City Council meeting of Oct. 7

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, October 7, 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>Moved by Zupec supported by Debeltz, that the minutes of the regular meeting of September 16, 2008, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following additions were added to tonight's agenda: Mayor Novak - under D. Mayor's Agenda, Item #5 - Absentee Ballot Applications; Item #6 - City Residents Clean-up Day; Council member Omerza - VIII. New Business, item G - LMC Regional Meeting, Hibbing, October 21st ( clarification as to whom will be attending from the Council). Council members approved above additions.<BR><BR>Mayor Novak requested Council approval in rescheduling regular council meeting of Tuesday, November 4, 2008 to Thursday, November 6, 2008, 6:30 P.M. due to the General Election. Moved by Zupec supported by Debeltz, that request be approved. Carried unanimously.<BR><BR>Mayor Novak informed the Council that the City of Ely is in receipt of a $500.00 donation towards the 2008 fireworks display, from YoungLife, Ely. Moved by Debeltz supported by Omerza, that the City send a letter of thanks to YoungLife, for their donation. Carried unanimously.<BR><BR>Mayor Novak reported that a recent letter to the editor written by a DNR Officer to a local newspaper, referenced that individuals can drop off their appliances at the recycling center. This is an incorrect statement - appliances can be dropped off at the Northwoods Transfer Station, not the city recycling center. Matter of clarification.<BR><BR>Mayor Novak requested placement on tonight's agenda pertaining to the security of city funds. He noted that the City of Ely does banking business with Boundary Waters, Queen City Federal, Wells Fargo and Edward Jones, and that City funds are secured at this time. Matter of information.<BR><BR>Mayor Novak reported that the Clerk's Office has notified him that they are receiving many inquiries from residents of the Town of Morse and Fall Lake Township, pertaining to absentee balloting process for the upcoming General Election. He noted that the contact number for Town of Morse residents is: 365-2613; Fall Lake Township residents: 365-3835. The Ely City Clerk's Office processes applications for absentee ballots for Ely residents only. Matter of information.<BR><BR>Mayor Novak reported that the City of Ely in conjunction with Stan Passananti ( G-Men), will be hosting a City Wide Clean Up Day, to take place on Saturday, October 18th, 7:00 A.M. - 4:00 P.M. at the old city garage site near the Hospital. Household trash, hazardous materials, paints, electronics, etc. are not allowed. This City Wide Clean Up Day is for Ely residents only. Matter of information.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>2008 CGMC Fall Conference, Thursday and Friday, November 20th and 21st, Willmar, Minnesota ( Mayor / Council members authorized to attend) * please make reservation with Deputy Clerk by November 13th;<BR><BR>Paul Ness Consultant - Job Description Update - Assistant Department Head/Top Level Supervisory Position - ( contract not to exceed $1,885.00 - Mayor/Clerk authorized to execute) * ER Committee had approved of job description update process early 2008;<BR><BR>Grand Ely Lodge - request to conduct hayrides, Saturday, October 18th - 10:00 A.M. - 5:00 P.M. - Trezona Trail / Snowmobile Trail ( to approve and coordinate with Ely PD, City Operations Director; providing proper insurance certificate to City Clerk's Office.)<BR><BR>Moved by Debeltz supported by Zupec, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Council member Sheddy reported on behalf of the Ely Planning and Zoning Commission relative to the pricing of the proposed new phase, East Spaulding Development. He recommended that the City obtain information from St. Louis County Assessor Ben Thomas, as to the assessed valuation of each of the 11 individual lots, to be brought back to the Council for formal consideration. Council members concurred that Council member Sheddy's recommendation be approved.<BR><BR>Council member Zupec questioned the minutes of the last Planning and Zoning Commission Meeting, where there were some concerns expressed by residents living near the hospital expansion project. Hospital Administrator John Fossum was in tonight's audience, informing Council that the hospital has worked with city engineering firm RLK Kuusisto on these concerns, noting that the exit to the alley from parking lot has been eliminated; that speed reduction items have been put in place for any water that may come into the parking lot; that there should be no new issues, with the hospital pleased to accommodate these neighbors' concerns. Council member Debeltz questioned whether or not the hospital will be responsible for the removing of snow in the parking lot area, with Administrator Fossum reporting that they will be assisting with their bopcat. Council member Sheddy reported that City Operations Director Harold Langowski, Chairperson of the Ely Planning and Zoning Commission Tony Colarich, along with himself had met on site on Monday, and that the neighborhood concerns seem to have gone away. Matter of information.