Library, Skatepark & Water Main Are Central Issues at Commission Meeting

IRONWOOD, MI - Tuesday, September 29, 2009 - The Ironwood City Commission held a Public Hearing of the Board of Zoning Appeals at 5:20 PM yesterday evening. The purpose of the Public Hearing was to hear comment on a Dimensional Variance request from John and Patricia Alexandroni, 207 East Arch Street to allow a new garage addition to encroach on the rear lot line setback by 24.5 feet and allow a lot depth of 55 feet.

Community Development Director Dan Petersen highlighted the request to the Commission. He provided photos and drawings to demonstrate what the request involved.  He explained that the property involved has not yet been purchased by the Alexandroni's. They wanted to make certain that the variance would be approved before purchasing the property. He explained that the couple wished to build a new garage on the property, and they wanted to have the new structure align with the front of the house to make it more aesthetically pleasing. He explained that a variance would not be required if the garage were to be positioned closer to the street.

Commissioner Laabs asked where the entrance to the proposed garage would be. Petersen indicated that the garage door would be on Arch Street. Laabs then asked if any neighbors had any complaints, especially regarding snow off of the garage roof. Petersen told Laabs that the only comment he received was from Rita Franzoi, the current owner of the property, who indicated that the neighbor to the north of the property had no issues with the construction of the garage. Laabs explained that his concern would be if a metal roof were to be installed at the pitch proposed, it would shed snow approximately eight feet from the garage.

Pat Alexandroni addressed the Commission explaining that snow would not be an issue. Petersen asked Alexandroni which direction the ridge of the roof would go, to determine where the snow would fall. Dennis Hewitt told Petersen that the ridge would go east to west so the snow would shed onto the driveway. Laabs asked Alexandroni what kind of roof was going to be installed. She indicated that it would be three-tab asphalt shingles.

Noren then asked if there were any other comments from the Commission or the audience regarding the request. There were none, so the Public Hearing was closed.

After closing the hearing, Noren made a motion to grant the variance request. Gemma Lamb supported Noren's motion. By roll call vote, the Commission (Board of Zoning Appeals) unanimously approved variance request. Following the vote, the hearing was adjourned.

ROUTINE BUSINESS

A. Call to Order - The regular meeting of the City Commission was called to order by Mayor Noren at 5:30 PM, immediately following the Public Hearing. Noren asked the audience to stand as he recited the opening prayer. When the prayer was completed, the audience remained standing as they collectively recited the Pledge of Allegiance.

B. Recording of the Roll - City Clerk Karen Gullan recorded the roll. All five of the City Commissioners were present: Bob Burchell; Tom Laabs; Mayor Bruce Noren; Gemma Lamb and Suzanne Toth. City Staff attending the meeting included: City Manager Scott Erickson; City Attorney A. Dennis Cossi; City Clerk Karen Gullan; Community Development Director Dan Petersen; City Assessor/Building Inspector Dennis Hewitt; Utilities Manager Bob Tervonen; and serving as Sergeant-At-Arms, IPSD Officer Andrew DiGiorgio. Commissioner Candidates in attendance included: Louise Demasi; George Goerig; and Rick Semo. Representing the media at last night's meeting were: Ralph Ansami, Daily Globe; Arvo Toolanen, IronwoodInfo.com;  and yours truly.

C. Approval of the Consent Agenda - The consent agenda is a list of routine, mundane business matters that generally require no discussion. Generally, any Commissioner or citizen wishing to have an item moved to the Regular Agenda for discuss, has the right to do so. The Consent Agenda was unanimously approved, however, without objection.

By approving the Consent Agenda, the Commission voted to:

1. Approve the Minutes for the September 14th and September 18th City Commission meetings.

2. Review and Place on File

a. Gogebic Ontonagon Community Action Agency Meeting Minutes for August 20th.

b. Downtown Ironwood Development Authority (DIDA) Meeting Minutes of August 27th.

c. Pat O'Donnell Civic Center Special Meeting Minutes of July 22nd, August 5th, and August 10th.

3. Scheduled a Board of Zoning Appeals (BOZA) Public Hearing for Monday, October 12, 2009, at 5:15 P.M. to hear comment regarding a request from Dennis and Linda Raisenan for a dimensional variance for property located at 217 West Ayer Street (Parcel #27-52-22-314-150).

