City minutes from 11/20/2007

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, November 20, 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 determined.<BR><BR>Mayor Novak welcomed the listening audience present and those at home watching public access live broadcast of tonight's meeting.<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the regular meeting of November 6th be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>Mayor Novak requested the following addition to tonight's meeting: Resolution Setting A Public Hearing On A Vacation ( portion of MNDOT-deeded property, between 14th and 15th Avenue, Sheridan and Chapman Street, Ely. Moved by Omerza supported by Zupec, that addition be approved and placed under VIII. New Business, Item D, on tonight's agenda. Carried unanimously.<BR><BR>Mayor Novak reported that the Ely City Council and Ely Utilities Commission will be meeting in a joint quarterly study session on Tuesday, December 18th, 5:15 P.M. Council Chambers of the Ely City Hall. Matter of information.<BR><BR>Mayor Novak reported that the Minnesota Department of Revenue will be holding a ribbon cutting ceremony scheduled for Friday, November 28th, 10:00 A.M. at the SATO Building. He is encouraging all Council members to attend this ceremony. Mayor Novak also reported that there will be a ribbon cutting ceremony for the new Pamida Store, to take place on December 1st, 9:00 A.M. at the new Pamida Store location. He is encouraging all Council members to attend this ceremony, also.<BR><BR>Mayor Novak noted that the Deputy Clerk will be sending out a memorandum to call Council members requesting that they designate what City Boards/Commissions/Committees, they wish to serve on for the upcoming year. Moved by Debeltz supported by Zupec, that the Deputy Clerk be authorized to also advertise to the general public, any vacancies that will be coming up for public representation. Carried unanimously.<BR><BR>Mayor Novak brought forth to the Council a letter from the Ely Chamber of Commerce, inviting the Mayor and Council members to attend a Christmas Tree Lighting Ceremony, Front Porch Coffee and Tea Co., on Thursday, November 22nd, at 5:30 P.M.<BR><BR>Matter of information.<BR><BR>Mayor Novak presented to the Council a letter he had received from Gary C. Kuyava, St. Louis County Agricultural Inspector, regarding spotted knapweed, an invasive exotic terrestrial plant moving into St. Louis County mainly from the west, and requesting that the City of Ely sign a petition to control this nasty, environment altering, invasive exotic weed. Moved by Sheddy supported by Zupec, that any action on this communication be tabled at this time and placed on the December 18th joint quarterly study session between the City of Ely and Ely Utilities Commission. Carried unanimously.<BR><BR>Mayor Novak proceeded to debrief the Council members on his November 15th visit to St. Paul. He had met with Mayor's group, although the Governor had held a press conference the day prior, noting that he was not going to hold a special legislative session. Mayor Novak stated that Representative Tony Sertich was willing to write a request in special form for a session; that he had also met with Senator Tom Bakk and Senator Larry Pogemiller on LGA/property tax relief. Mayor Novak stated that the Governor is shielded from a tax increase at the local level, that four out of five major leaders wrote letters to the Governor requesting a special legislative session, with the only hold-out being Representative Marty Seifert, from Marshall. The Mayors' group is not giving up and will continue to puruse - legislation is crafted at this time to try to beat the proposed 14% tax increase for the City of Ely. Matter of information.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>1. Ely Public Library - closure dates for new carpet installation at the library,<BR><BR>December 3rd - 8th;<BR><BR>2. St. Louis County - Local Board of Appeal and Equalization - Wednesday, January 23, 2008 - 9:00 A.M. - Noon, Cotton Town Hall ( Mayor and Council members authorized to attend) - *make reservations with Deputy Clerk by December 31st;<BR><BR>3. DEED - Regional Briefing - Pawlenty proposal for rural economic development - Thursday, November 29th, Hibbing ( Mayor and Council members authorized to attend);<BR><BR>4. Brenda Krueger, Springsted - Upper Midwest Regional Springsted Symposium - December 6th, St. Paul ( Mayor and Council authorized to attend);<BR><BR>5. Ely Chamber of Commerce - An Old Fashioned Holiday - Ely, November 23rd and 24th - INFORMATION;<BR><BR>6. Deputy Clerk - Council authorization to advertise for various City Boards, Commissions, Committee vacancies;<BR><BR>7. Charter Communications - price adjustments effective December 2007 - INFORMATION<BR><BR>Moved by Zupec supported by Debeltz, that above consent agenda items #1 - 5 and item #7 be approved and ordered filed. Carried unanimously. Above Item #6 had already been taken care of under Mayor's Agenda Items.