RC City Council Proceedings

MINUTES OF THE REGULAR MEETING OF THE ROGERS CITY CITY COUNCIL

HELD IN COUNCIL CHAMBERS ON TUESDAY, 

SEPTEMBER 19, 2017

Mayor Sobeck presided and called the meeting to order at 7 p.m.

PRESENT –Adair, Bielas, McLennan, Nowak and Sobeck.

APPROVAL OF MINUTES

Bielas/Nowak, that the minutes of the Regular Council Meeting of September 4, 2017 be approved as written.

ROLL CALL: Ayes – All, the motion carried.

CITY CLERK’S REPORT:

CHECK AND INVOICE APPROVAL:

McLennan/Adair, that the following total fund expenditures be recognized as payments made and payments to be made, in the amount of $159,423.80 and the Mayor authorized to sign the check register.

ROLL CALL: Ayes – All, the motion carried.

UNFINISHED BUSINESS:

ORDINANCE 2017-4 SECOND READING AND ADOPTION

Nowak/Bielas, that the following Ordinance No. 2017-4, which was introduced for first reading at the September 4, 2017 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 5, 2017.

AN ORDINANCE TO AMEND ARTICLE 3 OF THE ROGERS CITY ZONING ORDINANCE TO INCREASE HEIGHT LIMITATIONS FOR OFF PREMISE ADVERTISING SIGNS AND DECREASE SPACING BETWEEN SIGNS.

THE CITY OF ROGERS CITY ORDAINS:

Section 1.

Article 3 GENERAL PROVISIONS, Section 32-45 Signs, Subsection J, OFF-PREMISE ADVERTISING SIGNS, 1 Area and Height Limitations: is amended to read as follows:

Area and Height Limitations:  No off-premise sign may be erected or maintained of a greater surface area than three hundred (300) square feet for each side of such sign. The top of the sign shall be no more than thirty (30) feet above the ground and the bottom of the sign shall be at least fifteen (15) feet above the ground. Double faced off-premise sign structures (i.e., structures having back-to-back faces) and V-type structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one off-premise sign.

And Article 3 GENERAL PROVISIONS, Section 32-45 Signs, Subsection J, OFF-PREMISE ADVERTISING SIGNS, 3 Spacing: is amended to read as follows:

Spacing: Off-premise signs shall be located no closer to one another than five hundred (500) feet.

Section 2.  Notice of this ordinance shall be published in the Presque Isle Advance within 15 days after its adoption.

Section 3.  This ordinance shall take effect upon the expiration of 7 days after publication.

ROLL CALL:  Ayes – All, the motion carried.

NEW BUSINESS:

PUBLIC HEARING CARMEUSE IFTE

The public hearing to hear comments regarding the Carmeuse IFTE was scheduled for Tuesday, September 19, 2017 at 7 pm.  Mayor Sobeck opened the public hearing of 7:21 pm.   City Staff reported that no written comments were received.  John Abbitt addressed Council regarding the proposed district.  With no further comments, Mayor Sobeck closed the hearing closed at 7:27 pm.

APPROVAL CARMEUSE IFTE.

RESOLUTION NO. 2017-87

RESOLUTION APPROVING THE APPLICATION FOR INDUSTRIAL FACILITIES TAX EXEMPTION CERTIFICATE FOR O-N MINERALS MICHIGAN DBA CARMEUSE LIME AND STONE FOR REAL PROPERTY LOCATED AT 1035 CALCITE ROAD, ROGERS CITY, MICHIGAN

At a regular meeting of the City Council of the City of Rogers City, Presque Isle County, Michigan, conducted in the Council Chambers, Rogers City Hall, 193 East Michigan Avenue, Rogers City, Michigan, on the 19th day of September, 2017 at 7:00 p.m.

PRESENT: COUNCIL MEMBERS Adair, Bielas, McLennan, and Nowak and Mayor Sobeck  ABSENT: None.

