DRAFT

A regular meeting of the Council for the City of Crystal Falls was held in the Council Chambers of the City Hall on Monday, May 8, 2006, at 5:00 P.M. Central Time.

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

Absent: Councilor Heikkinen

Also Present: City Manager Nordeman, City Attorney Lawrence, City Clerk/Treasurer Olson, and a large group of citizens.

Mayor Hendrickson led the reciting of the Pledge of Allegiance.

Councilor Thrasher seconded by Councilor Stachowicz moved that the minutes of the regular meeting of April 10, 2006 and the special meetings of April 24, 2006 and April 26, 2006 be approved as written. Motion carried.

At 5:04 p.m. Mayor Hendrickson temporarily adjourned the meeting to conduct a Public Hearing on proposed Ordinance No.1.11.

Public Hearing:

Mayor Hendrickson presented the proposed Ordinance No. 1.11, an ordinance to establish charges for Crystal Falls Fire Authority Services and to provide methods for the collection of such charges and exemptions therefrom. Councilor Thrasher read aloud the ordinance in its entirety for the benefit of those in attendance. Bob Black commented on a portion of the ordinance that required the collection of the fees within 30 days and noted that most insurance companies don’t pay that quickly. There were no comments from the Council other than that of Mayor Hendrickson to clarify that Section 4 – Exemptions, item #1 should read "First" False alarm.

This public hearing was closed at 5:14 p.m.

Regular session reconvened at 5:14 p.m.

CITY OF CRYSTAL FALLS

ORDINANCE NO.1.11

AN ORDINANCE TO ESTABLISH CHARGES FOR CRYSTAL FALLS FIRE AUTHORITY SERVICES AND TO PROVIDE METHODS FOR THE COLLECTION OF SUCH CHARGES AND EXEMPTIONS THEREFROM.

THE CITY OF CRYSTAL FALLS, IRON COUNTY, MICHIGAN ORDAINS:

The within ordinance is adopted for the purpose of providing financial assistance to the City in the operation of the Crystal Falls Fire Authority fire department from those receiving direct benefits from the fire protection service; to provide for full funding of the Crystal Falls Fire Authority fire department operation which remains, in part, an at-large governmental expense based upon the general benefits derived by all property owners within the city from the existence of the Crystal Falls Fire Authority fire department and its availability to extinguish fires within the city and perform other emergency services.

The following minimum charges shall hereafter be due and payable to the Crystal Falls Fire Authority on behalf of the city from a recipient of any of the following enumerated services from the Crystal Falls Fire Authority fire department:

Grass Fire $200.00

Rubbish Fire $200.00

Automobile Fire $250.00

House Fire $300.00

Fire in a commercial establishment $400.00

Fire in an industrial or manufacturing establishment $400.00

Fire in a multiple-family building $300.00

Hotel or motel Fire $400.00

Aircraft Fire $400.00

Train Fire $300.00

Truck Fire $300.00

Forest Fire $250.00

Emergency rescue service $300.00

Other services not specifically enumerated $250.00

The foregoing minimum charges may be modified by resolution of the City Council, provided such resolution becomes effective not less than ten (10) days after such resolution is adopted.

All the foregoing charges shall be due and payable within 30 days from the date the service is rendered and in default of payment shall be collectible through proceedings in a court of competent jurisdiction as a matured debt.

All the following properties and services shall be exempt form the foregoing charges:

First false alarm.

Fires caused by railroad trains which are the specific statutory responsibility of railroad companies.

Fire involving City buildings, grounds and/or property.

Fire service performed outside the jurisdiction of the city under a mutual aid contract with an adjoining municipality.

The Crystal Falls Fire Authority on behalf of the city may proceed in court by civil suit to collect any monies remaining unpaid, may obtain recovery of all costs incurred in such proceedings, including, but not limited to, actual attorney fees incurred by the Crystal Falls Fire Authority on behalf of the city, together with all other remedies provided for by law for the collection of said charges.