<BR><BR>City Attorney Rae Bentz reported back to the Council as to prior request from Wise Guys Pizza requesting an On Sale Restaurant License from the City of Ely. He noted that after<BR><BR>researching current statute, the on sale licenses issued to a restaurant no longer count towards the total limit of licenses for the City under statute. Even if the City issued the full nine licenses authorized by ordinance and statute, assuming Wise Guys Pizza meets the definition of restaurant under statute, the City could issue them a full on sale liquor license. Moved by Zupec supported by Debeltz, that the City Attorney be directed to draft up an amendment to current liquor license, increasing the number of On Sale / Restaurant Licenses, that the City may issue, with Ordinance to be addressed and given a first reading and publication at the October 21, 2008 Regular Ely City Council Meeting.<BR><BR>Carried unanimously.<BR><BR>Clerk-Treasurer Terri Boese requested approval of City Bills and Payroll for September 2008, as follows: General Fund - $577,260.84, EUC Fund - $442,547.30.<BR><BR>Moved by Debeltz supported by Zupec, that bills and payroll be allowed and paid.<BR><BR>Carried unanimously.<BR><BR>Clerk-Treasurer Boese reported that 15 applications were received for the position of Confidential Accounting Clerk; that applications have been sent to consultant Paul Ness for review and ranking. She will be interviewing the selected ranked candidates for this position, and is looking for a member or two of the Employee Relations Committee to sit in on interviews with her. Council member Omerza volunteered to serve as a representative from the ER Committee. Any other member should contact Clerk-Treasurer if interested in participating. Matter of information.<BR><BR>At the last regular meeting, Ely City Council members have directed the Clerk-Treasurer and City Attorney, to develop a memorandum of understanding for consideration by the city employees various bargaining units, for the offering of an additional health insure plan ( VEBA) to employees, effective January 1, 2009. City Attorney Bentz reported that the City is awaiting copies of letters consultant Rich Rand is preparing to the various bargaining units, as to the offering of this additional health care coverage plan to employees of the City. Moved by Omerza supported by Zupec, that once the details are worked out on this memo of understanding, the Mayor and Clerk-Treasurer be given the power to act in signing of this agreement on behalf of the City of Ely. Carried unanimously.<BR><BR>Communication was received from Connie Andrew of the Minnesota Department of Natural Resources, NE Region Trails and Waterways, of FY 09 ( 2008 - 2009) snowmobile trail agreement, Lake Trail Ely to Vermilion - $11,400.00. Moved by Debeltz supported by Nikkola, that the Mayor and Clerk-Treasurer be authorized to execute agreement on behalf of the City of Ely. Carried unanimously. <BR><BR>Communication was received from City Operations Director of Public Works and Utilities, Harold Langowski, informing Council members that the City currently has a contract with Porthan Painting to complete the painting in the Community Center. He noted that to date the hallway painting portion of the contract has been completed. In June it was decided that the repair and painting to the ceiling in the auditorium should not be done until the roof is replaced. At the September 30th City Council Study Session there was discussion about closing the building and if the building were to be closed, he would recommend the contract be cancelled for painting the auditorium, as with the roof leaks and the building not being heated, the paint would likely be damaged. If the Council decides not to do the work, there will be fixed costs for not completing the work as stated in the contract, and the City would need to discuss this issue with Porthan Painting. Council member Zupec posted two questions to the Council; 1. Did any city official talk to Porthan Painting regarding this contract and 2. The Chapman Street Redevelopment Committee will be meeting with city engineer John Jamnick, and hopefully John Fedo, at their November 5th regular monthly meeting, of which the Community Center will be part of the Chapman Street Redevelopment discussions.