Saturday, Sunday, September 30 - October 1, 2023
6A The Mining Journal
Region
A corroded
H-pile, part of
the structural
Houghton OKs
settlement with
Walmart over suit
foundation for the
Lakeshore Drive
parking deck, sits
in the Houghton
City Council cham-
bers Wednesday
night. Houghton
City Manager Eric
Waara presented
the piece as a
Council approves
deal this week
visual example
of the decay
observed in a U.P.
Engineers & Ar-
chitects report on
the deck. (Hough-
ton Daily Mining
Gazette photo)
By Houghton Daily
Mining Gazette staff
HOUGHTON
Houghton’s battle with
Walmart over taxes is
nearing an end.
sought was below that
amount. The settlement
on the Tax Tribunal case
reached in June retro-
actively adjusted the
2018 taxable value to
$2,354,975 — slightly
more than half what it had
been.
—
The Houghton City
Council
approved
Wednesday
settlement
a
agreement with Walmart
regarding the city’s civil
suit in U.S. District Court.
The settlement lays out
the terms of a new service
agreement with Walmart
that will replace the de-
velopment agreement it
made with the city upon
expanding to a Supercen-
ter in 2004.
“Based on discussions
with our attorneys and
assessor and working to-
gether with them on this
for more than a year, it’s
my recommendation the
council approve this ser-
vice agreement to settle
the matter,” City Manager
Eric Waara said.
Under the new service
agreement, Houghton will
continue to provide envi-
ronmental monitoring ser-
vice, as required under the
Department of Environ-
mental Quality permit for
construction around the
Huron Creek wetlands.
The city also agreed to
continue providing mu-
nicipal bus service to and
from Walmart.
The new agreement
also includes an annu-
al $40,000 service fee
Walmart will pay to
Houghton for the services
it provides. That fee will
also be applied retroac-
tively to each year since
2018, when Walmart
began trying to lower its
property taxes.
The fee is not a proper-
ty tax, but will go back to
the city’s Tax Increment
Finance Authority district
on advice of the city’s at-
torney, Waara said.
Future property tax
agreements with Walmart
are also regulated by the
agreement. It will not
contest true cash, assessed
or taxable values in a year
where its taxable value
does not increase by more
than 4%.
Report notes Lakeshore Drive
In
2018,
Walmart
deck condition before demolition
sought to lower its tax val-
uation through the Michi-
gan Tax Tribunal, making
the “dark store” argument
that its value should be
based on that of the emp-
ty building, based on the
likely difficulty of finding
another buyer if the store
closed.
The case was put on
hold after the Father’s
Day Flood, but picked up
again this year. The two
sides eventually reached
an agreement in June pri-
or to a scheduled hearing.
Earlier this year, the city
also sued Walmart in fed-
eral court alleging it had
violated the terms of the
2004 development agree-
ment.
By Houghton Daily
witnessed during demo-
lition provided clear ev-
The idence that failure was
keep the concrete togeth- when it would have been
er, had lost all or most of easier to take the deck
their tension by the time down, he said Wednesday.
the deck came down, the The answer: “Ten years
Mining Gazette staff
HOUGHTON
—
thinned-out, pockmarked eventual without exten-
H-pile beam would look sive rehabilitation of the
unexceptional in a junk- deck structure,” the re-
yard. At its spot near the port said.
Houghton City Council
dais Wednesday night, it rowed time,” Houghton
looked out of place.
City Manager Eric Waara
report said.
Many subsurface columns
ago.”
“It was time, and I guess
and steel connection plates this is a bit of validation
had also corroded, the re- for all the discussion and
port said. Those include the the debate that took place
H-pile unearthed during the at the Planning Commis-
The deck was on “bor-
In the spot it had been for said Wednesday. Accord-
the previous 45 years, help- ing to the report, decks in
ing keep up the Lakeshore comparable northern cli-
Drive parking deck, it was mates typically have a ser-
many similar pieces being vice life of 40 to 50 years.
corroded by the elements But the deck’s expected
and nearing the end of their service life had been con-
useful life — and by exten- siderably shorter.
demolition.
sion, the subcommittee, in
Crews had to stabilize the this chamber about why we
deck before tearing it down. needed to take it down,”
To stop the frame from Waara said. “I know a lot of
swaying, they welded large people didn’t want to take it
beams in place to brace the down. I didn’t want to have
If it does, Walmart can
a
take
dollar-for-dollar
frame.
to take it down. But I also
credit against the annual
service fee for every dol-
lar above 4%, or file an
appeal with the Tax Tri-
bunal.
