City Council minutes of May 6

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, May 6, 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>Mayor Novak welcomed tonight's viewing audience watching Channel 11, and also those present in tonight's audience.<BR><BR>Moved by Debeltz supported by Zupec, that the minutes of the regular meeting of April 15th; special meeting of April 29th; Board of Review Meeting of May 1st, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following additions were added to tonight's agenda:<BR><BR>Mayor Novak - Under D. Mayor's Agenda Items, #3 - Tax Levy Cap;<BR><BR>City Operations Director of Public Works and Utilities, Harold Langowsk - IV. Departmental Reports, B. #3 - Survey Business Park; #4 - CDBG Applications ( due June 15th).<BR><BR>Council members concurred with additions to tonight's agenda.<BR><BR>City of Ely 2008 Volunteers were present at tonight's meeting: Mary A. Johnson and Justine Carlson.<BR><BR>Mayor Novak read the letters of nomination the City had received on both nominees, citing their volunteer services in the Ely Community, presenting both Mary and Justine with plaques of recognition, and reading the following proclamation:<BR><BR>WHEREAS: Over 2 million Minnesota citizens provide countless hours of volunteer services in their communities on a regular basis, and<BR><BR>WHEREAS: The commitment of dedicated citizens is evident in our own Ely community where hundreds of volunteers provide untold hours of service to every aspect of our community life,<BR><BR>WHEREAS: The Ely City Council would like to take this opportunity to recognize two such individuals, Mary A. Johnson, and Justine Carlson, as City of Ely 2008 Volunteers of the Year, and to also commend all those volunteers who continue to serve our community with an ongoing spirit of volunteerism.<BR><BR>NOW, I, Charles J. Novak, Mayor of the City of Ely, do hereby proclaim Tuesday, May 6, 2008, as VOLUNTEER RECOGNITION DAY in the City of Ely, and would like to recognize our own City of Ely 2008 Volunteers of the Year, Mary A. Johnson and Justine Carlson. We further urge all our citizens to follow the examples of Mary and Justine who have consistently shown their dedication and commitment to volunteerism in our community.<BR><BR>Adopted this 6th day of May 2008.<BR><BR>Mayor Novak informed Council members that Gary Fields, Development Strategies and Resources Inc. will be appearing at the Tuesday, May 27th, 6:00 P.M. Regular Monthly Ely City Council Study Session , to discuss FiberNet. Mr. Gary Cerkvenik will also be in attendance at this meeting representing QWEST. Council members requested that Deputy Clerk be directed to schedule meeting at a facility that will be accessible to the public to attend, and that meeting notice then be properly posted with local press and WELY radio.<BR><BR>Mayor Novak requested placement on tonight's meeting regarding levy limits, noting that whatever is lower, the maximum tax levy or consumer price index - how many services does the city have to cut back on. He recommended that the Council members individually send letters to Governor Pawlenty and the Iron Range Delegation pertaining to this matter. Council member Nikkola stated that capping levy limits is unreasonable and unreaslitic, recommending that our legislators request the passing of an amendment to the constitution where there will be no unfunded mandates. Council member Debeltz noted that the State will probably not pass a proposed sales tax request, therefore causing the City problems. Mayor Novak commented that with increased fuel prices, with inflation being the driver, the grain costs going up, cities cannot keep up with inflation. Mayor Novak is recommending that the Deputy Clerk put together a list of phone numbers and emails of our area representatives, that the Council needs to be active and send our message strong to our representatives at the State, not to cap the levy limits as proposed by Governor Pawlenty. Council members concurred with Mayor's recommendation.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>Mike Jamnick, Ely Fire Relief Association Board of Trustees President - Increase of pension amount for City of Ely firefighters from $1300 to $1600 per year;<BR><BR>Authorization for Nick Skarich, Northland Securities to prepare and file the City of Ely's annual TIF Report with State Auditor Office;<BR><BR>Klun Law Firm, Attorney Rae Bentz - City of Ely/Ober Conveyance of East Spaulding Parcel back to City ( Mayor and Deputy Clerk authorized to execute);<BR><BR>YoungLife, Ely - approval to coordinate City's July 4th activities at Whiteside Park in conjunction with the City of Ely;<BR><BR>Ely Community Resource - 1st quarter progress report - INFORMATION;<BR><BR>Appointment of Richard Zahn to Buildings Facility Group - per request of committee member Gordon Sheddy;<BR><BR>Nick Wognum, President, Ely Little League - request for permission to barricade Harvey Street North of Little League Field and partial 7th Avenue as in past, from 4:30 P.M. - 8:30 P.M. during Little League Games;<BR><BR>Ely Charter Commission - recommended changes to Section 6.05 of Ely Charter - Purchases and Contracts - City to schedule a public hearing on above for Tuesday, June 3, 2008, 6:15 P.M. Council Chambers: City Attorney to draft up Ordinance pertaining to recommendation for 1st reading at June 17th regular council meeting;<BR><BR>St. Louis County - REVISED - Salt Storage Building/Cost Share Ely Joint Public Works Facility - ( Mayor and Deputy Clerk authorized to execute) <BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed.<BR><BR>Mayor Novak noted that above item #3 is due to special circumstances only, and by granting conveyance of property, this does not set a precedence for further requests.<BR><BR>Council member Omerza requested that an amendment be added to item #7 to also cover T-Ball games which are conducted on Wednesdays and Saturdays at the Little League Field; Council member Lindroos voiced a concern with item #8, but will discuss it at the scheduled hearing.<BR><BR>Moved by Zupec supported by Debeltz, that above amendment pertaining to item #7 be added to original motion approving consent agenda items #1 - #9, to be approved and ordered filed. Carried unanimously.<BR><BR>City Attorney reported that City Operations Director and himself have discussed the Purchase Orders process, and that most larger ticketed items are getting Council approval prior to purchase at this time; Council member Omerza also recommended having City Auditor Gary Giroux questioned as to process when meeting with the Council and EUC to review 2007 audit results.<BR><BR>Council member Debeltz reported on behalf of the City Liquor Committee Meeting: Council had directed committee to look at raising rates on City Liquor Licenses only at the time of transfer to new owners ( current liquor license holders would not be affected).<BR><BR>Committee opposed raising the liquor license fees due to current business climate. City Attorney Bentz reported that some licenses are statutory capped, and that he will be researching further. <BR><BR>Council member Sheddy reported that the Civil Enforcement Officer will be advertising for City Clean Up Days; Stan Passananti G-Men has donated dumpsters for this event, which will be advertised to Ely residents closer to the dates. He is requesting that public works employees be authorized to work these clean up days, if requested, in assisting individuals to unload their trucks and monitor the dumpsters. Moved by Sheddy supported by Zupec, that request be approved. Carried unanimously.<BR><BR>Council member Omerza reported on behalf of the Telecommunications Advisory Board Meeting of May 5th: recommendation from TAB to Council that the City of Ely request Charter Communications to pay for basic service at ELY TV, as per contract. Moved by Omerza supported by Debeltz, that recommendation be approved. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that per recommendation of TAB, City Attorney Bentz be requested to attend the June 2nd, 4:00 P.M. TAB Meeting, Ely City Hall Board Room. Carried unanimously. <BR><BR>Moved by Omerza supported by Lindroos, that per recommendation of TAB, the Deputy Clerk be directed to post a notice to Ely residents that subscriber to Charter Communications, to remit any problem areas they are experiencing with their cable television service to the Clerk-Treasurer's Office, and these issues will be brought to the attention of Charter Communications representative Tucker Carlson, when meeting with the TAB group. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that per recommendation of TAB, City Attorney Bentz be directed to review the current contract the City of Ely has for computer support services with Voltz Technologies, due to concerns brought forth to TAB members by Mayor Novak, in the lack of fulfillment and continuing problems with service and quality of service. Carried unanimously.<BR><BR>Council member Lindroos questioned what services the City would still be getting for computer support services, if contract is voided. Mayor Novak commented that under the current contract, the City receives 10 hours per month - at the current time there is no backup developed, on going certificate issue, and all of equipment has not been installed. The City Departments who have immediate concerns should be able to use whomever they wish as computer technician. He noted that Vince O'Connor has now been brought on site to assist those departments whom Voltz Technologies did not. Mayor Novak, Council and TAB member Heidi Omerza, and Deputy Clerk Wellvang will schedule a meeting with Voltz Technologies to review current contract and concerns, and report back to the Council. <BR><BR>Moved by Omerza supported by Debeltz, that per recommendation of TAB, a Council member be appointed to serve on the Telecommunications Advisory Board in place of the Clerk-Treasurer appointed slot ( Deputy Clerk has currently been filling in as needed), with Council member Gordon Sheddy to be appointed to fill in for the position of Clerk-Treasurer until that individual is hired and in place. Carried unanimously.