City of Ely Minutes and Hearing

<BR><BR>DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, September 4, 2007<BR><BR>6:30 P.M. Regular Meeting<BR><BR>Ely City Council<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>PRESENT: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>ABSENT: None (0)<BR><BR>Mayor Novak welcomed tonight's viewing audience at home and those in the audience.<BR><BR>A quorum for tonight's meeting was declared.<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the regular meeting of August 21st and the special meeting of August 30th, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>Mayor Novak presented the following additions to tonight's agenda:<BR><BR>1. Deputy Clerk - Agreement between St. Louis County, Lake County, The City of Ely and Minnesota Department of Transportation re: salt/sand store building project. <BR><BR>Moved by Debeltz supported by Omerza, that this item be placed under E. Consent Agenda Items, Number 10, on tonight's agenda, to be referred to the City Attorney for review and action at the adjourned city council meeting that will be set at the end of tonight's regular agenda business. Carried unanimously.<BR><BR>2. EUC General Manager - EUC bills payable for August 2007 - this will be placed under IV. B. EUC General Manager ( consent agenda items), Number 4.<BR><BR>3. Council member Sheddy - "What's New in Northeastern Minnesota's Future? Biomass Energy" - Minnesota Pollution Control Agency - Wednesday, September 12, 2007, 6:00 P.M. - 8:30 P.M. Valentini's Supper Club, Chisholm <BR><BR>( to be placed under E. Consent Agenda Items, Number 11, on tonight's agenda referencing Mayor/Council and Staff authorized to attend.) <BR><BR>Moved by Sheddy supported by Zupec, that addition be approved. Carried unanimously.<BR><BR>Mayor Novak commended the membership of the Ely Garden Club for their fabulous flower displays in front of Ely City Hall, Whiteside Park, and the entry signs into Ely on Highway #169, #21 and #1. Moved by Debeltz supported by Zupec, that a letter of thanks be sent the Ely Garden Club for their efforts. Carried unanimously.<BR><BR>Mayor Novak reported on communication that was received from the Coalition of Greater Minnesota Cities requesting that cities send out a letter to Governor Tim Pawlenty ( enclosing a sample format) asking that the Governor consider a special session of the State Legislature to address current important issues. Moved by Lindroos supported by Debeltz, that the Council authorize the Mayor to put together a letter to publish in the local newspaper. Carried unanimously.<BR><BR>Mayor Novak reported on communication he had received from Governor Tim Pawlenty addressed to a group of Mayors with explanation as to why he could not meet with them as scheduled, due to the I 35 bridge collapsing. Matter of information.<BR><BR>Mayor Novak commended Council member Jerome Debeltz for all his efforts and work in the very successful softball tournament this past weekend, in the City of Ely. There were 21 teams present, which brought many people in to the community during this off weekend. Moved by Zupec supported by Omerza, that Council member Debeltz be sent a letter of appreciation, recognition and thanks, from the City of Ely for his efforts.<BR><BR>Carried unanimously. Council member Debeltz also thanked the following individuals for their assistance: Debeltz family, Rick Marolt, Paul Ivancich, City Council Members, Ely Moose Lodge #1580, EUC General Manager Terry Jackson, EUC employee Dan Armstrong, Patti Wellvang, Ely Butler, Public Works Employees Mike Popesh, Tom Baudek and John Braun.<BR><BR>Mayor Novak also commended Nathan Leustek and members of the high school football team, who have recovered the seats in the football stadium. Moved by Debeltz supported by Omerza, that a letter of appreciation be sent to Nathan and participants, for their efforts. Carried unanimously.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>1. LMC Regional Meeting, Tuesday, October 2nd - Buhl (Mayor and/or Council members authorized to attend - make reservations w/Patti by September 24th);<BR><BR>2. Morse-Fall Lake Rural First Responder/First Protection Association, Nick Wognum, Clerk - request for city contribution of $4,000.00 to assist in services;<BR><BR>3. Fire Chief Gerzin - Miner's Dry Fire Code Progress - INFORMATION;<BR><BR>4. Community Christmas Decorations - Ely Chamber of Commerce - due September 2007 ( $6,500.00); July 2008 ($6,500.00) - approve per City Budget Committee recommendation, with EUC to pay &#189; the cost for 2007 and 2008;<BR><BR>5. Ely Chamber of Commerce - Plans for 14th Annual Fall Harvest Moon Festival - September 7th - 9th, Whiteside Park ( request City assistance as in past);<BR><BR>6. Disaster Response Working Group / Community Economic Development Joint Powers Board - Tuesday, September 11th - 8:30 A.M. - 2:00 P.M. VCC<BR><BR>( Mayor and/or Council members and appropriate department heads authorized to attend - make reservation w/Patti by September 7th);<BR><BR>7. CGMC Host Criteria - Summer Conference 2009 ( proposal due January 2008) - refer to Ely Chamber