OF ROGERS CITY ZONING ORDINANCE (ORDINANCE 2011-1, AS AMENDED) TO CREATE AN EXCEPTION FOR THE B-2 DISTRICT AND REDUCE DRIVEWAY AND VISIBILITY REQUIREMENTS

Ordinance printed in summary in other area of this week’s edition. 

ROLL CALL: Ayes – All, the motion carried.

FOOD TRUCK ORDINANCE – FIRST READING

RESOLUTION NO. 2021-140

Bielas/Adair, to table this Ordinance discussion until the next meeting. 

ROLL CALL: Ayes – All, the motion carried. 

WATER CURB STOP ORDINANCE – FIRST READING

ORDINANCE NO. 2021-23

Nowak/Fuhrman, for first reading

AN ORDINANCE AMENDING CHAPTER 18 (UTILITIES), ARTICLE 2 (CITY WATER UTILITY), SECTION 18-28 (TURNING ON WATER SERVICE), OF THE CODE OF ORDINANCES OF THE CITY OF ROGERS CITY.

Ordinance printed in summary in other area of this week’s edition. 

ROLL CALL: Ayes – All, the motion carried.

ASSESSING CONTRACT

RESOLUTION NO. 2021-141

Bielas/Nowak, to approve the contract with Berg Assessing as presented. 

ROLL CALL: Ayes – All, the motion carried.

ONLINE BANKING AGREEMENT – HUNTINGTON BANK

RESOLUTION NO. 2021-142

Bielas/Adair, to approve the on-line banking agreement with Huntington National Bank, effective October 12, 2021. ROLL CALL: Ayes – All, the motion carried.

MEDC GRANT (FIRST STREET) SIGNATORY/CERTIFYING OFFICER

RESOLUTION NO. 2021-143

Nowak/Fuhrman,

WHEREAS, the City of Rogers City (City) has secured Community Development Block Grant No. MSC-220069-WRI (Grant) through the Michigan Economic Development Corporation (MEDC); and

WHEREAS, the MEDC requires the City to have an authorized signatory for all Grant documents, materials, and contracts, as well as a certifying officer for the environmental review for the project; and

WHEREAS, the city manager has been entrusted with the day-to-day operation of the City and is in the office daily and therefore more readily available to perform Grant-related tasks than is the Mayor;

THEREFORE BE IT RESOLVED, that the city manager is hereby authorized and directed to be the signatory on all Grant documents, materials, and contracts, as well as the certifying officer for the environmental review.

ROLL CALL: Ayes – All, the motion carried.

HALLOWEEN – TRICK OR TREAT HOURS/USE OF FIRE HALL

RESOLUTION NO. 2021-144

Adair/Bielas, to set Trick or Treating hours on Sunday, October 31, 2021 from 5:30 to 7:30 pm. and approve use of the Fire Hall and Halloween parade. ROLL CALL: Ayes – All, the motion carried.

OPTIMIST CLUB – TREE LIGHTING

RESOLUTION NO. 2021-145

Nowak/Fuhrman, to approve the request from the Optimist Club for the annual tree lighting on Wednesday, November 24, 2021. ROLL CALL: Ayes – All, the motion carried.

ADJOURNMENT:

Mayor McLennan declared the meeting adjourned at 6:56 p.m.

Condensed version, complete minutes are available at City Hall.

MINUTES OF THE SPECIAL MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL 

CHAMBERS ON WEDNESDAY, 

SEPTEMBER 29, 2021

Mayor McLennan presided andcalled the meeting to order at 9:02 a.m. 

ROLL CALL:  PRESENT – Coucil Members Kenneth Bielas, Gary Nowak and Mayor Scott McLennan.

ABSENT – Council Members Richard Adair and Larry Fuhrman.

OTHER CITY PERSONNEL PRESENT – City Mgr. Joseph Hefele and Harbormaster Wayne Saile.