<BR><BR>Council member Omerza reported that the TAB still has a vacancy for a Charter Subscriber, with term to run through January 31, 2011. Moved by Debeltz supported by Omerza, that per recommendation of the TAB, the Deputy Clerk be directed to repost this vacancy to the public. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that per recommendation of TAB, the Council authorize Ely TV to work with the Clerk-Treasurer's Office to seek proposals for bracket and HD capability, at a quote not to exceed $1,000. Carried unanimously.<BR><BR>Council member Sheddy reported on behalf of the Planning and Zoning Commission Meeting of May 1st, at which time the Commission approved of the proposed covenants for Phase 3 of the East Spaulding Development. Moved by Omerza supported by Lindroos, that the following listed covenants be approved:<BR><BR>The dwelling must be placed on a permanent foundation or concrete slab;<BR><BR>Minimum 1,200 square feet of living space ( not garage ) footprint. Living space is exclusive of garage, decks and open or non-air conditioned porches. Living space does not include basement.<BR><BR>Every lot must have at least one primary residential structure;<BR><BR>If purchased in 2008, building must be completed within four years of closing date; if purchased after 2008, building must be completed within three years of closing date.<BR><BR>and incorporated in ordinance that will be drafted up by City Attorney's Office for sale of lots in Phase 3 of the East Spaulding Development. Carried unanimously.<BR><BR>Since above item has been taken care of, it will be struck from IV. Department Heads, D. Zoning Administrator George Burger; Item #3, on tonight's agenda.<BR><BR>Council member Sheddy reported that the City Land Negotiating Committee had met with Duluth Metals, who are interested in purchasing Lots 3,4, Block 1 of the Ely Business Park. They would like to begin construction of building the first part of July, and will need a verification of boundaries of property, which will be brought before the EEDA at their May 13th regular monthly meeting. Council member Sheddy thanked Infrastructure Foreman Lee Rannels for locating the pins. Duluth Metals are currently doing a phase 1 and 2 study on this property. Mayor Novak reported that the group had a positive meeting, and selected a building location condusive to operations. He is hoping that the City fills the business park. There are issues with current Business Park document and ordinance as to the designated uses of the City Business Park, of which the Council and City Attorney's Office will need to do some cleanup. Matter of information.<BR><BR>The Community Projects Committee and City Streets and Infrastructure Committee had met on April 14th to address proposed resolution combining both committees. The Deputy Clerk will be place this proposed resolution on the next regular Ely City Council Meeting agenda, with open seats to be posted as stipulated in resolution if approved. <BR><BR>Council member Omerza reported that she had attended a Partners Board Meeting in Virginia on May 1st, and was nominated to serve as Chair for next year. She noted that this will be beneficial to the Ely Parks and Recreation Board and future projects.<BR><BR>Mayor Novak reported on behalf of the Ely Community Economic Development Joint Powers Board Meeting; MNSCU did not fund VCC purchasing of existing trailer park this year but the City will need to work in finding a trailer park designated area.<BR><BR>The EADA needs assessment survey is out and the Mayor is looking for Council member's input; please remit in his mail slot by the end of the day, May 7th.<BR><BR>Mayor also noted that the City will need to be heavily involved in housing requirements and current mining issues. <BR><BR>City Attorney Bentz requested Council approval in treating Louis Leustek and Sons Inc. Claim for Idle Equipment as an extraordinary case, outside the scope of the firm's monthly retainer with the City of Ely. Moved by Lindroos supported by Zupec, that request be approved. Carried unanimously.<BR><BR>Discussion was held as to procedure for selling lots in the Ely Business Park, with Attorney Bentz noting that due to the Comprehensive Plan the City has adopted, this matter must be brought before the Ely Planning and Zoning Commission. With ordinance procedure, two readings will be required, and City would have option of waiving the 30 day waiting period. Attorney Bentz explained that there are inconsistencies between current Ordinances and the Ely Business Park Comprehensive Plan, as far as parking and set backs. The City will need to do one of the following:<BR><BR>change current ordinance;<BR><BR>apply for variance<BR><BR>Attorney noted that there are regular scheduled council meetings set for May 20th and June 3rd, which should meet required deadlines for ordinance readings. Council member Sheddy questioned whether or not the City could put requirements in actual purchase agreement, with City Attorney noting that yes, the City could, and that a variance request is faster than an Ordinance change. Mayor