City minutes of Tuesday, June 19, 2007

UNOFFICIAL MINUTES<BR><BR>&#160;<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, June 19, 2007<BR><BR>6:30 P.M.&#160; Regular Meeting<BR><BR>Ely City Council<BR><BR>&#160;<BR><BR>Regular Meeting of the Ely City Council was called to order at 6:30 P.M. by Mayor Charles J. Novak.<BR><BR>&#160;<BR><BR>PRESENT:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>ABSENT:&#160;&#160; None (0)<BR><BR>&#160;<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the regular city council meeting of June 5th be approved without reading.&#160; Carried unanimously.&#160; Minutes to stand as recorded.<BR><BR>&#160;<BR><BR>Mayor Novak requested the following addition to tonight's agenda:&#160; Darrell Shaun Chosa, to be added to the agenda under Request to Appear Before Council, Item C.<BR><BR>Mr. Chosa had submitted his request to appear in a timely manner, but this request was inadvertently left off of the official agenda.&#160; He also noted the following omission:&#160; II.&#160; Requests to Appear Before Council, Item B., Roger J. Skraba, Mesabi Trailhead.&#160; Moved by Debeltz supported by Zupec, that above requests be approved.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Request to appear before Council&#160; was received from Paul Kess, to address hedges in the City of Ely.&#160; Moved by Omerza supported by Debeltz, that request be approved under II.&#160; Requests to Appear Before Council, Item D.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak also reported on four items on table for Council review, that will be taken up under Committee Reports:&#160; Highway 1 Corridor, Community Joint Powers Board, EEDA and City Parks and Recreation Board.&#160; Matter of information.<BR><BR>&#160;<BR><BR>Mayor Novak presented the following proclamation:<BR><BR>&#160;<BR><BR>WHEREAS:&#160; "The Jim Hogan Fun Run" will be taking place in Ely on Saturday, June 30, 2007, this year being the 10th year this event has taken place, and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; "The Jim Hogan Fun Run" involves the riding of motorcycle clubs to raise money for people afflicted with MS in this area, with participants starting their ride from different areas in Minnesota, meeting in Cloquet where they continue on to Ely, and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; This rendevous in Ely is in honor of Ely area resident Jim Hogan who was afflicted with MS in the prime of this teaching career at Ely Memorial High School, and who participates in this annual fund raiser being in the 1st place honorary seat, along with those other individuals inflicted with MS who are lifted onto or into a motorcycle for participation;<BR><BR>&#160;<BR><BR>WHEREAS:&#160; In 2006, the Ely City Council by resolution, declared that the last Saturday of June be recognized as "The Jim Hogan Fun Run Day" in the City of Ely,<BR><BR>&#160;<BR><BR>NOW, THEREFORE BE IT RESOLVED:&#160; That I, Charles J. Novak, Mayor of the City of Ely, do hereby proclaim Saturday, June 30, 2007, as "The Jim Hogan Fun Run Day" and encourage members of the Ely community to participate in this event which will be taking place at Semer's Park, Ely, in the early afternoon hours.<BR><BR>&#160;<BR><BR>Moved by Debeltz supported by Zupec, that above proclamation be approved.<BR><BR>Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak reminded Council members of a Council Member Retreat, scheduled for Wednesday, June 20, 2007, 5:30 P.M.&#160; Grand Ely Lodge.&#160; Matter of information.<BR><BR>&#160;<BR><BR>Mayor Novak informed Council members of an Annexation Workshop scheduled for Tuesday, July 31, 2007, 9:00 A.M. - Noon, at the Grand Ely Lodge, presented by Christine Scotillo, State of Minnesota employee.&#160; Matter of&#160; information.<BR><BR>&#160;<BR><BR>Mayor Novak announced that he will be in St. Paul on June 21st and 22nd, on city business pertaining to Department of Revenue jobs.&#160; He will be unable to attend the Ambulance Committee Meeting scheduled for Thursday, June 21st, of which alternate Council member Zupec will be attending in his place.&#160; Matter of information.<BR><BR>&#160;<BR><BR>The following consent agenda items were brought before the council for approval:<BR><BR>1 Grace Lutheran Church - curb and approach sidewalk request ( refer to City Streets and Infrastructure Committee for review and recommendation back to the Council);<BR><BR>2 Morse-Fall Lake Rural Protection Association, Nick Wognum, Clerk - request for City donation, First Responder's Program ( refer to City Budget Committee for review and recommendation back to Council);<BR><BR> 3 Cecilia Rolando, Executive Director, Northern Lakes Arts Association ( to approve going ahead with planning process with notification to City of sidewalks that will be chalked along with store owner's approval);<BR><BR>4 Sandy Layman, IRR Commissioner - Grant Application for Department of Revenue/additional employees - $443,759.00 ( Mayor and Clerk-Treasurer/Administator authorized to execute application requests);<BR><BR>5 2007 Relay For Life Committee - request to hang banner across Sheridan Street - August 10th - 20th - ( to approve and refer to EUC to hang banner);<BR><BR>6 Michael Zgonc - letter of resignation as Lineworker 4, effective July 10, 2007<BR><BR>&#160;&#160;&#160;&#160; ( accept with letter of appreciation be sent Mike for his service)&#160; * posting of&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;<BR><BR>&#160;&#160;&#160;&#160;&#160; position will be taken up under EUC consent agenda;<BR><BR>7 City Attorney Rae Bentz - request to attend 2007 City Attorneys Legislative Update, St. Paul - June 21st;<BR><BR>8 Fire Chief Gerzin - letter citing issues to Planning and Zoning Commission re:&#160; Fire Department Matters ( INFORMATION);<BR><BR>9 Latest custodial hirings - City of Ely to forward all applications to Mr. Paul Ness, independent evaluator, for scoring, ranking and return back to City for processing.<BR><BR>Moved by Zupec supported by Debeltz, that above items #1 - 8 be approved and ordered filed.