of Commerce to work with City Administrator if interested in submitting a proposal;<BR><BR>8. IRR - Public Works Infrastructure Grants ( due October 19, 2007); Community Business Infrastructure Grants - ( on going basis) - refer to City Administrator, EUC General Manager, City Engineer on application process;<BR><BR>9. Lisa Allinger, General Office Assistant - letter of resignation from position effective August 20th ( accept with letter of thanks be sent for service - refer vacant position to ER Committee to address);<BR><BR>10. Agreement / St. Louis County, City of Ely, Lake County, MNDOT - salt / sand shed ( to refer to City Attorney for review and officially placed on agenda for adjourned meeting that will be scheduled at the end of tonight's agenda);<BR><BR>11. BioMass Energy Meeting - Minnesota Pollution Control Agency - September 12, 2007, Chisholm - Valentini's Supper Club - 6:00 P.M. - 8:30 P.M. ( Mayor and/or Council members and staff authorized to attend) - make reservation w/Patti by Monday, September 10th);<BR><BR>Moved by Zupec that above items be approved and ordered filed excepting #1, #2 and #4.<BR><BR>Council member Omerza questioned item #1, and whether or not a different location of meeting could be selected due to the Council Meeting of that evening. Moved by Debeltz supported by Nikkola, to deny above item #1, stating that if the Mayor and/or Council members wish to attend this meeting at a different site other than Buhl, they be authorized to do so, and not have to miss the October 2nd regular city council meeting. Carried unanimously. <BR><BR>Council member Lindroos addressed consent agenda item #2 by stating that he has done some research on this issue and does not feel that the City should approve of requested city contribution as the Town of Morse First Responders are not insured in the City of Ely in their role as First Responders, and that the City has fire department employees that could serve as First Responders, with the ambulance now being housed locally in the City of Ely. Moved by Sheddy supported by Debeltz, that consent agenda item #2 be approved with stipulation that the City be kept abreast of developments with the First Responders. Moved by Sheddy supported by Debeltz, that original motion be restated to reflect that the City of Ely authorize the expenditure of $4,000 to the Morse-Fall Lake Rural First Responder/Fire Protection Association pending mutual aid agreement as drafted up by the City Attorney. City Attorney Bentz noted that a mutual aid agreement will be drafted that is similar to the fire mutual aid contract. Fire Chief Gerzin commented that he agrees with funding short term, but his concern is that if one of the First Responders gets hurt, there is no workman's compensation or liability coverage to cover that individual if from the Town of Morse or Fall Lake Township. Council member Debeltz suggested that the City talk to different organizations in the community to raise dollars requested by the First Responders. Mayor Novak commented that if regional in concept, perhaps the IRR would have funding available. Council member Nikkola recommdned that the City go with approving the $4,000 request at this time and make a real consorted effort to build a core of First Responders, as the community has the first responsibility. Council member Sheddy commented that the $4,000 contribution is relatively unexpensive and would require time for the City to train them - this would give the City ample time to work out the details. Shaun Chosa spoke on above noting that he is a First Responder and that about 1/3 of all First Responders are city residents - the police are already burdened enough, and he would highly encourage the Council to help the First Responders out by this contribution request. Moved by Zupec supported by Omerza, that original motion be restated to approve of said request with the City Attorney tasked to work with the Morse/Fall Lake Rural Protection Association Inc. in devising a mutual aid agreement agreeable to all parties, to be addressed at the next regular city council meeting. Carried unanimously.<BR><BR>Moved by Sheddy supported by Debeltz, that the Miner's Dry Fire Code Progress report, as filed by Fire Chief Gerzin, be accepted as information. Carried unanimously.<BR><BR>Moved by Sheddy supported by Lindroos, that the funding stay in place as approved <BR><BR>( $6,500.00 in September 2007 and $6,500.00 in July 2008) for holiday decorations in conjunction with the Ely Chamber of Commerce, with the EUC to share in one half cost for 2007 and one half cost for 2008 City contributions, with a letter to be sent to the Ely Chamber of Commerce stating that intentions of the City of Ely to fund stated portion of decorations. Carried unanimously.<BR><BR>Moved by Debeltz supported by Omerza, that the Ely Chamber of Commerce - Plans for 14th Annual Fall Harvest Moon Festival - September 7th - 9th, Whiteside Park ( with City assistance as in past), be approved. Carried unanimously.