City minutes for Oct.21, 2008

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, October 21, 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, Sheddy, Zupec, Mayor Novak (6)<BR><BR>ABSENT: Council member Omerza (1)<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the regular meeting of October 7th be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following additions were added to tonight's agenda: Mayor Novak requested that a report on the October 18th Clean Up Day be placed under Mayor's Agenda, Item 5 ; update on Winter Camping Symposium, which is already included as Item 3 under Mayor's Agenda; communication from Excelsior Energy, to be placed under E. Consent Agenda Items, item 5. It was the Council member's consensus to approve of requested additions.<BR><BR>Mayor Novak also informed Council members of the following omissions to tonight's agenda: II. Requests To Appear Before Council , C - Richard Watson, Ely Noise Ordinance Enforcement - individual has requested he be placed on the agenda for the Tuesday, October 28th Regular Monthly Ely City Council Study Session. Matter of information.<BR><BR>Mayor Novak reminded the public of Calendar Parking, which will take effect in the City of Ely as of November 1st; he noted that the City will be advertising the City's Calendar Parking Policy in all local publications, also on ELY TV and WELY Radio. Handouts will be available at the Clerk's Office for members of the public to pick up also.<BR><BR>Matter of information.<BR><BR>Mayor Novak offered the following proclamation:<BR><BR>WHEREAS: The manufacturing industry is a dynamic part of Minnesota's economy, and promotion of this sector's strength, success and high quality of life is an integral part of Minnesota's economic development strategy; and<BR><BR>WHEREAS: Manufacturing provides high skill, high wage jobs which significantly contribute to Minnesota's high standard of living and economic vitality; and<BR><BR>WHEREAS: Manufacturing has the largest total payroll of any business sector in Minnesota, providing 17.9 billion in 2007 wages; and<BR><BR>WHEREAS: Manufacturing produces $33.9 billion for the state economy and is the largest share, 13.3 percent of our gross domestic product; and<BR><BR>WHEREAS: Manufactured exports brought over $16.2 billion into the Minnesota economy in 2007.<BR><BR>NOW, THEREFORE I, Charles J. Novak, Mayor of the City of Ely, Minnesota, do hereby proclaim that the week of October 20th - 24th, 2008 shall be observed as:<BR><BR>MINNESOTA MANUFACTURER'S WEEK in the City of Ely.<BR><BR>Motion for the adoption of the foregoing proclamation was made by Council member Debeltz, seconded by Council member Zupec, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Omerza (1)<BR><BR>Motion carried.<BR><BR>Mayor Novak reported that a Winter Camping Symposium will be taking place at VCC the weekend of October 24th/25th; that the Council members are invited to partake in the various sessions at no fee, and are also invited to a reception to take place at VCC on Saturday, October 25th, 9:00 P.M. Matter of information.<BR><BR>Communication was received from Don Langan, ISD #696 Supt. of Schools, relative to the 2008/2009 lease agreement for the JFK Building. The Ely City Council and Ely School Board had met in Joint Session on September 30th to discuss the future of the JFK Building. Mayor Novak noted that the Clerk-Treasurer and himself will be meeting with Supt. Langan to discuss this letter further, and to schedule a future Joint Meeting between two bodies. Matter of information.<BR><BR>Mayor Novak reported that the October 18th Clean Up Day Event for the City of Ely was very successful. Council member Sheddy thanked Stan Passananti ( G-Men) along with public works employees Cheryl Anderson and Tim Carlson for working this event., which was a huge success. Mayor Novak also noted that this Clean Up Event was a good service for the Ely community.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>1. Ely Chamber of Commerce - request to hold a Community Christmas Parade on Friday, November 28th, 5:30 P.M. ( to approve and coordinate with City Operations Director and Chief of Police); <BR><BR>2. Len Katauskas, Chair, Liquor Committee - Restaurants Serving Liquor - INFORMATION;<BR><BR>3. Mary Parks Brennan, SISU Designs; Joe Owens, Friends of the Ely Public Library - requests to be appointed to the Chapman Street Redevelopment Committee - ( to approve noting Committee will be meeting on Wednesday, November 5th, 6:30 P.M. City Hall with City Engineer John Jamnick and John Fedo);<BR><BR>4. State of Minnesota, DNR/Lease FY09, Enforcement Seasonal Storage - Ely Municipal Airport ( rental of Airport Garage - Mayor and Clerk-Treasurer authorized to execute Lease * rate includes monthly increase adopted by Airport Commission for 2009);<BR><BR>5. Excelsior Energy - request for letter of support from Mayor Novak and Ely City Council pertaining to Mesaba Energy Project ( Mayor to send a letter of support as requested)<BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Frank Invancich, Ely High School, Kids For Voting Project, requested placement on tonight's agenda to talk about Kids Voting. Students Mychal Ivancich and Tom Klun were present informing the City that Kids Voting USA is committed to providing an authentic voting experience to students. Students are being asked to take a trip to the official voting precincts in the Government Services Center and Ely Community Center, to vote on a Kids Voting Minnesota 2008 Ballot, that replicates the adult ballot with many of the same races. Ely High School students will be volunteering their time working as election judges, clerks and marshals at two of Ely's precincts as noted above. Ely students Grades K - 12 are encouraged to accompany their parents to the polls on Tuesday, November 4, 2008. Kids Voting Minnesota Program combines dynamic, hands-on civic activities with an authentic voting experience to help students gain the knowledge, skills, and confidence they need to become active citizens.