City minutes of Nov. 6, 2007

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, November 6, 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>A quorum was declared.<BR><BR>Mayor Novak thanked tonight's listening audience and those members of the public in attendance at tonight's Regular Ely City Council Meeting. He also referenced the flag presented to the City of Ely by Elyite Marty Breaker in 2006, that is currently erected on the wall directly behind the Council table. <BR><BR>Moved by Zupec supported by Lindroos, that the minutes of the regular meeting of October 16th and special meeting of October 30th, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following addition was added to tonight's agenda: Clerk-Treasurer/Administrator Butler requested that the topic of fuel for old County garage site, be placed under IV. Departmental Reports, A. Clerk-Treasurer/Administrator, Item #6. Moved by Debeltz supported by Zupec, that addition be approved. Carried unanimously.<BR><BR>Mayor Novak recognized Craig Lougherty of the Ely Rotary Club, who will be presenting the final payment from the Ely Rotary Club to the City of Ely, towards the purchase of a thermal imaging camera for the Ely Fire Department. Craig also thanked the Ely Merchants who donated for the Rotary Auction and those individuals taking part in the actual auction. Moved by Debeltz supported by Omerza, that the City of Ely publicly thank the Ely Rotary Club for their generous donation to the Ely Fire Department, and that a letter of thanks be sent the Rotary Club for their generous donation. Carried unanimously.<BR><BR>Mayor Novak then introduced Ash Sajjad, who is the Regional O & M Coordinator and the Regional Pretreatment Coordinator in the Water Division Permit Section at USEPA in Chicago nothing that he also directs a Center for Excellence for Residuals Management at US EPA Region 5, and holds a master's degree in Environmental Engineering from the Illinois Institute of Technology, Chicago. Ash has published over forty papers in wastewater treatment, pollution prevention, toxics reduction and other environmental areas. Mr. Sajjad then addressed the Council in that he has the distinct pleasure tonight of representing the EPA Award of Excellence to the Ely facilities for their excellent performance - being presented the Regional Award for the best secondary plant in the Great Lakes Region. He further noted that this was an outstanding achievement for Ely's WWTP and proceeded to present awards to the following: City of Ely - Mayor Charles Novak; individual awards of excellence presented to: Council members Jerome Debeltz, John Lindroos, Warren Nikkola, Heidi Omerza, Gordon Sheddy, Mark Zupec, Mayor Novak; Ely Utilities Commisson - EUC members Tony Colarich, Larry Polyner, Richard Zahn, Rob Wilmunen, Wes Snyder; EUC General Manager Terry Jackson, WWTP Operators Mick Shusta and Steve Krtinich. Moved by Debeltz supported by Zupec, that the City of Ely send a letter of thanks to US EPA Region 5, for their recognition to the City of Ely. Carried unanimously.<BR><BR>Mayor Novak and Council also thanked EUC General Manager Terry Jackson and staff for their hard work and excellence in operating the plants. <BR><BR>Mayor Novak reported that he had met with ten other Mayor's in St. Paul last week, whom had a 45 minute audience with Governor Tim Pawlenty pertaining to the importance of LGA in the tax bill. The group is requesting that the Governor call four legislative leaders ( House and Senate ) to forge an agreement in writing, to include with the tax bill. He also encouraged Council members to contact Tom Bakk and David Dill, reiterating the urgency of this matter and that cities would like a resolution to this matter before they have to certify a final levy. <BR><BR>Mayor Novak also distributed to Council members a release he had received from the Minnesota Department of Revenue, pertaining to 10 seasonal jobs being housed along with the addition of the 27 new jobs, at the Minnesota Department of Revenue offices in current SATO building. Matter of information.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>1. Lease between City of Ely and USFS - garage stall, Ely Airport - October 1, 2007 - September 30, 2008 ( Mayor and Clerk-Treasurer/Administrator authorized to execute);<BR><BR>2. Ely Community Resource Inc. - 3rd quarter 2007 Progress Report - INFORMATION;<BR><BR>3. Ely Cemetery Committee - Ely Municipal Cemetery Rules and Regulations, revised October 2007 ( recommendation for approval by Ely Cemetery Committee and reviewed by Deputy Clerk);<BR><BR>4. EUC General Manager Terry Jackson - proposal for professional services ( to refer to ER Committee for review and recommendation back to Council);<BR><BR>5. Ely Chamber of Commerce - request to hold Community Christmas Parade, Friday, November 23rd ( to approve and refer to Police Chief and General Foreman Public Works to coordinate);<BR><BR>6. Fire Chief Lou Gerzin - request to attend Mn. Fire Code Training Class<BR><BR>Moved by Zupec supported by Debeltz, that items #2 - #6 be approved and ordered filed. Carried unanimously.<BR><BR>Council member Zupec questioned item #1 and the rates currently being charged for garage and hangar rentals by the Ely Airport Commission. Moved by Debeltz supported by Nikkola, that above item be approved and ordered filed.<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Mayor Novak (6)<BR><BR>NO: Council member Zupec (1)<BR><BR>ABSTAIN: None (0)<BR><BR>Motion carried.<BR><BR>Deputy Clerk noted that she sends out the billings to individuals for hangar and garage rentals, and that the garage rentals are $75.00 per month for all parties renting these units. Matter of information.