City Council - Regular Meeting

I got I got my cell phone here. So call to order the regular meeting city council on Thursday, November 6, 2025. Roll call.

Councelor Moore here. Councelor Ba. Councelor Deart, yes. Councelor Floth, yes. Mayor Aml. Motion to excuse Mayor Aml and council member Bshaw. Please support. All in favor? I pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Moving on to approval or corrections to the minutes. So move approval. Second. All in favor? I

approval or adjustments to the agenda. So, a motion to make a couple adjustments here to our current agenda to add first reading of ordinance number 13:15 to number five of unfinished I mean uh new business. And then the second thing because we are making a recommendation to go into close session to add appointments, board commission and committee reports and general public comment and announcements prior to going into close session. Support. All in favor? I. Is there any conflict of interest declarations?

We have brief public comments. Would anybody like to um comment on anything on the agenda tonight? All right. Hearing none, we'll move on to public hearings. Public hearing. Notice of street improvements 20th Avenue South to 22nd Avenue South on South 18th Street. Public works.

The city of Eskanaba received a petition from property owners requesting the city to construct a 24 foot wide double chip seal roadway overlay treatment from 20th Avenue South to 22nd Avenue South on South 18th Street. On October 16th, 2025, the city of Eskanaba held a public hearing on the proposed improvement. The city of Eskanaba is now holding a public hearing on the proposed special assessed improvement project so that any comments or objections to the proposed street assessment can be heard. Administration recommends approval of the special assessments. And um just one before we open the public hearing um piece of information to follow up from our last meeting. Member Bsha was asking about um reassessments for maintenance of this and uh we did confirm that by charter we do have the authority to do that. Um and I think for something that is a um more of a temporary type improvement to the street. It's not um a full constructed HMA street with curbon gutter um that we would typically see. We would suggest just acknowledging tonight that if it was approved that future special assessments um may be required for for future work on this. So, we'll open the public hearing. Close the public hearing.

Motion to approve a street improvement on 20th Avenue South to 22nd Avenue South at South 18th Street. Support. Roll call. Cos Dart. Yes. Cos. Yes. Council member Moore. Yes. Moving on to new business approval resolution number 2522. Site plan. City manager.

At the special planning commission meeting on October 27th, 2025. The commission approved a site plan for a temporary railroad tie processing facility located at 2172 North 30th Street. administration now requests city council approval for this site plan to enable the applicant to complete the permitting process with Eagle which is the Michigan Department of Energy, Great Lakes and Energy Environment Great Lakes Energy. Um Joey Walker with our planning our planning administrators here too. Um but I think this is pretty straightforward. Um a little unconventional that it's before the council. We don't normally approve a site plan. Um but I believe it's part 115 um of materials management regime in Michigan. Um that typically uh county materials management program would have jurisdiction over this. Um that doesn't exist. So then we have to take action on it. Um our purview is something similar to a site plan. Um which primarily comes down to land use. Um it's possible that there's a federal preeemption here given that it's in the railroad right ofway as it is. Um there's an argument that um we still have some jurisdiction which we would then look at the nearby zoning district which um actually allows uh I believe a railroad type processing facility or or something very similar to it. Um, so, you know, it makes sense to us that, um, if you're going to put it somewhere in the city, where else would it go? Um, it certainly fits the criteria. Um, as part of the Eagle permit, there is, um, air quality is something that's considered. Um, we did ask, uh, the company on a few items that may come up.

Um just knowing that, you know, there's going to be noise associated with grinding of these. Um and the operating hours are scheduled to be 7 to 4. Um they're saying there could be up to about 500 meters if there was no physical barrier that you could maybe feel, you know, some sort of vibration or or hear it. Um but u the noise level would be comparable to what they described as u truck traffic or construction activities. Um so it is about 500 meters from most properties. It might be slightly closer um to some of the properties along Dan or the landfill road. U but there are some trees in there as well. Um so it's not exactly without physical barrier. Um and the big thing was dust. Um which they do have a a dust control plan. Um and that is something that will be regulated under the eagle permit.

Also just if you want to add to Jim u what was the consensus of the planning commission when it went before them? Uh I'll look to Mr. Walker on that. I believe it was a unanimous recommendation. Um but he might have some insight on this.

