A regular meeting of the Council for the City of Crystal Falls was held in the Council Chambers of the City Hall on Monday, March 10, 2008 at 5:00 P.M. Central Time.

Roll Call: Mayor Hendrickson, Councilors Heikkinen, Valesano, Bicigo, and Smokevitch.

Absent: None

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

Mayor Hendrickson led the reciting of the Pledge of Allegiance.

Councilor Heikkinen seconded by Councilor Valesano moved that the items on the Consent Agenda be approved as noted below:

The minutes of the meetings of February 11, 2008 and February 26, 2008 as written.

The following reports for the month of February 2008:
A. Police report, as submitted by Police Chief Sherwin, indicating 182 complaints, of which 5 were closed by arrest, and logging of 1,999 miles on patrol duty.

B. Joint Fire Authority report, as submitted by Fire Chief Ahola, indicating answering four (4) fire calls; spending approximately 40 man-hours fighting fires; and holding no (0) practice and training sessions.

C. Electric Dept report as submitted by Chief Electrician David Graff.

D. Public Works Dept report as submitted by Foreman Kelly Stankewicz.

E. Treasurer’s Revenue Report as submitted by Clerk/Treasurer Dorothea Olson.

The 2008 Cemetery Contracts with Crystal Falls, Mastodon, and Mansfield Townships.

Ayes: Mayor Hendrickson, Councilors Heikkinen, Smokevitch, Valesano, and Bicigo. Nays: none
Motion carried.

NOTE: Payrolls and Disbursements were pulled from the consent agenda for further discussion.

Mayor Hendrickson seconded by Councilor Heikkinen move to approve the Payrolls and Disbursements in the amount of $629,086.63 and instruct the City Clerk/Treasurer to draw checks on the City Treasury in payment of same.

Motion carried.

Randy Hegstrom addressed the Council regarding several issues and City policies and procedures including: full time fire department, City police outside City limits, electric rate increases, water rate costs, and golf course projects.

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

There was nothing new to report on the Crystal Manor re-development project.

Scott McNeilis of Coleman Engineering presented an update on the water projects.

Mayor Hendrickson seconded by Councilor Heikkinen moved to approve the Estimate of Funds Needed for the water project in the amount of $3,792.59.

Ayes: Mayor Hendrickson, Councilors Heikkinen, Smokevitch, Valesano, and Bicigo. Nays: None

Motion carried.

Councilor Valesano seconded by Councilor Heikkinen moved to approve the MEDC Grant Payment Request in the amount of $35,377.06 for the water meter project.

Ayes: Mayor Hendrickson, Councilors Heikkinen, Smokevitch, Valesano, and Bicigo. Nays: None

Motion carried.

Mayor Hendrickson temporarily adjourned to conduct a Public Hearing on amendments to Ordinance No. 2 and Ordinance No. 2.18 at 5:40 p.m.

PUBLIC HEARING:

Mayor Hendrickson reviewed the revisions to the two ordinances and then called for public comments regarding the amendments to Ordinance No. 2 – an ordinance designating certain actions to be public nuisances. There were no public comments regarding this ordinance.

Mayor Hendrickson called for public comments regarding the amendments to Ordinance No. 2.18 – an ordinance to prevent, reduce, or eliminate blight, blighting factors or causes of blight. There were no public comments regarding this ordinance.

Public Hearing closed at 5:50 p.m.

Councilor Valesano seconded by Councilor Bicigo moved to adopt Ordinance No. 2 as amended:

CITY OF CRYSTAL FALLS

ORDINANCE NO. 2

(As amended)

AN ORDINANCE DESIGNATING CERTAIN ACTIONS TO BE PUBLIC NUISANCES.

THE CITY OF CRYSTAL FALLS ORDAINS:

Section 1. No person shall deposit, place, or throw any dead or sick or injured animal, or part thereof, or any garbage, rubbish or other animal or organic matter into any reservoir or into or upon the banks of any stream, lake, pond, sewer, or well within the City.

Section 2. No person shall make any unnecessary loud or unusual noises that annoy, injure, or endanger the comfort, repose, health or safety of the public. No person shall play or operate any musical instrument, phonograph or radio in such a manner as to cause loud or unusual sound or noise between the hours of 10:00 p.m. and 7:00 a.m.

Section 3. No person shall operate or maintain any machine, device, apparatus, or instrument between the hours of 6:00 p.m. and 11:00 p.m., which shall cause reasonably preventable electrical interference with the operation of any radio or television receiving set.

Section 4. No person shall attach, post or paint any sign, advertisement or other written or printed matter or any picture or device upon any lamp post, electric light or telephone pole, tree, hydrant, bridge, pavement, sidewalk, street, shop, building or public property located within any public street, alley or other public place within the City.