<BR><BR>Sarah Levar, Director, Dorothy Molter Museum requested placement on tonight's agenda regarding in-kind services from the City of Ely. She informed Council members that the museum is applying for a capital improvement grant from the Iron Range Resources Board to have bathroom facilities installed at the museum. The grant requires funds for the project to be matched at a minimum of 1:1. In-kind contributions may constitute up to 50% of the applicant's match. She is inquiring as to whether the City of Ely would be willing to donate the excavation and labor to connect the water and sewer at the museum, inquiring as to what dollar amount this work would convert to as to fulfill the requirements of the grant. RLK Kuusisto City Engineer Harold Langowski reported that everything is there to hook up, and would assist the Director in putting together an in-kind service match amount as to what has already been done in that area, along with excavating and labor costs to connect the water and sewer. Moved by Debeltz supported by Zupec, that the City of Ely approve the Director of the Dorothy Molter Museum in proceeding with this grant application process. Carried unanimously.<BR><BR>Chris Ellerbroek, Director, International Snow Sculpture Symposium, Patti Steger, Mukluk Ball, and Barb Hall, member of the Ely Winterfest 2008 committee, requested placement on tonight's agenda regarding City assistance for their various scheduled events. Barb Hall proceeded to read the mission statement for the 2008 Winterfest Event, with Chris Ellerbroek informing the Council that the 2008 Ely Winter Festival will be held from February 1st through the 10th, and will include activities by professional snow sculptures starting on the 31st day of January. All of these activities are coordinated by hard working volunteers whose goal is to provide and encourage outdoor activity, promote Ely and the surrounding area, emphasize the arts and area attractions and educate visitors on the historic and artistic background of this community. He noted that the City of Ely has always been generous in its support of this event which brings so many visitors to the area, and are again asking for City help and cooperation for this year's event.<BR><BR>1. Waiving fees for City facilities;<BR><BR>2. Approving and assisting EWF volunteers by placing a banner next to City Hall, November 19th - February 15th;<BR><BR>3. Mid-January - gather clean snow to fill approximately 18 small amateur snow forms for NLAA and 20 large professional new forms for the symposium;<BR><BR>4. End of January ( before festival) - install power cord for electricity to illuminate carvings;<BR><BR>5. Snow removal to make pathways for food vendors and spectators;<BR><BR>6. Place no parking signs on Sheridan Street in front of Whiteside Park on Friday, Saturday, and Sunday ( February 1st - 3rd);<BR><BR>The Ely Winter Festival cordially invites all Council Members to officially attend this year's activities, including the Opening Ceremony on Friday, February 1, 2008, at the <BR><BR>Washington Elementary School Auditorium. Moved by Debeltz supported by Zupec, that the Council approve above requests. Carried unanimously.<BR><BR>Patti Steger informed Council members that the Mukluk Ball ( February 2, 2008 - 7:00 P.M. - Midnight, CC Auditorium) is sponsored by Steger Mukluks and supported by the Ely Winter Festival and WELY, with all proceeds donated to non profit organizations in the Ely community. She is requesting that the City waive all rental and janitorial fees for this event; they are also requesting a volunteer from the Ely Police Department. In order to reduce expenses they will do the set-up on Friday during regular janitorial hours, and will do the main part of the clean-up on Monday during regular janitorial hours. The only special hours they require a custodian on duty is from 5:00 P.M. on February 2nd to 1:00 A.M. on February 3rd. They are requesting that the City be responsible for mopping the auditorium; that city staff repair the wall coming up the stairs at the Ely Community Center, as it has been in bad condition and needs to be repaired. Moved by Zupec supported by Debeltz, that above requests be approved. Carried unanimously. <BR><BR>Moved by Zupec supported by Debeltz, that the City authorize blocking off of parking spaces in front of the Community Center by the Ely Police Department, for the parking of a limousine. Carried unanimously. Council members thanked about individuals/groups for their hard work in putting together the annual Winter Festival. <BR><BR>George Eilertson of Northland Securities was present, to discuss budget bond restructuring and assist the City of Ely with public finance issues. He stated that there are available financing options, and he would respond to any questions Council members may have on any specific items. Mayor Novak noted that at City Budget