In the event the Crystal Falls Fire Authority fire department determines on behalf the city, that any charges set by this ordinance are not to be collected, then the Crystal Falls Fire Authority shall annually provide a report to the city listing the charges that were charged off as not to be collected as provided by this ordinance.

All funds collected under this ordinance by the Crystal Falls Fire Authority fire department on behalf the city, shall be deposited into the operating fund of the Crystal Falls Fire Authority, and annually budgeted as general income for the overall operation of the Crystal Falls Fire Authority without respect that such funds may have been derived from providing services within the city.

The foregoing rates and charges shall not be exclusive of the charges that may be charged by the city for the costs and expenses of maintaining the Crystal Falls Fire Authority fire department, but shall only be supplemental thereto. Charges may additionally be collected by the city through general taxation or by a special assessment established under the Michigan statutes pertinent thereto. General fund appropriations may also be made to cover such additional costs and expenses.

When a particular service rendered by the Crystal Falls Fire Authority fire department directly benefits more than one person or property, the owner of each property so benefited and each person so benefited where the property protection is not involved shall be liable for the payment of the full charge for such service hereinbefore outlined. The interpretation and application of the within section is hereby delegated to the Crystal Falls Fire Authority fire chief subject only to appeal, within the time limits for payment, to the City Council and shall be administered so that charges shall only be collected from the recipients of the service.

Should any provision or part of this ordinance be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of the balance of this ordinance which shall remain in full force and effect.

This ordinance shall take effect on the later of June 7, 2006, or the date the Township of Crystal Falls adopts a substantially similar ordinance. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Motion carried.

At 5:16 p.m. Mayor Hendrickson temporarily adjourned the meeting to conduct a Public Hearing regarding a Zoning Variance Request from Mike and Kristin Onderak.

Public Hearing:

Mike and Kristin Onderak presented their request for a use variance on their property located at 11 Wagner Street. The proposed construction of an Ice Cream Parlor/Coffee Shop is in violation of Article 5, Residential District, Section 5.1 Use Regulations. The use regulations do not allow for commercial developments in a Residential District. The Onderak’s presented an altered plan from the one that was sent to the neighborhood. The altered plan removes the need to use E. Crystal Avenue as an entrance and also utilizes the garage as the business building rather than a new construction on the adjoining lot. Public comment from Luther Baker, a neighbor of the Onderak’s, was that had the altered plan been offered to the neighborhood perhaps there would not have been as much opposition to their variance request. Clerk/Treasurer Olson reported that 12 notices were mailed to property owners within 300’ of the Onderak property and 8 responses were received. Of the 8 responses, 3 were in favor and 5 were against the Onderak’s request. The consensus was that the Onderak’s are to apply for another hearing regarding the new plan and the issue will be revisited at the June meeting of the City Council.

This public hearing was closed at 5:27 p.m.

Regular session reconvened at 5:27 p.m.

Jeff Bal of STS Consultants gave a power point presentation to the Council regarding the S2 Grant program. He suggested the Council consider utilizing this program to complete some needed sewer work in the City.

Bridget Bergwall, representing the Runkle Lake Association, addressed the Council regarding the milfoil infestation at the lake. She asked for the Council to raise the park fees by $1.00 and set that money aside to assist in the milfoil fight. She also asked the Council to consider the adoption of an ordinance regulating the speed limit on Runkle Lake.

Don Boulanger voiced his opposition to the City’s plan to utilize the Forest Avenue gravel pit as a brush burning site and asked the Council to reconsider their options. John Plowe and Kristine and Bob Black also offered opposition to burning at this site noting that this would affect the air quality in the surrounding neighborhood. The Council agreed to explore other solutions for the disposal of brush debris collected by the City.

Councilor Thrasher seconded by Councilor Stachowicz moved to extend the meeting beyond the 7:00 p.m. adjournment time.

Motion carried.