The agreement also lays
out procedures for the two
sides to resolve disputes
about the taxable value,
including a meeting be-
tween the two sides and
arbitration.
Similar procedure will
be in place if Walmart’s
tax liability exceeds 4%.
After the council’s ap-
proval Wednesday, the
city’s attorneys will file to
dismiss the court case.
Other parts of the deck didn’t want us to end up
also saw damage. At the on the front page of every
parapet walls, water infil- newspaper in the Midwest
tration had made it possi- because ‘Small Michigan
ble to remove the bricks town suffers (insert disaster
by band. In the wait tow- here)’. And that’s the rea-
er, parts of the stair pan son why right there.”
sion, the deck’s.
The main culprit: deic-
U.P. Engineers & Ar- ing chemicals, particularly
chitects compiled a report salt. Testing in 1999 found
with observations and find- chloride had gotten up to
ings from demolition of the 3 inches inside the decks,
deck. It is available on the which in most places were
In that agreement, the
city agreed to transfer
property, conduct cap-
ital and public service
improvements, and also
city’s website.
UPEA’s nine-page report
only 5 inches thick.
Though the city stopped
were so corroded they
fell off.
The full report can be
found at cityofhoughton.
provide
environmental
found the condition of the using salt, the existing chlo-
deck observed during its ride continued penetrating
demolition supported the the deck over the next 24
council’s decision to tear it years, the report said.
Waara had asked one com/lakeshore-drive-rede-
of the project supervisors velopment.
services, such as envi-
ronmental monitoring in
perpetuity. In exchange,
Walmart agreed to a prop-
erty tax increase of at
least $1.95 million, which
brought it to more than
$4.5 million in 2005.
PUBLIC HEARING - CITY OF NEGAUNEE
DOWNTOWN DEVELOPMENT
down.
The salts and moisture
“While one cannot spec- from the freeze-thaw cycle
ulate if a catastrophic fail- went through the concrete
ure was imminent, the past to the steel undergirding it.
ORDINANCE AMENDMENT 30.05
There will be a Public Hearing on Thursday October
12, 2023 at 6:30 p.m. at the Negaunee Senior
Center, 410 Jackson St, Negaunee, Michigan to
secure citizen input regarding an amendment to
Ordinance 30.05 Downtown Development Authority.
To view please visit our website at:
documented safety hazards
About 50% of the post
and structural deterioration tensioning strands, which
The amount Walmart
Vivid fall colors draw many to region
Daily Press staff
By Escanaba
a handful of the U.P.’s 300 may be seen as another peak owned the Woodlands Mo-
waterfalls, is also said to of the tourist season that is tel in Iron Mountain for a
ESCANABA — In addi-
tion to being surrounded by
three Great Lakes, the Up-
per Peninsula is graced with
thick forests of various spe-
cies of trees, whose seasonal
changes make for displays
that draw visitors in search of
beautiful autumn color tours.
While particular locations
— like Tahquamenon Falls,
Lake of the Clouds, Fay-
ette, Pictured Rocks, and the
other usual suspects — of
course become destinations
for many, some of the most
appreciated landscapes are
viewed through windshields
as drivers and passengers
gape at the foliage along
county roads.
“With (Lakes) Superior,
Michigan, and Huron —
that causes majestic over-
looks in contrast to rocks
and water and all sorts of
things. But they really also
like to cruise in and out of,
you know, roads and even
some of the highways,” said
Tom Nemacheck, executive
director of the Upper Penin-
sula Travel and Recreation
Association. “A lot of it is
centered around the vistas
around the Great Lakes. …
The other way to look at the
inland road situation is the
vistas around waterfalls and
inland lakes … It’s, again,
more up close and personal
than some of the, you know,
vast distances.”
boast gorgeous scenes.
As visitors and residents
no longer limited to summer. few months shy of 40 years.
“Usually a little bit of a
“Towards the last few — I
PUBLIC HEARING - CITY OF NEGAUNEE
2024 CITY BUDGET
“venture out into every nook lull around Labor Day, and would say even the last five
and cranny, looking for that then it seems to pick back to 10….. years, we always
particular look,” (Nema- up again,” reported John experienced a little spike,
check’s words), the entire Gaudette, who, along with and it was the fall color tour
U.P. experiences a boom that his wife Beverly (“Bev”), season,” said Bev.