D. Receive and Place on File from the Finance Director - According the the Agenda, Finance Director Julie Frederickson was scheduled to present the monthly cash reports. Ms. Frederickson was not present at the meeting, however. Scott Erickson presented the documents to the Commission and they were receive and placed on file, as presented, by a unanimous vote of the Commission.

E. Approval of the Agenda - Mayor Noren asked City Manager Scott Erickson if he had any additions to the Agenda. Erickson indicated that he had none. Noren then asked if any of the Commissioners wished to speak under "Other Matters." None of the Commissioners expressed a desire to speak. Commissioner Lamb voted to approve the Agenda. Commissioner Burchell supported Lamb's motion. The Commission unanimously voted to approve the Agenda.

F. Citizens wishing to address the Commission on Items on the Agenda (Three Minute Limit) - When Mayor Noren asked if there were any citizens wishing to address the Commission on Agenda Items, the following people made the following requests: Commissioner Candidate Louise Demasi asked to speak on Item L; Steve Frank asked to speak on Item G; and Former Commissioner and City Employee John Kasieta asked to speak on Item V.

OLD BUSINESS

G. Siding Roofing & Garbage Ordinance - Consider adopting Ordinance No. 476, Book 4 and ordinance to amend the "Code of Ordinances, City of Ironwood, Michigan, Chapter 17 Nuisances, Section 17-1 (Entitled "Defined and Prohibits") by adding new definitions for Siding and Roofing and Section 17-67 (Entitled "Causes of Blight") by adding requirements for an approved form of siding, roofing, and to regulate curbside garbage.

Dan Petersen highlighted the ordinance and explained to the Commission that the Public Hearing on this Ordinance was held at the last regular meeting. Petersen indicated that he has not received any complaints or comments in his office regarding this issue since the Public Hearing. Petersen told the Commission that the Ordinance originated with the Blight Committee, and he asked if any of the Commissioners had any questions.

Commissioner Laabs asked Petersen if garbage left on the curbside had to be in a can or if it had to be in a bag. Petersen explained that anything over the two 33 gallon limit had to be in some sort of container and it would be required to have a City tag on it.

Commissioner Lamb asked if a City tag would take care of a third 33 gallon can or a third 33 gallon bag. Utilities Director Bob Tervonen told Lamb that any 33 gallon container would be acceptable, as long as everything over the 2 bag limit was tagged. He said a 33 gallon cardboard box could be used if necessary.

Steve Frank was then given an opportunity to address the Commission. He pointed out that the entire ordinance was at the "height of hypocrisy." He explained that he understood the goal of the siding and roofing ordinance. But he said at the last City Commission meeting he asked why the Commission was suddenly doing something about five blighted structures when nothing had been done previously. He said he was told that the City now had the money to raze the structures. 

Frank told the Commission that the condemnation paperwork contained sworn testimonies that stated that the properties were dangerous  structures -- 'a danger to the community" -- yet the City ignored years of complaints about the buildings stating that they didn't have the money to correct the problem.

Frank said when he asked if currently occupied, but blighted, homes would be "grand-fathered in" regarding this new ordinance, he was told that there were programs to help homeowners and that the City would work with them on a case-by-case basis.

"That scares me!" Frank said, "Because, let's be honest -- case-by-case basis means 'If we don't like you, we will go after you! If it's somebody we like, we will look the other way!' It happens already far too often in this City."

Frank went on to say, "Last winter, we went a weekend without running water in this town. I cannot believe we're going to go after someone whose home is wrapped in Tyvek."

Frank continued by saying there is house on Lowell Street that he'd assume the City would go after because it's been wrapped with plastic for years. He pointed out that the road in front of that house washes away with every rainstorm leave a six to seven inch deep trench across the width of the street.

"It's the height of hypocrisy to expect more out of the citizens of this town than what this town gives back to them!" Frank complained.

Mayor Noren thanked Frank for his comments. Noren then asked Petersen how long extra garbage left on the street would be allowed to stay there. Petersen indicated that it would have to be cleaned up within 24 hours. Petersen indicated that he believes the process would be complaint driven. He said he doesn't anticipate City staff going out checking for violations.  He said the Blight Enforcement Officer might file a complaint while in the course of his regular travels through town, however.

