City of Ely minutes from March 4, 2008

Draft Meeting Minutes<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, March 4, 2008<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 thanked all those in the audience for attending tonight's meeting, along with those viewing the meeting on Public Access Channel 11.<BR><BR>Mayor Novak requested the following addition to tonight's agenda: VIII. New Business, Item E. #3: City to repost for Civil Enforcement Administrative Hearing Judges. Moved by Debeltz supported by Nikkola, that addition be approved. Carried unanimously.<BR><BR>Council member Lindroos requested the following addition to tonight's agenda: VIII. New Business, Item I. - EMS Safety Center presentation. Moved by Debeltz supported by Omerza, that addition be approved. Carried unanimously.<BR><BR>Mayor Novak noted that there will be a Special Ely City Council Study Session scheduled for Tuesday, March 11, 2008, 5:00 P.M. Council Chambers of the Ely City Hall, at which time George Eilertson, Northland Securities, will be present to discuss various financing package options with the City of Ely. Council members concurred with the scheduling of this special study session.<BR><BR>Mayor Novak then presented a plaque of appreciation to former EUC General Manager Terry Jackson, who has retired from his position with the City of Ely effective February 29, 2008, thanking Terry on behalf of the City Council and Ely Utilities Commission, for his many years of service to the community. <BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the Regular Ely City Council Meeting of February 19th and the Special Ely City Council Meeting of February 23rd, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>Nancy Larson, Community Coaching Inc., appeared before the Council regarding submitting her name for city consideration in assisting the City of Ely in applying for assistance through Homeland Security FY 2008, for the purchase of a new city fire truck. She noted that she is very familiar with current FEMA/Homeland Security Programs. <BR><BR>If the City approves of retaining her for this project, she would submit a letter to the IRR on behalf of the City of Ely, for financial assistance in covering her fee. Moved by Zupec supported by Debeltz, that Nancy Larson be retained by the City of Ely, to submit a grant application to the Department of Homeland Security FY 2008, for a new fire truck for the City of Ely as current fire truck is 61 years old, along with appropriate grant application to the IRR for grant writing services, with project to be coordinated through the City Attorney's Office. Carried unanimously. Council members thanked Nancy for appearing before the Ely City Council at tonight's meeting. <BR><BR>Mayor Novak then read into the minutes, the following "OPEN LETTER TO THE CITIZENS OF ELY" on behalf of the Ely City Council:<BR><BR>We are pleased to announce the recent hiring of Harold Langowski to fill the newly created position of Operations Director. Mr. Langowski has served as the City Engineer in the past, and we believe he will be a tremendous asset to the City's staff.<BR><BR>We are also proud of our approval of a new and updated hiring policy to guide us in our hiring practices. We hope this policy streamlines our hiring process, and ensures compliance with the applicable law. Further, as representatives of you, the citizens of Ely, we feel it is timely to address any concerns you may have regarding our hiring practices.<BR><BR>We are committed to hiring capable, well-qualified people for open city positions in compliance with the law. We are not interested in withholding public information, especially since we fully understand that the information will become public if any applicant is interviewed by the city council. However, we are mindful of the Minnesota Data Practices Act and other applicable laws, and we will not disclose private or confidential data until the appropriate time.<BR><BR>How would you feel if you found out a prospective employer was considering you for an interview by reading it on the front page of the newspaper? How would your current employer react? The Data Practices Act presumes applicant information is private. Very limited information is public. For example, names of applicants become public only if they have been selected to be interviewed by the full city council, and are therefore considered finalists. An untimely release of applicants' names could be a violation of the law.<BR><BR>The hiring policy dictates that an outside consultant will typically rank the applicants and provide that information to the City Clerk's Office. Then, a committee coordinated by the Clerk-Treasurer will either interview and recommend selection to the Council, or recommend the number of candidates to be interviewed by the Council. If the Council interviews, names will be made public once applicants are selected for interview.