There will be a Public Hearing on Thursday
October 12, 2023 at 6:30 p.m. at the Negaunee
Senior Center, 410 Jackson St, Negaunee,
Michigan to secure citizen input regarding the
2024 City Budget. To view the 2024 proposed
City Budget please visit our website at:
Department of Labor and Economic Opportunity
Michigan Rehabilitation Services (MRS)
Administrative Rules for the State of Michigan Public Vocational Rehabilitation Program
NOTICE OF PUBLIC HEARING
Wednesday, October 18, 2023
1:00 PM
1048 Pierpont Street, Suite 6, Conference Room A
Lansing, MI 48913
FORSYTH TOWNSHIP
ZONING BOARD OF APPEALS
NOTICE OF A PUBLIC MEETING
Michigan Rehabilitation Services (MRS), an agency of the Department of Labor and Economic
Opportunity, will hold a public hearing to receive public comments on proposed changes to
administrative rules. Changes include amending R 395.51, R 395.53, R 395.54, R 395.76, and
R 395.79 and rescinding R 395.83 of the Michigan Administrative Code.
PLEASE BE NOTIFIED THAT there will be a public hearing
of the Forsyth Township Zoning Board of Appeals on October
18, 2023, at 7:00 P.M., at the Gwinn Clubhouse, 165 N. Maple
Street, Forsyth Township, Marquette County, Michigan.
13-23 Jeffrey Noble, Parcel Number 52-05-056-029-10, 900
Bilsky Lake Lane, Gwinn MI, is requesting a variance to
construct a 10 X 16 Shed closer to the rear lot line than the
ordinance allows on a nonconforming lot in the Lake Residential
Zoning District.
Michigan Rehabilitation Services (MRS) administrative rules are being amended to update
definitions to align with federal regulations and provide clarity, modify the general requirements
nondiscrimination statement, capture the agency’s process for developing a fee schedule for
standardized rates of payment, and to bring the rules into conformity with current practice
regarding post-employment services.
14-23 Nick Graham, Parcel Number 52-05-308-010-00, 154
Elm Street, Gwinn, MI, is requesting a Class “A” Nonconforming
Designation for an existing home which is closer to the front lot
line than the Ordinance Allows. And for a nonconforming lot of
record.
(By authority conferred on the director of the department of labor and economic opportunity by
sections 2a and 2b of the proprietary schools act, 1943 PA 148, MCL 395.102a and 395.102b,
and sections 3, 4, and 6 of the rehabilitation act of 1964, 1964 PA 232, MCL 395.83, 395.84, and
395.86; Executive Reorganization Order Nos. 1999-1, 2003-1, 2012-5, and 2019-3, MCL 408.40,
445.2011, 445.2033, and 125.1998; and in accord with the workforce innovation and opportunity
act, Public Law 113-128.)
**********************************************************************
Anyone wishing to give testimony will be given an opportunity
to be heard. Written testimony will be accepted at the Forsyth
Township Office during regular business hours or by mail (P.O.
Box 1360, Gwinn) until the date of the hearing.
The proposed rules will be published in the 10/15/2023 issue of the Michigan Register and will
take effect immediately after filing with the Secretary of State.
This notice is posted in compliance with PA 267 of 1976 as
amended (Open Meetings Act), MCLA 41.72a (2) (3) and the
Americans with Disabilities Act (ADA).
To submit a public comment or request a copy of the proposed rules, contact Tyler Gross at
GrossT@michigan.gov or mail comments to “Michigan Rehabilitation Services, 1F, 320 S.
Walnut St., Lansing, MI 48933”. TTY users may dial 711 and provide the relay operator with the
toll-free number: 1-800-605-6722. All comments must be received by MRS prior to 5pm EST on
10/18/2023. Public comment can also be made in-person at the time of the public hearing.
Federal Forest Highway
13, U.S. 141, and Up-
per Pine Creek Road were
among favorite routes cited
by residents of the central
and western U.P. Black Riv-
er National Scenic Byway,
which takes travelers past
The Forsyth Township Board will provide necessary reasonable
auxiliary aids, and services, such as signers for the hearing
impaired and audio tapes of printed materials being considered
at the meeting, to individuals with disabilities at the meeting or
public hearing upon 10 days’ notice to the Township Board.
To view the text of the Proposed Rules, Request for Rulemaking, Regulatory Impact Statement,
and Notice of Public Hearing, please visit:
Maurene Hakes
Zoning Administrator