Thank you. Uh yes, it was unanimous. Um there wasn't a lot of discussion from the planning m commission partially because it's in the railroad right away. Generally that wouldn't be our jurisdiction. Like Jim said, there's an argument we still have some there, but it is surrounded by our more industrial uh oriented zones. So it's not much of a concern with its location. So, we really don't have a liability here because it is railroad right or do we? That's above my head. I I'm just curious if we have that liability or it's the railroad that's going to have that liability.

I think we maybe have some responsibility under part 115 um to be somewhat regulatory here. Um but I think um you know certainly if there are issues it's something that we will intervene the best we can um and of course work with Eagle to resolve any of those issues that came up on under their jurisdiction.

Okay. Um I too reached out to the project management company um did address concerns of possible dust concern. They did assure me that they've uh have a misting system prior and then they do have a water system to take care of the mitigation of dust. Um the environmental side of course is controlled by Eagle. So Eagle would make sure that that is regulatory on the environmental concerns uh on that side. Um and they they are working with Eagle of course on that side. Um noise of course very similar. They can only give me an estimation. It's standard construction noise within a radius. Um it is a a railway and it's going to have noise. So um I did reach out to them as well. So I confirm what you say.

I move for approval. I will second the resolution number 25-22. Roll call. Certh. Yes. Councor Dubour. Yes. Core. Yes. Approval resolution number 2523 resolution approving the MISLF loan. City manager

administration is seeking city council approval of a resolution to approve and verify the dedicated source of repayment for the Michigan safeguarding tomorrow revolving loan fund um mlf. Um this project has been before council a few times. I think when we applied for the loan, we were maybe when we applied for the grant as well. Um the grant we're still awaiting final final FEMA approval. Um it's about a 75% grant. The loan would be our nonfederal match which um we will have Brownfield TIF as a repayment source for that as well. Um but in the end, even without brownfield tiff, um getting a low interest loan to match a 75% grant is a pretty big deal and um you know is is necessary work not only for the um storm water in in this district of town. Um we do need upsizing and u we have to move uh so the hotel can start construction and they are eager to get going yet. So, um really good opportunity and our our resolution um the I think the most important part of it um just talks about how whether it's our street funds, our general fund or tiff revenues, we do have funds that can repay this loan.

I hate to ask you again, Jim, but could you elaborate a little bit more on the use of this for the citizens understand the project, I guess, a little bit more? uh just add a little bit more detail or substance to this.

Yeah. So, we um when we went through all the way back to um selling the property, the jail property, um it became apparent that the outfall that goes all the way from the water uh from the east crossing the property to the west and then runs up First Avenue uh north here. um had to be moved uh for construction to happen. Um so we had a plan to use Brownfield TIF to to reimburse us for that. Um fortunately uh several things have worked out um with a blade elimination grant and other brownfield grants to do other work. Um so so tiff is looking very attractive. Um, at the same time when we were doing our Letington Street work, we had a finding study and it showed that we needed a 10-ft box culvert down Letington Street to handle all the storm water. And certainly there wasn't room underneath Lington Street uh to build something like that. So, we did plan several upgrades up Lington with uh two 48 inch storm sewers and uh that is is very good capacity, but it still chokes down here at the lake. Um so, we did upgrade one outfall um across or right next to the municipal dock. This would be phase two of work um which would be upgrading this outfall. Um we already have our joint Eagle and Army Corps permit. Um we're just waiting on um administration alone and uh FEMA approval of the grant which both uh Michigan State Police, the administrator of the grant um and myself, we both feel like we have a very good chance at it. Um so we feel good and and if for some reason the grant

fell through, uh they have mentioned that they'll work with us on uh finding ways to to get the project done here. Thank you, Mr. McNeel. I will approve resolution number motion to approve resolution number 25-23. Roll call. Council Dour. Yes. Council Flop. Yes. More. Yes.

Approval of special event application. Christmas tree lighting. Administration is seeking city council approval of a special event application submitted by the downtown development authority to close South 11th Street from Letington Street to the alley to host the Christmas tree lighting event on November 25th, 2025. Administration recommends approval of the request contingent upon the following conditions. that proper proper insurance be provided naming the city of Eskanaba as an additional insured and event sponsors provide all labor and materials for cleanup at the conclusion of the event. Motion to approve support. All in favor? I I

approval special event application Christmas parade. Administration is seeking city council approval for a special event application submitted by the downtown development authority to close Letington Street from Fifth Street to Stevenson Avenue and on Stevenson Avenue from Letington Street to 1st Avenue North to host the Christmas parade on December 5th, 2025. Administration recommends approval with the following conditions the same as proper insurance and cleanup at the end of the event. So move approval. Second. Judy, did you want to change or add anything to the route that we were given or?

