A special meeting of the Council for the City of Crystal Falls was held in the Council Chamber of the City Hall on Wednesday, September 25, 2002 at 8:00 p. m. Central Time.

Present: Councilors Hendrickson, Thrasher, Benda and Lind.

Absent: Mayor Nylund

Also present were City Manager Nordeman, City Clerk Olson, and City Attorney Lawrence.

The purpose of this special meeting was to discuss an oversight in the most recent appointment of Planning Commissioners and to conduct a closed session pursuant to P.A. 1976, No. 267, The Open Meeting Act, Section 15.268(e) to consult with attorney settlement strategy regarding the ongoing "Oberstar v City of Crystal Falls" litigation.

Councilor Hendrickson chaired the meeting in the absence of Mayor Nylund and led all present in the Pledge of Allegiance.

Councilor Hendrickson summarized the oversight in the planning commission appointments of Donald Boulanger and Kristine Coopman noting that the Planning Act 285 of 1931, 125.33 Section 3(2) states that "An appointed member shall not hold another municipal office except that 1 appointed member may be a member of the zoning board of adjustment or appeals or a member of a joint fire administrative board." As both Boulanger and Coopman are members of the Board of Review, they are not eligible to also serve on the Planning Commission.

Attorney Lawrence advised it is his opinion that the two appointees need to make a decision and resign from one board or the other and that they should be given the opportunity to do so before the Council takes any action on the matter, and, in fact, Clerk Olson has advised each appointee of the need for them to do so in a letter dated September 19^th.

A lengthy debate on the appointments ensued.

Appointee Donald Boulanger was in attendance, however, he refused to make any comment that would become part of the minutes.

Councilor Lind supported by Councilor Thrasher moved to recess the meeting for 10 minutes.

Motion carried.

Meeting recessed at 8:20 p.m.

Meeting reconvened at 8:30 p.m.

Councilor Benda moved to direct Attorney Lawrence to draft a letter to each of the appointees advising them of a deadline of October 7^, 2002 to submit a resignation from either the Board of Review or the Planning Commission.

This motion died for lack of a second.

Councilor Benda moved to revisit the September 9^th motion that made the Planning Commission appointments at the October 14^th meeting of the Council during a Public Hearing.

This motion died for lack of a second.

Councilor Lind supported by Councilor Benda moved to direct Attorney Lawrence to draft the correspondence needed to settle the Planning Commission oversight by the October 14^th City Council meeting.

Ayes: Councilors Lind and Benda

Nays: Councilors Thrasher and Hendrickson

Motion defeated for lack of a majority.

Attorney Lawrence advised the need to conduct a public hearing for the removal of appointees to the Planning Commission. He suggested the public hearing be advertised and conducted at the October 14^th council meeting at which time Boulanger and Coopman will be removed from the Planning Commission if they have not resigned from the Board of Review. Clerk Olson will see that this public hearing noticed and included on the October 14^th agenda.

Councilor Hendrickson supported by Councilor Benda moved to temporarily adjourn and move into closed session to discuss settlement strategy in the "Oberstar v City of Crystal Falls" litigation.

Motion carried.

Meeting adjourned at 9:25 p.m.

Meeting reconvened at 10:04 p.m.

There being no other items on the agenda, the meeting was adjourned at 10:05 p.m.