<BR><BR>Mary Cich and Mike Jankovec representing Boundary Waters Blues Festival, Inc., announced that the "Moving Wall", the half-size replica of the Wshington, D.C. Vietnam Veterans Memorial, will be coming to Ely in 2008, with this event being an amazing experience for the people of Ely and a huge tourism draw. The Moving Wall is over 250 feet in length and never displayed at fund-raisers, carnival type events, or any location where profits are an objective. There is no government involvement with the Moving Wall, a non profit organization, and it is run entirely on donations. The Moving Wall visits 22 to 28 cities around the United States annually and has visited over 1,000 cities.<BR><BR>The "Moving Wall" will be coming to Ely on July 17th - 21st, with set up being July 14th - 16th, at Whiteside Park, Ely. They are requesting the following:<BR><BR>Help in procuring financial support through grants, donations and any other available financial sources; use of Whiteside Park July 14th - 16th for construction of the footings and setup; Use of Whiteside Park, July 17th - 21st, for the actual event; Light for the nighttime lighting of the Moving Wall; Security; Portable Toilets; Traffic Control.<BR><BR>Moved by Nikkola supported by Zupec, that above requests be approved to proceed. Carried unanimously. Mayor Novak stated that the landscape at Whiteside Park needs to be left intact after the event. Council member Debeltz commented that this event will be great for the City and an honor to all Ely area veterans, suggesting that Mary and Mike put together a list of all Ely Veterans who have served in the Armed Forces. He also recommended that they approach the different charitable gambling organizations in the community for donations. <BR><BR>Council member Omerza reported on behalf of the City Parks and Recreation Board Meeting of November 6th; due to there not being a quorum, no business could be conducted. <BR><BR>Council member Omerza also informed Council members that due to overscheduling herself in being placed as the City's representatives to Partners which meets the 1st Thursday of each month at 5:00 P.M. in Virginia , she will have a conflict with attending the Planning and Zoning Commission meetings as a Council representative, therefore she is resigning from that Commission. Council member Debeltz offered to be appointed to the Ely Planning and Zoning Commission to fill unexpired term running through January 31, 2009, with Council member concurring with appointment. <BR><BR>It was noted that the Planning and Zoning Commission meet the 1st and 3rd Tuesday of each month at 6:00 P.M. CC Card Room.<BR><BR>Council member Omerza reported on behalf of the Telecommunications Advisory Board Meeting of November 6th: one proposal was received by the City of Ely for Public Access Television, that from Mary Cich and Michael Jankovec. Moved by Omerza supported by Zupec, that the City of Ely accept the proposal and move forward with the development of a contract, assigning TAB continued involvement in the negotiations with Mary Cich and Michael Jankovec. Carried unanimously.<BR><BR>Council member Omerza also reported that the TAB has approved a recommendation to the Council to make available an amount not to exceed $3,000 of franchise fee monies to be made available to Mary Cich and Michael Jankovec for developing a 501 c 3 to be authorized through the office of the Ely Clerk-Treasurer. Moved by Omerza supported by Nikkola, that recommendation be approved.<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>Council member Zupec noted that he voted no as he does not feel comfortable going ahead with this action as he needs more information. Council member Omerza noted that there must be a 501 3 c in place in order to sign the contract between the City of Ely and Mary Cich and Michael Jankovec. Mayor Novak stated that when ECAT was formed, the City allocated $3,000 to group to begin operations, which was paid out of the franchise fee monies. He also stated that he does not know if the City has to wait until a 501 3 c is in place prior to making the transition from ECAT to Mary Cich and Michael Jankovec, recommending that the City Administrator be involved in seeing that above individuals receive all equipment that has been provided and necessary to date, in operating public access television. <BR><BR>Council member Lindroos reported on behalf of the Ely Cemetery Committee Meeting of October 10th: Police Chief Manning's suggestion at their last meeting relative to replacing the East gate and locking the gates to the cemetery at night, they are requesting <BR><BR>assistance from the public works department to erect a second gate at the Ely Cemetery. Moved by Lindroos supported by Omerza, that request be approved. Carried unanimously.<BR><BR>Council member Lindroos also reported that the Ely Cemetery Committee had discussed cemetery boundary issues, which will be taken up under old business on tonight's agenda. The committee had received a request from the Ely Charter Commission pertaining to city boards/committees/commission "mission statements". Since the Ely Cemetery Committee will not be meeting until spring, they will address this matter at that time. He also questioned the potential of a violation of the opening meeting law, by having current provision in Charter that four council members need to sign a special meeting notice of the Ely City Council. He feels very strongly that the City needs to reduce the number of council members to three. Council member Nikkola agreed, stating that the City will be opening itself up to violating the open meeting law if continuing to have four Council member sign off on a special