No, other than we're concentrating more staging on the first. Okay, perfect. Thank you. All in favor? I first reading of ordinance number 1315 residential C ordinance of 2025 and setting the date of Thursday December 4th, 2025 for the second reading public hearing and adoption planning and zoning.

Administration is requesting city council to consider this the first reading of ordinance number 1315, residential C ordinance of 2025. administration is requesting that city council set December 4th, 2025 for the second reading, public hearing and adoption of ordinance number 1315. Um, planning commission recommended this to us and we knew it was coming um with the land sale uh for the condominium development. Um, very easy reszoning. Um, the nearby property is C multifamily. So, it would just be adjusting those lines to include this property, which um would make um that development an allowed use. And um given that this is just setting the public hearing

um our public notice will go out and um certainly that'll be a time to um for residents to come in and and talk about this motion to go ahead and schedule the uh second reading for December 4th, 2025. Support roll call. Yes. Yes. Counc.

Yes. We have no appointments, but I do want to mention that there are some vacancies. We have a vacancy on the board of library trustees, one on the historic preservation commission, one on the housing commission, and the zoning board of appeals. So, if you have any expertise or interest in these boards, we're always looking for people that want to make a difference in the community. Okay. Any board or commission reports? I have none at this time. I have none at this time either. Okay. General public comment.

Hi, Judy Shreder. You all know me by now. I just wanted to thank you for uh being on council. Thank you for your service. and announcements. I guess the spotlight's on our clerk.

Yeah, I just wanted to uh give a comment on how our election went on Tuesday. It went uh really well. Um we had a roughly 16% turnout. That's including um absentee uh voting. We had um 1660 people cast their vote. So with that's including absentee and in person. Um like to thank my uh election inspectors. They did a fantastic job. Um went like seamlessly which was outstanding. Um and of course like to thank Tammy Wiser, our deputy clerk for her amazing talent at uh elections and all her hard work. The other announcement I have is um the Eskanaba Eskimos football team is going into the playoffs. Their game is on Friday at 7 p.m. against Big Rapids. So, please get down there and support them or cheer them on as best we can. Um make sure um the county is going through their master plan right now and there is a survey. Um you can find that a link to it on the county website. Uh, and you can also find it on the CUPAD website. Um, so CU PP A, I think that's actually the website um that the survey is on. So make sure um as a city resident or county resident watching um make sure you go and take that.

Okay. Um, we need a motion to go into close session. Um, I'll make a motion to go into recess for five minutes to get set and then go back into open support.

Thank you everybody. Greg, are you there? Can you hear me?

Motion to come out of recess and back into open session. Support. All in favor? I make a motion. Go ahead. No, you got it. We go back into we go into close session. moving to go to close session to discuss the city's attorney litigation strategy independent lawsuit of Connor Sodman versus city of Eskanaba and Cole of TNN case number 24-25601 pursuant to MCL 15.268E as a discussion on the open record. Um this will be attorneying client privilege under the MCL 15.2431G and MCL 15.268HH

support. Nice job. Do you have to do a roll call? Roll call. Uh, council Dour. Yes. Councilor Flaw. Yes. Council Moore. Yes. Okay. Hold on tight while we go into close session Here.

session. Let me just redo it. Yes. Motion to come out of close session. Go into open session. Support. Roll call. Council Dubour. Yes. Council Flaw. Yes. Council Moore. Yes. Um, no decisions were made during close session at this time. I do want to make a motion. I hereby move to accept the recommendation from council in the case of Connor Sodman versus city of Eskanaba and Cole TNN case number 24-25601-N and support. Roll call. Council Dart. Yes. Counc.

Yes. Council Moore. Yes. Motion to adjurnn. I'll make a motion to adjurnn. Oh, sorry. Saturday, Friday. Oh, they had it posted online. Sorry. I appreciate Saturday at 1 is the game for the ESAB Eskimos. Go support them. Thank you. Did we have a motion for adjournment? Motion to adjurnn and support. Thank you. Have a good night. Thank you.