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Council member Debeltz questioned item #1 and whether or not the Police Chief needs to be involved.&#160; Mayor Novak stated that request will first be sent to the City Streets and Infrastructure Committee for review and recommendation back to Council.&#160;&#160;&#160;&#160;&#160;&#160; &#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;&#160;<BR><BR>&#160;<BR><BR>Mayor Novak also stated that in regard to item #9, the City Attorney, LMC are currently reviewing city process, and that the city will be taking a pro-action course once review is completed.&#160; City Attorney Bentz reported that he is recommending that all custodial applications received be submitted to Mr. Paul Ness whom the City has utilized in the past for these matters, to be scored and ranked and returned to the City for further processing.&#160; He also stated that it is not in the City's best interest at this time to discuss item #9 any further.&#160;<BR><BR>&#160;<BR><BR>Council member Zupec stated that he thought the process behind sending these applications to Paul Ness was that the City would be reposting the position.&#160; He requested that all Council members be provided any information forthcoming from City Attorney's discussions with the League of Minnesota Cities, prior to the next regular council meeting.&#160; Council member Debeltz questioned status of person that was chosen for the custodian position with Mayor Novak stating that when selection was noted, there was no official starting date.&#160; Council member Debeltz stated that since he has been on the Council all employment applications have been sent to Paul Ness and ranked accordingly;&#160; that it is important the City continue to use this process.&#160; Council member Lindroos expressed a significant concern for the individual that was already hired for this job position, and whether or not he is aware of what is going on.&#160; Clerk-Treasurer/Admin. Butler reported that he has been in contact with that individual.&#160; Council member Omerza questioned as to who will be conducting the interviews once the applications are ranked and sent back to the City of Ely.&#160; She requested that this matter be discussed at next week's Study Session.&#160; Moved by Lindroos supported by Nikkola, that per recommendation of City Attorney Bentz, all applications received for the latest Custodial Worker job posting be referred to Mr. Paul Ness, independent evaluator, for scoring, ranking and return back to the City for processing.<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Mayor Novak (6)<BR><BR>NO:&#160;&#160; Council member Zupec (1)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Motion carried.<BR><BR>&#160;<BR><BR>Andrea Strom requested placement on tonight's agenda representing the Ely Chamber Merchant Board, informing Council members that the group has been looking into the possibility of getting new Christmas decorations for the City of Ely, with decorations with LED lights that are easy to work with, require low maintenance, are less bulky than the current decorations, and will consume a tiny fraction of the energy that the current decorations use.&#160; The Merchant Board has set aside some money for the purchase of these decorations, but are also asking the City of Ely to share the cost of city donation of $6,000.00 for 2008 and $6,000.00 for 2009 city budgets.&#160; The decorations will be snowflake in design.&#160; Moved by Debeltz supported by Zupec, that request be referred to the City Budget Committee for financial consideration, to report back to the Council with recommendation.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Darrell S. Chosa requested placement on tonight's agenda regarding the recent Custodial Worker hiring.&#160; He had sent a letter to the City of Ely regarding Veteran's Points, inquiring as to why the City did not use a 100 point system, as he feels that something was wrong with this hiring process.&#160; The custodial worker is an entry level job, which many of the Ely residents who applied could have qualified for, and he feels that these applicants deserve some answers, as he does not think the hiring committee was fair in their selection.&#160; Council member Debeltz stated that 29 of the applicants were from Ely and that he felt the committee should have looked at these applications first, and that if the City would have sent applications to Mr. Ness right away, he would have processed them properly.&#160; He also commented that he feels that someone from Ely should be given preference for the job, as many of the applicants were tax payers with children, living in the community already.<BR><BR>&#160;<BR><BR>Council member Sheddy reported that he had been asked to sit in on the interviews, and that he feels the candidate selected was done so on merits, and that individual was the best qualified person to do the job.&#160;<BR><BR>&#160;<BR><BR>Mayor Novak commented that tonight's meeting is not a public hearing, and that this matter will be discussed at the Tuesday, June 26th Regular Monthly Ely City Council Study Session.&#160;<BR><BR>&#160;<BR><BR>Paul Kess requested placement on tonight's agenda regarding his continuing concerns about current hedge ordinance, as it does not address controlled intersections;&#160; that prior to current ordinance being adopted, a group of citizens requested that the Council hold a hearing to get public input on this ordinance, but it never happened.&#160; He also questioned&#160; visibility, traffic, safety issues, and that the Ely Police Department be requested to provide statistics on these types of issues to date.&#160; He is again requesting that current Council take his concerns under advisement and address all issues citizens bring forth.&#160; The issue of controlled intersections was never brought to Council, and he would like this matter revisited.&#160; He requested that the Council reconsider some of these issues before enforcing.