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A regular meeting of the Council for the City of Crystal Falls was held in the Council Chambers of the City Hall on Monday, June 9, 2003, at 4:30 P.M. Central Time. Roll call: Mayor Sabo, Councilors Hendrickson, Koszyk, Thrasher, and Benda. Also Present: City Manager, City Attorney, City Clerk and various citizens of the community. Mayor Sabo led all present in reciting the Pledge of Allegiance. The minutes of the regular meeting of May 12, 2003 were approved as written. Mayor Sabo called for amendments to the agenda of which there were none. Mayor Sabo presented Ray West, 2003 Citizen of the Year, with a plague of recognition from the City of Crystal Falls. There was no representation from the DDA present to give a report. Mayor Sabo temporarily adjourned the regular meeting to a Public Hearing of the Zoning Board of Appeals for the consideration of a variance request from Michelle and Gary Turner. Meeting adjourned at 4:34 p.m. Meeting reconvened at 4:37 p.m. Mark Agnessi reported on the progress of the Manor Marketing project. He noted the approval of the MEDC Marketing Study Grant. Councilor Thrasher seconded by Councilor Benda moved to authorize City Manager Nordeman to sign the MEDC Marketing Study Grant offer. Motion carried. Councilor Koszyk seconded by Councilor Hendrickson moved to adopt the following resolution to join the Upper Peninsula Public Power Agency: RESOLUTION OF CITY OF CRYSTAL FALLS The Council of the City of Crystal Falls, County of Iron, Michigan, at a meeting duly held on the 9th day of June, 2003, by this written instrument hereby takes the actions set forth below on behalf of the City. WHEREAS, by Resolution dated March 10, 2003, this governing body determined it to be in the best interest of this municipality to join the Upper Peninsula Public Power Agency ("UPPPA"), and resolved to work toward adopting Articles of Incorporation and By-Laws for the UPPPA; WHEREAS, On March 10, 2003, this governing body adopted the UPPPA Articles of Incorporation, which have been published and filed in accordance with the Michigan Energy Employment Act of 1976, as amended (MCL §460.801 et seq.) (the "Act"); WHEREAS, this governing body has received and reviewed the proposed By-Laws of the UPPPA more than thirty (30) days prior to the date of this Resolution; WHEREAS, the UPPPA Article of Incorporation require this governing body to appoint one (1) commissioner to serve on the Board of Commissioners of the UPPPA and to enact its By-Laws on behalf of this municipality; WHEREAS, the transmission-dependent electric utility of this municipality ("Utility) is a party to a certain Settlement Agreement with American Transmission Company LLC ("ATCLLC"), dated November 19, 2001, in which the Utility was granted an option to purchase a membership interest in ATCLLC and an option to purchase Class A Common Stock in ATC Management, Inc., at a purchase price described in the Settlement Agreement; WHEREAS, after exercise of the options to purchase interests in ATCLLC and ATC Management, Inc., the Settlement Agreement requires payment of the purchase price via cash funds; WHEREAS, the Settlement Agreement authorized this Utility to purchase a maximum of 8,028 ATCLLC "membership units" (with proportionate options to purchase common stock in ATC Management, Inc, at $10.00 per share). The purchase price for 8,028 ATCLLC membership units in November 2001 was $93,366.00; however, the actual amount of the purchase price will not be determined until the month-end preceding the closing date of the purchase of the ATCLLC membership units, as described in the Settlement Agreement; WHEREAS, Article 1.11 of the Settlement Agreement provides that the options to purchase interest in ATCLLC and ATC Management, Inc. granted to the Utility may be exercised or performed by a joint action agency designated to act on behalf of the Utility; WHEREAS, the UPPPA is a joint action agency incorporated under the Act, and membership in ATCLLC and ownership of ATC Management, Inc. is a Project (as defined by the Act) appropriately undertaken by the UPPPA; NOW, THEREFORE, BE IT RESOLVED: Charles Nordeman is hereby appointed commissioner to serve on the Board of Commissioners of the UPPPA and to enact its By-Laws on behalf of this municipality. Charles Nordeman shall serve at the pleasure of the Council of the City of Crystal Falls. The UPPPA is hereby designated to exercise and perform the Utility’s option to purchase Class A Common Stock in ATC Management, Inc. created by that certain Settlement Agreement dated November 19, 2001, effective the date of this Resolution through and including December 31, 2003. Cash funds shall be contributed by this municipality to the UPPPA in amounts necessary to exercise and perform the Utility’s option to purchase a membership interest in ATCLLC and the Utility’s option to purchase Class A Common Stock in ATC Management, Inc. The purchase price per membership unit in ATCLLC shall be determined in accordance with Article 1.2 of the Settlement Agreement at the month-end preceding the closing date of the purchase. The purchase price per share in ATC Management, Inc. shall be $10.00 per share. All documents necessary to effect this contribution may be executed on behalf of this governing body and the Utility by the UPPPA commissioner appointed by this Resolution. Resolution adopted. Councilor Koszyk objected to City Council consideration of a quote from Nocerini Construction, Inc. for brickwork on the Crystal Theatre building. He noted that the Theatre Board should and would be taking care of this matter on their own. Mayor Sabo asked Councilor Koszyk to keep this Council informed of the Theatre Board’s decision regarding the matter. Councilor Koszyk seconded by Councilor Benda moved to formally adopt the annual Cost of Living adjustment and a merit plan increase (based upon Manager’s recommendation as to design and annual performance reviews) as detailed in the 2000 MML Wage and Classification Study of City employees. Motion carried. Councilor Benda seconded by Councilor Hendrickson moved to accept a proposal from Jamie’s Country Living for the planting of perennials around the sign located at the West entrance to the Industrial Park. Said planting will not exceed $500.00. Motion carried. Councilor Koszyk seconded by Councilor Hendrickson moved to approve the request of the City Employees Organization (CEO) for a thirty (30) day written notification prior to Council discussion/decision on any topic related to employee pay/benefits. Further that during the 30 day notification period, the City Manager and Council representative will be required to meet with representatives of the CEO a minimum of two times (if necessary) in order to resolve the pertinent issue(s) at hand. Motion carried. Councilor Hendrickson seconded by Councilor Benda moved to approve a "Contract for Right of Entry to Drill Exploratory Wells with Option and Offer to Purchase Real Property" with Douglas and Annette Wagner of 116 N. Timberline Trail, Crystal Falls, Michigan. Motion carried.