<BR><BR>Moved by Omerza supported by Lindroos, that the Mayor and/or Council and Staff, be authorized to attend the Disaster Response Working Group / Community Economic Development Joint Powers Board - Tuesday, September 11th - 8:30 A.M. - 2:00 P.M., VCC , with reservations to be made with Patti by Friday, September 7th. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that the CGMC Host Criteria - Summer Conference 2009 ( proposal due January 2008), be referred to the Ely Chamber of Commerce to work with the City Administrator, if interested in submitting a proposal. Carried unanimously. Council members recommended that the City Administrator and Chamber personnel contact all individuals that they feel could assist in putting together this proposal.<BR><BR>Moved by Debeltz supported by Omerza, that the IRR - Public Works Infrastructure Grants ( due October 19, 2007); Community Business Infrastructure Grant ( on going basis) be referred to the City Administrator, the EUC General Manager and City Engineer, on application process. Carried unanimously.<BR><BR>Mayor Novak recommended that the Council prioritize grant applications as Spectrum is going to be submitting a grant request to the IRR for 26 assisted living units, with a $260,000 match. He also noted that the City of Ely is in the process of submitting a grant for infrastructure for the West end of town. Council member Nikkola inquired as to how private grant applications can detract from public grant applications. <BR><BR>City Engineer Harold Langowski stated that this procedure will be taken up for further discussion at the Community Projects Committee Meeting of September 10th.<BR><BR>Moved by Zupec supported by Debeltz, that the resignation of Lisa Allinger as General Office Assistant effective August 20th, be accepted with a letter of thanks to be sent to Lisa for her service to the community, and that this vacant full time position be referred to the Employee Relations Committee to address. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that the Agreement between St. Louis County, Lake County, City of Ely and MNDOT, be referred to the City Attorney for review for Council action on the scheduled date of tonight's adjourned regular meeting, which will be determined later on in tonight's agenda. Carried unanimously.<BR><BR>Moved by Sheddy supported by Omerza, that the Mayor and/or Council Members along with staff, be authorized to attend the Biomass seminar in Chisholm on September 12th, 6:00 P.M. - 8:30 P.M., Valentini's Supper Club. Carried unanimously. * Please make reservation with Deputy Clerk by September 7th.<BR><BR>Darrell Shaun Chosa requested placement on tonight's agenda regarding the following:<BR><BR>Discuss the cell phone records, procedure under Robert's Rules, and the ordinance which disallows speech without unanimous Council approval. He questioned the Council as to why it took so long for him to obtain the mayor's cell phone records, and who redacted the numbers on the copies provided him. City Attorney stated that the Mayor redacted the numbers, with Shaun questioning why City Administrator Butler did not, being the data privacy officer. He questioned the number of calls made between the Mayor and Council member Sheddy compared to calls made with the other Council members.<BR><BR>He stated that he was satisfied with the Veterans Preference procedure used in the most recent hiring process for Custodian, but still does not believe the process to be fair as the top four applicants ranked by independent consultant were from Ely. He further stated that he could seek a request per Veterans Preference for a hearing, and that he could further pursue a $300.00 fine against the Mayor, but as of now, there is no litigation from him against the City of Ely. He does not want to seek the Council seat of Council member Lindroos, as if interested in serving he will do it at a regular city election.<BR><BR>He emphasized the importance of the community members to get involved on City Boards, Committees, and Commissions. He further stated that he had responded to an emergency call at Ely City Hall, at which time the Fire Chief had to break into the Clerk's Office to get information needed, noting the City should give the Fire Chief means to access the Clerk's Office when an emergency arises. He informed Council members that he appreciated their earlier discussion on the First Responders, as this organization needs to work harmoniously with the entities involved. Council member Nikkola commented that as the matter continues to be discussed, a local media received a paper with nine names on it as to the way they were listed on paper - according to information provided him, there was no relevance as to these nine names being ranked by Paul Ness - list consisted of top nine people, not a ranking system listing. This is the way it was presented to the interviewing committee. Shaun stated that per letters he received from the City Administrator, showed that the top four candidates were all from Ely, with numbers arbitrarily given to the hiring committee as to ranking. Council member Nikkola then reiterated that the interviewing committee had dealt with what they were given, with Shaun commenting that there were a lot of inconsistencies