noted that the property owner and applicant must apply for the variance. Council member Nikkola recommended that the City utilize the variance route to help craft the ordinance. Moved by Debeltz supported by Sheddy, that the Ely City Council continue to negotiate in good faith with Duluth Metals on property for a two story building; that variance request be referred to the Ely Planning and Zoning Commission to review and make sure is consistent with current comprehensive plan. Mayor Novak recommended that this matter be taken up at the EEDA meeting, to report back to the Council at their next regular meeting. Moved by Debeltz supported by Omerza, that the following amendment be made to original motion: that the Council shall proceed; with City's willingness to sell two lots in the Ely Business Park to Duluth Metals, pending all necessary variances to be obtained and referred to Planning and Zoning Commission to make sure of compliance with current Comprehensive Plan. Carried unanimously.<BR><BR>Deputy Clerk requested Council approval in the payment of City Bills and Payroll for April 2008, totaling: $898,498.14. Moved by Debeltz supported by Zupec, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>City Operations Director of Public Works and Utilities, Harold Langowski, informed Council members that two quotes were received for Additional Wiring, Miner's Dry Sprinkler, as follows:<BR><BR>Burntside Electric Inc. - $3,205.00; Cunningham Electric - $3,023.00.<BR><BR>Moved by Omerza supported by Sheddy, that the City approve of low quote from Cunningham Electric in the amount of $3,023.00. Carried unanimously.<BR><BR>Moved by Sheddy supported by Omerza, that all fees received by the City for <BR><BR>rental of Miner's Dry be placed in a fund to pay for above quote on additional wiring, Miner's Dry Sprinkler, if additional monies are not received from the IRR Mineland Reclamation Grant Request. Carried unanimously. Council member Nikkola recommended that the rental fees for Miner's Dry be revisited prior to the winter months, if facility is going to be open for events during the colder weather.<BR><BR>City Operations Director informed Council members that two quotes were received for platting the remaining city property in East Spaulding Addition, which would include the development of approximate ten (10) additional housing lots and other out lots, with quotes being as follows: <BR><BR>Bear Island Surveying Inc. - $16,150.00<BR><BR>RLK Inc. - $13,400.00<BR><BR>Moved by Nikkola supported by Zupec, that per the recommendation of the City Operations Director the City award low quote to RLK Kuusisto Inc. for the amount of $13,400.00. Carried unanimously. It was noted that monies for platting be taken out of the fund from previous city land sales. <BR><BR>City Operations Director informed Council members that two quotes were received for surveying work in the verifying of boundary for Lots 3 and 4, Block 1, Ely Business Park, as follows: <BR><BR>Bear Island Surveying - $1,530.00 - $1,155.00 no sketch<BR><BR>RLK Kuusisto Inc. - $1,200.00 ( includes parcel sketch)<BR><BR>Moved by Zupec supported by Sheddy, that the City of Ely accept low bid from RLK Kuusisto in the amount of $1,200.00 for boundary verification of Lots 3 and 4, Block 1, of the Ely Business Park, which includes parcel sketch. Carried unanimously.<BR><BR>City Operations Director reported that RLK Kuusisto Engineering is working on the pre-applications for CDBG funding which are due May 15th, for the following:<BR><BR>Central Avenue<BR><BR>Whiteside Park <BR><BR>Moved by Debeltz supported by Zupec, that applications be approved with the Mayor and Deputy Clerk authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>Council member Zupec reported on the deteriorating condition of the garage below the Pioneer Mine Site - something should be done with this building. City Operations Director reported that he had talked to Bob Manzoline, Mesabi Trails System, about possibly utilizing this area for future trail-head. Council member Sheddy questioned the status of the grant to USX Foundation being put together by Mike Hillman. Deputy Clerk reported that Mike had talked to members of the Mesabi Trail and is in the process of pulling off application material from the main web site. The Deputy Clerk will request an update from Mike Hillman on this project.<BR><BR>City Operations Director of Public Works and Utilities requested approval of the following EUC consent agenda items:<BR><BR>Recommend purchase of thirty (30) 4/40 poles and ten (10) 4/45 poles from Bell Lumber and Pole Company for $14,792.55;<BR><BR>Recommend purchase of 1800' of #2 triplex conch wire from WESCO Distribution Inc., for $1,188.54;<BR><BR>Recommend accepting Utilities Plus Energy Services, Inc. proposal for substation maintenance and testing for $ $6,340.00;<BR><BR>Recommend payment of KBM Inc. Invoice #030810 for $8,885.10 for distribution system design;<BR><BR>Approve payment of KBM Inc. Invoice #030808 for $201.00 for miscellaneous electrical services ( Feeder 5);<BR><BR>Recommend payment of half the cost of Banyon Data Systems training for the Confidential Accounting Officer for $400.00;<BR><BR>Recommend payment of R & W Enterprises Invoice #64 for the Master of Record monthly contract fee for $120.00;<BR><BR>Recommend payment of RLK Inc. Invoice #20 for the Joint Public Works Facility for $143.75.