Ely City Council April 1, 2008 meeting

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, April 1, 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 the listening audience and those present at tonight's Council meeting.<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the Regular Council Meeting of March 18th and the Special Council Meeting of March 22nd, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following additions were requested to be added to tonight's agenda:<BR><BR>Council member Lindroos, Fire Contracts - to be added under Old Business, Item #E; Mayor Novak, Council public hearing pertaining to electric rate increase; and correction to Item C under Old Business: should read proposed ordinance #215. Moved by Debeltz supported by Zupec, that above items be approved. Carried unanimously.<BR><BR>Mayor Novak reported that per City Charter, the Council is required to hold a public hearing to receive public input on the EUC proposed electrical rate increases. Moved by Debeltz supported by Zupec, that Ely City Council Pubic Hearing be scheduled for Tuesday, April 29, 2008, 5:00 P.M. Council Chambers of the Ely City Hall. Carried unanimously.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>Ely Chamber of Commerce, Smile You're In Ely Session - Wednesday, April 30th, 5:00 P.M. Grand Ely Lodge ( Mayor/Council Members and City Department Heads or designees are authorized to attend);<BR><BR>Terri Muhvich - Coach/Coordinator, Ely Girls' Summer Softball Program ( City to act as sponsor for insurance purposes only - as in past years) <BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Council member Nikkola reported on behalf of the Employee Relations Committee Meeting of March 13th: the EUC had recommended that Infrastructure Foreman Lee Rannels be named as interim general manager retroactive to March 1, 2008, in the absence of Terry Jackson, with ER Committee approving action that per recommendation of the EUC employee be granted a raise of 15% of base salary for the month of March, being a Senior employee of the EUC, that this action establish no precedence in the future, and that the City Attorney be directed to draft up proper Memorandum of Understanding stipulating above, to attach to the AFSCME contract. Moved by Nikkola supported by Lindroos, that the Memorandum of Understanding as provided by City Attorney Bentz be approved, with the Mayor and Deputy Clerk authorized to sign said document. <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 Nikkola reported on behalf of the City Budget Committee Meeting of March 13th: the Budget Committee had recommended and full Council had approved<BR><BR>the proposal from local historian Mike Hillman, to make application to the USX Foundation for grant towards renovation of Captain's Dry Building, head frame, establishment of trailhead in that immediate area, and continued maintenance upkeep for the Miner's Dry Building and radial smokestack at the old Pioneer Mine Site. Moved by Nikkola supported by Zupec, that per the recommendation of the City Budget Committee, $2,000.00 be transferred from fund 101-41400-101 into 101-41400-106. Carried unanimously.<BR><BR>Council member Sheddy reported that the Sanitation Committee will be meeting on April 17th, and is requesting that George Burger be included as part of this committee.<BR><BR>He also recommended that the City Council create a Civil Enforcement Committee to work with the enforcement officer in looking at blight areas in the Ely area. Council members requested that this matter be referred to the April 29th Regular Monthly Ely City Council Study Session.<BR><BR>Council member Omerza reported that the Coalition of Minnesota Cities is going to be holding a summer conference and that specifics have not yet been distributed, but she is requesting approval in attending this conference. Moved by Omerza supported by Debeltz, that the Mayor and any Council member be authorized to attend this conference, and to make reservations with the Deputy Clerk as soon as possible. Carried unanimously.<BR><BR>RLK Kuusisto Engineer John Jamnick was present at tonight's meeting, informing Council members that he will be replacing Harold Langowski as Ely's City Engineer; and that he originally started as the engineer working with Ely, when starting with RLK Kuusisto. Council members welcomed John, noting that the City has a contract in place with RLK Kuusisto Engineering through December 2009, and are very satisfied with the relationship at this time.<BR><BR>Deputy Clerk requested Council approval for City bills and payroll for March 2007, totaling: $507,287.40. Moved by Zupec supported by Debeltz, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Deputy Clerk requested Council approval in retaining Banyon Data Systems personnel, to conduct a training session for Fund Accounting ( full day) and Payroll Training ( full day), for the Confidential Accounting Officer, and possibly Clerk-Treasurer, if hired at that time. Cost of training is $800.00, plus travel and lodging. <BR><BR>Moved by Zupec supported by Nikkola, that request be approved, with Mayor and Deputy Clerk authorized to sign proposal. Deputy Clerk recommended to Council that the EUC be requested to share in &#189; cost for training these individuals. Moved by Sheddy supported by Nikkola, that the following amendment be added to original motion; that the EUC be requested to share in &#189; cost for training accounting department individuals. Carried unanimously.