in the letters sent him from the City Administrator. He requested that the Council make public, the list from Paul Ness showing ranking of candidates, to clear the air. City Attorney Bentz reported that the scoring by the evaluator does not mean that number one person ranked should be awarded the position - the rankings provided by evaluator just give the Council a cut off point for conducting interviews, and the City must comply with Veterans Preference. The evaluator is looking at the written employment applications and resumes', only going by what is provided on these forms. The City comes up with the number of people to actually interview. Council member Sheddy commented that he does call the Mayor's cell phone often, checking up with him on city affairs, as he wants to stay informed on developments within the City of Ely at all times, and tries to make himself available when needed. Council member Omerza stated that pertaining to current ordinance regarding unanimous vote by Council members for additions to agendas, she does have a copy of the original memorandum then Council member Novak sent to all Council members and newly elected Council members in December, asking them for any comments they may have as to ordinance in place setting council agendas. She will see that Shaun gets a copy of this memorandum. Shaun again requested that the Council put out Ness' rankings for the custodial position to the public, to solve this ongoing issue.<BR><BR>Mayor Novak requested that Shaun reschedule a meeting with him that had to be cancelled from an earlier date. <BR><BR>Council member Nikkola reported that the City Budget Committee had met on August 30th, and has recommended that $3,000 be moved from the elections budget for 2007 to pay for the culvert expenses related to the HRA Project. Moved by Nikkola supported by Zupec, that recommendation be approved. Carried unanimously.<BR><BR>*Council member Nikkola noted that the City Budget Committee will be meeting every Thursday at 3:00 P.M. until a 2008 budget is formalized.<BR><BR>Council member Omerza reported that the Ely Area Development Asssociation and Joint Powers had met on August 22nd, and are recommending a budget that will compensate current executive director at 30 hours per week ( current compensation is for 20 hours per week of which executive director is working many hours in excess since she started).<BR><BR>Council member Lindroos requested more facts, figures and documentation as to what the City is currently contributing towards executive director's salary, with Council members Nikkola and Zupec recommending that this request be tabled until after the City Budget Committee has solid numbers in their current budget process. Mayor Novak stated that the City is experiencing funding cuts in Taconite Aid and LGA. Council member Omerza stated that Council members all have their projects, but without the executive director of the EADA, many of these projects would not have come to fruitation. Council member Zupec stated that there are projects for the community that would have happened whether certainly individuals were there or not. * The request for compensation for executive director of the EADA / Joint Powers will be referred to the City Budget Committee for recommendation back to the Council.<BR><BR>Clerk-Treasurer/Administrator Butler reported that he is awaiting the appraisal for the South side Highway #169 ( city property), with Mayor Novak noting that appraiser Frank Salerno had called him to inform him that he is currently working on this appraisal for the City of Ely. Council member Sheddy reported on behalf of the EEDA - the City now has a " For Sale" sign erected at the old St. Louis County garage site, and he would like to thank public works employee John Braun, along with Byron Moren ( Signs of Ely) for getting this sign completed and up so quickly. There will be an open house to show this property to interested buyers on Thursday, September 20th from 4:00 P.M. - 7:00 P.M. and on Saturday, September 22nd, from Noon - 3:00 P.M., with Deputy Clerk and EADA Executive Director writing up the ads on above to circulate in local and out of town media sources.<BR><BR>Mayor Novak reported on EADA and Joint Powers Meeting Minutes that have been circulated to all Council members and encouraged Council to review thoroughly.<BR><BR>Matter of information.<BR><BR>Mayor Novak provided Council members with material on the Iron Range Community FiberNet ( Range FiberNet Project). He noted that Mr. Dennis Egan will be holding a community meeting in Ely on September 26th ( an ad will be in local papers) , inviting the Joint Powers Memership, VCC and Staff Members amongst others, to attend. Matter of information. <BR><BR>Council member Zupec noted that from reading the Ely Community Projects Committee Meeting minutes, that Hospital Administrator John Fossum had discussed and provided a map pertaining to the hospital expansion project. He would like more information distributed to Council members on this project. <BR><BR>Clerk-Treasurer/Administrator Butler also reported that there was an error in the Airport Budget submitted for review; referencing $30,000 for engineering fees. This matter will be discussed at the City Budget Committee Meeting on Thursday, September 6th.