June 3, 2008 Ely City Council minutes

<BR><BR>DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, June 3, 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 public in attendance at tonight's Council meeting and also those viewing the meeting over ELYTV, Channel 11.<BR><BR>Moved by Debeltz supported by Zupec, that the minutes of the regular meeting of May 20th and the special meeting of May 21st, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>Mayor Novak informed the Council of an omissions to tonight's agenda:<BR><BR>VII. Old Business, Item B. - Mauro Caruso, Trails Plaza Proposal, noting that individual has withdrawn his proposal at this time; Council member Sheddy requested the following addition: VIII. New Business, Item C - ELY TV - National Press.<BR><BR>Council member Debeltz also issued a thank you for City Operations Director Harold Langowski and his crew, for the assistance given at the Ely Softball Complex.<BR><BR>Council members unanimously approved above omission and additions.<BR><BR>Mayor Novak publicly thanked the Ely Lions Club Members for their highway cleanup on County Highway 88, and for the purchasing and stocking of "doggy bags" at the Trezona Trail. Moved by Debeltz supported by Omerza, that the City send an official letter of appreciation to the Ely Lions Club Members for their efforts. Carried unanimously.<BR><BR>Mayor Novak proclaimed SATURDAY, June 28th, 2008 as JIM HOGAN FUN RUN DAY in Ely, noting that this is an annual event, a good event and encouraged people to participate at the Semer's Park Area, with further information to be published on this event by the MS group.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>YoungLife, Ely - hosting of July 4th activities in conjunction with the City of Ely - city in-kind services as in past ( approve and refer to Public Works, Police, Utility Departments to coordinate);<BR><BR>Jodi Martin, City of Ely, 4th of July Volunteer Parade Coordinator - request for parade permit; City Fire Truck to take part in parade ( approve and refer to Police and Public Works Department to coordinate);<BR><BR>"Lifting" of calendar parking in the City of Ely, to resume on November 1, 2008;<BR><BR>Richard J. Pucel, Chairperson, Ely Charter Commission - request for budget for City Charter Commission ( refer to City Budget Committee);<BR><BR>FAA Grant Request, Ely Municipal Airport, Revised Application for Federal Assistance - ( Mayor and Deputy Clerk authorized to execute on behalf of the City of Ely);<BR><BR>Calling for Bids - Ely Utilities Commission - 2 utility vehicles with deadline for bids being 2:00 P.M. Tuesday, June 24, 2008, Clerk-Treasurer's Office;<BR><BR>Ely Jaycees - request for proper city license to operate beer garden at Whiteside Park during the Blueberry Arts Festival, July 25th, 26th, 27th; waiving of requirement for an on site police officer ( to approve as in past subject to filling out proper forms, providing required insurance, providing list of names of individuals to Ely Police Department that will be monitoring the beer garden);<BR><BR>Memo of Understanding for Supervisors of Other Than Essential Employees to participate in Health Care Savings Plan<BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Larry Polyner and Wendy Varey requested to appear before the Council representing the V.F.W. Post #2717, Ely. The club is planning a Family Fund Day at Semer's Park on August 23, 2008 and are requesting use of Semer's Park and approval for a license to sell beer on that date, at said location. Part of the festivities would include a Cardboard Boat Regatta Fund Raiser, with their goal being that everybody has fun and stays safe on this VFW Family Fun Day. Secondly, they are requesting Council consideration in approving a Sunday liquor license for the V.F.W. at 2 West Sheridan Street, Ely. Moved by Debeltz supported by Zupec, that the first request be approved pending filing of proper paperwork and insurance certificate with the City, and coordination with the appropriate City departments. Carried unanimously. Moved by Debeltz supported by Sheddy, that request for Sunday Liquor License for the V.F.W. Post #2717 be approved contingent upon compliance with city ordinance and state statute, to be reviewed by the City Attorney. Carried unanimously.<BR><BR>Council member Omerza reported on behalf of the City Parks and Recreation Board Meeting of June 2nd: discussion was held regarding the future use of the Miner's Dry Building, with City Operations Director Langowski recommending that the building be placed under the responsibility of the City Parks and Recreation Board; this matter will be taken to a future Ely City Council Monthly Study Session for discussion.