<BR><BR>City Operations Director of Public Works and Utilities, Harold Langowski, presented Council members with a CDBG Contract in the amount of $100,000.00 for Harvey and Conan Street utility improvements; 3rd Avenue sewer improvements. Moved by Zupec supported by Omerza, that Mayor and Deputy Clerk be authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>Director Langowski also reported that four bids were received for above project, and were tabulated as follows by John Jamnick, RLK Kuusisto:<BR><BR> <BR><BR>Louis Leustek and Sons Inc.<BR><BR>1715 E. Sheridan Street Ely<BR><BR>Base Bid $154,466.20<BR><BR>Add Alternate No. 1 33,884.00<BR><BR>Add Alternate No. 2 49,982.65 <BR><BR>C & C Winter Inc.<BR><BR>6872 North Highway 135 Embarrass<BR><BR>Base Bid $170,946.00<BR><BR>Add Alternate No. 1 45,389.50<BR><BR>Add Alternate No. 2 53,301.50<BR><BR>Utility Systems of America Inc.<BR><BR>PO BOX 706 Eveleth<BR><BR>Base Bid $209.476.00<BR><BR>Add Alternate No. 1 55,367.00<BR><BR>Add Alternate No. 2 79,300.00<BR><BR>Low Impact Excavators<BR><BR>PO BOX 600 Ely <BR><BR>Base Bid $308,537.00<BR><BR>Add Alternate No. 1 82,305.90<BR><BR>Add Alternate No. 2 87,046.10 <BR><BR>Moved by Debeltz supported by Nikkola, that awarding of bid be tabled until the next Regular Council Meeting, after EUC review and recommendation. Carried unanimously.<BR><BR>City Operations Director of Public Works and Utilities presented the following EUC consent agenda items for approval:<BR><BR>Recommended donation of all old city cell phones to Cell Phones for Soldiers;<BR><BR>Recommend purchase of three transformers from B & B Transformer for $16,350.00 for the Spectrum Project, to be billed to Spectrum;<BR><BR>Recommend purchase of electric line materials from Border States Electric for $4,197.87;<BR><BR>Authorize any employees recommended by supervisor to attend the Damage Prevention/Safety Seminar on April 10, 2008 at 7:30 A.M. in Hibbing;<BR><BR>Approve payment of KBM Inc. Invoice #020810 for $670.00 for the Spectrum Project, to be submitted for reimbursement;<BR><BR>Approve payment of KBM Inc. Invoice #020811 for $3,405.50 for the Feeder 6 Project;<BR><BR>Approve payment of RLK Inc. Invoice #19 for the 4th Avenue East Improvements Project for $412.50;<BR><BR>Approve payment of RLK Inc. Invoice #1 for the Spectrum Project for $10,532.39<BR><BR>INFORMATION<BR><BR>Approve electric rate increase as presented at the public hearing.<BR><BR>Approve purchasing postage for the billing office meter;<BR><BR>Approve purchase of 10,000 utility bill forms from Business Forms and Accounting Systems <BR><BR>Moved by Debeltz supported by Nikkola, that above consent agenda items a - h<BR><BR>be approved and ordered filed. Carried unanimously.<BR><BR>Claims for payment were presented for the following:<BR><BR>Spectrum Health Companies - Krause Anderson Construction - Application and Certification for Payment, Assisted Living Facility - $358,481.20;<BR><BR>TKDA <BR><BR>professional services, Ely Municipal Airport 2008 CIP - Phase I Project Formulation- Preliminar - Jan. 27th - Feb. 23, 2008 - $2,000.00;<BR><BR>professional services, Ely Municipal Airport 2008 CIP - Phase II - Runway Extension Justificatio - January 27th - February 23, 2008 - $5,331.76;<BR><BR>to approve contingent upon Ely Airport Commission approval.<BR><BR>Duane Grace - Building Inspector Services for 2007 - $3,942.30;<BR><BR>US Bank - GO Improvement Refunding Bonds Series 2002 - $41,740.00 <BR><BR>Moved by Zupec supported by Lindroos, that claims be allowed and paid.<BR><BR>Moved by Zupec supported by Lindroos, that the following amendment be added to original motion: Item A. Spectrum Health Companies, be approved contingent upon paying all EUC requests for payment as listed first, due to concerns the City has that these items be initially paid from the IRR $400,000 grant awarded City of Ely.<BR><BR>Carried unanimously.<BR><BR>Communication was received from John Sjoberg, in regards to the March 6, 2008 letter written him by the Deputy Clerk, as to his intentions to move forward with the purchase of city property he had earlier expressed an interest in. He informed Council Members that he has a few concerns he would like to address being as follows: the property would need to be rezoned accordingly for his structure; the purchase price given him includes the full cost of both the survey and appraisal, and in his letter addressing the purchase, he had proposed paying for an appraisal, but equally sharing in cost with City for survey. The appraisal of the land was for $17,500 - adding the appraisal fee of $350.00 and the Survey of $1,635.00 putting the total price of the land to $19,485.00 - he is offering $18,667.00 for the land, which would include paying for the land along with the appraisal price and &#189; survey cost. Moved by Sheddy supported by Zupec, that the "zoning" concern be referred to the Ely Planning and Zoning Commission, to report back to the Council with their recommendation, and that the other matters in above communication be tabled, involving the City Attorney in this process. Carried unanimously. As a matter of information, Mayor Novak noted that John Sjoberg went into an area where the City acted, as being fully reimbursed.