<BR><BR>Matter of information.<BR><BR>City Attorney Rae Bentz provided Council members with a communication noting that Klun Law Firm had received correspondence from Attorney Bill Defenbaugh regarding the sale of an East Spaulding lot to Mr. James Summers in 2005, of which provisions may have not been included in the purchase agreement regarding the requirement to build in three years. Mr. Summers is seeking assurance from the City that it will not attempt to enforce the provisions of this ordinance on his particular lot purchase. Attorney Bentz has been advised that Mr. Summers does not intend to resell the lot and does plan to build a home, however, he does not know if he will be able to meet the requirement to have it substantially completed within the three years. Deputy Clerk will research to see if a copy of the original purchase agreement can be found, to address this issue, with City Attorney to request written confirmation from Mr. Summers as to time frame when he intends to build on this lot.<BR><BR>City Attorney Bentz also presented Council members with a proposed ordinance amending Section 6.05 of the City Charter of the City of Ely, requesting that the Council review proposed ordinance carefully. He noted that consistent with the recommended changes of Section 6.05 he would also recommend that Section 3.01 also be amended as follows: "Any three members of THE COUNCIL may call special meetings of THE COUNCIL...". Council member Debeltz noted that the Charter has always stipulated that four members of THE COUNCIL may call special meetings of THE COUNCIL, and he sees no need to change that number. If there is a legality involved, he questioned as to why this recommended change was not brought forth prior by the City Attorney's Office. Council member Omerza commented that four members of the Council would be required to hold and conduct business at a special meeting, and by requiring four council members to sign off on special meetings, would assure that a quorum would be present.<BR><BR>Council member Nikkola stated that he does not feel four Council members signatures are necessary to call for a special meeting, and would hope that if three Council members sign off on this notice, a quorum would show up. Council member Zupec recommended that the Ely Charter Commission look at this suggestion from the City Attorney and report back to the Council with their recommendation. Moved by Omerza supported by Debeltz, that communication from City Attorney Rae Bentz dated August 28, 2007 re: Charter Amendments, be deferred to the Ely Charter Commission for recommendation back to Council. Carried unanimously.<BR><BR>City Engineer Harold Langowski presented Council with copy of Agreement for Limited Professional Services from Architectural Resources Inc. for the Ely Building Remodel for Minnesota Department of Revenue, Ely, Minnesota. This Agreement will be placed on the September 11, 2007 EEDA Agenda. Matter of information.<BR><BR>Clerk-Treasurer/Administrator Butler requested council approval in city bills and payroll for August 2007, totaling: $431,400.54. Moved by Debeltz supported by Lindroos, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler reported that there were no internal applications received for the position of Equipment Operator II., and the City will now be posting this position externally to the general public, and forwarding all applications received to independent consultant Paul Ness. Moved by Debeltz supported by Omerza, to proceed with this process. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler requested Council approval to hold a closed meeting after tonight's regular agenda business regarding preliminary consideration of allegations or charges against an individual subject to the public authority under Minnesota Statutes 13D.05, Subd. 2. Moved by Omerza supported by Sheddy, that request for closed meeting be approved. Carried unanimously. <BR><BR>Council member Sheddy inquired as to whether any Council action was required tonight in response to the temporary/seasonal clerical city employees that had requested an hourly pay increase. Clerk-Treasurer/Administrator Butler reported that this will be on the agenda for the September 13th Employee Relations Committee Meeting.<BR><BR>EUC General Manager presented the following consent agenda items:<BR><BR>1. Authorize KBM, Inc. Invoice No. 070711 - Modeling of Feeder 5 Customers - $1,940.00;<BR><BR>2. Authorize KBM, Inc. Invoice No. 070712 Feeder Design - $1,152.11;<BR><BR>3. Authorize KBM, Inc. Invoice No. 070713 - Beacon Hill Evaluation - $923.00<BR><BR>4. Bills payable and payroll for August 2007 - contingent upon EUC approval<BR><BR>Moved by Debeltz supported by Zupec, that above items be approved and ordered filed. Carried unanimously.