&#160; Moved by Zupec supported by Omerza, that the Council refer this request to the Ely Planning and Zoning Commission, to report back to Council with recommendation, and that the Commission publish notice as to when they will be conducting such a hearing.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Council member Omerza reported on behalf of the City Parks and Recreation Board:<BR><BR>Board member Bill Tefft had brought up the Minnesota Department of Agriculture's Emerald Ash Borer Monitoring and Exclusion Project that has identified ash tree (s) on property under City ownership or management that will be beneficial for their Detection Tree Program.&#160; All Detection Trees will be cut down and the bark peeled to look for EAB larvae, with Detection Trees to be cut down in the fall of 2007 or 2008, depending on an on-site evaluation in 2007. &#160;Once a tree is cut down only those determined to be positive for EAC will be disposed of by MDA, and trees determined to be negative for EAB will be cut into manageable pieces and left on site.&#160; Trees will be cut close to grade with no stumping or removal occurring in any case.&#160; Moved by Omerza supported by Debeltz, that the City of Ely support and take part in the Minnesota Department of Agriculture Emerald Ash Borer Monitoring and Exclusion Project, with the Mayor and Clerk-Treasurer/Admin. authorized to sign necessary paperwork pertaining to this program.<BR><BR>Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak reported on behalf of the Community Joint Powers Board;&#160; in regarding to the City's application to the IRR for a grant and loan for airport runway improvements, in the amount of $45,000 respectively. The Joint Powers Board is requesting their names be taken off the letter requesting loan, with the loan being with the City of Ely only.&#160; Moved by Nikkola supported by Lindroos, that request be approved, and that the original letter pertaining to this matter be redrafted and last paragraph omitted, with Mayor and Clerk-Treasurer/Administrator to be authorized to re-sign letter to IRR.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Council member Nikkola reported on behalf of the City Budget Committee Meeting of June 14th:&#160; per recommendation of the City Budget Committee it was Moved by Nikkola supported by Sheddy, that $800.00 accumulated in the Semer's Park Rent Account ( R-101-41400-36220) and the $400.00 currently in the City Miscellaneous Revenues Account (R101-41400-36200), a total not to exceed $1,200.00, be used to fix up the changing rooms at Semer's Park, with public works department to provide the support.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Moved by Nikkola supported by Debeltz, that per recommendation of the City Budget Committee, the City Council instruct the Planning and Zoning Commission to update and define building permit and safety inspection requirements, fee schedules, use of entities or services to rectify the property ordinance violation, and methods for collecting fines via utility billing, property taxes, collection agencies or other means.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Moved by Nikkola supported by Zupec, that per recommendation of the City Budget Committee, the City Council post to hire a full time accountant with municipal and computer accounting system experience, and that the Employee Relations Committee be directed to develop a job description and title for this position, to then be presented to the full Council, City Administrator and Attorney for review.&#160; Carried unanimously.<BR><BR>Council member Omerza stressed the importance of referring the process to fill this vacancy to City Attorney Bentz to make sure the hiring process is done correctly.<BR><BR>&#160;<BR><BR>Council member Lindroos reported on behalf of the EEDA Meeting of&#160; June 12th:<BR><BR>EEDA is recommending that the Council review and recommend latest Business Park Manual changes for revision.&#160; Moved by Lindroos supported by Omerza, that request be approved.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>EEDA is recommending that the Council designate Chapman Street a redevelopment district.&#160; Moved by Lindroos supported by Zupec, that recommendation be approved.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>EEDA is also recommending that the Council authorize city staff to support EEDA activities.&#160; Moved by Lindroos supported by Nikkola, that recommendation be approved.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak reported that Highway 1 Corridor Task Force was looking at changing its' official name, requesting that city representatives vote by email for a selection.&#160; Due to the open meeting process, Mayor Novak informed facilitator that this could not be done in this method, and would be bringing it up to the full Council for discussion.&#160; Moved by Sheddy supported by Nikkola, that the City Council representatives that sit on the Highway 1 Corridor Task Force Committee be given power to act in voting for the name they feel would benefit the citizens of Ely.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak noted a notice received from facilitator Pat Henderson of the Highway 1 Corridor Task Force, questioning whether or not Council Member Zupec will be continuing on as a member of the group, due to absences from scheduled meetings.<BR><BR>Council member Zupec reported that he will review his summer work schedule and let the Council know if he will continue at the next regular council meeting.&#160; Matter of information.<BR><BR>&#160;<BR><BR>Council member Nikkola and Sheddy reported on behalf of the City Union Negotiating Committee status of negotiations with the City of Ely and Supervisors of Essential Employees;&#160; group has agreed upon a 2 &#189; percent annual wage increase, and the proposed contract needs to be drafted and provided to Council members for review, for the next regular city council meeting.&#160; Matter of information.<BR><BR>&#160;<BR><BR>Council member Omerza questioned Mayor Novak as to the status of the reports he was to provide Council members on the various meetings he had attended recently, representing the City of Ely.