Committee meetings, various equipment needs by city departments were discussed. Council member Debeltz questioned George whether the City has any existing bond where the City could get a better rate, with George informing Council members that there is nothing out there now - other than restructuring EUC debt - lengthening term to lower debt service. Council member Sheddy questioned the cost for an elevator, and whether a bond or loan would take away from the City's opportunity to borrow. George reported that elevators would fall under a lot of categories in the Capital Improvement Type of Bonds, and offered to work with the City in putting together a five year capital improvement plan, noting a public hearing would then have to be held on the plan. He stated that City's market value is $169 million, and the City could issue up to 3.2 million under its authority. The approximate cost of an elevator would be $200,000, could be considered a bond and would count against the statutory debt of the City. The current interest rates for financing an elevator 10 years is 3.8% and for 30 years is 4.5%. The Federal Reserve Board's next meeting is December 11th. Council member Zupec recommended that George Eilertson be invited back to a meeting with Council members to conduct a workshop on the possible purchase of a fire truck - sewer system upgrades - electrical upgrade line - substation upgrade. Mayor Novak noted that revenue bonds are separate from the City. George also reported that Mary Frances Skala is currently looking at HRA issues/statutes, noting that Mayor Novak's idea ( EDA/HRA ) is an authorized expense. <BR><BR>Council member Lindroos questioned the City's debt limit, and if not a revenue source, would this be counted against the debt limit. George noted that there are limits on borrowing, and most kind of debt doesn't count towards the City's maximum debt limit. Council member Lindroos reported that the City Budget Committee is interested in working with Northland Securities on the possibility of borrowing monies for capital expenditures, with Mayor Novak noting that monies are tight for the City of Ely through May. Council member Lindroos stated that ideally the City should set aside &#189; of the yearly operating funds, in case of an emergency; which these funds could build up over a long period of time. This would take some discipline to set aside these needed revenues. This long range plan could be set for any contingencies the City may have. George commented that the auditor recommends reserve operating funds of 50%. He advised the Council to review the recommendations made by City Auditor Gary Giroux, and start taking small steps to accumulate these funds. Council members concurred with directing the City Administrator to schedule George Eilertson and Mary Frances Skala to attend a future EEDA meeting to discuss these issues. Council members thanked George Eilertson for attending tonight's meeting. <BR><BR>Council member Lindroos reported on behalf of the Ely Airport Commission Meeting of November 13th; effective January 1, 2009, the Commission is recommending the monthly rental fee on airport hangars and garages be raised $5.00 per month. Council member concurred with recommended increases. <BR><BR>Council member Nikkola reported on behalf of the Employee Relations Committee Meeting of November 8th; discussion was held regarding the two week notice given the City by Zoning Administrator Kitty Kennedy, that she will be leaving her position effective November 21st. The ER Committee has recommended that the City Administrator be directed to develop a job description and wage scale for a full time city position to include support services in the Clerk's Office; Planning and Zoning duties in conjunction with the City Building Official; assisting with Civil Enforcement, citations, letters, etc., and assisting with continued development of a City Web site. Moved by Nikkola supported by Lindroos, that recommendation be approved. Carried unanimously. Council member Omerza questioned whether this full time position will be placed in one of the unions. It was noted that this would depend on the job description adopted. Council members agreed that any ideas from individual Council members on what additional duties could be incorporated into a job description for position, be passed on to the City Administrator. <BR><BR>The ER Committee is also recommending that the City accept the EUC General Manager's proposal for retirement and contracting of services with the City of Ely for a three year period of time; 2008-$550/month; 2009 - $600/month; 2010 - $650/month, with additional services at the request of the City Administrator which are out of the scope of the contract to be paid at an hourly rate of $30/hour, with development of contingencies through the process of transferring responsibilities to other positions. Areas for consideration would include decision support, supervision responsibilities, working with the public relations, communications with other service providers, strong consideration on seeking a city engineer, decision process should include the Ely Utilities Commission.