<BR><BR>INFORMATION<BR><BR>1. Forward Herman Blasing Plan for Construction of Roadway Access Across Burntside Aqueduct to RLK for Review and Recommendation<BR><BR>2. Deny request for sharing of cost of Christmas decorative lights - continue providing in-kind services for installing and removing Christmas decorations<BR><BR>3. Terry Jackson and Steve Krtinich to attend AWWA Minnesota Section 91st Annual Conference - Duluth, September 19th - 21st<BR><BR>4. Butch Gornik to attend Minnesota Electric Meter School, Fortune Bay Resort - September 24th - 26th<BR><BR>5. Adopt Salvation Army HeatShare Program Agreement to provide Salvation Army Benefits for eligible EUC Customers.<BR><BR>Communication was received from Fire Chief Gerzin, notifying the Council that there seems to be a little discrepancy in the road name for Miner's Dry and giving the Council three addresses he currently has listed in his file. He is recommending that the city designate 105 Miner's Lake Landing Road as the official address for the Miner's Dry. Moved by Nikkola supported by Omerza, that recommendation be approved. Carried unanimously. <BR><BR>Communication was received from Zoning Administrator Kitty Kennedy, inquiring as to whether the Council wishes to waive the building permit fee on the salt storage building at the Joint Maintenance Facility, in the amount of $1,995.52. Moved by Debeltz supported by Sheddy, that fee be waived on this project. Carried unanimously.<BR><BR>It was noted that the City will request credit in above dollar figure for waiving this fee, on the final price given the City on total project cost. <BR><BR>Mayor Novak requested that tonight's meeting recess for a ten minute break, in order to change the recording tape, with meeting to re adjourn at 8:05 P.M.<BR><BR>Meeting reopened at 8:05 P.M.<BR><BR>PRESENT: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>ABSENT: None (0)<BR><BR>Claims for payment were received on the following:<BR><BR>A. Northeast Service Coop - Annual Membership Dues - $150.00;<BR><BR>B. US Bank - Ely General Obligation Crossover Refunding bond of 2003 - $15,410.00;<BR><BR>C. St. Louis County - Initial Funding Request - utility/storm sewer costs - $378,317.79;<BR><BR>D. WSB and Associates Inc. - Invoice No. 26 - Construction services for Runway Safety Area Expansion - July 31, 2007 - $2,942.75 ( approve contingent upon Airport Commission approval)<BR><BR>Moved by Zupec supported by Debeltz, that above claims be approved and ordered filed. Carried unanimously.<BR><BR>Moved by Zupec supported by Omera, that the City dispense with readings in their entirety of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Agreement was presented from the City of Ely, the City of Winton, the Town of Morse, the Town of Fall Lake, known as the Ely Area Ambulance Service Inc. for overseeing the operations of the ambulance service and to provide public financial assistance and support in cooperation with the Ely Bloomenson Hospital for operating the ambulance service in the Ely area. Moved by Omerza supported by Lindroos, that the Mayor and Clerk-Treasurer/Administrator be authorized to execute agreement on behalf of the City of Ely, pending City Attorney review with the LMC with any LMC recommendations to be incorporated in this agreement. Carried unanimously.<BR><BR>Council member Nikkola recommended that the City of Ely's current Storefront Renovation Loan Program be placed under the auspices of the EEDA. He noted that at a recent Budget Committee Meeting, discussions of this program were that fund was almost an enterprise fund and should be moved under EEDA management as EEDA is an enterprise of the City of Ely. Mayor Novak stated that currently the program is entitled Ely Rehab/Storefront Renovation and what the storefront program does with businesses, the rehab program does with residential homes. Council member Omerza questioned whether the intention was that applicants for Storefront Renovation Loans would need to apply through the EEDA, with Council member Nikkola stating that the current committee would still be in place, but the program would be managed by the EEDA rather than the Council. Council member Lindroos stated that monies, property and centralize brokerage of property should be under one umbrella. Council member Omerza noted that if there is no legal reason why this program could not be placed under the auspices of the EEDA, then it should be placed there. Council member Zupec questioned the intent of this recommendation, as he feels the EEDA is not ready to take on such a task. Moved by Nikkola supported by Sheddy, that the Storefront Renovation Program be turned over to the EEDA to manage. <BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Mayor Novak (6)<BR><BR>NO: Council member Zupec (1)<BR><BR>ABSENT: None (0)<BR><BR>Motion carried.<BR><BR>A proposed contract for building code enforcement and administrative services or "Building Official" from Patrick Conery Services was brought before the Council for review and acceptance. Members of the City appointed "interviewing committee" for building official had met with Pat Conery and are now recommending that the City enter into a contract with him through December 31, 2008. Moved by Omerza supported by Nikkola, that the City of Ely approve recommendation of the City appointed "interviewing committee" in entering into a 16 month contract with Patrick Conery Services, as stipulated above, contingent upon review by City Attorney and rewording of any language attorney feels necessary to protect the interests of the City of Ely. Carried unanimously.