&#160; Mayor Novak stated the reports will be forthcoming.<BR><BR>&#160;<BR><BR>RLK Kuusisto Engineer Harold Langowski recommended that the Ely City Council schedule a public hearing on capital improvements plan for 2008, with hearing to be set at the July 3rd regular city council meeting.&#160; He will be providing Council members a better map showing the hospital area.&#160; Council member Nikkola questioned the status of the 4th Avenue Project, with Harold reporting that the bid date for this project is July 2nd, and project should be getting underway the first week of August.&#160; He noted that St. Louis County is managing this project.&#160; Council member Debeltz questioned as to when the blacktopping will be completed on West Chapman Street/Ely Area Credit Union area, with Harold stating that it was completed on Monday, June 18th.<BR><BR>Mayor Novak then thanked Harold for all his hard work in putting together the City of Ely's State bonding requests for 2008.<BR><BR>&#160;<BR><BR>Clerk-Treasurer/Administrator Butler requested placement of hiring draft policy, on tonight's agenda. &#160;&#160;The League of Minnesota Cities will be reviewing this proposed draft with the City Attorney, to bring back to the Council for review, with draft considered as information at this time.<BR><BR>&#160;<BR><BR>Clerk-Treasurer/Administrator Butler requested placement of&#160; the office assistant position on tonight's agenda.&#160; He has recommended that the title be changed to Coordinator, with Mayor Novak noting that if the job title is changed, you change the job and it will need to be posted.&#160; Council member Lindroos questioned the need for a master's degree in the qualification section and suggested that other cities be approached as to what they require for minimum qualifications for such a position.&#160; Council consensus was to table this item at this time.&#160;<BR><BR>&#160;<BR><BR>The EUC General Manager presented the following EUC consent agenda items:<BR><BR>1 Purchase ground fault located from United Electric - $1,042.00;<BR><BR>2 Purchase one reel (1,800 feet) of #2 aluminum triplex from WESCO - $1,295.00;<BR><BR>3 Recommend city purchase 6'6" waterous hydrant from Mn. Pipe - $1,555.00;<BR><BR>4 Post internally for replacement of Mike Zgonc - Lineman IV in AFSCME Contract - to post externally if no applicants apply from within.&#160; EUC requires a comparable replacement for this position ( Journeyman Lineman);<BR><BR>5 Place Reconductor 5 Electrical Upgrade project out on bid, contingent on changes and modifications recommended by City Attorney.&#160; This project will reconductor between 10th and 17th Avenues in the alley between Camp and Sheridan Streets and north to Washington Street;<BR><BR>6 Approval bills payable forMay, 2007 - $216,077.56 * already approved June 5, 2007 by Council;<BR><BR>7 Pay RLK Invoice No. 13 - Semer's Park Sewer - $2,101.50;<BR><BR>8 Pay RLK Invoice No. 12 - 4th Avenue East Infrastructure Improvements - $1,353.75;<BR><BR>9 Pay Infratech Invoice No. PR70346 - $12,713.40 ( rehab of 3 manholes on Sheridan Street);<BR><BR>10 Pay John Henry Foster Invoice No. 1499648-0001-01 - $787.01 ( repair of air compressor at WWTP);<BR><BR>11 Pay KBM, Inc. Invoice #050724 - $262.00 ( Evaluate Beacon Hill capability);<BR><BR>12 Pay KBM, Inc. Invoice #050723 - $720.50 ( Distribution system design)<BR><BR>INFORMATION<BR><BR>1 Address items from safety Audit by MP employee, Wade Roseth;<BR><BR>2 Purchase another 20 Badger Model 25 meters and hose adaptors for lawn sprinkling customers from Hydro Metering Technology - $1,233.80;<BR><BR>3 Accept KBM report on capability to serve LCP customers on Beacon Hill and request cost estimate from KBM;<BR><BR>4 Purchase seven (7) globes from United Electric to be compatible with 85 watt Phillips QL System components - to be installed 7th to 8th Avenue on Sheridan Street by Whiteside Park - $1,225.00;<BR><BR>5 Authorize expenses for any EUC Commissioner, GM and Master of Record, who is a member of Dual Fuel/Off-Peak Power Committee to attend MMUA 75th Annual Summer Meeting at Breezy Point - August 20th - 22nd, 2007;<BR><BR>6 Send letter to Federal Energy Regulatory Commission ( FERC) re:&#160; Minnesota Power fuel adjustment;<BR><BR>7 Customer Relations Committee will meet next week re:<BR><BR> A Letter from Betty Salerno re:&#160; water bill<BR><BR> B Zups' request to postpone installation of grease interceptor<BR><BR> C Commercial sprinkling rate<BR><BR>8 Reinvest $250,000 CD with Queen City Federal for 2 years at 5% interest.<BR><BR>Moved by Debeltz supported by Zupec, that consent agenda items #1 - #12 be approved and ordered filed.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak questioned item #5 listed under EUC Informational Items as to why the Master of Record would be attending the MMUA 75th Annual Summer Meeting at Breezy Point on August 20th - 22nd;&#160; he feels that requested attendance at this meeting has gone beyond the scope of the job, with Council member Sheddy also questioning as to why the Master of Record for the city ( Richard J. Pucel) would have to attend.&#160; Council requested that this matter be placed on the Joint Study Session Agenda between the Ely City Council and Ely Utilities Commission, scheduled for Tuesday, June 26th, 6:00 P.M.&#160; City Hall.&#160; Council member Debeltz thanked EUC General Manager and EUC for sending the letter to the Federal Regulatory Commission re: Mn. Power fuel adjustment.<BR><BR>&#160;<BR><BR>Communication was received from the Ely Igloo Snowmobile Club, Raymond Mondati, President and Warren Johnson, Vice President, informing Council members that the Club is interested in long term lease agreement of the west three stalls ( approximately 2,000 square feet) of the City of Ely Maintenance Facility located at West White Street, and would like to meet with the Council regarding the rental guidelines for consideration of occupying this building, prior to October 2007.