<BR><BR>Council member Debeltz reported on behalf of the Donald G. Gardner Humanities Trust Board: The Board has given out over $15,600.00 to local art associations and students.<BR><BR>Council member Sheddy reported that at the May 15, 2008 Planning and Zoning Commission Meeting, the commission went on record that the Duluth Metals Project for the Ely Business Park, fits the criteria and profile to fit in the current Business Park Plan, and that Duluth Metals continue to craft up an agreement under the direction of the City Attorney. Council members concurred with recommendation.<BR><BR>Discussion was held regarding the draft 2009 Fire Protection Agreements between the City of Ely, and the Town of Morse, Town of Fall Lake, City of Winton, and Stony River Township. Council member Lindroos reported that the City representatives on the Fire Committee met with the City Attorney last week, to craft this agreement into draft format for Council review. Moved by Nikkola supported by Zupec, that the City of Ely approve of the 2009 Fire Protection Agreement with copies sent to Town of Morse and Fall Lake, informing them that the City is requiring the contracts be returned to the City of Ely by July 31, 2008, as to their intent to continue contracting services with the City of Ely.<BR><BR>Council member Omerza inquired as to what happens if the agreements are not signed and returned to the City of Ely by July 31, 2008, suggesting that the Clerk-Treasurer's Office then follow up with a friendly reminder letter. Council member Nikkola stated that there should be no need for a reminder; the entities will be receiving a cover letter and contract for 2009 Fire Services from the City of Ely prior to July 31, 2008, with Mayor Novak commenting that if the contracts are not approved and returned, the City of Ely will proceed in posting notice of suspension of fire protection services, to the residents of the Town of Morse and Fall Lake Township.<BR><BR>Carried unanimously.<BR><BR>City Attorney Bentz presented the Council members with a proposed development agreement between the City of Ely and Duluth Metals, for Business Park Development Project. Moved by Debeltz supported by Sheddy, that the City Attorney be directed to forward the proposed development agreement to Duluth Metals for their review and comment, and that the Planning and Zoning Commission be encouraged to authorize the necessary variances for parking. Carried unanimously. Council member Sheddy also recommended that the City look at amending the current Business Park Plan to address changes in some areas to include parking lots, as the current Business Park Plan is truly not in compliance. City Attorney Rae Bentz commented that the City of Ely could amend the current Business Park Plan by ordinance, but in the case of Duluth Metals, he recommended that a variance process be used in order to expedite process. Council members concurred with this recommendation.<BR><BR>City Attorney Bentz presented the Council with a lease agreement between the City of Ely and Tonka Bay Builders Inc. for rental space at the old city garage, with lease being that of a month to month basis, at $200.00 per month. Moved by Debeltz supported by Sheddy, that lease be approved with the Mayor and Deputy Clerk authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>City Attorney Bentz presented the Council with a revised 2008/2009 G Men Sanitation Contract for consideration, which reflects authorization for the contractor to charge an additional $0.01 per pound for every $0.25 increase in fuel above $4.50, as well as contractor's agreement to lower the charge $0.01 per pound should the price of fuel drop. <BR><BR>Moved by Sheddy supported by Nikkola, that revised 2008/2009 G Men Sanitation Contract be approved and that the Mayor and Deputy Clerk be authorized to execute on behalf of the City of Ely. Carried unanimously.<BR><BR>Deputy Clerk requested Council approval in the payment of City Bills and Payroll, along with EUC Bills and Payroll for May 2008, in the amount of <BR><BR>$374,519.04 and $357,259.45 respectively. Moved by Debeltz supported by Zupec, that above bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Deputy Clerk Wellvang reported that after reviewing applications received for the position of Clerk-Treasurer, Personnel Specialist Paul Ness and herself would like to recommend that the following applicants be interviewed for above position: Angela Storlie, Bigfork, Minnesota; Terri Boese, Westminster, CO; Serina Stillman, Tok, <BR><BR>AK; Christine Norton, Lino Lakes, MN; Jeanne Landwehr, Embarrass, MN; Cathy Stevens, Princeton, MN; Janice Carlson, Osceola, WI; Debbera Marinaro, Babbitt, MN; Benjamin Thomas, Ely, MN. Moved by Zupec supported by Omerza, that the Council accept recommendation to interview above nine candidates as presented by the Deputy Clerk, and that a special meeting of the Ely City Council be scheduled for Saturday, June 21, 2008, beginning at 8:00 A.M. Board Room Ely City Hall, to conduct the nine interviews. Carried unanimously. Council member Debeltz informed Council that he will be unable to attend these scheduled interviews due to prior commitment.