<BR><BR>Communication was received from the Ely Igloo Snowmobile Club, notifying the City that at their June meeting, Kelly Klun on behalf of Klun Law Firm, City Attorney's Office, was present to discuss the rental of the City Maintenance Facility located on West White Street. During the meeting the club decided that they would be interested in renting the East end of the public works repair garage with area being 38 x 50 ( a total of three stalls) along with the use of the two stalls west of the maintenance bays for cold storage. The rental amount discussed was $1,800.00 per year or $150.00 per month, with the cost of heat, electric and maintenance to be discussed as part of the agreement.<BR><BR>Moved by Zupec supported by Lindroos, that the rental proposal be approved, with City Administrator and Attorney to meet with club members to discuss cost of heat, electric and maintenance to include in agreement. Carried unanimously.<BR><BR>Moved by Zupec supported by Omerza, that this matter be referred to the City Attorney to craft up appropriate agreement between the City of Ely and Ely Igloo Snowmobile Club reflecting above, for Council action. Carried unanimously.<BR><BR>Council member Omerza offered the following resolution: 2007 - 29<BR><BR>WHEREAS: Moose Lodge #1580, 10 West Pattison Street, Ely, Minnesota 55731 has submitted an application for a Minnesota Lawful Gambling Premises permit at Moose Lodge #1580, 10 West Pattison Street, Ely, Minnesota 55731 and;<BR><BR>WHEREAS: Such Class B License is to be used for conducting pull tabs, tipboards, paddlewheels, raffles at Moose Lodge #1580, 10 West Pattison Street, Ely, Minnesota 55731 and,<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Ely City Council approves of said application and that the Moose Lodge #1580 be authorized to submit necessary paperwork to the State of Minnesota Department of Gaming, Gambling Control Division, contingent upon filing of proper paperwork, with the City of Ely and State of Minnesota, and that any waiting period be waived at this time in order to process this application.<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: Council members Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>ABSTAIN: Council member Debeltz (1)<BR><BR>&#183; noted that he was the gambling manager of the Ely Moose Lodge #1580 <BR><BR>Adopted this 4th day of September 2007.<BR><BR>Council member Omerza then extended the City's thanks to the Ely Moose Lodge for all their contributions to benefit the community, through their charitable gambling process.<BR><BR>Council members concurred.<BR><BR>Mayor Novak had placed ECAT - Council discussion on tonight's agenda, but will be deferring this matter to the September 10th TAB Meeting Agenda.<BR><BR>A resolution setting the City of Ely's 2007 Tax Levy, payable in 2008, was addressed with Council stating that tonight's meeting will be adjourned to address this resolution, as the City Budget Committee is still in the process of setting preliminary budgetary numbers to resolution. Moved by Nikkola supported by Omerza, that the City adjourn tonight's regular meeting to preferably Monday, September 17, 2007, 6:30 P.M. Council Chambers of the Ely City Hall , if allowable under State and County guidelines,<BR><BR> ( designated deadline to remit proposed levy to St. Louis County is September 15th) to address the Tax Levy Resolution and the salt/sand shed agreement as addressed earlier in tonight's agenda; if unable to schedule adjourned meeting for September 17th then adjourned meeting to take place on Thursday, September 13th, 7:00 P.M. Council Chambers of the Ely City Hall. Carried unanimously.<BR><BR>The City of Ely had called for interested applicants to serve on the Telecommunications Advisory Board, with one application received. Moved by Debeltz supported by Nikkola, that Darrel Shaun Chosa be appointed to serve as a member of the TAB, to serve term through January 31, 2008, contingent upon becoming a Charter Communication Subscriber ( ordinance calls for vacancy being that of resident subscriber), to provide the Clerk's Office with proof of being a Charter Subscriber prior to the October 1, 2007 TAB Meeting. Carried unanimously.<BR><BR>The City of Ely had called for interested applicants to serve on the City Parks and Recreation Board, with two applications received. Moved by Omerza supported by Nikkola, that Kristi Mattila be appointed to the City Parks and Recreation Board to serve a term through January 31, 2008. Carried unanimously.<BR><BR>Ely Echo Reporter Tom Coombe then approached the Council pertaining to clarification of letter referenced earlier in tonight's meeting regarding the recent custodial hire.<BR><BR>He presented a July 24, 2007 communication that was directed to candidate Wendy Varey from City Administrator Butler which referenced that the candidates interviewed for the custodial position were listed per ranking of independent consultant. Matter of information.