<BR><BR>Moved by Zupec supported by Debeltz, that items #1 - #8 be approved and ordered filed. Carried unanimously.<BR><BR>INFORMATION<BR><BR>Denied the Ely Girls' Softball request to pay part of their utility bill.<BR><BR>Authorized hose meters from May - August for $30.00<BR><BR>Operations Director noted that any city resident wanting hose meters, to please contact the utility billing office at 365-5900 or drop down to see Judy in the utility billing office at the Joint Maintenance Facility.<BR><BR>Fire Chief Lou Gerzin requested City Council approval of an $18.00/hour pay rate for Firefighters doing work details, which would include non-firefighting/training work such as; USFS and MNDNR wildland contracting ( 108 USFS Contract), apparatus/equipment maintenance ( 107 Volunteers) and hydrant flow testing and painting ( 380 Electric Hydrants). He has factored this rate of pay into the 2008 Fire Budget in the listed line items. He is also requesting Council authorization in paying $50.00 per month to the 1st Acting Chief's pay. Moved by Debeltz supported by Lindroos, that requests be approved. Carried unanimously.<BR><BR>Zoning Administrator George Burger requested placement on tonight's agenda per Ely Planning and Zoning Commission actions, regarding the following:<BR><BR>Electronic Signs - Planning and Zoning Commission recommendation to refer to City Attorney to draft up Ordinance Prohibiting use of dynamic signs with the exception of fuel/temp/time signs. Moved by Lindroos supported by Sheddy, that recommendation be approved. Carried unanimously. *Mayor Novak requested that accompanying background information on issues be provided Council members for review in agenda packet.<BR><BR>Lucky Seven Sign - Planning and Zoning Commission recommendation to direct City Attorney to send letter to Bob Skalko to put sign into a static mode or turn off the sign. Moved by Lindroos Supported by Sheddy, that recommendation be approved. Carried unanimously. Zoning Administrator noted that in reviewing prior communications between the City of Ely and this party, there is no sign permit in the file, and many attempts have been made at contacting party relative to this issue. <BR><BR>Zoning Administrator request to attend training session, Beyond the Basics of Planning and Zoning, May 15th, St. Paul. Moved by Debeltz supported by Zupec, that request be approved. Carried unanimously.<BR><BR>Sjoberg Proposal - Planning and Zoning Commission recommendation to have land surveyed of actual property to be zoned. Moved by Debeltz supported by Zupec, that recommendation be approved. Carried unanimously.<BR><BR>Zoning Administrator / Civil Enforcement Officer Burger informed Council that he is recommending the scheduling of Ely Clean Up Days, to take place on May 24th and 25th, 10:00 A.M. - 5:00 P.M. ( near old city garage site, Central Avenue) for Ely Residents Only, and will be placing ads in the local media pertaining to these Clean Up Days. Council members concurred with recommendation.<BR><BR>Council recessed tonight's meeting at 7:55 P.M. for recording tape change.<BR><BR>Meeting reopened at 8:11 P.M.<BR><BR>Claims for payment were received from the following:<BR><BR>Pat Conery, Building Official - Inspection services for March 2008 ($8,651.78); April 2008 ($2,954.54);<BR><BR>Ely Bloomenson Community Hospital/Nursing Home - 2007 and 2008 Ambulance Subsidy - $37,612.00;<BR><BR>St. Louis County - Invoice #00002156 - Ely Joint Maintenance Facility - $74,844.00 * tabled from last regular meeting for response from County Auditor to City Operations Director;<BR><BR>RLK Kuusisto Inc.<BR><BR>Invoice #1 - engineering services for 3rd Avenue East Sewer Improvements - $2,629.17;<BR><BR>Invoice #5 - engineering services for Loe Industrial Park Parcel Sketch - $6,222.27<BR><BR>TKDA<BR><BR>professional services in City of Ely 2008 CIP, Phase I and II, Ely Municipal Airport - $29,260.69;<BR><BR>proposals for materials testing on Apron Expansion and Crack Repair, Ely Municipal Airport ( recommending awarding to Braun Intertec Corporation - $9,451.00)<BR><BR>* approve above two items contingent upon Airport Commission approval<BR><BR> F. Terry's Operational Services - April Report - Invoice - $550.00;<BR><BR> G. Spectrum Health Care<BR><BR> 1. Kraus Anderson - Application and Certification Payment #2 - $75,035.00;<BR><BR> 2. Kraus Anderson - Application and Certification Payment #3 - $192,777.00 <BR><BR>Moved by Zupec supported by Debeltz, that above claims for payment be allowed and paid. Moved by Zupec supported by Debeltz, that the motion be amended as follows: City to table above Claims for Payment Items A, C and E ( Item #2), as St. Louis County has not responded to Item C and the City Negotiating Committee will be meeting with Building Official Pat Conery on May 8th to review current contract, with Airport Commission to address TKDA proposal for materials testing on Apron Expansion and Crack Repair, to report back to the Council with formal recommendation. Carried unanimously.