meeting notice. He stated that he does not feel the Charter Commission was fully informed as to the rationale given out by the City Attorney. Council member Zupec who also sits on the Ely Charter Commission, recommended that the City Attorney direct a letter to the Ely Charter Commission pertaining to this rationale. Mayor Novak commented that the minutes of the Ely Charter Commission reflect that the Council had requested this change, where it was originally from the City Attorney. Council member Sheddy stated that LMC staff putting on informational session this summer on City Charters, had commented that Ely had a good Charter, and he is inquiring as to why this issue had not been addressed at that time. City Attorney Bentz noted that the LMC staff person conducting this session agreed with Attorney Bentz 100% in that there could be a potential violation of the open meeting law by leaving above wording in Charter as is. Council member Omerza questioned how the open meeting law could be violated in that the Deputy Clerk's Office drafts up the special meeting notice soliciting council members individually to read and sign off if approved. By decreasing the number of Council members required to sign off on a special meeting, this is putting more power to less Council people, and feels this is no the right thing to do.<BR><BR>She inquired as to what other home rule charter cities do pertaining to this situation. Council member Zupec recommended that City Attorney Bentz attend the next meeting of the Ely Charter Commission, with Mayor Novak recommending that the Council also meet with the Charter Commission on this matter. Council members directed the City Administrator to set up a meeting with the Ely Charter Commission, to address City Attorney's recommendation on provision of current wording of four Council persons calling for a special meeting.<BR><BR>Mayor Novak informed Council members that he cannot attend TBEC <BR><BR>or Vermilion Park Task Force meetings at this time representing the Council due to other city commitments, but after putting a notice out to Council members for volunteers, Council member Sheddy has volunteered to take his place on TBEC; Council member Lindroos has volunteered to take his place on the Vermilion Park Task Force. Mayor Novak thanked both Council members for volunteering.<BR><BR>Council member Nikkola also reported that he was requested to serve on a citizens task force concerning the Babbitt Highway Project, and that the group's first meeting is Wednesday, 10:00 A.M. at the Joint Maintenance Facility. Matter of information.<BR><BR>Mayor Novak recommended that City Boards/Commissions/Committees should meet at the Ely City Hall, which is centrally located for citizens to attend these meetings, and feels the Council needs to discuss this matter at some point in the future. He did state that committees such as the City Streets and Infrastructure, could meet at the Joint Maintenance Public Works Facility, as the public works and utilities departments are currently housed at this facility.<BR><BR>Clerk-Treasurer/Administrator Butler requested Council approval in the payment of city bills and payroll for October 2007, totaling: $625,791.37. Moved by Debeltz supported by Zupec, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler was instructed by Council action at the October 30th Council Study Session, to place Independent Contract Employee Mary Lee Erickson on tonight's agenda, for approval in continuation of original contract for accounting services through November 30, 2007; to be reviewed every 30 days for continuation.<BR><BR>Moved by Omerza supported by Debeltz, that the Council approve the extension of services to Mary Lee Erickson on a month to month basis, with current contract that has not been executed at this time, to be dealt with by the Employee Relations Committee to work out the wording of contract. Carried unanimously. Clerk-Treasurer/Administrator Butler noted that he has no problem in recommending continuation of above contract if there is a defined need from the City Accountant. Moved by Debeltz supported by Nikkola, that the Council empower the Clerk-Treasurer/Administrator to extend this contract on a month to month basis, as Administrator sees necessary. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler was instructed by Council action at the October 30th Council Study Session, to place full time General Office Assistant position on tonight's agenda for 2008 budget funding. If position is approved by the City Budget Committee, the Clerk-Treasurer/Administrator and Deputy Clerk will work on an amended job description and proposed salary, to remit to the ER Committee to review and report back to the Council for official approval and posting. Council members concurred with above action.<BR><BR>Clerk-Treasurer/Administrator was instructed by Council action at the October 30th Council Study Session to place Firemen First Responder Training on tonight's agenda, providing Council members with numbers from Fire Chief Gerzin. Council member Debeltz questioned whether the City was going to work with the townships in this venture so as to utilize everybody. Council member Nikkola noted that individuals do not need to be fire men; that there are other people in the community who may be interested - Fire Chief Gerzin had noted that the approximate cost of training would be $5,600.00. Moved by Sheddy supported by Lindroos, that this matter be referred to the City Budget Committee to allocate funding consideration for year 2008. Moved by Lindroos supported by Nikkola, that motion be restated to refer matter to the City Budget Committee to allocate funding now in 2007 and additional funding required for year 2008. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator was instructed by Council action at the October 30th Council Study Session, to place Civil Enforcement on tonight's agenda, with Council action being to direct the City Attorney and City Administrator to come up with a recommended process to see this issue initiated. Mayor Novak stated that other than some safety issues with some instances, the City needs to move forward with civil enforcement. City Administrator Butler informed Council members that he has had discussions with City Attorney Bentz, and that the City Attorney's Office has put out a communication with recommendations - the process addressing yards, right of ways, parking, has been cumbersome. Council member Omerza questioned whether there will be ads put out to the public, citing current city ordinance where residents and business owners are responsible for the shoveling of sidewalks in front of their residence or business. She also recommended that letters be sent to all City business people informing them of their responsibility noting that the businesses that are closed over the winter months, still need to have their sidewalks shoveled. * Clerk-Treasurer/Administrator's Office will be placing notices in the media, with individual letters to also be sent out to all city businesses. <BR><BR>Clerk-Treasurer/Administrator Butler requested the addition of fuel oil, old St. Louis County Garage, to be placed on tonight's agenda under his department. He notified Council members that it is his belief that there is approximately 1,000 gallons in the tank at this time, and that if he orders 7,200 gallons, he will get a better price per transport. Clerk-Treasurer/Administrator along with Council member Sheddy were directed to check with St. Louis County as to how many gallons of fuel the facility has used in the past, over the winter months, taking into consideration the doors will not be open and shut as regular as when premises was occupied by St. Louis County personnel. <BR><BR>Council member Sheddy also recommended that the thermometer be turned down at this facility.<BR><BR>EUC General Manager presented the following EUC consent agenda items:<BR><BR>1. City bills and payroll for October 2007;<BR><BR>2. Authorize payment of KBM Invoice No. 090709 re: AMR - $2,211.00;<BR><BR>3. Authorize payment of KBM Invoice No. 090708 re: Design-$603.00;<BR><BR>4. Authorize payment of John Henry Foster Invoice No. 1008660-0001-01 - $1,179.77<BR><BR>INFORMATION<BR><BR>1. Ed Marosek and Jeff Dunbar authorized to attend MMUA three-phase transformer school - Marshall, Minnesota - December 18th - 20th;<BR><BR>2. GM to request quotes for sale of copper wire;<BR><BR>3. Cannon Technologies authorized to come to Ely to repair load management control system if unable to troubleshoot by phone;<BR><BR>4. AMR Sub Committee to evaluate Greg Horton AMR Report;<BR><BR>5. Rates Committee to consider recommendation to P and Z re: recovering utility extension expenses from future developers.<BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed. Carried unanimously.<BR><BR> The following claims for payment were brought before the Council for approval:<BR><BR>A. Ely Recreation Project<BR><BR>1. Voyaguer Lumber Inc. - Ely Park Project - $6,564.68 ( supplies) - to be taken out of IRR Grant;<BR><BR>2. Menards - $3,416.89 ( supplies) - to be taken out of IRR Grant;<BR><BR>3. Rusco Plumbing and Heating - $7,369.92 ( St. Louis County Land Grant);<BR><BR>B. RLK Kuusisto Engineering Inc. - professional services, Whiteside Drainage Study - September 2007 - $410.00;<BR><BR>C. St. Louis County - Ely Debt Service - 20 year repayment - bi annual repayment - $71,884.00;<BR><BR>D. WSB and Associates Inc. - Pay Voucher No. 9 - Ely Runway Safety Area - $152,948.02; * contingent upon Ely Airport Commission approval;<BR><BR>Leustek and Sons Inc. communication - WSB Project No. 01597-01 - Ely Municipal Airport - Pay Voucher 9 - INFORMATION;<BR><BR>E. IRR - Ely Municipal Airport Runway Extension Loan Project - $9,409.00;<BR><BR>F. Paul Ness, Consultant - Equipment Operator II. Employment Application rankings, supplemental APP development, T and E Evaluation - $694.00;<BR><BR>G. St. Louis County - Assessor services for year 2007 - $48,242.00 <BR><BR>Moved by Zupec supported by Debeltz, that above claims be approved. Carried unanimously.<BR><BR>Council member Sheddy noted that in checking with the City Accountant, the monies are in the Airport Account whereby the IRR loan could be paid in full ; inquiring as to what the interest on the loan will be to the City in the borrowing of this money. Mayor Novak informed Council members that he will be talking to Dave Hart of the IRR on another city related matter, and will ask Dave if there would be any negative implications on the city's part, to repay the loan ahead of schedule. <BR><BR>Communication was received from the WolfTrack Classic Sled Dog Race Committee, notifying the City of Ely of a new Winter event... a Sled Dog Race, that will take place on Sunday, March 2, 2008, with pre-race events scheduled for Saturday, the 1st of March. This mid-distance race will take place from Ely to Tower and back, and are inquiring whether the City of Ely would be interested in advertising in the planned 16 page tabloid to be distributed to the mushing communities in Minnesota, Wisconsin and Canada.<BR><BR>Council members noted that the City policy in place prevents the Council from financially paying for advertising as such, but went on record in support of this event, with Mayor Novak encouraging all Council members and citizens to donate on their own, to this event.