Section 5. No person shall throw, scatter or deposit any posters, handbills, cards, or other written or printed matter or any waste paper in any public street, alley or public place, nor shall any person leave or deposit the same on any private property in such a manner as to permit them to be blown onto any street, alley, or other public place.

Section 6. All owners of commercial, industrial, and institutional properties and multifamily units shall provide and maintain safe, clean, on-site storage facilities for garbage and rubbish generated on the property. Said storage shall be covered and screened from the public street, with adequate capacity to store the volume generated between collections. The property owner shall provide for collection and disposal in accordance with all applicable laws and regulations. All garbage shall be collected and properly disposed of at least once per week. The property owner shall restrict parking and provide snow removal, as may be necessary, to facilitate regular garbage collection.

Section 7. It shall be the duty of every owner, possessor or occupier of plotted residential lots with dwellings, or lots between dwellings, or commercial property with building/s and available to the public, to cause the cutting down of weeds, grass, or other nuisance greenery before the 15^th day of June, July, August and September, and further, that at no time shall the weeds, grass, or other nuisance greenery exceed ten (10) inches in height. In rural sections bordering roads it shall be the duty of the owner or possessor to keep the weeds, grass, or nuisance greenery, cut five (5) feet back from roadway, this also by the 15^th day of June, July, August, and September.

Section 8. No person shall place or maintain any barbed wire fencing or any strands of barbed wire along the property line of or in any public street, alley, sidewalk or other public place within the platted area of the City, nor shall any person build or maintain any line fencing composed wholly or partly of barbed wire, provided, however, that it shall not be unlawful to place such barbed wire at the top of any legal fence, the lowest strand which shall not be less than six (6) feet above the ground in any platted area within the City.

Section 9. Every act, thing, device or condition which is forbidden by this ordinance shall be deemed to be a public nuisance.

Section 10. The City Manager and his subordinates, the Chief of Police and his subordinates are hereby authorized and empowered to abate or destroy any nuisance in any manner allowed or permitted by law, and in addition, the continuance of any such nuisance may be enjoined at the suit of the City by any court of competent jurisdiction.

Section 11. Penalty

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 cost.

A fine for any second repeated offense or any subsequent repeated offense shall be no less than $250.00 plus costs.

This ordinance shall take immediate effect to provide for the usual daily operation of the City as outlined in Section 8.3b of the City Charter.

Motion carried.

Councilor Heikkinen seconded by Mayor Hendrickson moved to adopt Ordinance No. 2.18 as amended:

AN ORDINANCE TO PREVENT, REDUCE, OR ELIMINATE BLIGHT, BLIGHTING FACTORS OR CAUSES OF BLIGHT, WITHIN THE CITY OF CRYSTAL FALLS, IRON COUNTY, MICHIGAN; TO PROVIDE FOR THE ENFORCEMENT HEREOF; AND TO PROVIDE PENALITES FOR THE VIOLATION HEREOF.

It is the purpose of this ordinance to prevent, reduce or eliminate blight in the City of Crystal Falls by the prevention or elimination or contributing factors and causes of blight which exist or which may in the future exist in the City of Crystal Falls. This Ordinance replaces Section 7 of Ordinance No. 2, an ordinance designating certain actions to be public nuisances.

The following words or terms, when used herein, shall be deemed to have the meanings set forth below:

Blighted Structure – any dwelling, garage, accessory or outbuilding, or any factory, shop, store, office building, warehouse, or any other structure or part of a structure which:

Because of fire, wind, other natural disaster, or physical deterioration, is no longer habitable as a dwelling or useful for the purpose for which it was originally intended; or

Is partially completed and which is not presently being constructed under an existing, valid building permit issued by or under the authority of the City of Crystal Falls and if the construction is not completed within 12 months; or

Is not structurally sound, weather-tight, waterproof or vermin-proof.

Building Material – Any lumber, bricks, concrete, cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, cement, nails, screws, or other materials commonly used in the construction or repair of any buildings or structures.

Enforcement Officer – A Crystal Falls City Police Officer.

Junk– Any abandoned, discarded, unusable objects or equipment, any object or equipment unused for its originally intended purpose, including, but not limited to, furniture, stove, refrigerators, freezers, cans, implements, parts of motor vehicles, machinery, cloth, rubber, bottles, any metals, boxes, cartons, or crates.

Garbage – All refuse of animal, fruit, or vegetable matter that attends the preparation, use, cooking, dealing in, transportation or storing of meat, fish, fowl, fruit, vegetable; also dead animals under six pounds in weight and killed for food or in which the process of decay has commenced or is about to commence; also waste generated by household pets; also discarded bottles, jugs, cans, or other food and beverage containers not specifically banned from Michigan landfills by State Statute.

Person – Any natural person, firm, association, partnership, limited liability company or corporation.