<BR><BR>City Operations Director noted that the Spectrum Health Care claims are reimbursable dollars to the City of Ely, with an additional $80,000 coming from the IRR. <BR><BR>Communication was received from Terri Muhvich - Ely Girls' Softball Coach/Coordinator inquiring as to whether or not a split could be worked between the City and the organization to assist in payment of electrical bill for building. Council members noted that the EUC had turned request down; Council also noted that currently all civic groups pay for their own utilities.<BR><BR>Communication was received from Marcia Mahoney, Market Director for The Ely Farmer's Market, requesting Council approval in setting up on Tuesday evenings at Whiteside Park, beginning at 5:00 P.M. - 7:00 P.M. beginning May 27th. Their signage would include a banner and in the event of rain, would like permission to move into the pavilion. Anticipation is the use of the park and pavilion as noted above through Labor Day. She noted that they carry their own insurance policy to cover vendors and any accidents to customers; they are a member of the Minnesota Association of Farmers Markets and Minnesota Grown, requesting that the City get behind them and provide them space to hold this valuable asset to the community. Moved by Debeltz supported by Zupec, that request be approved subject to coordination with the Clerk-Treasurer's Office of any prior events where the park space may already be reserved, along with proper insurance certificate. Carried unanimously.<BR><BR>Moved by Omerza supported by Zupec, that the Ely City Council waive the readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Council member Lindroos offered the following ordinance: Proposed Ordinance No. #217, Second Series, An Ordinance Of The City Of Ely, Minnesota, Adding To The City Code, Chapter 20, Section 20.1.18, Entitled Zoning Map Amendment<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. A new Section shall be added to Chapter 20 as Section 20.1.18, of the Ely City Code to read as follows:<BR><BR>Section 20.1.16 Zoning Map Amendment. The zoning classification of the parcels of land located in the City of Ely, County of St. Louis, State of Minnesota, which have the following legal description:<BR><BR>Lots 7, 8 and 9, Block 8 and Lot 9, Block 9, Auditor's Plat No. 38 to Ely<BR><BR>( Parcel Codes: 030-0021-00920 and 030-0020-01060)<BR><BR>are hereby changed from the current zoned classification of Open Space to Residential 1 <BR><BR>( R1).<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, Zupec, Mayor Novak (7)<BR><BR>NO: NONE (0)<BR><BR>ABSENT: None (0)<BR><BR>Proposed Ordinance #217, Second Series, adopted and given a second reading and publication, this 6th day of May 2008.<BR><BR>Mayor Novak requested that the following topics be placed on tonight's agenda under New Business:<BR><BR>Housing - how should City proceed. Mayor Novak stated that most area HRA's are involved in all of the area's housing needs, including those existing at this time and others that will be coming up with the mining industry start up addressing blighted issues, that the housing authorities can call hearings and work with the State and County housing authorities to get them engaged to attend a future Joint Powers Meeting. Council member Nikkola also recommended that they approach the Council and EEDA.<BR><BR>Mayor Novak commented that the HRA and EEDA are both authorities of the City of Ely. There needs to be a housing component in place to support new business. Council member Zupec also commented that the City of Ely always needs to be on top of any proposed project. Mayor Novak stated that housing is the responsibility of the HRA; economic development factor falls under the EEDA, and that the Council needs to make decisions to move forward. Mayor Novak who is also a member of the Ely Housing and Redevelopment Authority reported that the HRA will discuss this matter at their Tuesday, May 13th meeting, allowing all members to weight in. Matter of information.<BR><BR>Bear Center - Mayor Novak informed Council members that the Minnesota DNR had sent a letter to Lynn Rogers informing him that they will not be renewing his research permit as of June 30th. Mayor expressed the educational factor and economic value of Lynn's bear research, as people doing this type of research provide information. He feels that the City of Ely should go on record in support of Lynn's continued research, requesting that his permit be renewed, and that a resolution of support be drafted up for Council review and adoption at the next regular meeting. Moved by Debeltz supported by Zupec, that the City of Ely go on record in support of Lynn Roger's continuation of research at the Bear Center, recommending that the DNR renew his research permit which will expire as of June 30,2008. Carried unanimously. <BR><BR>Council member Zupec commented that it is a great benefit and impact global wide in what Lynn Roger's is accomplishing from his research; Council member Debeltz also commented that the BBC is putting together huge volumes of research on Dr. Rogers, and that the DNR should come forth as to why they are looking at not renewing his permit;<BR><BR>Council member Lindroos stated that research and the Bear Center are totally entwined with one another; Council member Sheddy noted that students from all over come to the Wolf Center and Bear Center for the educational experience and undergrad work.