<BR><BR>Moved by Omerza supported by Debeltz, that the City waive readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Council member Sheddy offered the following Ordinance: Proposed Ordinance #212, Second Series, An Ordinance Authorizing The Ely Economic Development Authority To Exercise Powers Under Minnesota Statutes, Chapter 462C On Behalf Of The City of Ely<BR><BR>The City Council of the City of Ely, Minnesota ( the "City") does ordain:<BR><BR>Section 1. RECITALS.<BR><BR>Pursuant to Minnesota Statutes, Section 469.090 through 469.1081 ( the "Act") and Resolution No. 1993-9, the City Council created the Ely Economic Development Authority ( "EEDA") and authorized it to exercise housing development, economic development and redevelopment powers under the Act.<BR><BR>The Act allows EEDA to issue bonds for housing developments owned by EEDA but does not allow EEDA to issue bonds for housing developments owned by other entities.<BR><BR>Minnesota Statutes, Chapter 462C ( the "Housing Act") allows a city or an economic development authority which is authorized by ordinance to exercise, on behalf of a statutory or home rule charter city, the powers conferred by the Housing Act to develop and administer programs of (1) making or purchasing mortgage or rehabilitation loans to finance the acquisition of rehabilitation of single family housing by low and moderate income persons and families or (2) making or purchasing loans to finance multi family housing developments or the rehabilitation of multi family housing developments.<BR><BR>The City Council has not delegated to EEDA, the exercise of powers under the Housing Act, but wishes to do so.<BR><BR>Section 2. DELEGATION. The City Council hereby authorizes the Ely Economic Development Authority to exercise, on behalf of the city, the powers conferred by the Housing Act.<BR><BR>Section 3. EFFECTIVE DATE. This ordinance shall take effect and be in force 30 days from and after its passage and publication and recording in the Ordinance Book of the City of Ely.<BR><BR>Motion for the adoption of the foregoing Ordinance was made by Council member Sheddy, 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. 212, Second Series, adopted and given a second and final reading and publication, this 1st day of April 2008.<BR><BR>Council member Lindroos offered following Ordinance: Proposed Ordinance #214, Second Series, An Ordinance of the City of Ely, Minnesota, Amending The Ely City Code Chapter 1, Section 1.12 Relating To Enforcement: Fines and Penalties.<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>Section 1. Chapter 1, Section 1.12, of the Ely City Code shall be amended to read as follows:<BR><BR>Section 1. Chapter 1, Section 1.12, of the Ely City Code shall be amended to read as follows:<BR><BR>Sec. 1.12. Enforcement: Fines and Penalties<BR><BR>Subd. 1. Prohibited Acts.<BR><BR>A person shall not do any of the following:<BR><BR>violate, fail to comply with, or assist, authorize, or permit the violation of a provision of this code;<BR><BR>violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of a city approval, including permits and licenses, required and granted under this code; or<BR><BR>knowingly make or submit a false statement, document, or material omissions in connection with an application or procedure required by this code.<BR><BR>No section or part of this code designating the duties of an official, employee or appointee of the city may be construed to make that person liable for the penalties provided below.<BR><BR>Subd. 2. Penalties.<BR><BR>A person who violates Section 1.12 is guilty of a misdemeanor and upon conviction will be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 90 days, or both; provided, that if a different punishment is stated in this code, that provision governs the punishment for the violation.<BR><BR>Designation as a petty misdemeanor means that upon conviction the sentence will be a fine of not more than $300.00. If not designated as "petty misdemeanor", a violation is a misdemeanor as set forth above in paragraph A.<BR><BR>Each calendar day that Section 1.12 is violated constitutes a separate offense.<BR><BR>A person who violates Section 1.12 must pay twice the applicable fee related to the violation.<BR><BR>A violation of Section 1.12 constitutes sufficient grounds for denial of an application required by this code that is related to the violation.<BR><BR>Action prohibited by Section 1.12 may, at the option of the city, void a city approval that is related to the violation.<BR><BR>The City Attorney may institute a legal proceeding in the name of the City of Ely to prevent, restrain, remedy, or abate a violation of Section 1.12.<BR><BR>Nothing in this section prevents the City from taking other action permitted by law, and the penalties and remedies provided her and under other law are cumulative.<BR><BR>Subd 3. Administrative Citations and Civil Penalties. Sections 1.12 Subdivision 3 through 11 govern administrative citations and civil penalties for violations of the city code.<BR><BR>Subd. 4. Purpose. The City Council finds that there is a need for alternative methods of enforcing the city code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citiznes resnet being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalities is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations.<BR><BR>Subd. 5. General Provisions.