Commissioner Toth made a motion to adopt the Ordinance as presented. Commissioner Laabs supported Toth's motion. Without discussion, a roll call vote followed. The Commission approved the Ordinance by a vote of 4 to 1. Mayor Noren voted against approving the Ordinance.

NEW BUSINESS

H. Public Hazard/Nuisance - Discuss and consider adopting Resolution #09-039, a Resolution determining the property located at 449 West Ash Street (27-52-51-227-200) is a public hazard or nuisance and schedule a public hearing for October 12, 2009, at 5:20 PM.

Scott Erickson explained that the complaint prompting this Resolution was not based on the building structure. He said there have been a number of letters send to the property owner that have been ignored. He explained to the Commission that the next step in the process -- when no attempts a compliance have been made -- was to set up a Public Hearing.

Dan Petersen added that the property owner has received a number of blight notices about the general upkeep of the property. He handed the Commissioners photos of the property explaining that there was garbage on the grounds and that the yard was in disrepair. (See Photos Below)

Commissioner Laabs asked if there was anyone living in the house. Petersen told Laabs that the mortgage on the house was foreclosed upon and that the bank now had possession of the property. Petersen told the Commission that blight notice letters were sent out on July 31st, August 12th, and September 21st, without response.

When Commissioner Toth saw the photos, she asked if there was water in the pool. Petersen said he didn't know. He said he didn't go on the property, but took pictures from the street.

Commissioner Burchell asked if City Ordinance required a fence around the pool if it contained water. Toth expressed concern that any child could fall into the pool and drown. Petersen said the condition of the pool is part of the blight complaint. Erickson said that the pool can be drained once there is a public hearing if it needs to be drained. Suzanne Toth made a motion to adopt the Resolution to hold a Public Hearing. Commissioner Lamb support Toth's motion. The Commission unanimously voted to adopt the Resolution.

I. Public Hazard/Nuisance - Discuss and consider adopting Resolution #09-040 , a Resolution determining the property located at 400 Cedar Street (27-52-21-478-070) is a public hazard or nuisance and schedule a public hearing for October 12, 2009, at 5:25 PM.

Dan Petersen explained that blight notices were sent to the property owner on April 30th, July 27th and August 31 regarding used building materials and unregistered vehicles in the yard. Petersen told the Commission that the property owner doesn't own the vehicles that are on the property. The house is rented out and the vehicles are owned by the tenant.  He said that the last notice was sent to the tenant to have the vehicles removed. Petersen said that both the landlord and the tenant would be sent certified notices of a public hearing if the Commission approved such action. (See Photos Below)

Commissioner Burchell asked how the property was zoned. Petersen indicated that the land was zoned as Downtown Commercial. Commissioner Lamb asked if the Ordinance forbade outside storage on commercial property. Petersen said the Ordinance states that outside storage was not allowed, but he said the believed it was a pre-existing use of the building.

Mayor Noren asked if a privacy fence could be suggested as an option to the property owner.  Petersen said that would be possible once communication with the property owner was established. Commissioner Lamb asked if the property owner also owned the garage behind the blighted lot. Petersen said he believed that was the case. Dennis Hewitt stated that the property owner owned the garage as well. Laabs pointed out that there were multiple violations on the property including the garage.

Commissioner Toth made a motion to schedule the public hearing. Commissioner Lamb supported the motion. With further discussion, the Commission unanimously voted to approve the motion.

J. Resolution of Understanding - Discuss and consider adopting Resolution #09-041 , a Resolution of Understanding and Amending the Management Agreement for the Gogebic-Iron Wastewater Authority (GIWA) and Board with Charter Township of Ironwood.

Scott Erickson told the Commission that the Resolution of Understanding and Amending the Management Agreement was a requirement of USDA Rural Development -- the funding agent for the sewer work in Ironwood Township. The Township, Erickson explained, can get a loan through the agency for up to 40 years, but they wanted to make sure that all the communities involved with the GIWA -- Ironwood, Hurley, and the Township -- have agreements that extend the full 40 years.

Commissioner Lamb made a motion to approve the Resolution as stated. Commissioner Toth supported Lamb's motion. After a brief discussion, the City Commission unanimously approved the motion.

K. Resolution of Understanding - Discuss and consider adopting Resolution #09-043 , a Resolution of Understanding and Amending the Management Agreement for the Gogebic-Iron Wastewater Authority and Board with City of Ironwood.