<BR><BR>We wish to remind the citizens and the media that requests for data, such as hiring issues, should be made to the City Clerk's office during regular business hours. Please also understand that consistent with the Data Practices Act, information will be made public in a reasonable time. This may mean that information is not released until the following business day and in some cases longer than that.<BR><BR>The City of Ely relies on its career employees and respects their dedication to do what is best for the City by following all applicable state and federal laws, by engaging an independent consultant, by seeking the advice of our attorney, and by using plain old "common sense" to protect the privacy of individuals who apply for City positions.<BR><BR>Again, we are committed to hiring qualified employees to give the citizens of Ely the best services and support for their tax dollars. There is no agenda, or benefit to us, by withholding information that is deemed to be public. We are, however, committed to protecting private and confidential personnel data, for both applicants and employees, pursuant to law, and releasing it only at the proper time to protect the privacy of the individuals.<BR><BR>/s/ Charles J. Novak, Mayor<BR><BR>Ely City Council<BR><BR>The City of Ely will be publishing this letter in the Ely Echo, Ely Shopper, Ely Timberjay as a matter of record. <BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>LMC Legislative Conference - April 9th - 10th, St. Paul; 2008 LMC Annual Conference - June 11th - 13th, Rochester - ( Mayor and Council members authorized to attend* also any city department head to be included with annual conference attendance - make reservations with Deputy Clerk);<BR><BR>Bob Martimo, St. Louis County - hiring of a full time maintenance person for the Ely Joint Maintenance Facility with City to share expense ( refer to City Budget Committee for consideration);<BR><BR>EUC General Manager Terry Jackson - DRAFT City of Ely Sanitary Maintenance Policy ( INFORMATION);<BR><BR>St. Louis County - Agreement - Ely Salt Storage Building Final Version <BR><BR>( INFORMATION) - new copies of agreement forthcoming for action);<BR><BR>All Night Graduation Party - Ely High School - requests for donation of time, prize or monetary donation ( Council members to donate on their own);<BR><BR>St. Louis County - Income Guidelines - HUD ( Council to accept as guidelines for Ely Rehab Loan Applications guidelines - low income column);<BR><BR>City of Ely 2008 Volunteers of the Year Nominations - remit letter of nomination to the Clerk-Treasurer's Office by March 25, 2008);<BR><BR>Ely Municipal Airport Proposed DBE Goal, Federal Fiscal Year 2008 ( Council authorization for Deputy Clerk to publish ad);<BR><BR>City approval of entering into one month interim contract with Terry Jackson - volunteer services to the City of Ely for month of March 2008 ( contingent upon City Attorney review and acceptance - Mayor/Deputy Clerk authorized to sign);<BR><BR>Moved by Zupec supported by Debeltz, that above items #1 - 8 be approved and ordered filed. Carried unanimously.<BR><BR>Council member Zupec recommended that above item #9 be put out on proposals, as there are firms that now hold the Class A License needed for operation of the water/wastewater treatment plants. Council member Debeltz stated that the City needs the license to continue to operate plants and he is recommending that the City enter into interim contract with Terry Jackson.<BR><BR>Moved by Sheddy supported by Nikkola, that consent agenda item #9 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 Debeltz reported on behalf of the Donald G. Gardner Humanities Trust Board: he did speak with executive director Keiko Williams as to the clerk's office request that minutes of the Board be remitted for record. He also reported on the recent RAMS Meeting he had attended, of which group discussion evolved around the State Budget Shortfall. Matter of information.<BR><BR>Council member Sheddy reported that the City Buildings Facility Group had met and are recommending that an energy audit be performed on the Ely City Hall, Ely Community Center and SATO Building. Moved by Sheddy supported by Debeltz, that recommendation be approved. Carried unanimously. Council member Zupec noted that the information from the audit will be very beneficial to the City. Council member Sheddy also noted that the City of Ely will be calling for proposals for City Architect, and that whomever is awarded proposal will be involved with this project from the beginning. <BR><BR>Council member Omerza reported on the Telecommunications Advisory Board Meeting of March 3rd: Board members discussed and recommended deleting the EUC General Manager position from current ordinance as a Board Member, inserting in its place an Ely Resident, Charter Subscriber. Moved by Omerza supported by Debeltz, that above recommendation be approved and referred to the City Attorney for proper amendment to current ordinance. Carried unanimously.