<BR><BR>A violation of a provision of the city code or the acts prohibited in Section 1.12 is an administrative offense, that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense.<BR><BR>An administrative offense may be subject to a civil penalty not exceeding $2,000.00.<BR><BR>The City Council must adopt by resolution a schedule of fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review. The City Council may adopt a schedule of fees to be paid to administrative hearing officers.<BR><BR>The City Zoning Administrator must adopt procedures for administering the administrative citation program.<BR><BR>Subd. 6. Administrative Citation.<BR><BR>A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation.<BR><BR>The person responsible for the violation must either pay the scheduled fine or request a hearing within fourteen days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of $50.00 in addition to the scheduled fine amount may be imposed under Section 1.12 Subdivision 10.<BR><BR>Subd. 7. Administrative Hearing.<BR><BR>The City Council will periodically approve a list of citizens from which the City Zoning Administrator will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The accused will have the right to request no later than five days before the date of the hearing that the assigned hearing officer be removed from the case. One request for each case will be granted automatically by the City Zoning Administrator. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city enforcement officer may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the City Zoning Administrator will assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. 609.415. The hearing officer must not be a city employee. The City Zoning Administrator must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the City Council.<BR><BR>Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of a witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance.<BR><BR>Notice of the hearing must be served in person or by mail on the person responsible for the violation at least 10 days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.<BR><BR>The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors:<BR><BR>the duration of the violation;<BR><BR>the frequency or reoccurrence of the violation;<BR><BR>the seriousness of the violation;<BR><BR>the history of the violation;<BR><BR>the violator's conduct after issuance of the notice of hearing;<BR><BR>the good faith effort by the violator to comply;<BR><BR>the economic impact of the penalty on the violator;<BR><BR>the impact of the violation upon the communityh; and<BR><BR>any other factors appropriate to a just result.<BR><BR>The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that (1) the violation caused a serious threat of harm to the public health, safety, or welfare or that (2) the accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing.<BR><BR>Except for matters subject to administrative review under Section 1.12 subdivision 8, the decision of the hearing officer is final without any further right of administrative appeal. In a matter subject to administrative review under Section 1.12 subdivision 8, the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Zoning Administrator within 10 days after the hearing officer's decision.<BR><BR>The failure to attend the hearing constitutes a waiver of a violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" are death of a loved one; incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include: forgetfulness and intentional delay.<BR><BR>Subd. 8. Administrative Review.<BR><BR>The hearing officer's decision in any of the following matters may be appealed by a party to the City Council for administrative review:<BR><BR>an alleged failure to obtain a permit, license, or other approval from the City Council as required by ordinance;<BR><BR>an alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, that was granted by the City Council; and<BR><BR>an alleged violation of regulations governing a person or entity who has received a license granted by the City Council.<BR><BR>The appeal will be heard by the City Council after notice served in person or by registered mail at least 10 days in advance. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision.<BR><BR>The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing.<BR><BR>If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2,000.00 per day per violation, and may consider any or all of the factors contained in Section 1.12 subdivision 7D. The Council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions.<BR><BR>In addition to imposing a civil penalty, the Council may suspend or revoke a city issued license, permit, or other approval associated with the violation. Any hearing required in the City Code will be satisfied by the hearing before the hearing officer with the right of appeal to the City Council.<BR><BR>Subd. 9. Judicial Review. An aggrieved party may obtain judicial review of the decision of the hearing officer or the City Council by proceeding under a writ of certiorari to the Minnesota Court of Appeals.<BR><BR>Subd. 10. Receovery of Civil Penalties.<BR><BR>If a civil penalty is not paid within the time specified, it will constitute:<BR><BR>a lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or<BR><BR>a personal obligation of the violator in all other situations.