Scott Erickson briefly explained that the agreement was the same as the previous one, only for the City of Ironwood.

Without discussion, Commissioner Burchell made a motion to approve the Resolution. Commissioner Lamb supported Burchell's motion. The Commission unanimously approved the motion by roll call vote.

L. Library Loan/Grant - Discuss and consider adopting Resolution #09-042 authorizing and providing for the potential incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending its Carnegie Public Library Renovation/Expansion.

Scott Erickson addressed the Commission stating that the matter before them was simply a "housekeeping item." He explained that a letter from the USDA Rural Development was included in the Commissioner's packet that laid out the parameters of this project. The letter reads:  

Dear Mr. Petersen:

As per my email this morning here are the following documents to set aside the funds for the loan and grant:

• Letter of Conditions for a loan in the amount of $1,550,000 and a grant in the amount of $50,000
• ARRA Certification
• Letter of Intent to Meet Conditions
• Request for obligation of funds
• A copy of the Grant Agreement for your review (this will be signed at closing)
• RD 1942-47 Loan Resolution which will need to be passed at your next council meeting.

Most of the other forms listed in the Letter of Conditions have already been completed and are in my file. We will continue processing the file with construction document approval once the funds are secured. This will set aside funding for this project. The City is not obligated in any way to repay these funds until loan closing takes place. I will schedule a meeting with you to discuss the file further in the next couple weeks, once things slow down a bit, so we are all on the same page with this project.

Please have the Mayor sign and date where indicated on the forms. Please return to me the Letter of Intent, Request for Obligation and ARRA Certification. Be sure to put my name on the forms so that they are put on my desk to process.

You will receive a letter from the State Director when the funds are obligated within 2 weeks, at which time we will continue to process the use of the funds. If you have any questions, please feel free to contact me at the address and phone number shown below, extension 108, or at e-mail ann.young@mi.usda.gov.

Very truly yours,

ANN M. YOUNG
AREA SPECIALIST

"What you're doing essentially," Erickson explained, "Is encumbering or pre-approving a potential loan through Rural Development. We went through this awhile back when they went up for a referendum to see if the public supported, you know, the extension of the Libary. It was not supported at that time. The funding, through Rural Development, is potentially there. We need to formalize that, if we wanted in the future, they'd earmark it for us -- reserve it, if you will. So you'd have to go through the process of referendums and closings and all that, before there'd be any agreements or contracts that we're obligated for this money, because we're not."

Erickson points out that the letter from Ann Young, Area Specialist for USDA Rural Development, clearly states that the City would not be obligated to repay the funds until a loan closing takes place. (See highlighted above) Erickson said that no loan would be taken out until a referendum or another funding source were available. Erickson said this was simply a matter of putting the funds "in reserve" in case the expansion was financially feasible in the future.

Commissioner Laabs asked if this paperwork should have been done before the referendum was previously placed on the ballot. He asked if the money shouldn't have been placed in "reserve" just in case the referendum passed.

Erickson explained to Laabs that Rural Development knew the dollar amounts, but they hadn't acted on it until now.  He suggested that government procedures could have caused this timing glitch.

Dan Petersen told the Commission that, in his conversations with Rural Development, they were somewhat surprised that funds weren't set aside prior to now. Petersen explained that the $1.55 million wasn't available prior to the referendum vote, so it was "placed on the back burner."  He said Recovery Act now makes the funding available, so Rural Development set it aside for the City.

Commissioner Laabs asked if the agreement is approved and the Mayor signs it, what procedure would need to take place to initiate the project. He asked if another referendum vote would need to be taken. Petersen said some funding mechanism would need to be put into place. He said that the USDA has very strict regulations that limit grant funds on such projects to $50,000, but he suggested that negotiating with Rural Development to have more of the project's cost be covered by grants and not loans.

Laabs conjectured that a grant would not have to be voted on, where a loan would need to have voter approval because there would need to be an increased millage to cover the debt.

Erickson agreed, and he stated that, should the effort be pursued, a revenue source to satisfy the debt service would need to be identified before any money exchanged hands. He reiterated that signing the related documents, in no way, obligates the City or the taxpayers to anything.

Laabs asked City Commissioner Candidate and DIDA Chairman George Goerig if the DIDA's previous request for $1.7 million dollars required 10% up front from the City.