<BR><BR>Council member Omerza noted that the Telecommunications Advisory Board had also discussed current contract with Voltz Technologies for a City Web Site. Mayor Novak had provided Council members and TAB Members with a communication recommending that the City engage govoffice.org to assist the City of Ely in setting up a City Web Site. This particular site is user friendly and currently used by the LMC - City staff would be able to update information on this site. Moved by Omerza supported by Debeltz, that per the recommendation of the Telecommunications Advisory Board, the City terminate current contract with Voltz Technology for City Web Site services, and pursue the Gov.org web site for future City of Ely Web Site. Carried unanimously.<BR><BR>Council member Omerza brought up a bulletin received from the Coalition of Greater Minnesota Cities, Holly J. Thompson ( Flaherty-Hood) noting that both the House and the Senate voted on February 25th to override the governor's veto of the comprehensive transportation bill, H.F. 2800-Leider/S.F. 2125-Murphy. Two rural Republicans made a very difficult decision to break from their party to vote for the override; four metro Republicans also voted to override the veto. Moved by Debeltz supported by Omerza, that the Ely City Council send a letter of gratitude to the following six Republican Representatives; Rep. Rod Hamilton, Mountain Lake; Rep. Bud Heidgerken, Freeport; Rep. Jim Abeler, Anoka; Rep. Erhardt , Edina; Rep. Neil Peterson, Bloomington; Rep. Kathy Tingelstad, Andover. Carried unanimously.<BR><BR>Council members Debeltz and Zupec also recommended that Council members send separate letters of thank you to these individuals, on their own, also.<BR><BR>Moved by Debeltz supported by Zupec, that the Ely City Council send a letter to the State requesting matching dollars as to Federal allocation, for repair of Highway #169; said monies to be generated through the transportation bill. Carried unanimously. The State has approved funding for the Highway #169 Project and the City now needs to work to insure that Federal funds are put in place for Highway #169 Project. <BR><BR>Mayor Novak reported on the Community Economic Joint Powers Meeting of February 27th; discussion was held pertaining the goal of developing a more direct and efficient roadway connection between Hoyt Lakes and Babbitt, improving connectivity across the broader East Iron Range region, which would lead to reduced travel time, economic development, recreation and tourism, including connections to the Superior National Forest Scenic Byway and the Mesabi Trail; the EADA meetings are currently being put on hold as a needs assessment is now going on. Council member Zupec questioned the time line for completing the needs assessment, with Mayor Novak noting the group is waiting to hear - the Community Economic Joint Powers will be meeting on March 26th.<BR><BR>City Attorney Bentz had drafted a proposed Joint Resolution for Orderly Annexation between the City of Ely and Town of Morse. Assuming parties come to an agreement and sign the joint resolution, it will be submitted to Municipal Boundary Adjustments without the necessity of a hearing, etc. Council members requested that a copy of Draft Resolution be sent to the Town of Morse for review by their attorney Mitch Brunfelt, requesting that after review a meeting then be scheduled to discuss this draft resolution.<BR><BR>City Attorney Bentz prepared a Draft RFP for City Architect, which was also reviewed by City Engineer Harold Langowski. Moved by Omerza supported by Zupec, that the Clerk's Office be directed to put this Request For Proposals out on Bids. Carried unanimously.<BR><BR>City Engineer Harold Langowski was present at tonight's meeting, reporting to the Council on a Miner's Dry Update: the applications have been resubmitted to the IRR Mineland Grants Program, and at this time, one issue needs to be taken care of - electrical equipment needs to be installed. If the flooring/tile is approved through the IRR grant request, the City then needs to get a schedule in place. Moved by Zupec supported by Omerza, that the City call for quotes to get the electrical work completed at the Miner's Dry. Carried unanimously.<BR><BR>City Engineer Harold Langowski requested Council approval in advertising for bids, for Harvey/Conan Alley Utility Improvements, 3rd Avenue East Sewer Improvement, said bids to be received until Tuesday, April 1, 2008, 11:00 A.M. Moved by Omerza supported by Debeltz, that request be approved. Carried unanimously.