<BR><BR>City Operations Director of Public Works and Utilities Langowski presented the following EUC consent agenda items:<BR><BR>Recommend purchase of a grounding reel for the bucket truck from Border States for $781.50;<BR><BR>Recommend purchase of ten (10) additional hose meters for approximately $1,000.00;<BR><BR>Recommend payment of R & W Enterprises for April 2008 Invoice for $120.00;<BR><BR>Recommend payment of the Wisconsin Energy Conservation Corp. Invoice #11922 for $226.80;<BR><BR>Recommend payment of the Minnesota Power April bill for $201,469.33<BR><BR>INFORMATION<BR><BR>Agree to fill and empty the pool and provide electric service for the Chamber of Commerce for the Dock Dogs Northern Stars Event on June 6 - 8, 2008;<BR><BR>Approve the Energy Star Rebate Programs;<BR><BR>Reject the one bid from Michels Power for the Feeder 6 Project.<BR><BR>Moved by Debeltz supported by Zupec, that above consent agenda items #1 - 5 be approved and ordered filed. Carried unanimously.<BR><BR>City Operations Director also requested Council approval to call for quotes to sell used City Equipment with minimum bids as noted on list prepared by Public Works General Foreman. Moved by Debeltz supported by Zupec, that request be approved. Carried unanimously.<BR><BR>City Operations Director reported to the Council, his concerns over safety issues of the old mining building on the former Pioneer Mine Site. ( Building across from radial smokestack). The EUC has turned the electric service off, and is recommending that the public stay away from this building. The headers are sagging and the bricks are falling off. Operations Director has sent a request to Mineland Recreation to assist in repair, as the building is currently in a state of disrepair. Council member Zupec suggested that masons be contacted to see if as with the radial smokestack, the building could be brought down and built up again using the same material. Moved by Zupec supported by Debeltz, that the Operations Director be authorized to proceed to shore up the building and to contact the State Historical Society, to report back to the Council with recommendation. Carried unanimously.<BR><BR>The following claims for payment were brought before the Council for approval:<BR><BR>Klun Law Firm- professional services<BR><BR>New Pamida Store - Invoice #13820; $534.60;<BR><BR>Leustek Claim for Idle Equipment at Airport Project - Invoice #13819 - $74.65;<BR><BR>General Ely Matters - $33.89<BR><BR>TKDA - professional services - March 30, 2008 - April 26, 2008 - 2008 CIP for the Ely Municipal Airport - $13,800.36 * contingent upon Ely Airport Commission approval<BR><BR>WSB and Associates Inc.<BR><BR>Pay Voucher No. 11 - Ely Runway Safety Area - $24,292.90;<BR><BR>Construction Project Status, Ely Municipal Runway Safety Area Project - INFORMATION;<BR><BR>Contract Amendment, Runway Safety Area Project - $57,035.37 * Airport Commission approved 5/29/2008;<BR><BR>US Bank - GO Improvement Refunding Bonds 2002 - $431.25;<BR><BR>RLK Kuusisto - professional engineering services<BR><BR>3rd Avenue East Sewer Improvements - $371.00;<BR><BR>Loe Industrial Park Parcel Sketch - $433.30;<BR><BR>Harvey/Conan Utility Improvements - $1,900.40<BR><BR>contingent upon EUC approval<BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed.<BR><BR>Council member Sheddy questioned C. #3 requesting that the wording contingent upon project completion be added to approval of payment. City Operations Director Langowski recommended that C. #3 be tabled at this time. Moved by Zupec supported by Debeltz, that original motion be restated to reflect that above items be approved and ordered filed, with the stipulation that C. WSB and Associates Inc. #3 - Contract Amendment, Runway Safety Area Project - $57,035.37 be allowed and paid upon project completion. Carried unanimously. <BR><BR>Moved by Zupec supported by Debeltz, that the Council waive readings in their entirety of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>At the May 27, 2008 Ely City Council Study Session, the Council placed the following item on tonight's agenda for Council consideration: Iron Range Fiber Net Project - City of Ely commitment - $15,000. Moved by Sheddy supported by Nikkola, that the City of Ely approve the $15,000 to proceed with the Iron Range Fiber Net Project.<BR><BR>Council member Omerza informed Council members that she will need to abstain as she was not present at the May 27th Study Session and has not viewed a tape of that meeting, where Mr. Gary Fields made a presentation on Iron Range Fiber Net Project. Mayor Novak proceeded to recap the presentation that Gary Fields made to the Council at the May 27th Study Session.