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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, December 13, 2004, at 5:00 P.M. Central Time. Roll Call: Mayor Hendrickson, Councilors Heikkinen, Thrasher, and Stachowicz. Absent: Councilor Valesano. Also Present City Manager Nordeman, City Attorney Lawrence, City Clerk/Treasurer Olson, and various citizens. Mayor Hendrickson led all present in reciting the Pledge of Allegiance. Councilor Thrasher seconded by Councilor Stachowicz moved that the minutes of the regular meeting of November 8, 2004 and the Special meeting of November 11, 2004 be approved as written. Motion carried. Mayor Hendrickson amended the agenda with the addition of "Review of Council Rules" to the Unfinished Business section. Mayor Hendrickson reported on the Downtown Development Authority meeting that took place earlier in the day. Councilor Heikkinen seconded by Councilor Stachowicz moved to approve the following fund transfers for the 2003-2004 fiscal year: From Major Street Fund to Local Street Fund $30,900.00 From Electric Fund to Electric Reserve & Contingency $29,987.65 From Water Fund to General Fund $350,000.00 From Electric Fund to General Fund $215,000.00 Ayes: Mayor Hendrickson, Councilors Heikkinen, Thrasher, and Stachowicz. Nays: None Motion carried. At 5:06 p.m. Mayor Hendrickson recessed the meeting to conduct a Public Hearing for the closeout of the Downtown Market Analysis Study Project. PUBLIC HEARING: Manager Nordeman presented a history of the Downtown Market Analysis Study Project including the grant funding and the matching funds from the City and the Iron County Medical Care Facility. Public comments included questions from Packy Echola regarding the implementation of the analysis. Manager Nordeman responded that the study revealed some strategies for marketing the downtown area and those are continuing to be looked at and used to market the Crystal Manor building and others. John Moon then asked what the fate of the Manor will be if it is not marketed successfully. Manager Nordeman advised that if it remains vacant 2 years it would be demolished. There being no further discussion regarding this project, the Public Hearing was closed. Regular session reconvened at 5:13 p.m. Councilor Thrasher seconded by Councilor Heikkinen moved to closeout the MSC 201099-EDPA, Downtown Market Analysis Study Project. Ayes: Mayor Hendrickson, Councilors Stachowicz, Heikkinen, and Thrasher. Nays: None Motion carried. At 5:15 p.m. Mayor Hendrickson recessed the meeting to conduct a public hearing on Proposed Ordinance No. 2.22. PUBLIC HEARING: Mayor Hendrickson presented the proposed ordinance for the regulation of installation and use of outdoor furnaces designed for structure heat in the City of Crystal Falls. She advised that this ordinance has already been through several revisions and asked if anyone had further comments on the ordinance. John Moon asked what the restrictions for setbacks were and those portions of the ordinance were reviewed. No further revisions were recommended and the public hearing was closed. Regular session reconvened at 5:20 p.m. Councilor Thrasher seconded by Councilor Stachowicz moved to adopt Ordinance No. 2.22 as follows: ORDINANCE NO. 2.22 AN ORDINANCE TO REGULATE THE INSTALLATION AND USE OF OUTDOOR FURNACES DESIGNED FOR STRUCTURE HEAT. The City of Crystal Falls hereby Ordains: Section 1. Purpose. It is the purpose of this ordinance to establish and impose restrictions upon the construction and operation of outdoor furnaces within the limits of the City of Crystal Falls for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the City and its inhabitants. It is generally recognized that the types of fuel used, and the scale and duration of the burning by such furnaces create noxious and hazardous smoke, soot, fumes, odors, air pollution, particles, and other products of combustion that can be detrimental to citizens health, and can deprive neighboring residents of the enjoyment of their property or premises. Section 2. Definition. The words "Outdoor furnaces designed for structure heat" shall mean, but is not limited to, any device, appliance, equipment apparatus or structure that: Is designed, intended and/or used to provide heat and/or hot water to any
associated structure. Section 3. Regulations. Outdoor furnaces shall not be placed less than forty (40) feet from the
nearest point of intersection of any other adjacent property owners structure
and shall have a chimney stack of at least twenty (20’) feet and/or at least