<BR><BR>A lien may be assessed against the property and collected in the same manner as taxes.<BR><BR>A personal obligation may be collected by appropriate legal means.<BR><BR>A late payment fee of $50.00 may be assessed if the fine remains unpaid after the due date.<BR><BR>During the time that a civil penalty remains unpaid, the provisions of the city code restricting issuance or approval shall apply to the license, permit, or other city approval sought by the violator or for property under the violator's ownership or control.<BR><BR>Failure to pay a fine is grounds for suspending or revoking a license related to the violation.<BR><BR>Subd. 11. Criminal Penalties. The following are misdemeanors, punishable in accordance with state law:<BR><BR>failure, without good cause, to appear at a hearing that was scheduled under Section 1.12, subdivision 7.<BR><BR>failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer, unless the matter is appealed under Section 1.12, subdivision 8; and<BR><BR>failure to pay a fine imposed by the City Council within 30 days after it was imposed, or such other time as may be established by the City Council.<BR><BR>If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in district court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts.<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 thirty (30) days after final adoption and publication.<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council member Lindroos, seconded by Council member Debeltz, and declared carried on the following vote:<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>Proposed Ordinance #214, Second Series, adopted and given a second and final reading and publication, this 1st day of April 2008.<BR><BR>Council member Debeltz offered the following Ordinance: Ordinance No. 215, Second Series, An Ordinance of the City of Ely, Minnesota, Amending Chapter 2, Section 2.61 of the Ely City Code, Entitled Telecommunications Advisory Board.<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>Section 1. Chapter 2, Section 2.61, of the Ely City Code shall be amended to read as follows:<BR><BR>Section 2.61 Telecommunications Advisory Board<BR><BR>Subd. 1. Purpose. Pursuant to Chapter 15 of the Ely City Code and the Franchise Agreement with Charter Communications, the Council of the City of Ely has established a Cable Television System as represented on the attached Organizational Chart. The City of Ely adopted an Ordinance for Cable Television Regulation in the Ely City Code, which at Section 15.29 provides for oversight of the Cable Television System and the City of Ely authorized a Franchise Agreement, which at Section 6.2 provides for the oversight of the development and operation of a Public, Education and Government Access System. Therefore, in order to provide for the efficient administration and operation of the Cable Television System and the Public, Education and Government Access System and to provide for and coordinate the needs and rights of providers, citizens, subscribers, and viewers, the Council has determined that a Telecommunications Advisory Board shall be established for that purpose.<BR><BR>Subd. 2. Establishment and Composition. A Telecommunications Advisory Board composed of five (5) members is hereby established consistent with Chapter 11 of the Ely City Charter. The membership shall be composed of one (1) member, being the Ely City Clerk-Treasurer or designated representative, one (1) member of the Ely City Council or designated representative, and three (3) members being subscribers who are residents of the City of Ely. All appointments shall be made by the Council as provided by Ely City Charter. A member may be removed in the same manner for misconduct or neglect. Members shall receive no compensation for their services, but may be reimbursed for actual and necessary travel expenses incurred in the discharge of the Board duties and activities.<BR><BR>Subd. 3. Duties. The duties of the Board are as follows:<BR><BR>To annually elect from its membership a President, Secretary and such other officers for the conduct of its business as it deems necessary.<BR><BR>To recommend to the Council ways and means for the establishment of facilities and development of a system for the collection, production and presentation of programming for the Public, Education and Government Access System; to develop and implement a Public, Education and Government Access System; to make an inventory of all current assets and resources of the Public, Education and Government Access System; to develop a system for the management of the property and monies available to the Public, Education and Government Access System; to recommend qualified persons or service providers for the organization, administration, production and televising of Public, Education and Government Access programming.<BR><BR>To recommend rules and regulations for the governance of the Cable Television System and the Public, Education and Government Access System; to recommend procedures and protocols to guide the use of the forums created by the Public, Education and Government Access Channels; to establish a grievance procedure for persons, citizens or subscribers who are aggrieved in any matter relating to the Cable Television System or to Public, Education or Government Access System.