OCT 10,2005

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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, October 10, 2005, at 5:00 P.M. Central Time.

Roll Call: Mayor Hendrickson, Councilors Heikkinen, Thrasher, Valesano, and Stachowicz.

Absent: None

Also Present: City Manager Nordeman, City Attorney Lawrence, City Clerk/Treasurer Olson, and various citizens.

Mayor Hendrickson led the reciting of the Pledge of Allegiance.

Councilor Heikkinen called for a "Point of Order" regarding the minutes of the Council meeting held on September 12, 2005. She stated that the following motion contained two (2) issues when it should have contained only one (1): "Mayor Hendrickson seconded by Councilor Stachowicz moved to approve the request from Charles Nordeman, City Manager, for a pay increase of 3.2% plus a $100.00/month increase in his car allowance for the fiscal year 2005-2006." Mayor Hendrickson agreed that the motion did contain two (2) issues and a motion should only address one (1) issue at a time and therefore declared the motion made at the September 12, 2005 meeting as "Null and Void" and Clerk Olson was directed to make a note in the September 12, 2005 minutes reflecting such. Councilor Stachowicz seconded by Councilor Thrasher moved that the minutes of the regular meeting of September 12, 2005 be approved as amended.

Motion carried.

Mayor Hendrickson amended the agenda to include the following two (2) issues under the heading of "Unfinished Business" as Items A. and B. and to shift all other items to follow: A. City Manager’s pay request for the 2005-2006 fiscal year, and, B. City Manager’s request for an additional $100/month car allowance for the 2005-2006 fiscal year. There were no other amendments to the agenda.

Nancy Roberts representing U.P. Engineers & Architects advised the Council that her firm has been hired by the Michigan Department of Transportation (MDOT) to design the "Streetscape Project". A suggestion that the DDA meetings be used to allow delegation of interested people to give input for the design was well received by Ms. Roberts.

John Moon voiced complaints about the cable system.

Linda Cain asked the Council for assistance with a sewer problem at her home on Harrison Avenue. Attorney Lawrence and Manager Nordeman were directed to look into the legal matters regarding this sewer problem and then contact the Cains with their findings.

Mayor Hendrickson reported on the Downtown Development Authority (DDA) meeting held earlier.

Councilor Valesano seconded by Councilor Heikkinen moved to accept the resignation of Gary Hough from the Downtown Development Authority.

Motion carried.

Councilor Heikkinen seconded by Councilor Stachowicz moved to approve the payment of a bill from MaryAnn Harrington for clerical support and postage for the DDA in the amount of $57.40.

Motion carried.

Councilor Heikkinen seconded by Councilor Thrasher moved to remove David Ponchaud from the Downtown Development Authority membership due to his three (3) unexcused absences.

Motion carried.

At 5:30 p.m. Mayor Hendrickson temporarily adjourned the regular session to meet as the Zoning Board of Appeals and hold a Public Hearing to consider the zoning variance request of Jeff Szanto.

Meeting reconvened at 5:40 p.m.

Mayor Hendrickson seconded by Councilor Thrasher moved to grant the variance request of Jeffrey Szantoof 609 Harding Street to allow for the construction of a non-conforming garage.

Ayes: Mayor Hendrickson, Councilors Heikkinen, Thrasher, and Valesano. Nays: Councilor Stachowicz.

Motion carried.

Councilor Thrasher seconded by Councilor Valesano moved to approve the pay increase of 3.2% for City Manager Nordeman for the fiscal year 2005 – 2006.

Motion carried.

Jeff Sjoquist of Coleman Engineering updated the Council regarding the water project.

Attorney Geoffrey Lawrence was called out of the meeting for a family emergency at 6:05 p.m.

Councilor Thrasher seconded by Councilor Heikkinen moved to add ESPN2 to the City’s cable system.

Motion carried.

Manager Nordeman advised the need to reconvene the Health Care Committee for the City in order to review health insurance options available to the City. Mayor Hendrickson agreed and directed Manager Nordeman to set up a meeting of the committee.

Councilor Heikkinen seconded by Councilor Valesano moved to approve the promotion of Tom Stachowicz to Step 5 of the position of Power Plant Chief effective with the first payroll of fiscal year 2005 – 2006.

Motion carried.

Discussion was had and action on the promotion of David Graff was postponed pending the attendance of Attorney Lawrence.

Mayor Hendrickson seconded by Councilor Valesano moved to approve a power line easement secured from Krist Oil Company.

Motion carried.

The Eurasian Milfoil infestation of Runkle Lake was discussed and Clerk Olson was advised to include this item on the November agenda for further discussion.