<BR><BR>Deputy Clerk Wellvang requested Council approval in City bills and payroll for February 2008, totaling: $595,573.21 and EUC bills and payroll for February 2008, totaling:<BR><BR>$ 374,197.76. Moved by Zupec supported by Debeltz, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Deputy Clerk Wellvang reported that a letter of acceptance was received by the City of Ely from Harold Langowski, for the City offering of the position of City Operations Director of Public Works and Utilities, and Harold's employment will begin March 24, 2008. Council members Lindroos, Omerza, along with Deputy Clerk Wellvang had been authorized by the Council prior, to meet with Mr. Langowski to negotiate a contract. Moved by Nikkola supported by Omerza, that the written negotiated items from group be approved as an addendum to current contract, and that the position be placed in the Supervisors of Other Than Essential Employees Agreement for years 2008 and 2009, with the Mayor and Deputy Clerk authorized to sign contract addendum.<BR><BR>Carried unanimously.<BR><BR>Deputy Clerk Wellvang reported that the Public Works General Foreman had obtained a quote on a used vehicle for the City Operators Director, ( 2007 Impala) from Mike Motors, Ely, for the price of $14,800 plus tax and license. The EUC will be requested to share &#189; cost.<BR><BR>Deputy Clerk will be bringing this to the City Budget Committee for consideration at their March 13th meeting.<BR><BR>Deputy Clerk Wellvang reported that the Clerk's Office has received no response to date, from City Building Official Pat Conery, pertaining to the February 14, 2008 communication from the Ely City Council, requesting a meeting with the building official over some current contractual items. Moved by Sheddy supported by Zupec, that the City Negotiating Committee be requested to set up a meeting with the Building Official to review current contract in trying to resolve any differences between both parties. <BR><BR>Carried unanimously. Council member Nikkola stated that he has a conflict and will not be sitting in as part of the City Negotiating Committee - Council member Zupec volunteered to take his place on this Committee in meeting with the building official. <BR><BR>Council member Sheddy reported that the building official had contacted him at home, informing him that according to his contract, the building official did not have to have set office hours per his contract, and that this was part of his original negotiation with the City. Council member Lindroos noted that he was involved in the original negotiations with the building official, and that whatever is stated in the contract, parties should be held to it. <BR><BR>Deputy Clerk Wellvang reported that as of this date, the City has not received the rankings back from the City's personnel specialist on the Clerk-Treasurer employment applications, but she is requesting that the Council schedule a special meeting of the council to take place on Saturday, March 15, 2008, beginning at 9:00 A.M., City Hall Board Room, at which time interviews will be scheduled for the position of City Clerk-Treasurer (as the rankings along with personnel specialist's suggestions should be received and reviewed by Council members Lindroos, Omerza and herself shortly), and to address any other business pertaining to the Clerk-Treasurer position. If needed, a special meeting also be scheduled for Saturday, March 22, 2008, 9:00 A.M. City Hall Board Room, for a second round of interviews. Moved by Zupec supported by Omerza, that the Council schedule two special city council meetings, as noted above. Carried unanimously.<BR><BR>Deputy Clerk Wellvang reported that as of this date, the City has not received the rankings back from the City's personnel specialist on the Confidential Accounting Clerk employment applications, and she is requesting two volunteers from the Council to assist her in setting up the interview process, along with City Accountant Bob Hedloff. Council members Lindroos and Sheddy volunteered to take part in the interview process representing the Ely City Council.<BR><BR>EUC General Manager presented the following consent agenda items:<BR><BR>Authorize Patterson Pump Company to provide spare parts of influent pump at WWTP - $5,057.00;<BR><BR>Recommend EUC purchases electrical equipment for Spectrum Project to be reimbursed from IRR Grant;<BR><BR>Authorize payment of KBM, Inc. Invoice No.010810- Spectrum Design - $4,032.54;<BR><BR>Authorize payment of Cannon Technologies Invoice No. M002413 - $3,241.60<BR><BR>Moved by Debeltz supported by Nikkola, that above items #1 - #4 be approved and ordered filed. Carried unanimously.