<BR><BR>Council member Sheddy also reported that the Buildings Assessment Committee will be meeting on a regular monthly basis starting now in October, with Architect's response on building to be received back to City in January or February 2009. He stated that the immediate closing of the CC Building is not realistic. City Operations Director stated that the City does have a standing contract with Porthan Painting. The Buildings Assessment Committee will be meeting on October 20th, at which time he will be inviting City Architect DSGW to attend this meeting, laying out options. It was recommended that the City Council have a public meeting pertaining to the CC Building in December, and many more throughout the winter months, to receive report from the Buildings Facility Committee, Chapman Street Redevelopment Committee, City Architect DSGW with possible funding sources. Council member Omerza questioned whether there would be other ways to winterize the CC Building such as plastic on windows, minimum heating when rooms are not in use. City Operations Director commented that there does not appear to be a real effective way to winterize the building, and the City will continue normal operations. Mayor Novak commented that there are a lot of events now scheduled for the CC Building over the winter months, and he feels the contractor should go ahead with the painting of the auditorium walls, with the architects weighing in on any further renovation. Council member Debeltz also stated that he feels the City should continue with the painting project of auditorium walls. Porthan Painting will complete the painting of the CC Auditorium walls at this time.<BR><BR>City Operations Director of Public Works and Utilities requested approval of the following EUC consent agenda items:<BR><BR>Approved purchase of $2,000 of postage for the billing office postage meters;<BR><BR>Approved payment of the Minnesota Department of Health Community Water Supply Service Connection fee quarterly charge for $2,981.00;<BR><BR>Approved payment of Wisconsin Energy Corporation Invoice #12250 for $164.30 for CIP Program Incentives;<BR><BR>Approved payment of R & W Enterprises Invoice #72 for $120.00 for Master of Record;<BR><BR>Approved payment of the Minnesota Department of Commerce Second Quarter Indirect Assessment for $571.82;<BR><BR>Approved payment of the Minnesota Power August 2008 Invoice for $137,238.59;<BR><BR>Approved payment of the RLK, Inc. Invoice #8 for $8,376.07 for the Harvey/Conan Alley Utility Improvements;<BR><BR>Approved payment of the KBM, Inc. Invoice #080823 for Feeder 6 for $512.65<BR><BR>Moved by Nikkola supported by Lindroos, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Claims for payment were received from the following:<BR><BR>Klun Law Firm - Invoice #14168 - Vacation of Old Pioneer Road - $93.65;<BR><BR>LMC - membership dues for 2008/2009 - $3,140.00;<BR><BR>Community Economic Joint Powers - 4th quarter 2008 allocation - $12,862.65;<BR><BR>Ely Community Resources - 4th quarter allotment - $3,315.00;<BR><BR>Terry's Operational Services - September 2008 WWTP Operation Report and Invoice - $1,051.51 ( includes monthly invoice of $550.00 plus conference fees);<BR><BR>WSB and Associates - Pay Voucher #12, Ely Runway Safety Area - $47,656.54 * contingent upon Airport Commission approval;<BR><BR>RLK Kuusisto - Spaulding Phase 3 Platting - professional services - $6,410.00<BR><BR>Moved by Zupec supported by Debeltz, that above claims be approved and ordered filed.<BR><BR>Council member Debeltz questioned item #C, and whether or not this amount will change if the Town of Morse pulls monies out of the Joint Powers as they had indicated that they would. Mayor Novak reported that Community Joint Powers budget sits fine for this year. Council member Lindroos questioned item #F and whether or not this should be brought before the Airport Commission initially; Mayor Novak commented that wording contingent upon Airport Commission approval takes care of that concern, and this saves time in the final processing of claims once approved. Carried unanimously.<BR><BR>Communication was received from the IRR, thanking the City for the application to the public works project program, 2nd Avenue/ Central/Pattison Infrastructure and Spaulding Housing Infrastructure. At this time they are not recommending the project for funding. Matter of information.<BR><BR>Communication was received from the Minnesota Pollution Control Agency, regarding City of Ely Toxicity Testing, National Pollutant Discharge Elimination System/State Disposal System Permit. Matter of information. <BR><BR>Moved by Omerza supported by Zupec, that the City Council waive the readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>WSB and Associates, presented formal supplemental agreement documents amending WSB's contract for construction administration services in conjunction with the Runway Safety Area Project, Ely Municipal Airport. Moved by Debeltz supported by Zupec, that the Mayor and Clerk-Treasurer be authorized to execute agreement contingent upon Airport Commission approval. Carried unanimously.