Unsecured Vacant Building – Any building which is unoccupied and which is not securely locked, the windows glazed or of which is not securely boarded up and protected against the elements, from vandals, and from rodents and/or other animals.

Section 3. Prohibited Conduct.

Except as may otherwise be permitted by the holding of a specific business license or by other ordinances of the City of Crystal Falls or state or federal law, no person in the City of Crystal Falls shall:

Store, accumulate, or permit the storage or accumulation of junk or garbage on premises owned, leased, rented, or occupied by him/her unless such junk or garbage is stored or accumulated for the purposes of collection and disposal, in which case such junk or garbage shall be stored or accumulated in a closed container, if possible, or in a closed structure. If it is impossible to store or accumulate such junk or garbage in a closed container or closed structure, such junk or garbage shall be covered in a manner sufficient to prevent such materials from causing dust and debris to be blown about or spread to other areas. Junk or garbage may be stored or accumulated in such manner only for the minimum period necessary to provide for collection and disposal of same and at no time shall that period exceed ten (10) days.

Store, accumulate, or permit the storage or accumulation of any building materials on property owned, leased, rented or occupied by him/her for any period longer than reasonably necessary for the immediate use of such materials, but in no event longer than sixty (60) days.

Keep or permit the existence of any unsecured vacant building on property owned, leased, rented or occupied by him/her.

Keep or permit the existence of any blighted structure on property owned, leased, rented or occupied by him/her.

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.

Prosecution may be commenced against a violator(s), without prior notice, in any instance where a violation notice had previously been sent, with the previous 12 months, relating to the same address.

Each day that a violation under this ordinance continues to exist shall be considered a separate violation subject to the penalties hereinafter set forth.

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.

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.

In addition to ordering that the person found in violation of this Ordinance must pay civil fines and costs the District Court Judge or District Court Magistrate may issue any writ or order necessary to enforce the Ordinance including but not limited to the authority to order the person found in violation of this Ordinance to correct the blight condition giving rise to the civil infraction within 30 days or be subject to the contempt powers of the District Court as authorized and provided for by applicable Michigan Statutes.

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.

This ordinance shall become effective in the City of Crystal Falls following the adoption by the City Council and upon publication.

Motion carried.

Mayor Hendrickson seconded by Councilor Valesano moved to authorize Manager Nordeman to execute a "Memorandum of Understanding" with Robert Grell regarding Mr. Grell’s purchase of lots 1-4 at the Industrial Park, pending Mr. Grell’s agreement to the document as drafted.

Motion carried.

Discussion regarding Ordinance No. 2.19 – an ordinance providing for the removal of snow from public sidewalks on Superior Avenue – ensued. The build up of ice and snow on the sidewalks has become a problem and a safety concern. It was the consensus of the City Council to amend the ordinance by changing the 72 hour time limit to clear the sidewalk to 24 hours. Mayor Hendrickson set the Public Hearing date for the consideration of this amendment to be April 14, 2008 during the meeting scheduled for 5:00 p.m. and instructed Clerk Olson to publish the notice of said hearing. In addition, letters regarding this public hearing will be sent to the property owners on Superior Avenue.

Manager Nordeman suggested the Council consider an alternate retirement plan for anyone hired by the City after January 1, 2008. He recommended a match to an employee’s deferred compensation plan as opposed to enrolling these new employees into the MERS plan. Nordeman will return to the next meeting with further information for consideration by the Council.

Manager Nordeman will invite Damian Treiber to the next meeting of the City Council to discuss the City Hall Radon gas problem.

The City received one (1) bid on the Police Patrol Vehicle. Said bid was from Stateline Chevrolet Pontiac, Inc.

Mayor Hendrickson seconded by Councilor Valesano moved to approve the bid from Stateline Chevrolet Pontiac, Inc. on a 2008 Chevrolet Impala Police sedan in the amount of $17,616.50,including discount and trade in of 2003 Ford Crown Victoria, pending the approval of USDA, Rural Development.

Ayes: Mayor Hendrickson, Councilors Heikkinen, Smokevitch, Valesano, and Bicigo. Nays: None

Motion carried.

Amendments to the 2007-2008 fiscal year budget were postponed to the April 2008 meeting of the City Council.

Manager Nordeman advised that he will be bringing a recommendation for an electric rate increase to the next meeting. Chief Electrician David Graff will also be in attendance with information regarding this issue.

Councilor Valesano noted the receipt of a letter from a resident asking that the street on Erie Avenue between Park and Bristol Streets be repaired. Manager Nordeman indicated the street would need to be reconstructed and that the dips will nearly disappear once the frost has left the ground. No action was taken on this matter at this time.

Councilor Heikkinen seconded by Mayor Hendrickson moved to adjourn this meeting.

Motion carried.

Meeting adjourned at 6:50 p.m.