<BR><BR>INFORMATION<BR><BR>Purchase 2,500' reel of 1/0 aluminum wire for underground reroute of S feeder of Sub A - $4,925.00 ( to be reimbursed from IRR Grant);<BR><BR>Renew QCF CD #70200750 for two (2) years;<BR><BR>GM provided Allied Adjusters with DRAFT City of Ely Sanitary Sewer Cleaning Policy.<BR><BR>The following claims for payment were brought before the Council for approval:<BR><BR>St. Louis County - Balance due on Trezona Trail Project - final funding request - $1,928.04;<BR><BR>Spectrum Health Care Project * IRR Grant<BR><BR>Nor-Son Construction Services - Architectural services - utility and site work - $21,215.00;<BR><BR>Commercial Partners - abstracting fees, assessment search, examination fee - $1,015.00;<BR><BR>St. Louis County - December 2007 Ely Joint Complex - $7,314.80;<BR><BR>TKDA - Ely Municipal Airport 2008 CIP - architectural fees - $3,694.31; approve contingent upon Airport Commission approval<BR><BR>US Bank - Ely General Obligation Crossover Refunding Bond of 2003 - $55,410.00;<BR><BR>Salerno Appraisals - City property appraisal order - $350.00;<BR><BR>Community Economic Development Joint Powers - 1st quarter 2008 share of budget - $12,862.65; Ely Annual Membership Fee - $1,000.00<BR><BR>Moved by Debeltz supported by Zupec, that above claims be allowed and paid. Carried unanimously.<BR><BR>Communication was received from the Ely Greenstone Public Art Committee, informing the Council of their plans for the 2008 Juried Art Show and Sale/Taste of Ely event. This year includes "The Creatures of the Wilderness World" Auction sponsored by Ely's Chamber of Commerce and a Mining Exhibit to be held August 1 - 3, 2008, at the historic Miner's Dry Building. Last year the Juried Art Show displayed more than 80 pieces of art, and this number could increase substantially with a larger venue such as the Miner's Dry Building. The Taste of Ely pre-viewing party is scheduled for Friday evening, August 1st and the Wilderness Auction, August 2nd. These are two major fundraisers of the group, which support art education programs and public art projects in the Ely area. Although the Miner's Dry was dedicated in 2001, this event would be an appropriate occasion for a Grand Opening complete with ribbon cutting by local officials. Moved by Sheddy supported by Debeltz, that request be approved subject to the submitting of proper paperwork to the City of Ely. Carried unanimously.<BR><BR>Moved by Omerza supported by Zupec, that the City of Ely dispense with readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Mayor Novak placed his listing of City Council Goals/Objectives 2008 on tonight's agenda under Old Business;<BR><BR>Develop an area wide strategy in support of the mining initiatives being pursued;<BR><BR>Implement the mining strategy - identify a focal point for all area members;<BR><BR>Develop, create and distribute marketing materials in the form of a City Web Site, a brochure, several mailings and a DVD presentation;<BR><BR>Call a minimum of one Fortune 500 company per week to inquire if an expansion or relocation to the Ely area might be considered;<BR><BR>Prepare and maintain a presentation of incentives that can be offered to prospective businesses;<BR><BR>Establish a Chapman Street redevelopment plan;<BR><BR>Complete the amended orderly annexation agreement with Town of Morse;<BR><BR>Monitor DOR Beta Testing of seasonal employees to reach a goal of 90 employees annually;<BR><BR>Complete an updated housing stock study;<BR><BR>Complete a Mesabi Trail - Trail head proposal;<BR><BR>E-Commerce certified.<BR><BR>Mayor Novak recommended that the Council finalize above list along with any recommended additional items at their March 11th EEDA Meeting, to be submitted for Council consideration on the March 18th Agenda, and brought up at the next Community Joint Powers Board Meeting. Council members concurred with recommendation.<BR><BR>Council member Zupec stated that with the future copper nickel production tax, a formal plan would be a wonderful economic tool for our area.<BR><BR>Deputy Clerk Wellvang noted that the Council had previously approved having all City owned buildings appraised, and at this time, she would like a more definitive list of what buildings the Council wishes to order appraisals for. Moved by Nikkola supported by Sheddy, that the Buildings Facility Group be tasked with making a determination as to what City buildings should be appraised. Carried unanimously.<BR><BR>Council member Omerza requested that the JFK Building be placed on tonight's agenda under Old Business noting that it was her understanding that the City would give the school district and St. Louis County Offices housed there, either the thumbs up or down by March as to any type of assistance the City would provide the school district in keeping this building open through the 2008/2009 school calendar season. <BR><BR>It was noted that the current cost to heat this building is $32,152.00 based on prior year's usage. There has been no official report from SEH Engineering of the walk-through that was done on city buildings, including the JFK, early this year. Moved by Omerza supported by Sheddy, that the City assist the Ely School District in heating the JFK Building until the end of the 2008/2009 school calendar.