Goerig indicated that the DIDA needed to get Commission approval  for applying for the grant because the DIDA is not legally allowed to independently apply for such funding. He said the grant they were applying for required a 10% match.

Petersen clarified the situation stating that the USDA and what the DIDA applied for were two entirely different programs.  Petersen said, to the best of his knowledge the USDA doesn't have a matching requirement. Laabs said that's what he was trying to determine.

Laabs wanted to make certain that the City was "pulling the old 'end around' deal."

Mayor Noren asked why this matter had to be addressed at this time. "Is there a timing issue?" Noren asked.

Petersen indicated that there was a timing issue. He pointed out that the USDA has a number of project requests and if the City of Ironwood was no longer interested in pursuing the Library project, the funds they would set aside for Ironwood would be used elsewhere. He noted that the money was Stimulus funds and the entire purpose of Stimulus money is to get the dollars spent to help stimulate the economy.

Laabs asked Petersen what timeframe would the City have to decide whether or not to use the funds set aside for the Library. Petersen guessed that it would be two years, but he said he'd have to verify that with the proper authorities.

Commissioner Burchell asked if signing the agreement could somehow affect the City's ability to borrow funds that may be needed for other projects. Erickson explained that no loan will be executed in signing -- the documentation is basically a pre-approval -- so signing the documents shouldn't impact the City's borrowing power.

Commissioner Candidate and DIDA member Louise Demasi aske Dan Petersen if the DIDA should withdraw their request to get funding for the Library through the Blueprint efforts. Scott Erickson suggested that seeking multi-funding sources for large projects is never a bad thing. He suggested that the multiple requests could very well result in increased funding opportunities.

Demasi asked if the City Commission would have to give their approval before any "reserved funds" could be used considering that the City of Ironwood would ultimately be responsible for any debts should the Library fail in the future.

Erickson explained that the Commission would have to vote on any action in the future. Demasi explained that everybody in the region benefits from the Library, but the City of Ironwood is ultimately the entity that pays for it.

Commissioner Lamb made a motion to approve the Resolution and Commissioner Burchell supported Lamb's motion. The Commission unanimously voted to approve the Resolution.

M. Skatepark Equipment Bids - Discuss and Consider awarding bid for the Hiawatha/Rotary Skateboard Park Equipment. Seven bids were received: ARC; A to Z Recreation; Brand X Ramps; Snider and Associates, Inc.; Spohn Ranch; Superior Play, LLC; and Team Reil, Inc. All seven bids were each for $40,000. All seven contractors were told the City had $40,000 to work with. Each of the contractors were asked to list what equipment they could provide for that amount.

Dan Petersen addressed the Commission explaining that each of the contractors were given the $40,000 amount, and asked to list what equipment they could supply for that amount of money. He said the Staff's recommendation was based on the quality of the equipment offered; the variety of equipment; and the quantity of equipment specified in the bids.

Laabs quipped that in his 37 years, he's never seen bids so close. He asked Petersen if the City found a bid that suited them though this process. Petersen explained that the ARC (American Ramp Company) had the best deal for the money. He said they matched the $10,000 Tony Hawk Foundation Grant, and they twice came to Ironwood to give area kids a chance to test their equipment.

Commissioner Toth asked how long it would take to deliver the equipment assuming the bid was accepted. He suggested that it would take roughly six weeks for delivery.

Mayor Noren asked if it made sense to install the equipment only be snowed upon. He asked if it would be better to wait until spring to install the ramps.  It was pointed out that the equipment will see many more winters and that it is best to install it as soon as possible.

Commissioner Lamb made a motion to approve the Resolution, with Commissioner Toth supporting the motion. In a roll call vote, the Commission unanimously approved the Resolution.

N. Skatepark Construction Bids - Discuss and Consider awarding bid for site development improvements for the Hiawatha Rotary Skate Park. There were three bids returned: Angelo Luppino, Inc. was the low bid with $40,276.00; Ruotsala Concrete, LLC was the second lowest bid with $41,400.00; and Wayne Nasi Construction submitted a bid of $42,591.00.

Petersen explained that this was a more traditional bidding system. He explained that the bid was for doubling the width of the existing skate surface slab; installing an 8 foot fence around the park; and paving a parking area near the park. He quoted the bids as mentioned before, and he recommended that the Commission go with the low bidder -- Angelo Luppino.