Councilor Thrasher seconded by Councilor Stachowicz moved to extend the meeting beyond the scheduled adjournment time.

Motion carried.

Councilor Stachowicz seconded by Councilor Valesano moved to approve a contract with Linda Howlett of Community Consulting Services for assistance with the revision of the city’s zoning ordinance in the amount of $5,525.00.

Motion carried.

Discussion and action regarding the proposed amendment to Ordinance 1.10 (City’s Authority to Convey Real Property) was postponed pending the attendance of Attorney Lawrence.

Mayor Hendrickson seconded by Councilor Valesano moved to approve the purchase of a tax receipting program, including support fees, from Manatron in the amount of $1,564.00.

Motion carried.

Councilor Thrasher seconded by Councilor Stachowicz moved to adopt the following resolution:

CRYSTAL FALLS CITY COUNCIL

RESOLUTION SUPPORTING LOCAL CONTROL

OF MUNICIPAL BROADBAND AND CABLE FRANCHISING

MUNICIPAL BROADBAND:

WHEREAS, cities have an interest in making available telecommunications technology which is beneficial to all businesses, economic development, municipal service provision, and all residents; and

WHEREAS, cities are developing programs and municipal broadband initiatives to offer high-speed and wireless internet to their citizens; and

WHEREAS, our city believes that internet services are an essential service that should be provided to all residents irrespective of age, race, education or income level, and

WHEREAS, the goal of these municipal broadband initiatives is to prepare cities and their workforce for the jobs and technology of tomorrow and enhance the ability to attract and retain high-tech jobs; and

WHEREAS, in many cases, Michigan urban and rural areas are underserved and uncompetitive, and in many cases the service is inadequate and unaffordable, and

WHEREAS, this is a local control issue and our residents should be able to request any essential service from their local government, and

WHEREAS, members of the legislature have made inaccurate claims that these municipal broadband initiatives are anti-competitive and has proposed a moratorium on wireless expansion in the State of Michigan in order to stall or derail municipal broadband projects.

CABLE FRACHISING:

WHEREAS, cities have a long and very successful history of supporting the introductions of cable services by the cable industry, a successful deployment made possible in large part by the current system of local cable franchising, and

WHEREAS, SBC and Verizon have been actively advocating across the country that local franchise agreements should be eliminated and replaced with a state-wide franchise agreements, and

WHEREAS, local government participation in cable franchising process ensures that all residents irrespective of age, race, education, or income level, receive the same service, and

WHEREAS, cities revenue sharing has been significantly reduced over the last few years, and franchise fee revenue assists cities in providing essential services, and

WHEREAS, franchise agreements assure that the public education channels are provided for the community, and

WHEREAS, a state-wide franchise system would deny consumers local resolution of problems, now

THEREFORE BE IT RESOLVED, that the Crystal Falls City Council hereby affirms its support for municipal broadband initiatives creating broadband wireless service.

BE IT FURTHER RESOLVED, that the Crystal Falls City Council is opposed to any effort by the State Legislature to place a moratorium or further limitations, on the expansion of municipal broadband in the State of Michigan,

BE IT FURTHER RESOLVED, that the Crystal Falls City Council hereby affirms opposition to a state-wide franchise agreement system.

BE IT FURTHER RESOLVED, that the Crystal Falls City Council hereby supports the current local cable franchise agreement system.

BE IT FURTHER RESOLVED, that the Crystal Falls City Clerk is to forward a copy of this adopted resolution to the Governor of Michigan, their state representative Richard Brown, their state senator Michael Prusi, the House Energy and Technology Committee, the Senate Technology & Energy Committee, and the Michigan Public Service Commission.

Resolution adopted.

Mayor Hendrickson seconded by Councilor Thrasher moved that the payrolls and disbursements in the amount of $420,576.23 for the month of September 2005 be approved, and the City Clerk is instructed to draw checks on the City Treasury in payment of same.

Motion carried.

Councilor Heikkinen seconded by Councilor Valesano, moved to accept the following reports for the month of September 2005:

Police Chief’s report indicating 162 complaints, 7 of which were closed by arrest and 2,563 patrolled miles.

Joint Fire Authority report submitted by Fire Chief John Ahola indicating answering 1 fire call; spending approximately 11 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 Hendrickson applauded the City crews involved in the Power Plant Open House held on October 1st for a job well done.

Mayor Hendrickson reminded all that the November meeting of the City Council will be held on November 7, 2005 at 5:00 p.m.

Councilor Thrasher seconded by Councilor Stachowicz moved to adjourn this meeting of the City Council.

Motion carried.

Meeting adjourned at 7:28 p.m.