<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 by stating that approving the City financially assisting the Ely School District in the heating of the JFK building for 2008/2009 is premature. Council member Omerza recommended that the City look at renting out the building to make money; Council members stated that this is the School Board's responsibility in offering this space out for rent, the City was going to work with the School, but it appears that the School Board wrote the JFK Building off at this time, dropping this building off of their radar. Council members urged the Ely School Board to actively search for tenants to rent out the now closed offices at the JFK Building. Mayor Novak volunteered to talk with the Ely School Board Chair to move forward on this matter. Council member Omerza stressed that the St. Louis County Offices cannot leave the Ely area, and that space is needed to retain the HeadStart and Happy Days programs. Council member Zupec commented that the City has not gotten any information from SEH Engineering in a timely manner, with Council member Debeltz suggesting that the City look at a clause in any type of agreement that the building will remain open for the 2008/2009 school calendar season, with the City assisting the School District in the heating costs, but that both groups continue to go after the facts requested in making a decision on the JFK Building for the future. Mayor Novak stated that if a decision is reached not to keep the JFK Building open, then St. Louis County and other parties now renting space in the building need to be advised in a timely manner. The information from SEH is needed in order to discuss the total viability of this building.<BR><BR>Mr. John Sjoberg had approached the City of Ely with his interest in purchasing property near his residence of 11 West James Street, Ely. The City of Ely had this property surveyed and appraised. Moved by Debeltz supported by Zupec, that the Clerk-Treasurer's Office be directed to send a letter to John Sjoberg, informing him that the appraised value of this property is $17,500.00; cost of appraisal being $350.00; cost of surveying being $1,635.00, totaling: $19,485.00. Carried unanimously.<BR><BR>Council member Zupec offered the following resolution: 2008-9<BR><BR>WHEREAS: Ely Igloo Snowmobile Club has a need to overlay land portion of trail between Burntside Lake and Mud Lake with class five like material to remove large rocks that groomer keeps breaking on, and leveling of trail where side slope is so great that the drag "slides" off the trail, and<BR><BR>WHEREAS: Ely Igloo Snowmobile Club ( Lake Trail/Ely-Vermilion) would like to level two miles of the trail at $8,820.00 per mile, with said number approved by the DNR and,<BR><BR>WHEREAS: With current groomer braking cleats and dragging from exposed rocks and side hill needing to either be excavated or filled so drag will stay on trail, this will provide a safer trail for all riders,<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely act as a sponsor to the Ely Igloo Snowmobile Club in making application to the Minnesota DNR Capital Improvements Projects Division, for assistance on the Burntside to Mud Lake Overlay<BR><BR>( Lake Trail - Ely - Vermilion) in the amount of $11,466.00, and that the Mayor and Clerk-Treasurer be authorized to sign all necessary paperwork pertaining to said grant, on behalf of the City of Ely.<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 4th day of March 2008.<BR><BR>Council member Zupec offered the following resolution: 2008 - 10<BR><BR>Resolution Setting a Public Hearing On A Vacation<BR><BR>WHEREAS: The Ely City Council of the City of Ely, Minnesota, may determine to vacate a portion of Pioneer Road and Yukon Drive in the plat of "North Chandler Third Addition" located in the Northeast Quarter of the Southeast Quarter of Section 28, Township 63 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the line common to Lot 25 and Pioneer Road of said "North Chandler Third Addition" to bear North 28 degrees 48'00" East and from the corner common to Lot 18, Lot 25 and Pioneer Road of said plat, run south 60 degrees 42'27" East, a distance of 50.00 feet to the southeasterly Right-of-Way of Pioneer Road; thence North 28 degrees 48'00" East along said southeasterly Right-of-Way, a distance of 110.51 feet to a tangential curve concave to the Southeast; thence Northeasterly along said tangential curve on said southeasterly Right-of-Way, central angle of 17 degrees 10'16", radius of 293.31 feet, a distance of 87.90 feet to the POINT OF BEGINNING.