<BR><BR>Council member Debeltz offered the following ordinance: Proposed Ordinance #224, Second Series, An Ordinance Of The City of Ely, Minnesota, Adding To The Ely City Code, Chapter 20, Section 20.1.19, 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 20.1.19, of the Ely City Code to read as follows:<BR><BR>Section 20.1.19 Zoning Map Amendment. The zoning classification of the parcel of land located in the City of Ely, County of St. Louis, State of Minnesota, which has the following legal description:<BR><BR>That part of the Southwest Quarter of the Northeast Quarter ( SE &#188; of NE &#188;), Section Thirty-three (33), Township Sixty-three (63) North, Range Twelve (12) West of the Fourth Principal Meridian, St. Louis County, Minnesota, lying East of the westerly right-of-way of Second Avenue West extended southerly, and South of the centerline of Pattison Street extended westerly. Said parcel contains 10.11 acres, is hereby zoned Industrial and Related (M).<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 Debeltz, 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 #224, Second Series, adopted and given a first reading and publication, this 7th day of October 2008.<BR><BR>Council member Debeltz offered the following resolution: 2008 - 38<BR><BR>A Resolution Approving The Issuance And Sale Of Health Care Facilities Revenue Notes, Series 2008 ( Ely Bloomenson Community Hospital and Nursing Home Corporation Project) In The Aggregate Amount Of Not To Exceed $14,700,000 And Authorizing The Execution Of Documents Relating Thereto<BR><BR>( resolution in entirety available at the office of the Ely City Clerk, 209 East Chapman Street, Ely, Minnesota 55731)<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 7th day of October 2008.<BR><BR>Council member Nikkola offered the following resolution: 2008-39<BR><BR>WHEREAS: Knights of Columbus, Council 3238, 1012 East Harvey Street, Ely, Minnesota, has applied for a Minnesota Lawful Gambling Application to conduct BINGO on December 7, 2008, at St. Anthony's Catholic Church, 231 East Camp Street, Ely, Minnesota 55731, <BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and that Knights of Columbus, Council 3238 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 Nikkola, seconded by Council member Sheddy, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted this 7th day of October 2008.<BR><BR>Council member Debeltz offered the following resolution: 2008-40<BR><BR>WHEREAS: Crazy Flight Chapter, The Ruffed Grouse Society, PO Box 285, Winton, Minnesota 55796 , has applied for a Minnesota Lawful Gambling Application to conduct a RAFFLE on October 23, 2008, Grand Ely Lodge, 400 North Pioneer Road, Ely, Minnesota 55731, <BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and that Crazy Flight, The Ruffed Grouse Society, 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 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>Adopted this 7th day of October 2008.<BR><BR>Council member Nikkola had requested that EEDA compensation be placed on tonight's agenda, as per current state statute, EEDA members must be compensated. Moved by Nikkola supported by Sheddy, that the EEDA Members receive $1.00 per month, with the President being compensated $2.00 per month. Moved by Nikkola supported by Sheddy, that the motion be restated to reflect to be paid accordingly per Minnesota State Statutue or the recommended $1.00 per month for EEDA Members; $2.00 per month for EEDA President. Carried unanimously.<BR><BR>St. Louis County Fire Protection Services Agreements for Unorganized Townships 64-12 and 64-13, for 2008/2009 were brought before the Council for approval. Moved by Debeltz supported by Zupec, that the Mayor and Clerk-Treasurer be authorized to execute agreement. Carried unanimously.<BR><BR>Council member Omerza questioned the Council members as to who will be attending the LMC Regional Meeting in Hibbing on October 21st, as this is the same date as the Ely City Council Meeting. Council member Omerza and Zupec, will be attending this meeting, and wanted to ensure that a quorum of Council members will be in attendance at the October 21st Council Meeting. Council members concurred that there would be a quorum. <BR><BR>Moved by Omerza supported by Nikkola, that tonight's meeting adjourn.<BR><BR>Carried unanimously.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 10/11/2008