two (2’) feet above the roof line of the highest structure within two hundred
(200’) feet. Said chimney stack will also have a spark arrestor installed on
top. Outdoor furnaces shall not be placed less than twenty (20) feet from the nearest point of intersection of the property line of another property owner. An area of twenty (20) feet around the outdoor furnace structure shall be free of vegetation, except grass not exceeding four (4) inches in length. No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned. Outdoor furnaces which are designed to heat structures ten percent (10%) greater than the size of the structure(s) to be heated, are not permitted. Outdoor furnaces and associated installation shall be subject to inspection by the Zoning Administrator at any reasonable time to assure compliance with the terms hereof. Outdoor furnace installation is subject to the permit provision hereof
including furnishing the following information: This ordinance shall not be a defense to any civil claims. Section 4. Enforcement. Before commencing prosecution under this ordinance, the enforcement officer shall give notice to the person charged with violating this ordinance. Such notice shall be in writing, and shall be served upon said person or, at the option of the enforcement officer, by posting a copy of this notice on the land or attaching a copy of the notice to the building or structure. In addition, a copy of the notice shall be sent by first class mail to the owner of the land, building, or structure at the owner’s last known address. The notice shall specify that failure to remedy the violation within ten (10) days of the date of personal service or twelve (12) days from the date of mailing shall result in the issuance of a municipal civil infraction citation. Section 5. Penalty. Failure to comply with the requirements of this ordinance shall constitute a Municipal Civil Infraction, which shall be processed in accordance with MCLA 600.8701. The assessment and collection of fines and costs shall be in accordance with MCLA 600.8701 et seq. Each day’s continued violation shall constitute a separate and distinct offense. Any person violating this ordinance shall be deemed to have committed a civil infraction, subject to the payment of civil fines of $50.00 plus costs, for the first violation. Any repeat offense shall be subject to increased fines as follows: First repeated offense shall be no less than $150.00 plus costs. A fine for any second repeated offense or any subsequent repeated offense shall be no less than $250.00 plus costs. Section 6. Severability. The sections and provisions of this ordinance are declared to be severable and any portion which is declared inoperative or invalid for any reason by a court of competent jurisdiction shall in no way affect the remaining sections or provisions of this ordinance. EFFECTIVE DATE This ordinance shall become effective 30 days after adoption by the City Council as set forth in the City Charter. Ayes: Mayor Hendrickson, Councilors Stachowicz, Heikkinen, and Thrasher. Nays: None. Ordinance Adopted. Jeff Sjoquist of Coleman Engineering advised the Council on the progress of the water project. Councilor Thrasher seconded by Councilor Heikkinen moved to approve the Council Assignments, including the Audit Committee Assignments, presented by Mayor Hendrickson as follows: COUNCIL ASSIGNMENTSNOVEMBER 2004 - NOVEMBER 2006 Mayor Janet Hendrickson: Councilor Scott Thrasher Councilor Mark Valesano Liaison – Contemporary Center (Primary
Liaison) Councilor Edna Heikkinen Liaison – Crystal Theater Board (Primary
Liaison) Councilor Jack Stachowicz Member – Industrial Park Committee Councilor Stachowicz seconded by Councilor Thrasher moved keep the City Garage Visitation Policy the same as that adopted on July 12, 2004. Ayes: Mayor Hendrickson, Councilors Heikkinen, Thrasher and Stachowicz. Nays: None. Motion carried. Councilor Thrasher seconded by Councilor Stachowicz moved to approve contracting with Scott Kenney, CPA for assistance in the completion of GASB 34 requirement, the Management Discussion and Analysis (MD & A), in the amount of $500.00. Ayes: Mayor Hendrickson, Councilors Stachowicz, Heikkinen, and Thrasher. Nays: None. Motion carried. Manager Nordeman reported he would have proposals from various financial institutions for the depositing of City funds for the next meeting of the Council. Councilor Heikkinen seconded by Councilor Thrasher moved to accept the Rules of Procedure for Council Meetings with the following revision to Section 1 : Regular Meetings.