<BR><BR>Moved by Sheddy supported by Debeltz, that the City of Ely send a letter to the Minnesota DNR Commissioner requesting Commissioner to appear before the Ely City Council, relaying to the Council why Dr. Lynn Rogers is not deserving of DNR support, with Commissioner requested to furnish several dates of availability to appear before the Council. Carried unanimously.<BR><BR>Residential Waste Disposal Contract between the City of Ely and G Men Inc. for the time period June 1, 2008 - May 31, 2009 was presented for Council approval. Moved by Debeltz supported by Zupec, that contract be approved contingent upon Sanitation Committee approval, and that the Mayor and Deputy Clerk be authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>ARDC - RTAC In Kind Grant Program Application was presented to the Council for review. City Operations Director Harold Langowski reported that he had reviewed the application, and feels that the City could work with them on the Pattison Street Realignment - safer route to Ely Schools, recommending that the Council proceed in authorizing him to draft up this grant application. Moved by Nikkola supported by Zupec, that recommendation be approved to submit application to the ARDC - RTAC, and the Mayor and Deputy Clerk be authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>Council member Omerza offered the following resolution: 2008 - 19<BR><BR>WHEREAS: Dorothy Molter Memorial Foundation, PO BOX 391, Ely, Minnesota 55731 has applied for a Minnesota Lawful Gambling Application to conduct a RAFFLE on September 8, 2008 at WELY Radio Station, 131 East Chapman Street, Ely, Minnesota 55731, <BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and the Dorothy Molter Memorial Foundation 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 Omerza, seconded by Council member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted this 6th day of May 2008.<BR><BR>Council member Debeltz offered the following resolution: 2008-20<BR><BR>WHEREAS: Conservationists With Common Sense, PO BOX 1046, Virginia, Minnesota 55792, has applied for a Minnesota Lawful Gambling Application to conduct a RAFFLE on September 7, 2008 at Ely's Whiteside Park, 700 Block East Sheridan Street, Ely, Minnesota 55731,<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and that Conservationists With Common Sense 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 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>Adopted this 6th day of May 2008.<BR><BR>WSB and Associates presented Change Order No. 4 at the Ely Runway Safety Area, Ely Municipal Airport Project, with a total increase in change order of $9,012.34.<BR><BR>Moved by Nikkola supported by Lindroos, that Change Order No. 4 be approved with the Mayor and Deputy Clerk authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>Council member Debeltz offered the following ordinance: Proposed Ordinance #218, Second Series<BR><BR>An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 20, Section 20.2.40, Authorizing The Sale of Land to Mills/Nelson.<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. The Council of the City of Ely, having considered the matter, has determined that the real property hereinafter described does not currently serve any public purpose, the conveyance of this real property is in compliance with the comprehensive municipal plan, and the Planning Department has determined that the proposed use is consistent with the comprehensive municipal plan; and, is therefore available for disposal.<BR><BR>SECTION 2. Pursuant to Section 12.05 of the Charter of the City of Ely, Minnesota, the Council of the City of Ely is hereby authorized to transfer, contingent upon the vacation of a portion of Old Pioneer Road, and the Mayor and Clerk-Treasurer are hereby authorized to execute a quit claim deed and all other documents, and perform all acts necessary for the transfer to Scott Mills and Wende Nelson, that certain real property legally described as follows:<BR><BR>That part of 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 Lots 24, 25 and Pioneer Road of the officially recorded plat of North Chandler Third Addition to bear North 28 degrees 48'00" East and from the corner common to Lot 18, North Chandler Third Addition, said Lot 25 and Pioneer Road, being the POINT OF BEGINNING, run South 60 degrees 42'27" East, a distance of 125.79 feet to a nontangential curve on the northwesterly Right-of-Way of Pioneer Road as it exists in September, 2007.