The following preamble and resolution was offered by Council Member Nowak and seconded by Council Member McLennan:

WHEREAS, pursuant to the Plant Rehabilitation and Industrial Development Districts Act, Public Act 198 of 1974, MCL 207.551 et seq., as amended (the “Act”), the City Council established Rogers City Industrial Development District No. 2017-01 (the “District”) by resolution on June 6, 2017; and

WHEREAS, O-N Minerals Michigan DBA Carmeuse Lime and Stone (the “Applicant”), a Michigan Corporation whose registered address is 5093 East M-134 Highway, Cedarville, Michigan 49179, operates an industrial facility located at 1035 Calcite Road, Rogers City, Michigan (the “Facility”), which is located within the District; and

WHEREAS, the Applicant filed with the City Clerk an application for an Industrial Facilities Tax Exemption Certificate (“Application”) on or about July 31, 2017, which is attached as Exhibit A; and

WHEREAS, the Application provides that the Applicant intends to make certain real property improvements at the Facility; and

WHEREAS, before acting on the Application, the City Council conducted a hearing at 7:00 p.m. on September 19, 2017, at the Council Chambers, Rogers City Hall, 193 East Michigan Avenue, Rogers City, Michigan; and

WHEREAS, in accordance with Section 5 of the Act, the Applicant, the City Assessor, and the legislative body of each taxing unit that levies ad valorem property taxes in the City were given notice of the hearing and were afforded an opportunity to be heard on the Application; and

WHEREAS, the improvements to real property at the Facility had not begun earlier than six (6) months before August 1, 2017, the date of acceptance of the Application for the Industrial Facilities Tax Exemption Certificate; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City, after granting this certificate, will not exceed five percent (5%) of an amount equal to the sum of the SEV of the City, plus the SEV of real and personal property thus exempted; and

WHEREAS, pursuant to Section 22 of the Act, the City has negotiated the terms of a proposed Letter of Agreement with the Applicant, which has been signed by an authorized representative of the Applicant, a copy of which is attached as Exhibit B; and

WHEREAS, the City has reviewed the terms and conditions of the proposed Letter of Agreement and has determined that it is in the best interests of the City and its residents to enter into the Letter of Agreement;

NOW, THEREFORE, the City Council of the City of Rogers City, Presque Isle County, Michigan, resolves as follows:

The 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 Public Act 198 of 1974 and Public Act 255 of 1978, shall not have the effect of substantially impeding the operation of the City or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City.

The Application is hereby approved.

The Industrial Facilities Tax Exemption Certificate, when issued, shall be and remain in force for a period of 12 years after completion.

The City Council hereby approves the terms of the proposed Letter of Agreement in the form attached as Exhibit B, and made a part hereof, and does hereby authorize and direct the City Mayor to execute the same on behalf of the City.

Any and all resolutions that are in conflict with this Resolution are hereby repealed to the extent necessary to give this Resolution full force and effect.

ROLL CALL:  Ayes all, the Motion Carried.

ASSESSOR SELECTION

RESOLUTION NO. 2017-88

Bielas/Adair, to approve the bid from Up North Assessing (Joseph Lavender) and have the City Attorney and City Manager develop a contract. ROLL CALL:  Ayes all, the Motion Carried.

TREE REMOVAL REQUEST

RESOLUTION NO. 2017-89

Nowak/Bielas, to have City Mgr. Hefele come up with a plan to remove the trees and have them replaced at North Shore Park.    ROLL CALL:  Ayes Bielas, Nowak.  Nayes, Adair, McLennan and Sobeck, the motion failed.

RESOLUTION NO. 2017-90

McLennan/Adair, to have the Parks and Recreation Commission review the request and prepare a recommendation for tree cutting in City Parks.

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

MARINA TOWING EQUIPMENT

RESOLUTION NO. 2017-91

Nowak/Adair, to approve up to $50,000 for the purchase of marina towing equipment.

ROLL CALL:  Ayes all, the Motion Carried.

MARINA SLING LIFT TRAILER

RESOLUTION NO. 2017-92

McLennan/Bielas, to approve the contract between the City of Rogers City and Kropf Conolift in the amount of $78,345.  ROLL CALL:  Ayes all, the Motion Carried.

LETTER OF SUPPORT PRESQUE ISLE DISTRICT LIBRARY

RESOLUTION NO. 2017-93

Nowak/McLennan, to approve the letter of support for the Presque Isle District Library.

ROLL CALL:  Ayes all, the Motion Carried.

SCHEDULE WORKSHOP – PENSION PLAN

It was consensus of Council to hold a workshop to discuss the City pension plan on October 3, 2017 at 6 pm.

RCHS YEARBOOK AD

RESOLUTION NO. 2017-94

Nowak/Adair, to approve the purchase of a ¼ page ad in the Rogers City High School Yearbook in the amount of $100.  ROLL CALL:  Ayes all, the Motion Carried.

ADJOURNMENT:

Mayor Sobeck declared the meeting adjourned at 7:52 p.m.

TERRI L. KOSS, CITY CLERK/TREASURER

Condensed version, complete minutes are available at City Hall.