&#160; Moved by Debeltz supported by Zupec, that the Clerk-Treasurer/Administrator and City Attorney be directed to negotiate a contract with the Ely Igloo Snowmobile Club, to bring back to the Council for consideration until a determination is made by the City on the disposition of building.<BR><BR>Carried unanimously.&#160; Council member Omerza questioned whether monies the City receives for rent would be applied to paying down the debt on the Joint Public Works Maintenance Facility; it was noted that only the sale of land proceeds would be used to pay down this debt on the Maintenance Facility Project.&#160; Council member Lindroos questioned whether the City plans on advertising that the building is available for renters, with Council consensus being that City determination of what will be done with the current public works garage be placed on the July or August Study Session for discussion.<BR><BR>&#160;<BR><BR>Communication was received from Larry Reedy, requesting that he be allowed to rent the Ely Miner's Dry Building for an auction sale on July 7, 2007, with review of City rental schedule being that of $160.00 for this event.&#160; Although he will need the Dry for this one day auction event, he will need to have the building for approximately one week prior, to set up the sale.&#160; Moved by Omerza supported by Debeltz, that the current rental agreement for the use of Semer's and Miner's Dry be reviewed by the City Attorney.&#160; Carried unanimously.&#160; Council member Zupec informed Council members that he has spoken to Fire Chief Gerzin and there are still a punch list of items that need to be completed, with some big ticket items that need to be addressed prior to renting out the Miner's Dry Building, with Fire Chief Gerzin requested to advise the Council as to what yet is needed before the Miner's Dry can be open for public use.&#160; Moved by Nikkola supported by Omerza, that request from Larry Reedy be approved with the provision that the building is signed off and ready to use pursuant to concurrence by the Fire Chief.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>The following Claims for Payment were presented to the Council for approval:<BR><BR>A.&#160;&#160;&#160;&#160;&#160; League of Minnesota Cities<BR><BR>1.&#160;&#160;&#160;&#160;&#160; 2nd quarter municipality insurance - $26,923.50;<BR><BR>2.&#160;&#160;&#160;&#160;&#160; 3rd quarter installment worker's compensation insurance - $19,222.25;<BR><BR>B.&#160;&#160;&#160;&#160;&#160;&#160; St. Louis County - North Crushing 2007, Initial Pay Request - $8,772.30;<BR><BR>C.&#160;&#160;&#160;&#160;&#160; Architectural Resources Inc. - Payment #2 to Building Restoration Corp. - $38,042.75;<BR><BR>D.&#160;&#160;&#160;&#160;&#160; MN DNR - Hidden Valley Skiing Facility Lease - $2,324.78 ( July 1, 2007 - June 30, 2008);<BR><BR>E.&#160;&#160;&#160;&#160;&#160;&#160; WSB and Associates - Invoice #23 - period ending April 2007 - construction services for runway safety area expansion - $2,994.11<BR><BR>&#183;&#160;&#160;&#160;&#160;&#160;&#160;&#160; approve contingent upon Airport Commission approval<BR><BR>F.&#160;&#160;&#160;Architectural Resources Inc. - Ely Community Center Tuckpointing<BR><BR>1.&#160;Payment #2 - Building Restoration Corp. - $38,042.75;<BR><BR>2.&#160;&#160;Change Order #2 - addition of $16,373.00 added to Building Restoration Corporation - Mayor and Clerk-Treasurer/Admin. authorized to sign<BR><BR>Moved by Debeltz supported by Omerza, that above items A - F&#160; be approved for payment.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Mayor Novak requested that tonight's meeting recess from 8:00 P.M. to 8:05 P.M. in order for the technical to change the recording tape.&#160; Moved by Omerza supported by Debeltz, that request be approved.&#160; Carried unanimously.<BR><BR>&#160;<BR><BR>Meeting reopened at 8:05 P.M.<BR><BR>&#160;<BR><BR>PRESENT:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>ABSENT:&#160; None (0)<BR><BR>&#160;<BR><BR>Council member Nikkola offered the following Ordinance:&#160;<BR><BR>Proposed Ordinance No. 202, Second Series, An Ordinance of the City of Ely, Minnesota, Amending The Ely City Code, Chapter 5, Section 5.05.<BR><BR>&#160;<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>&#160;<BR><BR>SECTION 1.&#160; Section 5.05 of the Ely City Code shall be amended to read as follows:<BR><BR>&#160;<BR><BR>No license shall be granted for any building located on a lot immediately adjacent to a lot upon which there is any public school or church structure.&#160; For purposes of this Section, a lot located across a street or alley from a public school or church structure is not immediately adjacent.&#160; The erection, location, or relocation of a school or church within the prohibited area after the original license application has been granted shall not, in and of itself, cause the existing license to be in violation of this Section, nor shall it render such premises ineligible for renewal of the license.<BR><BR>&#160;<BR><BR>SECTION 2.&#160; Effective Date:&#160; Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council member Nikkola, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160;&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Proposed Ordinance #202, Second Series, adopted and given a second and final reading and publication, this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Council member Lindroos offered the following Ordinance:&#160; Proposed Ordinance #202, Second Series, An Ordinance of the City of Ely, Minnesota, Adding To the Ely City Code, Chapter 20, Section 20.13.12, Entitled Vacation of a Portion of City-Owned Property.<BR><BR>&#160;<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>&#160;<BR><BR>Section 1.