Bob Burchell asked if the City had good luck with Luppino in the past. Erickson said Luppino has worked for the City on several occasions and there never was an issue. Laabs indicated that Luppino was currently replacing the outside wall of the Civic Center and they seemed to be doing a good job.

Laabs asked if the new slab will be doweled to the existng slab to prevent heaving. Erickson indicated that the bid called for doweling the slabs together.

Laabs made a motion to accept Luppino's bid as presented. Commissioner Toth supported the motion. A roll call vote by the Commission  unanimously approved the bid.

Following the vote, Mayor Noren expressed his delight that the park is finally becoming a reality. He thanked all of the young people who participated in the process. And he pointed out that the delays will prove to pay off in the long run due to the fact that that so much money was able to be obtained through grants.

O. Change Order Greenbush Project - Discuss and Consider approval of change order #1 (balancing change order) for the Greenbush Street Reconstruction Project. The original contract amount was awarded in the amount of $425,928.50. A balancing change order in the amount of $39,831.12 has been prepared for the contract. The additional work consists of the following: (1) Additional work completed based upon bid terms - $11,888.54; (2) Increase storm manhole size to 6 foot diameter - $1, 246.78; (3) Replace failed sanitary sewer laterals - $3,366.40; (4) Removal and Replacement of Additional curbing on US-2 - $2,775.00; (5) Replace storm sewer at Florence Street (60 feet) - $3,240.00; and (6) Correct street sub-base between Margaret Street and Northland Avenue and North of US-2 at the location of an old drainage crossing  - $17,314.40.

Scott Erickson briefly explained to the Commission the reasons for the cost overruns (as listed above).

A motion was made by Laabs and supported by Lamb to approve the change order. The Commission unanimously approved the change order.

P. Mayor's Appointment - Mayor Noren explained that he wanted to gather the members of the Local Elected Officials Compensation Committee to meet prior to the end of the current Commission's term of office to determine if a raise in Commissioner's stipends was in order. He explained that a sitting Commission cannot vote themselves a pay raise, but the current Commission was allowed to recommend a raise for the incoming Commission. Noren explained that the Committee hasn't met in a very long time. He pointed out that all of the Committee members' terms have expired, and that one of the members -- Mr. John Lewinski -- has passed away. There was one vacancy prior to Mr. Lewinski's passing, so now the existing Committe has two vacancies and three members with expired terms.

Noren proposed a temporary extension of the three remaining Committee member's terms to allow them to vote on a possible raise in compensation for the upcoming Commission. The three remaining Committee members are: Dave Ramme; Jim Huss; and Paul Oliver. Noren reasoned that there wouldn't be enough time to advertise for new appointments to the Committee and a vote by that Committee, prior to the election.  

The current stipend rate for Commissioners is $20 per meeting (up to 4 meetings per month), and $40 for the Mayor for the first two meetings, $20 per meeting thereafter. Gullan explained that any meeting -- special or regular that is called a "meeting" qualifies.

Scott Erickson said with a smile, "So you'll notice a lot of our meetings are called as 'workshops.'" 

Noren repeated his recommendation and Laabs seconded Noren's recommendation. A roll call vote was taken. Laabs, Noren, and Toth voted to extend the terms of the Compensation Committee to decide on a compensation increase and Lamb and Burchell voted not to extend the terms.

Noren then addressed two vacancies on the Downtown Ironwood Development Authority (DIDA). The September 24th meeting of the DIDA had to be postponed because the meeting failed to draw a quorum. The City has advertised for volunteer DIDA members three times. The first two times, no one applied. The third ad resulted in two applications -- one from Bernie Santini and one from this reporter.

"The other appointment I have is two seats on the DIDA." Noren said, "We've had two gentlemen who've applied for those (seats). I'm not comfortable making either one of those appointments. I would ask that the Clerk re-advertise for those seats."