APPROVAL OF AGENDA

It was moved by Council Member Nowak, seconded by Council Member Bielas, to approve the agenda as presented.  

ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS:

BUDGET AMENDMENT – MARINA WINTER STORAGE

RESOLUTION NO. 2021-138

It was moved by Council Member Nowak, seconded by Council Member Bielas, BE IT RESOLVED, by the City Council of the City of Rogers City, Michigan to amend the FY2021-2022 Annual Budget as prepared by City Staff, presented to Council in writing, and reviewed at this September 29, 2021 meeting to amend the revenue and expense budgets at the marina by $11,500 to allow for the purchase of sailboat stands and shrink wrap supplies, with the manager authorized to spend reasonable amounts above that figure if necessary before seeking an additional amendment A copy of said amendment to be placed on file in the City Clerk’s office.

ROLL CALL: Ayes – All, the motion carried.

ADJOURNMENT:

With nothing further to come before Council, Mayor McLennan declared the meeting adjourned at 

9:11 a.m

Scott McLennan, Mayor Joseph Hefele, City Manager

MINUTES OF THE REGULAR MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL 

CHAMBERS ON TUESDAY, SEPTEMBER 21, 2021

Mayor McLennan called the meeting to order at 6 p.m.  .

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

APPROVAL OF AGENDA

It was moved by Council Member Nowak, seconded by Council Member Bielas, to approve the agenda as presented.  ROLL CALL: Ayes – All, the motion carried.

APPROVAL OF MINUTES

Fuhrman/Adair, that the minutes of the Regular Council Meeting of September 7, 2021 be approved as written. ROLL CALL: 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 $777,893.95 and the Mayor is authorized to sign the check register. ROLL CALL: Ayes – All, the motion carried.

UNFINISHED BUSINESS: ORDINANCE 2021-19

A motion was made by Council Member Nowak, seconded by Council Member Adair, for first reading

AN ORDINANCE AMENDING CHAPTER 16 (STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES), ARTICLE 3 (OBSTRUCTIONS AND EXCAVATIONS), DIVISION 2 (CURB CUTS), OF THE CODE OF ORDINANCES OF THE CITY OF ROGERS CITY

ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS: 

AGREEMENT TO REMOVE CONTENTS FROM SEPTIC TANK

PAVILION GRILL OPERATING AGREEMENT

RESOLUTION NO. 2021-132

Nowak/Bielas, to allow Council Member Fuhrman to abstain from the Pavilion Grill agenda item.

ROLL CALL: Ayes – All, the motion carried.

RESOLUTION NO. 2021-133

Nowak/Adair, to renew a three year agreement with SPUD Enterprises with lessee responsible for cleaning the hood annually and rental fee to be set aside for future upgrades.  

ROLL CALL: Ayes – All, the motion carried.   Fuhrman – Abstained.

LOU-AFSCME (MECHANIC)

RESOLUTION NO. 2021-134

Bielas/Adair, to approve the AFSCME Letter of Understanding regarding the mechanic as presented.  ROLL CALL: Ayes – Adair, Bielas, Fuhrman and McLennan.

Nayes – Nowak, the motion carried.

BUDGET AMENDMENT – LOADER REPAIRS

RESOLUTION NO. 2021-135

Nowak/Fuhrman, BE IT RESOLVED, by the City Council of the City of Rogers City, Michigan to amend the FY2021-2022 Annual Budget as prepared by City Staff, presented to Council in writing, with the addition of a $65,000 increase in the expense of City Attorney Professional Services and increase the personal property tax reimbursement revenue line by $65,000 and reviewed at this September 21, 2021 meeting.  A copy of said amendment to be placed on file in the City Clerk’s office.

ROLL CALL: Ayes – All, the motion carried.

FAMILY DOLLAR REQUEST – (LOADING & UNLOADING)

RESOLUTION NO. 2021-136

Nowak/Fuhrman, to table the Family Dollar request until the next Council meeting.

ROLL CALL: Ayes – All, the motion carried.