&#160; That portion of City-owned property which has by operation of statutes become a street, between Highway 1, Sheridan Street, Harvey Street and 15th Avenue, described as follows is hereby vacated, to wit:<BR><BR>&#160;<BR><BR>That part of the unplatted portion of the Northeast Quarter of the Northeast Quarter of Section 34, Township 63 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the East Line of said Northeast Quarter of the Northeast Quarter to bear South 00 degrees 39'23" East and from the Northeast Quarter of the Northeast Quarter of the Northeast Quarter, run South 00 degrees 39'23" East along said East Line, a distance of 1,025.85 feet;&#160; thence South 89 degrees 33'37" West, a distance of 75.00 feet to a point on the West Right-of-Way of Minnesota State Highway Number 1, being the Point of Beginning.<BR><BR>Thence continue South 89 degrees 33'37" West, a distance of 123.21 feet to a point on the South Line of Block 2 of the plat of Zaverl's Fifth Addition and a nontangential curve concave to the Southwest;<BR><BR>Thence Northwesterly along said nontangential curve, central angle of 42 degrees 41'17" chord, bearing of North 48 degrees 08'42" West, chord distance of 779.56 feet, radius of 1,070.92 feet, a distance of 797.89 feet to a point on the West Line of the officially recorded plat of Zaverl's fifth Addition extended northerly to the South Right-of-Way of Sheridan Street;<BR><BR>Thence North 00 degrees 26'23" West along said West Line extended a distance of 70.83 feet to the South Right-of-Way of Sheridan Street.<BR><BR>Thence North 89 degrees 33'19" East along said South Right-of-Way, a distance of 429.98 feet;<BR><BR>thence South 16 degrees 12'17" East, a distance of 97.51 feet;<BR><BR>thence South 42 degrees 41'12" East, a distance of 275.07 feet;<BR><BR>thence South 64 degrees 31'34" East, a distance of 63.83 feet to said West Right-of-Way of Minnesota State Highway Number 1;<BR><BR>thence South 00 degrees 39'23" East along said West Right-of-Way, a distance of 270.11 feet to the Point of Beginning.<BR><BR>Said parcel contains 3.93 acres.<BR><BR>&#160;<BR><BR>Subject to and Reserving easements in favor of the City of Ely for utilities, water lines and sewer lines in, over and under said property.<BR><BR>&#160;<BR><BR>SECTION 2.&#160; BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this ordinance.<BR><BR>SECTION 3.&#160; CODIFICATION.&#160; This Ordinance shall be codified as Section 20.13.12 of the Ely City Code.<BR><BR>SECTION 4.&#160; EFFECTIVE DATE:&#160; Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective thirty (30) days after final adoption and publication.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council member Lindroos, seconded by Council member Nikkola, and declared carried on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Mayor Novak (6)<BR><BR>NO:&#160;&#160; Council member Zupec (1)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Proposed Ordinance #203, Second Series, adopted and given a second and final reading and publication, this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Communication was received from Zoning Administrator Kitty Kennedy on behalf of the Ely Planning and Zoning Commission,&#160; informing Council members that the Commission has held two public hearings on June 7, 2007, for the Ely Bloomenson Community Hospital, first hearing being a request for a conditional use permit to operate an assisted living facility in a Residential 2 zoning district which was granted;&#160; the second hearing was a request to change the zoning of a proposed parcel of land from its current Public 1 zoning designation to Residential 2 zoning designation.&#160; The parcel has not yet been recorded with St. Louis County and, if the proposed assisted living facility is to continue moving forward, this described parcel will be transferred to Spectrum Health Care, providing Council members with a map and legal description for the proposed parcel.<BR><BR>The Commission is recommending that the City Council approve rezoning from its current Public 1 zoning designation to Residential 2 zoning designation, allowing for the development of an assisted living facility, and that the request be then forwarded to the City Attorney to draft up an ordinance for Council action.&#160; Moved by Sheddy supported by Debeltz, that Council approve recommendation and that request now be referred to City Attorney to draft up appropriate ordinance for Council action.<BR><BR>Council member Omerza noted that she will be abstaining from this vote as she is an affected property owner in that particular area.&#160; Council member Zupec stated that he will be voting no on this issue - he is in favor of the project but not the process.<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Sheddy, Mayor Novak (5)<BR><BR>NO:&#160;&#160; Council member Zupec (1)<BR><BR>ABSTAIN:&#160; Council member Omerza (1)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Motion carried.<BR><BR>&#160;<BR><BR>Council member Debeltz offered the following resolution:&#160; 2007-21<BR><BR>&#160;<BR><BR>A Resolution requesting funds from the State of Minnesota for Infrastructure Improvements to improve access to the Ely Bloomenson Hospital and provide for development and redevelopment on the west end of Ely.<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Ely City Council is working to improve emergency access to the Ely Bloomenson Hospital and redevelop the current Ely Public Works Garage Site, and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Ely City Council and Morse Town Board are working together to provide residential and recreational opportunities on the west end of Ely, and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; St. Louis County has scheduled the reconstruction of Central Avenue<BR><BR>( C.S.A.H. 21) for 2009 and replacement of the City of Ely's utilities in this area are required, and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The combined total of these improvement projects is estimated to cost $4,624,000 with St. Louis County funding $2,100,000 of the Central Avenue roadway improvements project and the City of Ely being responsible for the remaining funds.<BR><BR>&#160;<BR><BR>NOW, THEREFORE BE IT RESOLVED:&#160; The City of Ely does hereby request $1,564,000 from the 2008 Legislative Bonding Bill to complete the design and construction of the City of Ely's Hospital Access and West End Infrastructure Improvements Project.