<BR><BR>It was noted that this would be taken up under Department Reports, EUC General Manager Consent Agenda Items, on tonight's agenda. <BR><BR>Council member Sheddy reported on behalf of the Ely Planning and Zoning Commission: regarding John Sjoberg's prior request to purchase city land, that the City pay for the survey and appraisal on this property, to be added to party's purchase price with any other additional fees to cover all City expenses. Moved by Sheddy supported by Debeltz, that the City approve the position of paying for survey and appraisal on property prior requested by John Sjoberg for purchase. Mayor Novak stated that the City can recommit original motion to table this request, if not enough support for future rezoning, given by persons living within designated area of this land purchase. <BR><BR>Moved by Sheddy supported by Debeltz, that the City survey land that John Sjoberg would like to purchase, to also get this piece of property appraised, and that the dollars spent on the survey and appraisal be added to the property cost. Carried unanimously.<BR><BR>The Planning and Zoning Commission will then proceed from that point on with their requirements on this parcel of property.<BR><BR>Council member Sheddy also noted that the Ely Planning and Zoning Commission had been approached by Paul and Tracy McDonald, relative to city property next to their residence - Council member Sheddy is looking into the necessity of the City retaining this strip of property at this time. Also, the Ely Bloomenson Community Hospital will be placing a rezoning request in to the Commission for their December meeting. Matter of information.<BR><BR>City Engineer Harold Langowski reported that the Council had already covered the IRR Culture and Tourism Grant when discussing funding options with the Director of the Dorothy Molter Museum. The Deputy Clerk and himself had also discussed the Miner's Dry Building and making application for monies for the acoustic tiling and flooring for the facility. The City of Ely did go to the Mineland Reclamation Department in 2007 for grants, but the requests were denied. The City can reapply in 2008, and would need to come up with matching funds for these Miner's Dry improvements. Council members concurred that the City reapply in 2008 to Mineland Reclamation with grants that were denied in 2007. <BR><BR>Mayor Novak reported that discussion has taken place in the Positive Thinking Campaign<BR><BR>being tied in with the Smile, You're In Ely Campaign. He will be checking with the IRR to see if more than one grant can be applied for. <BR><BR>City Engineer reported that he will be working on a grant application with the Dorothy Molter Museum Director, to place on the first Council meeting in December, to obtain necessary signatures for the December 17th deadline date. The results of the InfraTech Televising Reports are complete and he did bring them to the EUC for review; he will be working in putting together complete report for Ely City Council Members and the EUC, for their December 18th joint quarterly study session. Council member Zupec requested that a report be made available for Council members to review, if the EUC members have already seen the information. Mayor Novak stated that whatever was found, there needs to be clear language in the report as to the City putting into place a preventive maintenance program. City Engineer Langowski will be putting costs together to repair areas recommended/ dealing with water and sewer, and will remit copies to Council members prior to the December 18th meeting. Council member Debeltz questioned Harold whether there are current programs available to the City to assist in financially, with City Engineer noting that the City does have a project currently on the list, towards a Capital Improvements Plan, with application having been submitted to the PFA; CDBG funds are available along with low interest loans; CDBG in 2008 for infrastructure; Rural Development Department; Army Corps of Engineers; and project eligibility for funding of 1% for PFA Loan. Council member Lindroos questioned what percentage of infrastructure was looked at by Infra Tech in their televising, with City Engineer Langowski reporting that there was 3000 feet of televised clay pipe, sections cracked and some sections good - 10% of area televised was bad. He also noted that some of the sewer/water mains in the city are 70 plus years old. Council member Nikkola noted the benefits to lining with clay tile, with City Engineer Langowski reporting that it saves on restoration costs, but the service connections are quite high. Council member Lindroos questioned replacing lines with PBC with City Engineering stating that the design life is around 50 years. When the whole system is fixed it will be fixed forever, with general maintenance. Harold noted that every year the City has been doing some replacement.