<BR><BR>Communication was received from Craig Stevens, PhD, LP, Director of Clinical Services, Range Mental Health Center Inc., notifying the City that they are interested in being able to use an office in the Ely City Hall as in the past, for the purpose of providing outpatient psychotherapy to clients who live in Ely or the Ely Area, noting that they would need the office on a weekly basis, Thursdays, from 8:00 A.M. - 5:00 P.M. <BR><BR>Council members directed Clerk-Treasurer/Administrator Butler to contact Range Mental Health Center to negotiate a lease rental for requested office space, and report back to the Council with recommendations for lease agreement.<BR><BR>Mayor Novak requested that tonight's meeting recess for ten minutes, to have recording tape changed by operator. Meeting recessed at 7:50 P.M.<BR><BR>Regular Ely City Council Meeting reopened at 8:00 P.M. <BR><BR>Moved by Omerza supported by Zupec, that the City dispense of readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>City Attorney Bentz informed Council members that he has received a certificate of survey done by RLK Kuusisto Inc., and after speaking briefly with City Engineer Harold Langowski, understands there are three issues with regard to the current cemetery boundaries:<BR><BR>1. The corner of Trembath's building encroaches on the cemetery property by approximately five feet ( although this survey certificate does not depict the location of the building); City of Ely could leave as is and treat the Ely property as going to the fence line, and since it has been there for so many years, the City could arguably assert adverse possession rights. Moved by Nikkola supported Debeltz, that the Trembath Building be left as is, treating the Ely property as going to the fence line, with the City Attorney directed to draft up necessary deed to resolve this issue. Carried unanimously.<BR><BR>2. The City's fence encroaches on Leustek property by approximately three feet ( the fence is not outlined on the certificate of survey the City Attorney has received);<BR><BR>The City could move the fence so that it is consistent with the survey boundary.<BR><BR>Moved by Debeltz supported by Sheddy, that the Clerk-Treasurer/Administrator be directed to send a letter to Leusteks, to arrive at successful negotiation that the fence stay as is. Carried unanimously.<BR><BR>3. The Dorothy Molter Museum lease - apparently the buildings are not located within the area described in their lease. One option would be to require the museum to move the buildings so they are within the description contained in the lease, with the more sensible option being to revise the lease to correspond to the location of the existing buildings. Moved by Sheddy supported by Debeltz, that the City Attorney be directed to revise the current lease between the City of Ely and Dorothy Molter Foundation, to correspond to the location of the existing buildings. Carried unanimously.<BR><BR>4. The remaining issue is regarding the Cemetery Committee's concern over dedicating current cemetery property in to perpetuity for the purpose of a cemetery. Attorney Bentz does not believe that a codicil to the deed is an option, but there are other options. Being that it is his understanding of the City Cemetery Committee's intent to preserve the area owned by the City to ensure future use as a cemetery ( current statutes grant a large amount of protection to the existing cemetery lots), once he receives the legal description for the land, he will draft an ordinance with this intent. Council members concurred with Attorney Bentz's s recommendation as noted above. <BR><BR>Council member Sheddy reported on behalf of the October 30th Ely City Council Study Session: an individual had approached him regarding interest in renting the large cold storage building ( 72 x 48 ) at the former St. Louis County Garage site, and after checking with local individuals who rent out cold storage space, Council member Sheddy has suggested the rental fee of $483.84 per month, plus electricity, also noting that if the building would sell, there would be a 60 day vacation clause included in rental lease. He also reported that Wee Cabins is the party interested, and that they will be shipping their items in 2 or 3 pieces and renting a crane, and they need to build out of the elements, and therefore are interested in the cold storage space through mid summer of 2008. Council member Omerza cautioned Council members to be sensitive to the West entrance of the City. Council member Omerza recommended that this matter be taken up on the EEDA Agenda for Tuesday, November 13th, with Council member Sheddy noting that he will be following up on information to present to EEDA members in order to move forward.<BR><BR>Council member Debeltz offered the following resolution: 2007 - 36 <BR><BR>WHEREAS: The Ely-Winton Rod and Gun Club, PO BOX 41, Long Branch Road, Winton, Minnesota 55796, has applied for renewal of a Minnesota Lawful Gambling Premises Permit application at the Kwazy Wabbit, 11 North Central Avenue, Ely, Minnesota 55731, and;<BR><BR>WHEREAS: Such Class B License is to be used for conducting pull tabs, tipboards, paddlewheels, raffles at Kwazy Wabbit, 11 North Central Avenue, Ely, Minnesota 55731, and<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Ely City Council approves of said application and that the Ely-Winton Rod and Gun Club 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 Debeltz, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted this 6th day of November 2007.