Ayes: Mayor Hendrickson, Councilors Stachowicz, Heikkinen, and Thrasher. Nays: None. Motion carried. Mayor Hendrickson seconded by Councilor Heikkinen moved advertise for Requests for Proposals (RFP) for a new phone system for the City Hall. Said RFP’s will be accepted until 4:00 p.m. on Friday, January 7, 2005 for consideration at the January meeting of the City Council. Motion carried. Mayor Hendrickson seconded by Councilor Stachowicz moved to advertise on WIKB during Christmas Eve and Christmas Day with a 30-minute program for $100.00, which contains three (3) messages. Ayes: Mayor Hendrickson, Councilors Thrasher, Stachowicz, and Heikkinen. Nays: None. Motion carried. Mayor Hendrickson seconded by Councilor Heikkinen moved to set the 2004-2005 Ski Hill rates at $30.00 for a season pass. Ayes: Mayor Hendrickson, Councilors Stachowicz, Heikkinen, and Thrasher. Nays: None. Motion carried. Councilor Heikkinen seconded by Mayor Hendrickson moved to accept the recommendation of Manager Nordeman to keep all the rates at the Golf Course the same for the 2005 season as they were in 2004. Ayes: Mayor Hendrickson, Councilors Thrasher, Stachowicz, and Heikkinen. Nays: None. Motion carried. Councilor Stachowicz seconded by Mayor Hendrickson moved to extend the Council meeting beyond the 7:00 p.m. adjournment time. Motion carried. Councilor Thrasher seconded by Mayor Hendrickson moved to approve a Performance Bonus for full-time City employees in the amount of $55.00 and for certain part-time employees in the amount of $27.50, with said bonus to be added to the payroll checks scheduled to be issued on December 23, 2004. Ayes: Mayor Hendrickson, Councilors Heikkinen, Thrasher, and Stachowicz. Nays: None. Motion carried. Councilor Thrasher seconded by Mayor Hendrickson moved to change the next regular meeting of the City Council to Wednesday, January 12, 2005 at 5:00 p.m. to make allowances for Manager Nordeman’s attendance. Motion carried. Mayor Hendrickson seconded by Councilor Heikkinen moved to approve and to sign the Barbara A. Benda, et al. V City of Crystal Falls, Case No. 03-2529-CZ, Stipulation and Agreement for Entry of Consent Judgment as presented. Ayes: Mayor Hendrickson, Councilors Heikkinen, Thrasher and Stachowicz. Nays: None Motion carried. Councilor Thrasher seconded by Mayor Hendrickson moved to decline an offer from the United State Post Office, Crystal Falls Branch, to contract to remove snow from the rear parking lot of the Post Office building. Motion carried. Mayor Hendrickson seconded by Councilor Thrasher moved that the payrolls and disbursements in the amount of $318,936.65 for the month of November 2004 are approved, and further, to approve the disbursements of $113,936.65 from the Electric Utility Construction Account, checks #1022 – 1035, and the City Clerk is instructed to draw checks on the City Treasury in payment of same. Motion carried. Councilor Thrasher seconded by Councilor Heikkinen, moved to accept the following reports for the month of November 2004: Police Chief’s report indicating 112 complaints, 1 of which were closed by arrest and 2,515 patrolled miles. Joint Fire Authority report submitted by Fire Chief John Ahola indicating answering 4 fire calls; spending approximately 52.4 man-hours fighting fires; and holding no practice and training sessions. Chief Electrician’s report of department activities. Public Work foreman’s report on department activities. Motion carried. Councilor Heikkinen reported on a Theater Board meeting. Councilor Thrasher reported on the Planning Commission and Golf Advisory Board meeting. Mayor Hendrickson reported on a Library Board and Fire Authority Board meeting. Councilor Stachowicz seconded by Councilor Heikkinen moved to adjourn the meeting at 7:37 p.m.
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