<BR><BR>Thence northeasterly along said nontangential curve, concave to the Southeast, on said existing northwesterly Right-of-Way of Pioneer Road, central angle of 00 degrees 40' 40", chord bearing of North 30 degrees 24'34" East, chord distance of 175.50 feet, radius of 14,834.10 feet, a distance of 175.50 feet to the west Right-of-Way of the existing Yukon Drive;<BR><BR>Thence North 59 degrees 16'50" West, along said southwesterly Right-of-Way of Yukon Drive, a distance of 66.04 feet to a tangential curve concave to the northeast;<BR><BR>Thence Northwesterly along said tangential curve on said southwesterly Right-of-Way, central angel of 20 degrees 57'05", radius of 80.00 feet, a distance of 29.25 feet to a nontangential curve concave to the northwest;<BR><BR>Thence southwesterly along said nontangential curve, central angle of 36 degrees 32 ' 03", chord bearing of South 65 degrees 38'12" West, chord distance of 48.90 feet, radius of 78.00 feet, a distance of 49.74 feet;<BR><BR>Thence North 32 degrees 22'35" West, a distance of 7.97 feet to the line common to Lot 24 and Pioneer Road;<BR><BR>Thence South 28 degrees 48'00" West along said common line, being also common to Lot 25 and Pioneer Road, a distance of 147.52 feet to the Point of Beginning.<BR><BR>Said parcel contains 0.50 acres.<BR><BR>Reserving unto Grantor a perpetual exclusive easement for ingress, egress and utilities, in, over, under, across and upon, said land of said Grantor for the purposes of construction, maintenance, repair, upgrade, reconstruction or replacement of underground water, electric utilities, and associated equipment and structures.<BR><BR>Subject to the following Restrictions: Said real property shall forever be maintained as "green space" and no structure shall be built upon said real property.<BR><BR>Subject to mineral rights, and other rights, reservations, restrictions and easements of record.<BR><BR>And<BR><BR>That part of 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 Lots 24, 25 and Pioneer Road of the officially recorded plat of North Chandler Third Addition to bear North 28 degrees 48'00" East and from the corner common to Lot 18, North Chandler Third Addition, said Lot 25 and Pioneer Road, run South 60 degrees 42'27" East, a distance of 125.79 feet to a nontangential curve on the northwesterly Right-of-Way of Pioneer Road as it exists in September 2007; thence northeasterly along said nontangential curve, concave to the Southeast, on said existing northwesterly Right-of-Way of Pioneer Road, central angle of 00 degrees 45'18", chord bearing of North 30 degrees 26'53" East, chord distance of 195.50 feet, radius of 14,834.10 feet, a distance of 195.50 feet to the northeasterly Right-of-Way of the existing Yukon Drive being the Point of Beginning, being also a point of compound curve concave to the southeast.<BR><BR>Thence northeasterly along said compound curve on said existing northwesterly Right-of-Way of Pioneer Road, central angel of 08 degrees 17"52", radius of 1,348.90 feet, a distance of 195.35 feet;<BR><BR>Thence North 17 degrees 39'21" West, a distance of 39.03 feet to the line common to Lot 3, Lot 22A and Pioneer Road of North Chandler Third Addition;<BR><BR>Thence South 59 degrees 07'45" West along said common line, a distance of 152.73 feet to a tangential curve concave to the northeast;<BR><BR>Thence northwesterly and northeasterly along said tangential curve along the westerly boundary of said Lot 22A, central angel of 149 degrees 42'50", radius of 21.224 feet, a distance of 55.50 feet to a point on the northeasterly Right-of-Way of the existing Yukon Drive;<BR><BR>Thence South 28 degrees 50'35" West along said northeasterly Right-of-Way, a distance of 37.62 feet to a tangential curve concave to the southeast;<BR><BR>Thence southeasterly along said tangential curve on said northeasterly Right-of-Way, central angle of 88 degrees 07'25", radius of 60.00 feet, a distance of 92.28 feet;<BR><BR>Thence South 59 degrees 16'50" East along said northeasterly Right-of-Way, a distance of 66.06 feet to the Point of Beginning.<BR><BR>Said parcel contains 0.40 acres.<BR><BR>Reserving unto Grantor, a perpetual exclusive easement for ingress, egress and utilities, in, over, under, across and upon, said land of said Grantor for the purposes of construction, maintenance, repair, upgrade, reconstruction or replacement of underground water, electric utilities, and associated equipment and structures.<BR><BR>Subject to the following Restrictions: Said real property shall forever be maintained as "green space" and no structure shall be built upon said real property.<BR><BR>Subject to mineral rights, and other rights, reservations, restrictions and easements of record.<BR><BR>SECTION 3. 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 Nikkola, 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 #119, Second Series, adopted and given a first reading and publication, this 6th day of May 2008.<BR><BR>Moved by Omerza supported by Debeltz, that the meeting adjourn. Carried unanimously. Adjournment at 8:40 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 5/17/2008