<BR><BR>Council member Lindroos offered the following resolution: 2007 - 37<BR><BR>WHEREAS: The North Country National Scenic Trail ( NCNST) authorized by <BR><BR>Congress in 1980, is one of only eight national scenic trails in the United States,<BR><BR>WHEREAS: The NCNST extends from Crown Point in New York to Lake Sakakawea in North Dakota covering a distance of over 4,600 miles, including over 850 miles in the State of Minnesota;<BR><BR>WHEREAS: A segment of the original planned route of the NCNST in Minnesota ran from Jay Cooke State Park in Carlton, County generally heading northwest towards Savannah Portage State Park in Aitkin County and onto the Chippewa National Forest near Remer in Cass County.<BR><BR>WHEREAS: No portion of this segment of the original planned route has been built in the last 25 years due to the extensive wetlands found in the areas and a lack of volunteer support due to the anticipated difficulty in building trail there.<BR><BR>WHEREAS: Volunteers have developed a viable alternative the "Arrowhead Re-Route" in the last 25 years working with government agencies toward the near completion of the Superior Hiking Trail, completion of the Border Route Trail, and the restoration of the Kekekabic Trail, and<BR><BR>WHEREAS: These trails pass through areas, the Boundary Waters Canoe Area Wilderness and the North Shore, which encompass world-class scenic values, and<BR><BR>WHEREAS: There is consensus within the Minnesota hiking community that the Arrowhead Re-Route is a more preferable route that has ample volunteer support, and<BR><BR>WHEREAS: The majority of the Arrowhead Re-Route, over 375 miles, would utilize existing hiking trails including the Superior, Border Route and Kekekabic, which are currently maintained by volunteers and;<BR><BR>WHEREAS: The roughly 140 miles of new trail that would have to be built would be located on public lands, on private lands with the voluntary permission of the owner, or on lands acquired from willing sellers or donors, and<BR><BR>WHEREAS: All newly constructed trail would be built and maintained by volunteers of the North Country Trail Association and its partners, and<BR><BR>WHEREAS: The Arrowhead Re-Route was studied, evaluated, and identified as the preferred alternative by the National Park Service in its Northeastern Minnesota Route Assessment completed in 2004, and<BR><BR>WHEREAS: The National Trails System Act requires Congressional action to approve a significant change in the route of a National Scenic Trail, and<BR><BR>WHEREAS: The North Country Trail Association has proposed legislation that would amend the National Trails System Act to authorize this route change, and<BR><BR>WHEREAS: This reroute legislation has broad support within the State of Minnesota<BR><BR>including members and representatives of the North Country Trail Association, Superior Hiking Trail Association, Kekekabic Trail Club, Minnesota Rovers Outing Club, Border Route Trail Association, Park and Trails Council of Minnesota, Minnesota Department of Natural Resources, Superior National Forest, Chippewa National Forest, and business owners along the Minnesota's North Shore, and<BR><BR>WHEREAS: Designation of the Arrowhead Re-Route would not adversely affect the region's timber supply; any land manager's right to harvest timber or otherwise manage their property; or any existing opportunities for motorized recreation.<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Ely City Council of the City of Ely, hereby endorses Congressional designation of the Arrowhead Re-Route as the official route of the North Country National Scenic Trail in northeastern Minnesota, contingent upon this trail not interfering with existing and future trail systems in the Ely area.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Lindroos, seconded by Council member Sheddy, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABENT: None (0)<BR><BR>Adopted this 6th day of November 2007.<BR><BR>Council member Omerza offered the following resolution: 2007-38<BR><BR>WHEREAS: The City of Ely ( hereafter the "Applicant") is a public entity organized and operating under the laws of the State of Minnesota; and<BR><BR>WHEREAS: The Applicant has a need for a grant to assist in providing monies for the construction of an Iron Range Youth In Action ( IRYA) facility and recreation area in Ely, Minnesota ( hereafter called "The Project"), and<BR><BR>WHEREAS: The Applicant has determined that it will need a grant from the Agency for $50,000 in order to assist with this recreational Project; and<BR><BR>WHEREAS: The Applicant understands and agrees that the Agency will not provide funds to reimburse the applicant for any costs incurred for the Project prior to the date on which this Project is approved by the Agency; and<BR><BR>WHEREAS: NOW, THEREFORE BE IT RESOLVED: That the Applicant governmental unit hereby authorizes and approves making application to the Agency for a grant for $50,000 to provide funds to assist with the project;<BR><BR>BE IT FURTHER RESOLVED: That the Applicant's Mayor and Clerk-Treasurer/Administrator are hereby authorized and directed to sign and submit an application for the said grant monies and all applicable contracts, documents and agreements associated with the grant on the application form, and that the Applicant agrees and commits that following completion of the Project, it will maintain the Project site and any equipment installed in connection with the Project in good operating condition, appearance, and repair and protect the same from deterioration, reasonable wear and tear resulting from ordinary use of the property and equipment excepted, for as long as the Applicant retains ownership of the Project site.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Omerza, seconded by Council member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted this 6th day of November 2007.