<BR><BR>Thence continue northeasterly along said tangential curve on said southeasterly Right-of-Way, concave to the southeast, central angel of 13 degrees 09'28", radius of 293.31 feet, a distance of 67.36 feet;<BR><BR>Thence North 59 degrees 07'45" East on said southeasterly Right-of-Way, a distance of 112.09 feet to a nontangential curve concave to the southeast.<BR><BR>Thence northeasterly along said nontangential curve, chord bearing of North 38 degrees 24'11" East, chord distance of 33.92 feet, central angle of 01 degrees 26'27", radius of 1348.90 feet, a distance of 33.92 feet;<BR><BR>Thence North 17 degrees 39'21" West, a distance of 39.03 feet to the northwesterly Right-of-Way of said Pioneer Road;<BR><BR>Thence South 59 degrees 07'45" West along said northwesterly Right-of-Way, a distance of 152.73 feet to a tangential curve, concave to the northeast;<BR><BR>Thence southwesterly and northeasterly along said tangential curve on said Right-of-Way, central angle of 149 degrees 42'50", radius of 21.24 feet, a distance of 55.50 feet;<BR><BR>Thence South 28 degrees 50'35" Weset, a distance of 52.41 feet to a tangential curve concave to the northeast;<BR><BR>Thence Southeasterly along said tangential curve, central angle of 88 degrees 07'25", radius of 60.00 feet, a distance of 92.28 feet to the POINT OF BEGINNING.<BR><BR>Said parcel contains 0.27 acres.<BR><BR>A portion of Pioneer Road and Yukon Drive in the plat of "North Chandler Third Addition" located in the Northeast Quarter of the Southeast Quarter of Section 28, Township 53 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the line common to Lot 25 and Pioneer Road of said "North Chandler Third Addition" to bear North 28 degrees 48' 00" East and from the corner common to Lot 18, Lot 25 and Pioneer Road of said plat, being the POINT OF BEGINNING, run south 60 degrees 42'27" East, a distance of 50.00 feet to the southeasterly Right-of-Way of Pioneer Road.<BR><BR>Thence North 28 degrees 48'00" East along said southeasterly Right-of-Way, a distance of 110.51 feet to a tangential curve concave to the Southeast;<BR><BR>Thence Northeasterly along said tangential curve on said southeasterly Right-of-Way, central angle of 13 degrees 12'30", radius of 293.31 feet, a distance of 67.62 feet to a nontangential curve concave to the Northeast;<BR><BR>Thence Northwesterly along said nontangential curve, chord bearing of North 48 degrees 48'17" Weset, a chord distance of 29.09 feet, central angle of 20 degrees 57'05", radius of 80.00 feet, a distance of 29.25 feet to a second nontangential curve concave to the northwest;<BR><BR>Thence Southwesterly along said second nontangential curve, chord bearing of South 65 degrees 38'12" West, chord distance of 48.90 feet, central angle of 36 degrees 32'03", radius of78.00 feet, a distance of 49.74 feet;<BR><BR>Thence North 32 degrees 22'35" West, a distance of 7.97 feet to the Northwesterly Right-of-Way of Pioneer Road;<BR><BR>Thence South 28 degrees 48'00" West along said Northwesterly Right-of-Way, a distance of 147.52 feet to the POINT OF BEGINNING.<BR><BR>Said parcel contains 0.19 acres.<BR><BR>NOW, THEREFORE BE IT RESOLVED: By the City Council of Ely, Minnesota:<BR><BR>The Council will consider the vacation of such streets and a public hearing shall be held on such proposed vacation on the 1st day of April 2008, before the City Council in the City Hall at 6:00 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 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 4th day of March 2008.<BR><BR>Council member Zupec offered the following resolution: 2008-11<BR><BR>WHEREAS: V.F.W. Post #2717, 2 West Sheridan Street, Ely, Minnesota 55731 has submitted an application for a Minnesota Lawful Gambling Premises Permit application;<BR><BR>WHEREAS: Such license is to be used for lawful gambling at the V.F.W. Post #2712, 2 West Sheridan Street, Ely, Minnesota 55731, and<BR><BR>WHEREAS: The City of Ely has no objection to the conduct of lawful gambling by the applicant, in accordance with law, at the designated location.<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Ely City Council of Ely, Minnesota hereby approves the application as presented.<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 4th day of March 2008.