Tony DeMuri, Tyler Bean, and Joe Cornelia presented the Council with a proposal to install rails on the ski hill for use by skiers and snowboarders. The boys noted that they would do the rail installation and bear the expense, and further, offered ideas and their services to clean and paint the ski lodge in preparation for the next ski season.

Mayor Hendrickson seconded by Councilor Thrasher moved to look further into the proposal for rail installation at the ski hill.

Motion carried. DeMuri, Bean, and Cornelia were thanked for their presentation and Manager Nordeman was directed to gather information from the ski hill inspector regarding the matter of rail installation and work with the boys on the project.

Mayor Hendrickson reported on the DDA meeting held earlier in the day.

Scott McNeilis of Coleman Engineering updated the Council on the water project including the acceptance of the engineering contract by Rural Development and the progress of the agreement with Crystal Falls Township. He added that perhaps they would be ready to talk about water rates at the June meeting of the Council.

Regarding the Crystal Manor, Manager Nordeman advised he is waiting for a reply from developer Kirk Beauregard regarding his commitment toward the development of the building.

Councilor Thrasher seconded by Councilor Valesano moved to postpone adoption of the proposed Travel/Education Expense Policy until the next meeting.

Motion carried.

Mayor Hendrickson seconded by Councilor Stachowicz moved to decline the offer as presented by Iron County Department of Human Services Board dated April 21, 2006, and make the counter offer that the County pay $100,000.00 to the City by October 1, 2006 in exchange for releasing the County of Iron and Iron County Medical Care Facility of any and all responsibility relative to the Crystal Manor building.

Ayes: Mayor Hendrickson, Councilors Thrasher and Stachowicz

Nays: Councilor Valesano

Motion carried.

Mayor Hendrickson directed Manager Nordeman to direct the Police Chief to enforce the Blight Ordinance.

Councilor Thrasher seconded by Councilor Valesano moved to approve the purchase of a 1991 Pitman M45 Digger truck for $32,000 and a Reel trailer for $2,000 for use in the electric department as presented by City Mechanic Bicigo.

Motion carried.

The hiring of an apprentice lineman for the electric department was postponed.

Mayor Hendrickson seconded by Councilor Stachowicz moved to adopt the following resolution:

Resolution for Summer Tax Collection

WHEREAS, the Forest Park School District has indicated a desire to turn over the annual summer tax bill collection to the local treasurers, and

WHEREAS, the City of Crystal Falls recognizes the responsibility of the municipality to collect all taxes assessed against its property holders,

NOW THEREFORE BE IT RESOLVED, the Council for the City of Crystal Falls hereby declares that the City Treasurer will conduct the collection of the summer tax bills and distribute said taxes as dictated by the tax roll per state statute beginning with the 2006 Summer Tax cycle.

Resolution Adopted

Mayor Hendrickson seconded by Councilor Valesano to adopt the following:

WHEREAS, the Council for the City of Crystal Falls is desirous of extending congratulations and a thanks to employees who have spent their working years as public servants with the City of Crystal Falls, and

WHEREAS, David "Fuzzy" Frisanco, who first began as a part-time laborer and equipment operator with the Crystal Falls Public Works Department in 1971 and later advanced to a full time position, has done just that, and 

WHEREAS, "Fuzzy" had given 30 years and 11 months of his life as a public servant in the City of Crystal Falls as of his retirement on April 1, 2004,

NOW THEREFORE BE IT RESOLVED, that the Council for the City of Crystal Falls hereby recognizes David for his dedication and wholeheartedly congratulates and thanks him for his years of service during which he was truly a shining example of the City’s slogan "City of Community Pride". 