&#160; This Project is the City of Ely's number one priority for the 2008 Legislative Bonding Bill.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Debeltz, seconded by Council member Nikkola, and declared carried on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160;&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Adopted this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Council member Nikkola offered the following resolution:&#160; 2007 - 22<BR><BR>&#160;<BR><BR>A Resolution requesting funds from the State of&#160; Minnesota for Infrastructure Improvements to 17th Avenue East.&#160; This project will improve access to the Vermilion Community College and provide for a truck route.<BR><BR>&#160;<BR><BR>WHEREAS:&#160; Vermilion Community College is an important educational institution in the State of Minnesota and,<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Ely City Council is working with the college to improve roadway access and safety to the college housing and recreation facilities and,<BR><BR>&#160;<BR><BR>WHEREAS:&#160; 17th Avenue East is a truck route accessing the Ely Business Park and Rod Loe Industrial Park.<BR><BR>&#160;<BR><BR>NOW, THEREFORE BE IT RESOLVED:&#160; The City of Ely does hereby request $500,000 from the 2008 Legislative Bonding Bill to complete the design and construction of the 17th Avenue East Roadway and Utilities Improvement Project.&#160; The overall project cost is estimated to be $1,000,000.&#160; This project is the City of Ely's number two priority for the 2008 Legislative Bonding Bill.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Nikkola, seconded by Council member Lindroos, and declared on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160;&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Adopted this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Council member Omerza offered the following resolution:&#160; 2007 - 23<BR><BR>Resolution In Support Of A 2007 Special Legislative Session To Consider The Omnibus Tax Bill<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Minnesota Legislature, in its 2007 regular session, passed the 2007 Omnibus Tax Bill ( House File No. 2258); and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Omnibus Tax Bill contained provisions, including:<BR><BR>- homestead property tax refunds<BR><BR>-&#160;increases in local government aid, which would benefit cities, counties and townships<BR><BR>-&#160;veteran's benefits<BR><BR>-&#160;higher education tuition deductions<BR><BR>-&#160;incentives for farm and business expansion, and<BR><BR>WHEREAS:&#160; The regular legislative session of the 2007 Legislature has now ended; and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Omnibus Tax Bill was vetoed by Minnesota Governor Tim Pawlenty on May 30, 2007; and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; Enactment of the Omnibus Tax Bill would be a great benefit for the taxpayers of Minnesota, especially property tax payers; and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; A special session should only be convened if there is a pre-agreed agenda that includes provisions similar to the tax bill passed at the end of the Legislative session, including $70 million in the Local Government Aid program and no levy limits; and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; A Special Session would permit the enactment of the Omnibus Tax Bill,<BR><BR>&#160;<BR><BR>NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELY, MINNESOTA, THAT this Council requests that the Governor of the State of Minnesota, Tim Pawlenty, convene a special legislative session without delay to enact the 2007 Omnibus Tax Bill.<BR><BR>&#160;<BR><BR>AND BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELY THAT this Council urges the Governor and State Legislature to reach an agreement on a tax bill that includes at least $70 million in the Local Government Aid program and does not constrict the ability of municipalities to generate revenue for municipal services.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Omerza, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160;&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Adopted this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Council member Debeltz offered the following Resolution:&#160; 2007-24<BR><BR>Resolution of the City of Ely, Minnesota, Authorizing Execution of a Mutual Aid Agreement<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The City of Ely is a Municipal Corporation governed under the Charter of the City of Ely with powers vested in its City Council; and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The City of Ely is desirous of aiding other area law enforcement agencies; and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The City of Ely is desirous in receiving aid from other area law enforcement agencies.<BR><BR>&#160;<BR><BR>NOW, THEREFORE BE IT RESOLVED:&#160; By the City Council of the City of Ely, that:<BR><BR>&#160;<BR><BR>The Mayor and Clerk-Treasurer are hereby authorized to execute the Law Enforcement Mutual Aid Agreement.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Debeltz, seconded by Council member Lindroos, and declared carried on the following vote contingent to review by City insurance agent through City Attorney's Office, prior to June 30, 2007.<BR><BR>&#160;<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Adopted this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Council member Sheddy offered the following resolution:&#160; 2007-25<BR><BR>&#160;<BR><BR>Resolution of the City of Ely, Minnesota, Appointment Of Responsible Authority and Compliance Officer<BR><BR>&#160;<BR><BR>WHEREAS:&#160; Minnesota Statutes, Section 13.02, Subdivision 16, as amended, requires that the City of Ely appoint one person as the Responsible Authority and Compliance Officer to administer the requirements for collection, storage, use and dissemination of data on individuals, within the City, and<BR><BR>&#160;<BR><BR>WHEREAS:&#160; The Ely City Council shares concern expressed by the legislature on the responsible use of all City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the statute.