<BR><BR>EUC General Manager presented the following EUC consent agenda items:<BR><BR>1. Approval purchase of 12 T battery operated hydraulic press from WESCO Distribution Inc. - $2,949.00 ( Border States Quote - $3,138.62);<BR><BR>2. Recommend the proposal for professional services by Terry Jackson be accepted for three (3) years, including items 1-6 defined in the scope of services, along with an additional item, number 7 - a provision requiring a minimum of fifteen (15) hours per month to accomplish the scope of services of the contract;<BR><BR>3. Authorize payment of Infratech Invoice No. PR71019 - Televising - $11,033.85 <BR><BR>( cost account between general fund and enterprise fund);<BR><BR>4. Authorize payment of Infratech Invoice No. PR71020 - Jet/Vac Cleaning - $10,478.00 ( cost account between general fund and enterprise fund);<BR><BR>5. Authorize payment of Electric Pump Invoice No. 0034963-IN - 7.5 HP flygt pump repair - $2,736.83;<BR><BR>6. Authorize payment of bills payable for October 2007 - $198,364.54<BR><BR>INFORMATION<BR><BR>1. RLK will recommend where spot repairs are to be made in conjunction with Infratech Report and RLK inspections.<BR><BR>2. EUC Meeting of November 28th to be cancelled.<BR><BR>3. Dick Zahn to serve on City Insurance Committee;<BR><BR>4. Frontier to provide internet access for employees at joint garage, as Access Wireless is not reliable and employees must go home daily for internet access.<BR><BR>Moved by Sheddy supported by Lindroos, that above items 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>ABSENT: None (0)<BR><BR>Motion carried.<BR><BR>Council member Zupec qualified his no vote on consent agenda item #2, stating that he feels the City is moving too fast on this proposal. <BR><BR>Discussion also took place regarding item #4 listed under Information; Mayor Novak commented that the EUC is spending monies they don't need to; that the report is ridiculous and he does not understand the rationale used, that there are a lot of alternatives available. He feels the City needs to take appropriate action against the provider, stating that he would be willing to work with the provider, asking the EUC to hold off action on item #4 listed under Information. Council members concurred with Mayor Novak's recommendation.<BR><BR>Mayor Novak requested a ten minute recess at 7:55 P.M. for technician to change the recording tape.<BR><BR>Meeting called back to order at 8:05 P.M.<BR><BR>The following claims for payment were presented for approval:<BR><BR>A. IRR - Ely Municipal Airport Runway Extension Loan - $45,000.00 <BR><BR> ( Airport Commission recommending to be paid in full);<BR><BR>B. Bear Island Surveying Inc. - Survey Bid - $2,300.00;<BR><BR>C. St. Louis County - October 2007 Ely Joint Use Facility - $4,207.43;<BR><BR>D. Walker, Giroux and Hahne Ltd. - updating special assessments for County collection ( Spaulding) - $90.00 <BR><BR>Moved by Debeltz supported by Zupec, that claims be allowed and paid. Carried unanimously.<BR><BR>Council member Lindroos questioned Item #1, and whether or not the IRR would accept being paid in full on $45,000 loan, with Mayor Novak noting that there will not be a problem in paying off this loan early.<BR><BR>Communication was received from Zoning Administrator Kathleen "Kitty" Kennedy, resigning from her position as Zoning Administrator for the City of Ely, effective November 21st. Moved by Debeltz supported by Zupec, that letter of resignation be accepted with a letter directed to Kitty thanking her for her years of service and support to the City. Carried unanimously. <BR><BR>Moved by Omerza supported by Zupec, that the City dispense with readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Council member Sheddy informed Council members that at the August 30th Performance Review of the Clerk-Treasurer/Administrator, it was agreed by all parties that the Council and employee meet again in three months to review employee job performance. The agreed to procedure is to use the same evaluation forms used in the August 30, 2007 review, with the date selected for the review being Thursday, November 29, 2007, 6:00 P.M. Ely City Council Chambers. Evaluation forms were submitted to each Council member with directive to return to the Klun Law Office no later than Wednesday, November 21st, as the Klun Law Firm will be compiling the information into a summary and having it for Council to review on Thursday, November 29th. Moved by Sheddy supported by Debeltz, that the Ely City Council call for a special closed meeting of the Ely City Council, pursuant to MS 13D.05, Subd. 3, for performance evaluation of Ely C. Butler, Clerk-Treasurer/Administrator, scheduled for Thursday, November 29, 2007, 6:00 P.M. Council Chambers of the Ely City Hall. Carried unanimously.