<BR><BR>Council member Zupec offered the following ordinance: Proposed Ordinance No. 208, Second Series, An Ordinance of the City of Ely, Minnesota, Amending Chapter 3 of the Ely City Code Relating to Municipal and Public Utilities - Rules and Regulations, Rates, Charges, and Collections.<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. The following sections in Chapter 3 of the Ely City Code shall be amended to read as follows:<BR><BR>Section 3.06. Rules and Fees. The City hereby adopts the following rules and fees for the operation of the utility as follows:<BR><BR>Subd. 1. Landlord/Tenant Responsibility.<BR><BR>1. An account will remain in the landlord's name until the tenant establishes an account at the Ely Utilities Office and pays a security deposit, if necessary.<BR><BR>2. A security deposit is required from the tenant, but may be waived in the sole discretion of the Ely Utilities;<BR><BR>3. If a tenant has a delinquent balance from any previous account with Ely Utilities, they must pay that balance in full before a new service is established. An additional security deposit must also be made. If this is not done, the account will remain in the landlord's name.<BR><BR>4. If the tenant has an unpaid balance from a previous account that becomes delinquent after moving to the new premises, that balance shall be added to the tenant's new account.<BR><BR>5. It is the landlord's responsibility to notify the Ely Utilities Office when a tenant leaves, and to verify that the final readings of the utility meters are taken.<BR><BR>Subd. 2. Final Closing of Utility Account. A utility consumer is required to sign an official written request form for final utility meter reading prior to closing of their account. The form shall be kept on file in the utility billing office.<BR><BR>Subd. 3. Transferring of Utility Account. A utility consumer transferring their account from one residence to another is required to sign off an official written request form for the transfer. The form shall be kept on file in the utility billing office. It is necessary to pay any arrears on an old account before a new account is opened.<BR><BR>Subd. 4. Electrical Disconnection, Reconnection and Installation of Current Limiting Devices. Consumers shall be charged seventy-five dollars ( $75.00) if utility personnel disconnect or reconnect an electrical meter or install a current limiting device due to non-payment of utility bills. Consumers shall be charged two hundred dollars ( $200.00) if work is required on holidays, weekends, or hours other than the normal business hours on regular business days.<BR><BR>Subd. 5. Waterline Hookups. The City of Ely owns and is responsible for all watermains within their jurisdiction. The property owner connected to the watermain is responsible for the lateral waterlines, along with all connections, originating from the watermain. The EUC and the City of Ely are not responsible for any connections or lines originating at or extending from the watermain.<BR><BR>Subd. 6. Electrical Service.<BR><BR>1. The EUC shall provide overhead wiring to the attachment point of the meter base. The property owner is responsible for the mast or conduit and support structures needed to reach the meter base.<BR><BR>2. The EUC shall provide the meter base for underground service. The consumer shall provide all necessary wiring.<BR><BR>3. The EUC shall provide electrical materials and labor up to one thousand two hundred dollars ( $1,200.00) for any construction. The owner shall be responsible for any expenses in excess of one thousand two hundred dollars ( $1,200.00).<BR><BR>Subd. 7. Sanitary Hookups. The City of Ely owns and is responsible for all sanitary system main lines within their jurisdiction. The property owners connected to the sanitary system main are responsible for the lateral sanitary lines, along with all connections, originating at or extending from the sanitary system main. The City of Ely and the Ely Utilities Commission are not responsible for any connections or lines originating at or extending from the sanitary system main.<BR><BR>Subd. 8. WaterLateral Charge ( WLC) and Sewer-Lateral Charge ( SLC). The Ely Utilities Commission ( EUC) requires a water lateral charge ( WLC) and sewer lateral charge ( SLC) for new connections to be paid by the consumer at the time of the water or sewer utility connection in cases where the City constructed the water or sewer lateral line to the property line. Consumers shall use the City constructed water or sewer lateral line, where they exist, to connect to water or sewer service mains wherever and whenever those lateral lines have been installed by the City to the property line. If City installed lateral lines are not present, any consumer who constructs laterals and connects to the City's water or sewer main line at the consumer's sole cost shall not be required to pay WLC and SLC charges. The property owner is always responsible for maintaining all laterals originating at and extending from the City's main service lines, whether installed by the City or the Consumer. The EUC may adopt or amend WLC and SLC charges by resolution. The charges effective February 9, 2000 are as follows:<BR><BR>&#149; One Utility Connection ( water or sewer ) $2,000.00<BR><BR>&#149; Two Utility Connections ( water or sewer ) - $2,500.00 <BR><BR>Subd. 9. Sanitary Sewer Rate Credits. The Ely Utilities Commission ( EUC) sanitary sewer rate is based on actual water metered for all businesses and residential users. No credit will be provided against the sewer rate charges due to extraordinary water usage such as sprinkling, washing cars, watering gardens, leaking valves, or consumer controlled equipment which malfunctions.