<BR><BR>&#160;<BR><BR>NOW, THEREFORE BE IT RESOLVED:&#160; The City Council of the City of Ely, hereby appoints the Clerk-Treasurer/Administrator, as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rules as lawfully promulgated by the Commissioner of Administration as published in the State Register on August 31, 1981.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Sheddy, seconded by Council member Zupec, and declared carried on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160;&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Adopted this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Council member Nikkola offered the following ordinance:&#160; Proposed Ordinance #204, Second Series, An Interim Ordinance Of The City of Ely, Minnesota, Adding To the Ely City Code, Chapter 14, Section 14.10, Regulating The Issuance of Any Sign Permits, Approval or Permit For, or the Installation, Construction or Expansion of any Illuminated Flashing, Blinking or Moving Advertising Sign Containing Changeable Messages Within The City of Ely.<BR><BR>&#160;<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1.&#160; A new Section shall be added to Chapter 14, as Section 14.10, of the Ely City Code to read as follows:<BR><BR>A.&#160;&#160;&#160;&#160; The purpose of this ordinance is to protect the health, safety, and welfare of the citizens.<BR><BR>B.&#160;&#160;&#160;&#160; Currently there are within the City a number of illuminated advertising signs, some containing flashing lights with a moving and changeable message.<BR><BR>C.&#160;&#160;&#160;&#160; The City Council is concerned about the effects of illuminated advertising signs upon the traveling public.&#160; These signs post a hazard to the traveling public by the use of static or changing electronic, digital, video display signs, or flashing, motion, animated, and changeable copy signs.&#160; These attention-getting and eye-catching signs may threaten the safety of motorists, cyclists, pedestrians and other users of public streets and property by diverting motor vehicle drivers' attentions away from the road.&#160; There are research studies that show the presence of such signs do result in an increase in automobile accidents.<BR><BR>D.&#160;&#160;&#160;&#160; The Council has authorized a study by the Planning and Zoning Department for the purpose of considering the amendment or adoption of official controls relating to the need for additional sign regulations addressing illuminated advertising signs with changeable messages.<BR><BR>E.&#160;&#160;&#160;&#160;&#160; The Council is concerned that the placement of any above described advertising signs during the pendency of the above-mentioned study may compromise the results of that study and may harm the public's health, welfare and safety.<BR><BR>F.&#160;&#160;&#160;&#160;&#160; Minnesota Statutes, Section 262.355, Subd. 4, authorizes the City to adopt interim zoning ordinances applicable to all or a part of the City for the purpose of protecting the health, safety, and welfare of its citizens, which ordinance may regulate, restrict or prohibit any use or development within the city for a maximum period not to exceed one year, with a possible extension up to an additional period of 18 months.<BR><BR>G.&#160;&#160;&#160;&#160; It is hereby found and determined that it is in the best interest of the sound, aesthetic and efficient development of the City as a whole, as well as the public's health, safety and welfare interests, that the authority granted by the above-mentioned Minnesota Statute be used by the City in conjunction with the above-authorized study.<BR><BR>H.&#160;&#160;&#160;&#160; The City hereby prohibits the issuance or approval of any sign permit for any advertising sign that has illuminated, flashing or blinking or moving lights or a changeable message area as those terms are defined in this ordinance.&#160; The City also prohibits the installation, construction, reconstruction or expansion of any advertising sign that has illuminated, flashing, blinking or moving lights or a changeable message area as those terms are defined in this ordinance.<BR><BR>I.&#160;&#160;&#160;&#160;&#160;&#160;&#160; For purposes of this Section, the term "illuminated flashing lights" means any flashing, blinking, moving or traveling lights, a digital LED display or other means that does not provide constant illumination.&#160; The term "flashing lights," as used in the context of this ordinance, means any illumination that is not kept stationary or constant in intensity and color at all times.&#160; The term "illuminated", as used in the context of this ordinance, means characters, letters, figures, designs or outlines displayed by electric lights or luminous tubes as part of the advertising sign.&#160; The term "moving lights", as used in the context of this ordinance, includes movement or transition from one advertisement to another.&#160; The term "changeable message," as used in the context of this ordinance, means multiple advertisements displayed on an advertising sign that interchangeably appear based upon a predetermined frequency or cycle.<BR><BR>SECTION 2.&#160; Effective Date:&#160; Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication.<BR><BR>&#160;<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council member Nikkola, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES:&#160; Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO:&#160;&#160; None (0)<BR><BR>ABSENT:&#160; None (0)<BR><BR>Proposed Ordinance #204, Second Series, adopted and given a first reading and publication, this 19th day of June 2007.<BR><BR>&#160;<BR><BR>Moved by Debeltz supported by Lindroos, that tonight's meeting adjourn.&#160; Carried unanimously.&#160; Adjournment at 8:20 P.M.<BR><BR>&#160;<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>&#160;Ely Echo 6/30/2007&#160;