Councilor Hendrickson seconded by Councilor Benda moved to change the following sections of the "Rules of Procedure for Council Section 1, 1. Regular Meetings. The second sentence shall now read: "Council meetings shall conclude no later than 6:30 p.m., subject to extension by the council." Section 2, 3. Agenda Distribution. The first sentence shall now read: "The agenda will be prepared and delivered along with all supporting documents to the Councilors on the Tuesday prior to the regular Council meeting." Section 4, 1. Discussion and voting. The last sentence of the last paragraph shall now read: "If 50% or more of the members present vote "aye", the ruling of the presiding officer is sustained; otherwise it is overruled. Motion carried. Dan Graff, representing the Crystal Falls Fire Department, thanked the City Council for placing an ad in the tournament book. He also presented the Council with the tournament schedule and several requests from the department. Councilor Hendrickson seconded by Councilor Thrasher moved to approve the following requests of the Fire Department for the U. P. Fireman’s Tournament in Crystal Falls on July 24th – July 26th: The closure of streets including; the parade route, 3rd Street from Superior Avenue to Michigan Avenue, part of Marquette Avenue from west of 2nd Street to East of 4th Street, and the alley between 4th and 2nd Streets. The relaxation of enforcement of the City’s Noise Ordinance on Thursday, July 24th and Friday, July 25th until 12:30 a.m. To allow overnight parking on Superior Avenue on Thursday, July 24th, and Friday, July 25th, to avoid tickets to people unaware of the parking ordinance. Motion carried.
Manager Nordeman announced that a new car wash is to be erected in the City along Crystal Avenue near Park Street. Mike Gatzow of STS Consultants advised the Council on the progress of the North 6th Street Culvert Replacement Project. He noted that the bids on the project will be opened on June 27th and a recommendation to the Council will be prepared for the July Council meeting. Manager Nordeman advised of the receipt of Statements of Qualifications from several engineering firms regarding the Water Infrastructure Project. Mayor Sabo appointed a committee consisting of Councilor Thrasher, Manager Nordeman, and himself to interview engineering firms and bring a recommendation back to the Council at the July meeting. Councilor Koszyk seconded by Councilor Benda moved to authorize Manager Nordeman and Mechanic Bicigo to proceed with the purchase a refurbished sewer-cleaning machine as is in the best interest of the City but not to exceed $69,800.00. Councilor Hendrickson seconded by Councilor Thrasher moved that payrolls and disbursements in the amount of $273,988.13 for the month of May 2003 be approved, and the City Clerk be instructed to draw checks on the City Treasury in payment of same. Motion carried. Councilor Thrasher seconded by Councilor Benda, moved to accept the following reports for the month of May 2003: Police Chief’s report indicating 156 complaints, 14 of which were closed by arrest and 3,120 patrolled miles. Joint Fire Authority report submitted by Fire Chief John Ahola indicating answering 1 fire call; spending approximately 13.5 man-hours fighting fires; and holding 1 practice and training session. Chief Electrician’s report of department activities. Public Work foreman’s report on department activities. Motion carried. Mayor Sabo advised the Council of the change in the audit committee with Councilor Benda and himself serving for the next quarter.
Councilor Thrasher appealed to the Council and the public to attend the upcoming fireman’s tournament in July noting it is a great family event. Councilor Hendrickson commended the City work crews for a "Job well done" on the spring cleanup of Evergreen Memorial Cemetery prior to the annual Memorial Day celebration. There being no further business to come before the Council, meeting adjourned at 6:04 p.m.
PRESIDING OFFICER_________________________ PRESIDING CLERK _________________________ |