<BR><BR>Subd. 10. Franchise Fee. The Ely Utilities Commission ( EUC) hereby imposes a Franchise Fee in the amount of $4.14 per account per month. The Fee is hereby imposed effective August 1, 2003 and shall be due and payable with all utility bills issued on and after that date. Unless earlier repealed or amended, the Franchise Fee shall expire on December 31, 2012.<BR><BR>SEC. 3.07 EUC Franchise and Franchise Fee. The Council of the City of Ely hereby grants the following EUC Franchise and imposes the following Temporary Franchise Fee for the following purposes and upon the following terms and conditions:<BR><BR>Subd. 1. Purpose. Pursuant to the Charter of the City of Ely, Chapter 10 and Chapter 11, Section 11.03. The Ely Utilities Commission is hereby granted a Franchise for the purpose, authority, right, and privilege to construct and operate such water, gas, heat, waste water collection, and waste water treatment ( excluding the storm sewer system and hydrants) and electric facilities as the City may own or acquire, all with the approval of the Council of the City of Ely. The Franchise granted under the provision of this Ordinance shall encompass the following purposes:<BR><BR>1. To engage in the business of providing utility services, and such other lawful services as may be permitted by the City, to subscribers within the service area.<BR><BR>2. To erect, install, construct, repair, build, rebuild, reconstruct, replace, maintain, and retain piping, cables, lines, related equipment, supporting structures, appurtenances, and other property in connection with the operation of the utility system in, on, over, under, upon, along, and across streets, alley, and other public ways within the service area.<BR><BR>3. To maintain and to operate said Franchise properties consistent with the Charter of the City of Ely, the Ely City Code, and other laws, rules, and regulations as may apply from time-to-time.<BR><BR>Subd. 2. Term of EUC Franchise. The term of the EUC Franchise shall be twenty (20) years and shall expire on December 31, 2022. The term of this Franchise may be renewed by a subsequent Ordinance for a similar term or other term not exceeding twenty (20) years as provided by the Council of the City of Ely in a renewal Ordinance. <BR><BR>Subd. 3. Temporary Franchise Fee. A Temporary Franchise Fee for the following terms and amount shall be paid by the Ely Utilities Commission from the Ely Utility Fund to the Ely City Council and deposited in the Ely General Fund.<BR><BR>1. Term. The Temporary Franchise Fee shall be an annual fee for uses and operations and in lieu of taxes and for the right and privileges as authorized under the Franchise granted in Subdivision 1. The Temporary Franchise Fee shall be an annual fee covering the time period of January 1st of each calendar year and expiring on December 31st of each calendar year. The Franchise Fee shall be due and payable in each calendar year as provided below, unless otherwise amended or repealed by subsequent Ordinance of the City of Ely. Unless earlier repealed or amended the Temporary Franchise Fee obligation shall expire on December 31, 2012.<BR><BR>2. Amount. The amount of the Annual Franchise Fee shall be over One Hundred Thousand Dollars ($100,000) or the actual amounts collected, whichever is less. These amounts shall be due and payable as provided below, unless amended or repealed by subsequent Ordinance of the City of Ely.<BR><BR>3. Payment. The Franchise Fee due and payable in the year 2003 in the amount of One Hundred Thousand Dollars ($100,000) shall be made by a transfer payment of One Hundred Thousand Dollars ($100,000) on December 31, 2003 from the Ely Utility Fund to the Ely General Fund. Commencing January 1, 2004, all amounts collected for the Franchise Fee by the Ely Utilities Commission shall be transferred from the Ely Utility Fund to the Ely General Fund on or before the 10th day of each month representing the collections for the preceding month in the amount of Eight Thousand Three Hundred Thirty-Three and 33/100 Dollars ( $8,333.33) or the actual amounts collected, whichever is less, but in all other respects shall remain unchanged.<BR><BR>Section 2. Effective Date. 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>Motion for the adoption of the foregoing ordinance was made by Council member Zupec, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Proposed Ordinance No. 208, Second Series, adopted and given a first reading and publication, this 6th day of November 2007.<BR><BR>Proposed were received for sealed quotes on the replacement of two (2) approximately 250,000 BTU fuel oil fired steam boilers at the Ely Community Center, with three sealed quotes being received as follows: Climate Makers, Baxter, Minnesota - $19,090.00;<BR><BR>Northwood Mechanical Inc., Hibbing, Minnesota - $21,400.00; Bob Hecimovich Mechanical Contracting Inc., Hibbing, Minnesota - $41,300.00. Moved by Lindroos supported by Zupec, that the City of Ely accept the low proposal from Climate Makers, in the amount of $19,090.00, for replacement of fuel oiled steam boilers at the Ely Community Center. Moved by Sheddy supported by Omerza, that original motion be restated to reflect that the City of Ely accept low proposal from Climate Makers in the amount of $19,090.00 plus the add on for installation (2) McDonnell and Miller #42 LWCO per discussion in the amount of $1,075.00 ( as recommended by Chief Custodian Bob Anderson) , bringing total bid to: $20,165.00. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that the meeting adjourn. Carried unanimously. Adjournment at 8:20 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 11/24/2007