<BR><BR>To submit annually to the Council a written recommendation for operations, services and needs of the Cable Television System and the Public, Education and Government Access system for the ensuing year; to recommend an annual operating budget; to report on the adequacy of facilities, operations and consumer complaints; to recommend capital improvements and expenditures.<BR><BR>To advise the Council of all matters dealing with the Cable Television System and the Public Education Government Access System; to implement Council policies and actions relating to the Cable Television System and the Public, Education and Government Access System; to submit a copy of the minutes of all meetings of the Telecommunication Advisory Board to the Council.<BR><BR>To serve as a forum for persons to express their views or complaints on subjects relating to the Cable Television System and the Public, Education and Government Access System.<BR><BR>Subd. 3 (a) Additional Duties. The Council of the City of Ely finds that changing technology is expanding the ways and means in which information is communicated and processed. The continuing development of the Internet system as well as other technologies related to wire-based and wireless technologies have broad implications for social organization, commercial operations, educational and governmental functions, all of which may have significant impacts on the general welfare of the City of Ely and its citizens. For these reasons, the Council of the City of Ely hereby creates additional duties for the Telecommunication Advisory Board including but not limited to the following:<BR><BR>To collect information regarding all forms of electronic technologies.<BR><BR>To advise the Council on all matters related to electronic technologies from emergence to implementation.<BR><BR>To recommend to the Council ways and means for the establishment and development of new electronic technologies.<BR><BR>To provide oversight over electronic technologies including but not limited to future franchise applications, and operations, wireless internet technologies, electronic technologies and fiber optic technologies including but not limited to the Wireless Internet Project and the Fiber to the Premises Project.<BR><BR>To collect information, inform the Council, provide advice, recommendations or oversight on such matters as the Council may assign to the Telecommunications Advisory Board from time to time. <BR><BR>Subd. 4. Initial Terms of Office. The term of the City of Ely Clerk-Treasurer, or designated representative, shall be for three (3) years, expiring January 2007. The term of the three resident subscribers shall be for two (2) years expiring January 2006. The term for the Ely City Council Member shall be for one (1) year expiring January 2005.<BR><BR>Subd. 5. Council Authority. The Council retains the authority to accept, reject or modify recommendations made by the Board to the Council and to make initiatives with respect to the Cable Television System and the Public, Education and Government Access System as the Council deems necessary to serve the best interest of the City.<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 Omerza, 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 #215, Second Series, adopted and given a second and final reading and publication, this 1st day of April 2008.<BR><BR>Discussion was held pertaining to the results of tonight's public hearing regarding Resolution 2008-10 ( Nelson/Mills request for property vacation). At the public hearing there was no opposition to the request. Moved by Nikkola supported by Lindroos, that the Council approve and refer to City Attorney to draft up necessary legal documentation for vacation to take place. Carried unanimously.<BR><BR>Council member Lindroos requested placement on tonight's agenda regarding the City Fire Committee, with city representatives to committee recommending that the 100% of operating costs be charged to fire protection costs for the 2009 and beyond, City of Ely Fire Department Budget, which includes negotiated contracts with outlying areas. Council members approved recommendation from city representatives to move this forward to the Fire Committee.<BR><BR>Discussion was held regarding the posting of the City Clerk-Treasurer job position.<BR><BR>Two candidates were scheduled for an interview on March 29th; one candidate cancelling due to weather conditions and flight problem. Council member Omerza reported that Council member Lindroos and herself had talked with Paul Ness, City Personnel Consultant as to this job posting; that Deputy Clerk Wellvang had also talked with Paul Ness on this matter, and the group is moving forward on reposting this position per the procedure documented in the communication dated April 1, 2008, addressed to the Mayor and Council. <BR><BR>Deputy Clerk Wellvang reported that nominations were received for the City of Ely 2008 Volunteers, and is recommending that two Council members be appointed to review letters of nomination. Moved by Sheddy supported by Omerza, that Council members Debeltz and Zupec review letters received, and make a formal recommendation to the Council at their next regular meeting. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that the meeting adjourn. Carried unanimously. Adjournment at 7:10 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 4/19/2008<BR><BR>