CERTIFIED GRANT ADMINISTRATOR – FIRST STREET GRANT

RESOLUTION NO. 2021-137

Nowak/Adair, to approve the contract between the City of Rogers City and Carter Consulting as the Certified Grant Administrator for the MEDC Community Development Block Grant contingent upon city attorney and staffs comfort level on the language in the contract and accompanying documents. ROLL CALL: Ayes – All, the motion carried.

ADJOURNMENT:

Mayor McLennan declared the meeting adjourned at 7:19 p.m.

Condensed version, complete minutes are available at City Hall.

MINUTES OF THE REGULAR MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL 

CHAMBERS ON TUESDAY, 

SEPTEMBER 7, 2021

Mayor McLennan called the meeting to order at 6 p.m. 

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

APPROVAL OF AGENDA

Nowak/Fuhrman, to approve the agenda with the removal of item A under New Business “Drive approach ordinance – first reading”.  

ROLL CALL: Ayes – All, the motion carried.

APPROVAL OF MINUTES

Bielas/Adair, that the minutes of the Regular Council Meeting of August 17, 2021 be approved as written. ROLL CALL: 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 $423,418.72 and the Mayor is authorized to sign the check register. ROLL CALL: Ayes – All, the motion carried.

NEW BUSINESS: 

DRIVE APPROACH ORDINANCE – FIRST READING

This item was removed from the agenda (see approval of agenda)

ZONING ORDINANCE (VISIBILITY) ZONING ORDINANCE (FENCES)

ZONING ORDINANCE (SIGNS)

RESOLUTION NO. 2021-125

Bielas/Nowak, to refer zoning ordinance visibility, fences and signs to the Planning Commission for recommendation.  ROLL CALL: Ayes – All, the motion carried.

PERPETUAL CARE FUND – CLOSE ACCOUNT

RESOLUTION NO. 2021 –126

Adair/Fuhrman, to close the perpetual care fund bank account number ending in 9142 at TCF Bank.    

ROLL CALL:   Ayes- All, the motion carried. 

BUDGET AMENDMENTS

RESOLUTION NO. 2021 –127

Nowak/Fuhrman, BE IT RESOLVED, by the City Council of the City of Rogers City, Michigan to amend the FY2021-2022 Annual Budget as prepared by City Staff, presented to Council in writing, and reviewed at this September 7, 2021 meeting.  A copy of said amendment to be placed on file in the City Clerk’s office.

ROLL CALL:   Ayes- All, the motion carried. 

USE OF CITY MANLIFT AT MARINA

RESOLUTION NO. 2021 –128

Nowak/Adair, to approve use of the manlift at the marina for the private contractor to utilize per arrangements with the City Mgr. Hefele.

ROLL CALL:   Ayes- All, the motion carried. 

CLOSED SESSION: 

RESOLUTION NO. 2021 –129

Nowak/Fuhrman, to enter into Closed Session to discuss consultation with Attorney Vogler in connection with Carmeuse tax tribunal cases.

ROLL CALL:   Ayes- All, the motion carried and the meeting adjourned to Closed Session at 6:50 pm.  Upon reconvening in public session at 7:15 pm the following resolutions were made:

NEW APPRAISAL CONTRACT – CARMEUSE TAX TRIBUNAL CASE

rong>RESOLUTION NO. 2021 –130

Nowak/Bielas, authorizing City Mayor Scott McLennan sign the contract with Appraisal firm Bradley D. Ross, CPG.ROLL CALL:   Ayes- All, the motion carried. 

RESOLUTION NO. 2021 –131

Adair/Fuhrman, authorizing City Attorney Michael Vogler sign the contract for services Lewis, Reed & Allen, P.C. for the 2021 ON Minerals tax appeal.

ROLL CALL:   Ayes- All, the motion carried. 

ADJOURNMENT:

Mayor McLennan declared the meeting adjourned at 7:16 p.m.

Condensed version, complete minutes are available at City Hall.