<BR><BR>Mayor Novak requested the following topics on tonight's agenda under Old Business:<BR><BR>1. Location of normally scheduled City Board/Commission/Committee meetings. He noted that he feels it is less friendly for citizens to attend these meetings by holding them at locations other than the Ely City Hall, which is more centrally located. Council member Zupec agreed that meetings should be held at one centralized location, and that the City now needs to see that the building becomes ADA complaint. Council member Omerza stated that the Ely City Hall is not ADA complaint at this time and she will be voting no due to this issue. Mayor Novak commented that voters need to know meetings are held in a consistent location, which is the Ely City Hall, and if voters cannot make any meetings due to ADA compliance, the City can then so choose to move the meetings to a location which can accommodate these voters. Moved by Sheddy supported by Debeltz, that effective immediately, all City Board, Commission, Committee meetings be scheduled at the Ely City Hall. Council member Sheddy restated his motion by adding that exceptions will be allowed for ADA purposes that are made known prior. Council member Debeltz restated his support. <BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: Council member Omerza (1)<BR><BR>ABSENT: None (0)<BR><BR>Motion carried.<BR><BR>2. EADA Involvement with EEDA - Mayor Novak stated that he had<BR><BR>this item placed on the EEDA agenda because both the EEDA and City Council need to set clear guidelines and expectations regarding the city's expenditures for the Community and Economic Development Joint Powers as well as the Ely Area Development Association. He further stated that he has repeatedly commented at council meetings as well as a Joint Power and EADA meetings, that the Ely City Council needs to decide how the city intends to deal with economic development. There is no clear message from the city resulting in an emotional charged debate whenever the subject arises, with Mayor Novak stating there is no doubt that there is a philosophical difference between the current Executive Director of EADA and himself, as to how economic development should proceed in the City of Ely. The second follow up item is SATO lessons learned, which should be discussed with the EEDA needing to set a direction regarding how to proceed on this item. Moved by Debeltz supported by Nikkola, that the City Administrator be directed to send a letter to the EADA/Community Joint Powers Board, requesting that Mayor Novak's communication dated November 12, 2007 be placed on the January quarterly meeting agenda, as a key item for discussion. Carried unanimously.<BR><BR>Mayor Novak commented that the EEDA needs to be directly involved in economic development, and that with this brainstorming session, the City can start prioritizing by getting all parties at the table with ideas.<BR><BR>Council member Debeltz offered the following ordinance: Proposed Ordinance No. 208, Second Series, An Ordinance of the City of Ely, Minnesota, Amending Chapter 3 ofo 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>SEC. 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 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, wastewater collection, and wastewater 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 repeated 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 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.<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 Debeltz, 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>ABSENT: None (0)<BR><BR>Ordinance #208, Second Series, adopted and given a second and final reading and publication, this 20th day of November 2007.<BR><BR>Council member Zupec requested placement under New Business, City Buildings Needs Assessment: The City of Ely current owns the following buildings - City Hall, Community Center, Wastewater Treatment Plant, Hidden Valley, Water Plant, Pump House, Lincoln Rink, Pioneer Mine, Semer's Park, Whiteside Park, Cemetery, Garages, Miner's Dry. He stated that none of the buildings are in true compliance with the Minnesota Human Rights Act, and that the Council needs to look at what our buildings need and what the City can afford as to general maintenance. He noted that the log buildings at Whiteside Park need to be re-stained, and Semer's Park structures need new roofs. He also recommended the Council look a look at long term planning for a Trail Head at the Miner's Dry Building. Council member Omerza noted that the new recreation complex will be ADA compliant, and that the City Parks and Recreation Board are currently discussing on improvements to Whiteside and Semer's Park structures. Mayor Novak questioned how many buildings the city needs to house staff, equipment and what the City can afford. Council member Debeltz questioned whether it would be possible for the City to include in future bonding