<BR><BR>Deputy Clerk presented the Council with her recommendation to retain Mike Hillman, to write grant applications to USX Foundation, Pittsburgh, for renovation to the Captain's Dry, continued maintenance on the Miner's Dry, radial smokestack, headframe, along with the possibility of creating a trail head in that immediate area. USX has given out grants for projects similar to the City's requests, and the former USX Pioneer Mine Site would be so appropriate to receive this funding. She noted that Mike Hillman had successful put together a grant to the IRR Mineland Recreation Area for radial smokestack and Miner's Dry sprinkling system, and that he would do a wonderful job being a historian, in putting together this grant application. Moved by Zupec supported by Sheddy, that the Council approve of recommendation, referring to the City Budget Committee to find the necessary funding for the fee set by Mike Hillman for assisting the City in writing this grant application. Carried unanimously.<BR><BR>Public Works General Foreman Mike Popesh, appeared before the Council at their February 26th Study Session, requesting Council approval in the purchase of a reconditioned Elgin Pelican Model SE Sweeper, ( per bid to the State of Minnesota Contact #437708, Release S-843 (5), contract period May 25, 2007 through April 30, 2008, MacQueen Equipment Inc. Stock #US06258. Moved by Debeltz supported by Zupec, that the City authorize the purchase of above used sweeper, for the price of $72,155.00. Carried unanimously. Council member Sheddy reported that Tim Riley, Wells Fargo Bank, Duluth, had emailed him regarding a loan package that Wells Fargo may be able to assist the City with, consisting of a rate below the rate of bonds, in putting together a financial package for purchasing capital equipment. Council members directed the Deputy Clerk to arrange Mr. Riley to appear before the City Budget Committee with information.<BR><BR>At the February 26th Ely City Council Study Session, the Council also discussed recommending directing the City Attorney to enter into negotiation with Ely Bloomenson Community Hospital Administrator John Fossum, for sharing in the services of current hospital human resource director Richard Rand, to assist the City of Ely when services would be required. 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 stated that he would like to see the City go out for proposals on these specialized services.<BR><BR>At the February 26th Ely City Council Study Session, current civil enforcement procedures were discussed with Civil Enforcement Officer George Burger present.<BR><BR>Moved by Debeltz supported by Nikkola, that the City of Ely advertise for Administrative Hearing Judges to be compensated and appointed by the Ely City Council, to address civil enforcement issues when required. Carried unanimously.<BR><BR>Deputy Clerk Wellvang informed Council members that contract for Master of Record/Master Electrician between the City of Ely and Richard J. Pucel, will be expiring as of March 31, 2008, and the City has the option of extending contract or putting out on proposals. Moved by Sheddy supported by Debeltz, that this matter be referred to the Ely Utilities Commission, for their research and recommendation back to the Council. Carried unanimously. Council member Lindroos recommended that the EUC check with the City Accountant as to the actual costs expended to the Master of Record, for review.<BR><BR>Proposal for Professional Services was received from Terry Jackson, Terry's Operational Services, with term of contract being for three years commencing on April 1, 2008 and ending on March 31, 2010, with cost for services being $550.00 per month during 2008, $600.00 per month during 2009, and $650.00 per month during 2010. In addition, reimbursement will be provided for ordinary and reasonable out of pocket expenses incurred to attend the annual MPCA Collection System Seminar and the Wastewater Treatment Plant Operator's Seminar in January and March of each year and the Spring Water School and Fall MDH/AWWA Conference in order to maintain current certifications. Moved by Sheddy supported by Debeltz, that proposal be approved with Mayor and Deputy Clerk authorized to execute on behalf of the City of Ely.<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 by stating that he feels the City should advertise for proposals for this service. <BR><BR>Council member Lindroos reported on behalf of the Fire Committee: there will be a briefing for City Council Members and Fire Committee Members, EMS Safety Presentation, to take place on Thursday, March 20, 2008, 6:30 P.M. at the Morse Town Hall. Moved by Nikkola supported by Omerza, that the Ely City Council call for a Special Meeting to take place on Thursday, March 20, 2008, 6:30 P.M. Morse Town Hall, for all Council members wishing to attend a Fire EMS Safety Presentation, as this will be good information for all Council members. Carried unanimously.<BR><BR>Moved by Omerza supported by Zupec, that tonight's meeting adjourn.<BR><BR>Carried unanimously. Adjournment at 8:00 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 3/15/2008