<BR><BR>Mayor Novak then questioned Clerk-Treasurer/Administrator Butler as to if the Council set closed meeting to take place after tonight's regular agenda business had been requested open, with Clerk-Treasurer/Administrator Butler stating that individual wishes meeting to remain closed. Council then adjourned to closed session in the Board Room of the Ely City Hall, at 8:25 P.M. to address preliminary consideration of allegations or charges against an individual subject to the public authority under Minnesota Statutes 13D.05, Subd. 2. <BR><BR>Meeting reopened at 8:40 P.M. Summary of closed meeting was that City Administrator Butler presented to the Council what fact-finding information could be located around the window breaking event on August 11, 2007. The meeting/discussion lasted for 15 minutes, then moved to an open meeting of the Council in which it was Moved by Nikkola supported by Debeltz, to have any disciplinary action regarding the broken window addressed by the City Administrator. Carried unanimously.<BR><BR>Moved by Omerza supported by Sheddy, to adjourn the meeting at 8:57 P.M.<BR><BR>Carried unanimously.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 9/15/2007<BR><BR>DRAFT<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, September 4, 2007<BR><BR>5:30 P.M. Public Hearing<BR><BR>Mayor Novak called the public hearing to order at 5:30 P.M.<BR><BR>PRESENT: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>ABSENT: None (0)<BR><BR>Notice Of Public Hearing<BR><BR>Notice is hereby given that the Ely City Council will be holding a public hearing on Tuesday, September 4, 2007, 5:30 P.M. Council Chambers of the Ely City Hall, to receive public input on the following: 2007 Capital Improvements Plan.<BR><BR>The plan is available for review in the City Clerk's Office, 209 East Chapman Street, Ely. The public is welcome to attend.<BR><BR>RLK Kuusisto Engineer Harold Langowski was present noting that the City of Ely has been working on many projects including proposed projects without dates - these projects have been discussed at many different City committee meetings, and the Capital Improvements Plan developed is a good packet to have. Various funding sources are CDBG, Army Corps of Engineers, IRR noting that as project ideas come up, he will put on the list with tentative completion dates. Harold noted that he will be bringing all proposed projects to the Community Projects Committee for discussion and review.<BR><BR>Council member Zupec questioned the status of the Miner's Dry and issues involving the sprinkler system and security options if no one is there. He also questioned the trail head for that area; and Northhome Townhouses - Harold reported that he is currently drafting an easement which needs to get recorded, but it is not 100% complete at this time.<BR><BR>Council member Sheddy questioned City Engineer on what exactly is in the Miner's Dry Building that could burn. Harold reported that the heat does not need to be on in the building; sprinkler system could be left activated if checked every few days. There were no funding sources available this year for acoustical tile and new flooring - the city has received funds in the past from Mineland Reclamation for tuck pointing the chimney and for the sprinkler system that was recently installed. He suggested that the City reapply to Mineland Reclamation for 2008 funding for acoustical tile and flooring. Harold also recommended that the city could drain the water main down and leave it empty for the winter months - water is 3' off floor. Council member Sheddy suggested cloth panels, but that would not meet the fire code. Harold noted that there would be some options available for ceiling - floor - acoustics that need fixing,<BR><BR>Audience participant Duane Whalen questioned Council members as to how long the city streets can deteriorate before they are fixed; specifically the pot hole situation. City Engineer reported that the City will be receiving Municipal State Aid Funds in 2009 for the Central Avenue Project, which will consist of replacement of storm sewers, utilities.<BR><BR>The City will be responsible for one million dollars covering utilities. The City Streets and Infrastructure Committee provides a $145,000 per year leverage to CDBG for funding. <BR><BR>Council member Zupec noted that there are various entitles looking at purchasing the Ely Mobile Home Park, and that the City needs to start looking for areas to find a suitable location for a mobile home park. Town of Morse was first reluctant to support a project such as a mobile home park a few months back. The interest now appears to be in the private sector for lower income housing.<BR><BR>Moved by Nikkola supported by Debeltz, that the City of Ely accept the Capital Improvement Plan as written. Carried unanimously.<BR><BR>Moved by Omerza supported by Lindroos, that tonight's hearing adjourn. Carried unanimously. Adjournment at 5:43 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely <BR><BR>Ely Echo 9/15/2007<BR><BR>