Councilor Thrasher seconded by Councilor Valesano moved to adopt the following:

WHEREAS, the Council for the City of Crystal Falls is desirous of extending congratulations and a thanks to employees who have spent their working years as public servants with the City of Crystal Falls, and

WHEREAS, Jack Bicigo, first beginning as a patrolman with the Crystal Falls Police Department in 1975 and then through his promotion to Chief of Police in 1993, has done just that, and

WHEREAS, Jack has given 30 years and 4 months of his life as a public servant in the City of Crystal Falls as of his retirement on May 1, 2006, 

NOW THEREFORE BE IT RESOLVED, that the Council for the City of Crystal Falls hereby recognizes Jack for his dedication and wholeheartedly congratulates and thanks him for his years of service during which he was truly a shining example of the City’s slogan "City of Community Pride". 

Resolution adopted.

Councilor Stachowicz seconded by Councilor Valesano to adopt the 2006 rates for camping at Runkle Lake park as presented by the City Manager.

Ayes: Councilor Stachowicz

Nays: Mayor Hendrickson, Councilors Thrasher and Valesano

Motion failed.

Councilor Thrasher seconded by Mayor Hendrickson moved to adopt the following 2006 camping rates for Runkle Lake park:

Sites #18-#57 (Electric & Water) = $15.00/Day or $405/Month

Camp 7 Consecutive Days and get the 7^th Day free.

Monthly rates require 31 consecutive days of camping.

Ayes: Mayor Hendrickson, Councilors Thrasher and Valesano

Nays: Councilor Stachowicz

Motion carried.

Mayor Hendrickson seconded by Councilor Thrasher moved to set the Spring Clean-up dates to drop off materials at the Bristol Mine site as Friday, June 2nd and Saturday June 3rd, 8 am to 3:30 pm each day.

Motion carried.

It was noted that the spring curbside pickup of yard debris will be conducted the week of May 22^nd.

Councilor Thrasher seconded by Councilor Valesano moved to contract with Forest Park Community Schools to provide a Summer Recreation Program for the area youth in the amount of $2,000.00.

Motion carried.

Councilor Valesano moved to approve pay adjustments for Randy Curnow and Robert Sliva in amounts equal to the 2006 golf membership rates and to require them to then purchase a golf membership.

This motion died for lack of a second.

Councilor Thrasher seconded by Councilor Valesano moved to compensate Robert Sliva for services of Golf Course Marshall in the amount of $500/year.

Ayes: Councilors Thrasher and Valesano

Nays: Mayor Hendrickson and Councilor Stachowicz

Motion failed for lack of a majority.

Mayor Hendrickson seconded by Councilor Thrasher moved to add $10.00 to the cost of the 10 play golf card to defray the cost of the irrigation project making the total of the card $140.00.

Motion carried.

Mayor Hendrickson seconded by Councilor Stachowicz moved to accept the annual Harbour House Museum report and to release the $1,100.00 annual contribution to the museum.

Motion carried.

Mayor Hendrickson seconded by Councilor Thrasher moved that the payrolls and disbursements in the amount of $326,532.17 for the month of April 2006 be approved, and the City Clerk is instructed to draw checks on the City Treasury in payment of same.

Motion carried.

Councilor Thrasher seconded by Councilor Valesano moved to accept the following reports for the month of April 2006:

Police Chief’s report indicating 173 complaints, 6 of which were closed by arrest and 2,689 patrolled miles.

Joint Fire Authority report submitted by Fire Chief John Ahola indicating answering 2 fire calls; spending approximately 24 man-hours fighting fires; and holding 2 practice and training sessions.

Chief Electrician’s report of department activities.

Public Work foreman’s report on department activities.

City Treasurer’s report on the monthly revenues.

Motion carried.

Attorney Lawrence was directed to pursue the collection of fees due on a billboard lease from Jon Anderson.

Attorney Lawrence advised that he will secure assessments on the parcels of property involved in the proposed land exchange with Michael Casanova.

Robert Kukura asked the Council for assistance in the removal of diseased pine trees on City property near Runkle Lake noting that the infestation is spreading and he is afraid of losing trees on his property because of this. Manager Nordeman responded that forester John Force is looking into the matter for the City.

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

Motion carried.

Meeting adjourned at 9:09 p.m.