<BR><BR>Council member Debeltz informed Council members that he will be voting no on this commitment at this time; that he would like to see a project such as this go forward, but did not want to commit $15,000.00 of tax payer dollars that may be lost if the project does not proceed, and the Council must proceed cautiously. <BR><BR>Mayor Novak stated that he is in support of committing the City to the $15,000.00 to proceed - if the project does move forward, this money will be returned to the City. The committee he serves on pertaining to above will be meeting in July and at that time will know how many cities go along with project to commit further.<BR><BR>Council member Lindroos commented that he feels the $15,000 will be money well spent for now on this project.<BR><BR>YES: Council members Lindroos, Nikkola, Omerza, Sheddy, Mayor Novak (5)<BR><BR>NO: Council members Debeltz, Zupec (2)<BR><BR>ABSENT: None (0)<BR><BR>Motion carried.<BR><BR>Paul and Jean Ann Larson proposal to the City to acquire a portion of city owned property on the west end of Highway #169 ( City west entrance) was referred to tonight's Council meeting from the May 27th Council Study Session. Moved by Nikkola supported by Omerza, that proposal be referred to the Planning and Zoning Commission to see if it complies with the City's Comprehensive Land Use Plan, to report back to the Council.<BR><BR>Carried unanimously.<BR><BR>Council member Debeltz offered the following ordinance: Proposed Ordinance No. #218, Second Series, An Ordinance Of The City Of Ely, Minnesota, Adding To The Ely City Code, Chapter 2, Section 2.62, Entitled Combined City Projects, Land, Streets and Infrastructure Committee<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>Section 1. A new Section shall be added to Chapter 2 as Section 2.62, of the Ely City Code to read as follows:<BR><BR>Sec. 2.62 City Projects, Land, Streets and Infrastructure Committee<BR><BR>Subd. 1. Establishment and Composition. A new committee is hereby established where the three current committees known as the Ely Community Projects Committee, the City Land Committee, and the City Streets and Infrastructure Committee shall be combined into one Projects, Land, Streets and Infrastructure Committee. Said Projects, Land, Streets and Infrastructure Committee shall be composed of eleven (11) members, consisting of the Ely Operations Director, two (2) Council Members, two (2) EUC Members, one (1) EADA representative, one (1) Planning and Zoning Commission Member, and four (4) citizens at large who shall each serve for a term of three (3) years with staggered term appointments; and each member shall be nominated by the Council pursuant to Section 11.01 (b) of the Charter of the City of Ely. <BR><BR>Subd. 2. Powers and Duties. The Committee shall make recommendations to the Council of all matters dealing with community projects, the Ely Business Park, land sales and acquisition, streets and infrastructure. It may recommend an annual operating budget, recommend capital improvements, and serve as a forum for others to express their views on subjects relating to community projects, land, streets and infrastructure. The Committee shall further recommend to the City Council a prioritized list of projects to be considered to utilize the dedicated monies from the $5.00 EUC street maintenance charge.<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 Nikkola, 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>ABSTAIN: None (0)<BR><BR>Proposed Ordinance #219, Second Series, given a second and final reading and publication, this 3rd day of June 2008.<BR><BR>Council member Zupec qualified his "no" vote by stating he has concerns with the City combining 2 special committees into one committee. Mayor Novak stated that by doing so, this reduces the redundancy. <BR><BR>Council member Zupec offered the following resolution: Resolution 2008 - 23<BR><BR>Resolution Supporting Dr. Lynn Rogers and the Wildlife Research Institute<BR><BR>WHEREAS: Dr. Lynn Rogers has been researching the North American Black Bear since 1969 and;<BR><BR>WHEREAS: Dr. Lynn Rogers founded the Wildlife Research Institute in 1971 whose primary interest is researching the North American Black Bear, and<BR><BR>WHEREAS: The research of Dr. Lynn Rogers and the Wildlife Research Institute is the basis for the establishment of the North American Bear Center in May of 2007 located at the West Boundary of the City of Ely, and<BR><BR>WHEREAS: The North American Bear Center displays the life work of Dr. Lynn Rogers in an educational format for all visitors to learn about the true habits of the