requests, ADA accessibility for City owned buildings. Council member Sheddy recommended that the City prioritize current buildings and to move forward. Mayor Novak also recommended that the City Engineer work with the Ely Community Projects Committee in working out a time line over an extended period of time ( 10 - 15 years), to complete a needs assessment on city owned buildings. Council members concurred with Mayor Novak's recommendation. Council member Zupec recommended that the Community Center be part of a redevelopment project for the whole Chapman Street district, with Council to really analyze the long range needs of the community. Council member Lindroos suggested that the Council prioritize between the Ely City Hall and Ely Community Center, to go by the Engineer's report in obtaining reasonable evaluations of both buildings. Council member Zupec also recommended that the Council look at the potential of the Lucky Boy area, to save the City money. <BR><BR>The City of Ely Insurance Committee has been reactivated to consist of the following recommended individuals from each group: Council representative Mark Zupec, EUC representative Dick Zahn, City Administrator, LELS representative John Lahtonen, Barbara Mathews, AFSCME Confidential Unit, Steve Krtinich, AFSCME Basic, Rachel Heinrich, Supervisors of Other Than Essential Employees, Archie Manning, Supervisors of Essential Employees. Moved by Debeltz supported by Omerza, that above committee members be appointed. Carried unanimously.<BR><BR>Council member Zupec offered the following resolution: 2007 - 39<BR><BR>WHEREAS: Ely Golf Club, PO BOX 507, Ely, Minnesota 55731 has applied for a Minnesota Lawful Gambling Application to conduct a RAFFLE on August 16, 2008, at the Ely Community Center, 30 South First Avenue East, Ely, Minnesota 55731, and<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and that the Ely Golf Club be authorized to submit the necessary paperwork to the State of Minnesota Department of Gaming, Gambling Control Division.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Zupec, 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 20th day of November 2007.<BR><BR>Council member Omerza offered the following resolution: 2007-39<BR><BR>Resolution Setting a Public Hearing On A Vacation<BR><BR>WHEREAS: The City Council of the City of Ely, Minnesota, pursuant to its Charter and Minnesota Statutes, desires to consider the vacation of a portion of MNDOT - deeded property, which has by operation of statues become a street, between 14th and 15th Avenue, and Sheridan Street and Chapman Street, legally described as:<BR><BR>All that part of Lots 1 and 2, Block 6, Zaverl's Addition to Ely, which lies northeasterly of a line beginning at a point on the west line of said Block 6, distance 50 feet southerly, when measured at right angles, from the line hereinafter described; thence run southeasterly, on a straight line, to a point on the east line of said Block 6, distance 75 feet southwesterly, when measured at right angles, from said line hereinafter described: Beginning at a point on the west line of NE &#188; of NE &#188;, Section 34, Township 63, Range 12, distance 302.8 feet south of the northwest corner thereof; thence run southeasterly at an angle of 89 degrees 47' with said west line for a distance of 157.7 feet; thence deflect to the right on a five degrees 00', curve, delta angle 90 degrees 12' for a distance of 400 feet and there terminating, <BR><BR>AND<BR><BR>All that part of Lots 3 to 12, Block 6, Zaverl's Addition to Ely which lies northeasterly of a line beginning at a point on west line of said Block 6, 50 feet southerly when measured at right angles from said line hereinafter described, thence southeasterly on a straight line to a point on east line of said Block 6, 75 feet southwesterly when measured at right angles from said line hereinafter described, except right of way of existing highways: Beginning at a point on west line of NE &#188; of NE &#188;, Section 34, Township 63, Range 12, 302.8 feet south of northwest corner thereof; thence southeasterly at an angle of 89 degrees 47' with said west line for a distance of 157.7 feet; thence to the right on a 5 degree curve delta angle 90 degrees 12' for 1804.4 feet and there terminating.<BR><BR>NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ELY, MINNESOTA:<BR><BR>The Council will consider the vacation of such land and a public hearing shall be held on such proposed vacation on the 17th day of December 2007, before the City Council in the City Hall located at 209 East Chapman Street, Ely, Minnesota, at 5:30 P.M., and the clerk shall give published and posted notice as required by law. <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 20th day of November 2007.<BR><BR>Moved by Debeltz supported by Omerza, that tonight's meeting adjourn. Carried unanimously. Adjournment at 8:45 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 12/1/2007