Q. Manger's Report - City Manager Scott Erickson quickly listed of the items in his manager's report:

• The comprehensive Deer Bow Hunt starts this Thursday, October 1, 2009. A mandatory safety meeting will be held on Wednesday, September 30, 2009. The area has all been posted to alert people to stay out of the area during the hunt.
• Angelo Luppino is working on reconstructing a damaged wall at the Civic Center. Also a contractor has been hired to repair and replace the fire suppression sprinker system at the Center.
• The local street paving projects are moving along nicely. Several hydrants in project areas are being replaced in additon to pavement overlays. Erickson explained how the milling process works and how new pavement will replace the damage, worn-0ut pavement.
• The fall clean-up day has been set for this Saturday, October 3rd, from 8:00 AM until 12:oo noon in the City lot next to Northwoods Auto on Ayer Street. Volunteers are welcome. Erickson said the spring clean-up has proven to be very successful over the years.
• The Ironwood Public Safety Department (IPSD) will be receiving their new ladder truck tomorrow, Tuesday, September 29, 2009.
• Oktoberfest will be taking place at the Ironwood Memorial Building on Saturday, October 10th, 2009 beginning at 5:30 PM.

Tom Laabs asked if the City's old ladder truck was sold yet. Erickson indicated that no offers were received yet.

Gemma Lamb asked if the millings on the multi-use trail system #2 would be smoothed out in the future. Erickson explained that the contractors agreed to spread and compact the material at a later date.  He explained that the material has just been dumped on the trails from the tailgate, but it is scheduled to be compacted and spread out later.

R. Other Matters (Five Minute Limit) - No Commissioners wished to address the audience or the Commission.

S. Citizens wishing to address the Commission on Items not on the Agenda (Five Minute Limit).

George Goerig addressed the Commission regarding their earlier vote on Item L. He stated that the Commission's actions were a violation of the City Charter.

According to the cover letter by Ann M. Young, Area Specialist for USDA Rural Development, to Dan Petersen, one of the enclosures was the RD 1942-47 Loan Resolution "which will need to be passed at your next council meeting."

According to that document, "WHEREAS, it is necessary for the City of Ironwood (herein after called Association) to raise a portion of the cost for such undertaking by issuance of its bonds in the principal amount of $1,550,000.00 pursuant to the provisions of Public Act 279 of the Public Acts of Michigan of 1909, as amended."

According to the Section 4.7(d) "Matters requiring electors' approval:"  (4.) "To authorize an issue of bonds."

Goerig said, "I might be wrong!"

"I think you are!" City Attorney A. Dennis Cossi said pointing out that Financial Director Julie Frederickson could explain issue better than he could. Revenue bonds don't need voter approval, Cossi explained, but he recommended to Goerig that he meet with her to get a clarification on the matter.

Goerig asked that the Commission reconsider the adopted ordinance to issue bonds for the renovation of the Library.

Scott Erickson explained that no Ordinance was presented or approved. Cossi pointed out that the actions taken at last night's meeting would enable the Commission pass an Ordinance in the future, but no action was taken that would commit the City to any obligation.

Mayor Noren said he would like to make it perfectly clear that the Commission's efforts were not meant to circumvent the will of the voters. Commissioner Laabs pointed to the highlighted portion of Young's letter stating that  the City is not obligated in any way to repay these funds until loan closing takes place. Erickson repeated to Goerig that actions taken were a pre-application and that no committment was made by the City to obligate them to a loan.

Noren then asked if there were any other citizens wishing to address the Commission.

"I'm sorry, Jim, you had your hand up." Noren said.

"I was wondering what happened on Wemple Street. They had a whole bunch of pipes and fittings and stuff. It looked like they were going to install something, and all of a sudden it's just gone." I questioned, "Was there a change of plans, or..."

"Excellent question!" Erickson responded, "Part of our old infrastructure is quite interesting here in Ironwood. Along Wemple Street we were going to run a short section of water main. We were going to loop it through there. The old records and information was that there was no water main through there. So as they were digging down to do that, low and behold, at some point someone had put a water main there years ago, and it was actually in pretty good shape. So we don't have to put a water main in there, which is good. But it just kind of shows the history of some of our records here. So anyway -- a long story, short -- the water main does not have to be installed there."

"So what happens to that pipe? Does the City have to eat that, or what?"

"What we'll end up doing is probably buying the pipe from the contractor. We'll use it for other projects, so we'll just buy it so they won't have to restock it and send it back to their supplier. It's a product that will be used."

"Isn't there a continuity test that could have been taken to determine if there was a line in there? I'm not a 'water guy' but isn't there some kind of way you can tell if there's a pipe under there without having to dig up the road?"

"Yeah and there are ways to try to do a surface check on that's how they found it. There was a hydrant there." Erickson said.