North American Black Bear using informational kiosks, actual video presentations, live exhibits and volunteers to interact with visitors, and<BR><BR>WHEREAS: The North American Bear Center attracted 35,000 on-site visitors as well as 357,000 visitors to its web site in 2007 and anticipates 50,000 on-site as well as 500,000 visitors to its web site in 2008, all of which are interested to learn the reality of the North American Black Bear, and<BR><BR>WHEREAS: Dr. Lynn Rogers has been featured on several internationally known television programs and series such as Animal Plant, ESPN and many others sponsored through BBC America which is currently preparing a series to air worldwide soley dedicated to the research of the North American Black Bear and expected to reach in excess of 100 million viewers, and<BR><BR>WHEREAS: The North American Bear Center is a vehicle to attract visitors to the City of Ely that results in a sizeable expenditure in the city retail establishments for lodging, food, beverage and memorabilia and has become a significant economic influence in the City of Ely, and<BR><BR>WHEREAS: The Minnesota Department of Natural Resources is currently conducting a peer review of the life's work of Dr. Lynn Rogers and the current permit to continue researching the North American Black Bear is set to expire on June 30, 2008, and<BR><BR>WHEREAS: The educational value of the research of Dr. Lynn Rogers will grow stagnant if the research permit is not renewed and the attractiveness of the North American Bear Center will diminish resulting in a negative economic impact upon the City of Ely,<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Ely City Council encourages the Commissioner of the Minnesota Department of Natural Resources to conduct the peer review in a broad based and unbiased manner allowing submissions of all qualified fellow researchers similar to Dr. Lynn Rogers to be considered, and<BR><BR>The Commissioner of the Minnesota Department of Natural Resources issue a permit renewal allowing the continued research of Dr. Lynn Rogers to further enhance the educational value of all research accomplished thus far as displayed at the North American Bear Center and at a minimum, consider a temporary extension of the current permit to allow a proper study of the various peer reviews to preclude a misjudgment caused by a simple time constraint.<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 3rd day of June 2008.<BR><BR>Zoning Administrator had obtained two quotes for legal description of unzoned City parcel ( West end / Moose Club), as follows: RLK - $800.00; Bear Island Surveying - $150.00. Moved by Debeltz supported by Nikkola, that the City award Bear Island Surveying the low quote of $150.00. Carried unanimously.<BR><BR>Council member Sheddy informed Council members that Ely Clean Up Days was very successful, and that he would like to publicly thank Stan Passananti ( G-Men) for providing the dumpster trailers. Moved by Sheddy supported by Zupec, that letter of appreciation be sent Stanley for his generous gesture. Carried unanimously.<BR><BR>He also recommended that a letter of thanks be sent City Public Works Employees John Braun, Russ Wetzel, Cheryl Anderson, Tim Carlson, for all their help working that Memorial Day Weekend. Moved by Sheddy supported by Debeltz, that a letter of appreciation be sent above City Employees for their efforts. Carried unanimously.<BR><BR>City Operations Director Langowski reported that the EUC will be collecting old computers, light bulbs, etc. and working with St. Louis County in the clean up of these particular items. He will be coordinating this project on behalf of the City of Ely.<BR><BR>Council member Debeltz offered the following resolution: 2008 - 24<BR><BR>RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT<BR><BR>Be it resolved that the Ely Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE AND SOBER COMMUNITIES during the period of October 1, 2008 through September 30, 2009.<BR><BR>Be it further resolved that the Sheriff of St. Louis County Sheriff's Office is hereby authorized to execute the grant, be the fiscal agent and administer this grant on behalf of the Ely Police Department.<BR><BR>Motion for the adoption of the foregoing resolution 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>Adopted this 3rd day of June 2008.<BR><BR>Council member Sheddy informed the Council that USA Today made mention of ELY TV, Mike Jankovec in trying to encourage the youth to participate in upcoming Polka programs that were being scheduled in the area. He noted that any press is good press such as that.<BR><BR>Moved by Lindroos supported by Debeltz, that the meeting adjourn. Carried unanimously. Adjournment at 7:28 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 6/14/2008