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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, November 12, 2001, at 4:30 P.M. Central Time. Roll call: Mayor Cram, Councilors Hendrickson, Benda, Nylund and Lind
Also Present: City Manager, City Attorney and City Clerk. Mayor Cram opened the meeting by leading all present in the Pledge of Allegiance. Mayor Cram supported by Councilor Hendrickson moved to approve the minutes of the regular meeting of October 18, 2001 and the minutes of the special meetings of October 23, 2001 and November 5, 2001 as written. There was no Downtown Development representation at this meeting. There was no Contemporary Center representation at this meeting. Mayor Cram temporarily adjourned the meeting to conduct the scheduled public hearing on proposed Ordinance 2.20, an Ordinance to Prohibit the Feeding of Deer in the City of Crystal Falls. Meeting temporarily adjourned at 4:32 p.m. Attorney Lawrence summarized the proposed ordinance explaining that it is simply intended to prohibit intentional deer feeding in the City of Crystal Falls. He noted that natural foods, such as apples, acorns, grasses, etc. do not constitute intentional feeding and are not a violation of the ordinance. Several citizens expressed dissatisfaction of the idea of prohibiting the feeding of deer, that they enjoy watching the animals in their yards. Others in attendance voiced the opposite opinion noting damage to trees and flowers in their yards. Others asked for a provision in the ordinance to allow for baiting during the bow-hunting season. Following the comments regarding Ordinance 2.20 Mayor Cram closed the public hearing at 5:15 p.m. Regular session reconvened at 5:15 p.m. Mayor Cram supported by Councilor Lind moved to adopt proposed Ordinance 2.20, An Ordinance to Prohibit the Feeding of Deer Within The City of Crystal Falls, as presented. Ayes: Mayor Cram, Councilors Nylund, Hendrickson and Lind Nays: Councilor Benda Motion carried. The following is a complete copy of Ordinance No. 2.20 as adopted by the City Council: ORDINANCE NO. 2.20
AN ORDINANCE TO PROHIBIT THE FEEDING OF DEER WITHIN THE CITY OF CRYSTAL FALLS.
SECTION 1. DEFININTIONS
The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Deer means a ruminant animal having deciduous antlers, usually in the male only. Feed or feeding means the intentional act of furnishing, or otherwise making available, food or other substance which is likely to be consumed by deer. Natural means food or other substances consumed by deer produced by, or existing in nature, not artificial. SECTION 2. PROHIBITION OF FEEDING No owner or occupier of land within the City of Crystal Falls shall intentionally feed, cause to be fed or provide or make available food or other substances for the consumption by deer within the city, either on private property or on public property. Feeding deer the following food is expressly prohibited: salt, corn, apples, cabbage, potatoes, acorns, oats, carrots, beets, straw, hay, fodder or any combination thereof. SECTION 3. EXCEPTION This Ordinance shall not apply to any corn, apples, cabbage, potatoes, acorns, oats, carrots, beets, straw, hay fodder or any combination thereof which is natural to that particular land owned or occupied where feeding of deer is occurring. For example, by way of illustration only, this Ordinance shall not apply to apples or acorns generated from an apple tree or oak/acorn tree located upon the subject promises or carrots and corn grown in a garden located upon the subject premises. However, it will be presumed that an owner or occupier of land fed deer contrary to this Ordinance, if any salt, corn, apples, cabbage, potatoes, acorns, oats, carrots, beets, straw, hay, fodder or any combination thereof is found at said premises. SECTION 4. PENALTY Any person violating any provision of 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:
2. A fine for second repeated offense or any subsequent offense shall be $150.00 plus costs. SECTION 5. SEVERABILITY The sections of this Ordinance shall be deemed to be severable and should any section, paragraph, or provision hereof be declared by the Courts to be unconstitutional or invalid, such holding shall not affect the validity of this Ordinance as a whole. This Ordinance shall become effective 30 days after adoption by the City Council as set forth in the City Charter.
Mayor Cram supported by Councilor Hendrickson moved to pay the Downtown Development Authority bill for lights for the month of October, and further authorized Clerk Olson to include these monthly billings with the other city utility bills for payment, with the funds extracted from the DDA budget. Motion carried. Mayor Cram supported by Councilor Benda moved to approve pay requests no. 24 and 25 submitted for the sewer project in the amount of $515,123.67. Motion carried. Mayor Cram supported by Councilor Nylund moved to re-appoint Marianne Cambray and to appoint Charles Nordeman to serve as City of Crystal Falls’ representatives on the Iron County Community Hospital Board of Directors. Motion carried. Councilor Nylund supported by Councilor Hendrickson moved to set the 2001-2002 Ski Hill rates as follows: Daily Pass $10.00 Season Pass $20.00 Family Season Pass $45.00 Motion carried. Councilor Hendrickson supported by Councilor Nylund moved to lease the ski hill concession stand to Carla Schiavo for $1.00 for the upcoming ski season. Motion carried. Attorney Lawrence will draft a lease agreement with Mrs. Schiavo for said concession stand. Appointments to the Downtown Development Authority were tabled until the December meeting of the Council as no applications had been received for said appointments. Mayor Cram presented a proposed "Cemetery Policy". He noted that the present policy does not contain definitions and felt some changes were necessary. Clerk Olson was instructed to forward copies of the current policy to the Councilors and place this item on the agenda for discussion at the December meeting of the Council. Councilor Hendrickson supported by Councilor Benda moved that the payrolls and disbursements in the amount of $326,601.54 for the month of October 2001 be approved, and the City Clerk be instructed to draw checks on the City Treasury in payment of same. Motion carried. Mayor Cram supported by Councilor Nylund, moved to accept the following reports for the month of October 2001: Police Chief’s report indicating 111 complaints, 4 of which were closed by arrest and 3,068 patrolled miles. Joint Fire Authority report submitted by Fire Chief John Ahola indicating answering 3 fire calls; spending approximately 36 man-hours fighting fires; and holding 1 practice and training session. Chief Electrician’s report of department activities. Public Work foreman’s report on department activities. Motion carried. Councilor Hendrickson reported on a Northern Michigan Public Service Academy workshop on the Freedom of Information Act and Open Meetings Act attended by Clerk Olson and herself. She noted that much was learned and a full report would be shared with the Council soon. Mayor Cram supported by Councilor Lind moved to meet in closed session to discuss the pending litigation, C. Oberstar v. City of Crystal Falls. Ayes: 5 Nays: 0 Motion carried. Meeting temporarily adjourned at 6:10 p.m. Meeting reconvened at 6:55 p.m. There being no further business to come before the Council, meeting adjourned at 6:56 p.m.
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