"The map that we have," Bob Tervonen explained, "Shows a stub by US-2, but none of the maps show that one block of pipe was ever put in."

I then asked if the installation of the GIS system would help to avoid mistakes like the one made on Wemple.

"That's going to help," Erickson said, "But what we're also going to do is  -- I'll call it 'institutional memory here -- people that have been here for many years. We have two gentlemen here in the audience (referring to former City workers Ed Revoyr and John Kasieta) and some others that have retired. We'll need to go back and pick some of their brains and learn the history on some of these old pipes. They tend to know where they are even though they don't show up on some of these old maps." Erickson said when the GIS system is being established, it would be wise for the City to ask retired crew members for their expert advice.

"The REAL data," Erickson said, "Is probably right in this room right here!"

Steve Frank had a quick question for the Commission. "The Property Standards Committee? Who's on that and when does it meet?"

Scott Erickson explained that he had no information to answer the question. He said he could find out the information and bring it back to the next City Commission meeting.

Bernard Finco questioned why nothing is being done about Ironwood cars with Wisconsin plates. He pointed out that they are renting in the City's low income housing and if they get plates in Wisconsin, they must be paying taxes in Wisconsin.

"We're not just losing the license fees, we're losing a lot of tax money." Finco said. Noren said that many people have dual residency and purchase their licenses in Wisconsin but also have homes here.

Dennis Cossi pointed out that insurance in Wisconsin is cheaper because Michigan has no-fault.

IPSD Officer DiGiorgio said many of the plates don't match the vehicles, especially in the case of low-income residents.

Mayor Noren explained that no action would probably be taken on the Closed Session discussions, so he asked John Kasieta if he'd like to speak on Item V before the Commission went into closed session.

John Kasieta told the Commission that he's been involved with water/sewer works for between between and sixty years. He said he could only recall two incidents when the City had problems with the water main on Lake. One time was back in the late 50's or early 60's. He said it was on a joint off of Lake. He said the other problem occurred when they were installing the chairlift at Mt. Zion. When they were blasting, they blasted out a chuck of the City's water main.

Kasieta said he did research and discovered that many cities within a 100 mile radius had water mains that were 100 years old or older. Kasieta said he was amazed that a contractor could look a the pipe and determine that it was dangerous and going to explode at any time. He said, after the approval of the $375,000 pipe, the contractor went back to work in close proximity to the pipe and it wasn't dangerous anymore. He said that didn't make sense to him.

He said with all of his experience working with water works, he can't look at the outside of a pipe to determine if it was going to bust or not. He said he couldn't understand why the Gogebic County Board "put their nose in it" by suggesting that the City goes with the extra 16" water main. He suggested that the County should pay for the pipe if they feel so strongly that we need to add the line.

Kasieta suggested that the GRWA use the City's water main as a back up to the Township and the City could use the Township's main as their back up instead of installing a new 16" line. He explained that the existing 16" line was on the shoulder of the road not actually on the road. He said he couldn't understand how cross-connections could be made to the line going up to Mt. Zion.

Commissioner Laabs asked Kasieta if the joints on the old line were lead and oakum joints. Kasieta said they were. And he said the leak in the 1950's or early 60's was due to the failure of one of the lead joints. Kasieta speculated that the leak that crippled the City this past winter was due to subsidance or ground failure rather than a failure of the pipe itself. He said he can't say for sure, but he said the sides of the old cast iron mains were an inch and a quarter to an inch and a half thick.

T. Closed Session (GRWA Agreement) - Consider Closed Session to discuss matters exempt from State Law. The Commission unanimously voted to go into Closed Session.

U. Return to Open Session. After a fairly long Closed Session the Commission returned to Open Session.

V. Action on GRWA Agreement - Consider Gogebic Range Water Authority (GRWA) correspondence from their attorney Michael Pope regarding the possible lease purchase agreement for a new 16" water main on Lake Road between Margaret Street and Slade Road. When the Commission returned to open session, Mayor Noren announce that no action would be taken. A. Dennis Cossi told the media that no action could be taken because they City didn't receive an agreement from the GRWA's attorney that spelled out the costs and terms. He said signing an agreement that didn't spell out the terms wasn't something the City was prepared to do. He said the City would issue a press release to futher explain the situation.

W. Adjournment - Following Cossi's statement, the Commission voted unanimously to adjourn.