<BR><BR>Moved by Debeltz supported by Zupec, that authorization be granted for KIDS Voting Project as requested. Carried unanimously.<BR><BR>Nancy Tubbs, Board Chair and Sharee Johnson, Ely Interpretive Center - International Wolf Center, requested placement on tonight's agenda regarding summer results at the Center and Fall/Winter Programming. There are currently three sub species of wolves at the Center; Arctic, Great Plains and Northwestern; six wolves in the main exhibit and one wolf (Lakota, at 15 years old) in retirement. Sharee noted that the staff at the Center continue looking to reach out to the community and are grateful for the Ely Community support. The Center will be hosting a Howl-lo- ween Event from 3:00 P.M. - 5:00 P.M. on Friday, October 31st at the Wolf Center, inviting the public to attend. Renovation is now being done at the Center - the actual exhibit itself has been housed at the Center since 1993, with renovation now needed to the front entrance that accommodated the USFS; a goal of the renovation would be the expansion of space required to rotate exhibits. The Science Museum will be coming back with a grand-reopening scheduled for May 2009. The International Wolf Center is open to the public on Friday and Saturdays during the winter. June admission was lower than expected this year probably due to high gas prices; July had 11,100 visitors; August had 11,354 visitors, with September being significantly lower than expected at 4,600. Mayor Novak thanked Nancy and Sharee for their presentation noting that the International Wolf Center contributes to the Ely economy.<BR><BR>Richard Watson, Ely Noise Ordinance Enforcement, requested placement on tonight's agenda, but will be omitted at this time due to his request to appear at the Tuesday, October 28th Study Session, as noted under Additions or Omissions to tonight's agenda. Matter of information.<BR><BR>Council member Sheddy reported that ELY TV will be re broadcasting the October 20th City Council Forum at the following times: Noon, 5:00 P.M., 9:00 P.M. through Election Day. Matter of information.<BR><BR>Council member Nikkola reported on behalf of the Ely Rehab/Storefront Renovation Committee Meeting of October 15th; Moved by Nikkola supported by Lindroos, that per recommendation of the Committee, individual requesting a subordination agreement to current storefront loan be required to pay off his current storefront loan with the possible refinancing being looked into. Carried unanimously.<BR><BR>Moved by Nikkola supported by Sheddy, that the current Storefront Loan Application be amended to reflect language that if an applicant that currently has an existing storefront loan with the City of Ely is looking to refinance their mortgage, that the City of Ely Storefront Program be paid off with the proceeds of the refinancing, with the City Attorney directed to incorporate this language into the current Storefront Loan Application Form. Carried unanimously.<BR><BR>Moved by Nikkola supported by Zupec, that the Clerk-Treasurer be authorized to manage Rehab/Storefront Funds as deemed necessary. Carried unanimously.<BR><BR>Mayor Novak commented on the Ely Cemetery Committee meeting minutes of October 8th; The Committee had passed a motion that the Ely City Council task the City Attorney to complete the cemetery deed process noting the correct boundaries. Mayor Novak is recommending that at this time the City Attorney and City Operations Director contact the USFS to look at their records and surveys, and further communicate with the Cemetery Committee on this matter. Council members approved recommendation.<BR><BR>Mayor Novak questioned the City Parks and Recreation Board Meeting minutes of September 15th, noting that minutes and actions taken need to have more clarity as to understanding. Council member Debeltz will bring this matter up at the next monthly meeting.<BR><BR>Mayor Novak reported that the EADA Executive Board had met on October 20th, interviewing candidates for the position of Executive Director, and at the Community Joint Powers Board Meeting of October 22nd, a list of final selected candidates will be provided members. Matter of information. <BR><BR>City Attorney Bentz reported that the City of Ely has been notified of a beneficial interest regarding the Korpi Trust, designed for the maintenance of grave sites for that particular family at the Ely Cemetery. The City Attorney's Office has been in contacted with the legal representative of the trust and is awaiting to see what type of restrictions will be required from the family. Attorney Bentz stated that he will have further information for the City sometime in early 2009. Matter of information at this time.<BR><BR>Clerk-Treasurer Terri Boese informed Council members that the City and EUC bills payable lists will be added to both Regular Ely City Council and EUC monthly agendas, in order to pay bills twice monthly. This was a recommendation in the last audit report.<BR><BR>Matter of information.<BR><BR>Communication was received from City Operations Director of Public Works and Utilities, Harold Langowski, notifying the Council that the City continues to have issues with home owners and businesses improving outside of their property lines and into the City controlled right of way. These improvements include: planting of trees, gardens, landscaping, canopies and awnings, etc. These items are a hazard to the public and to the personnel who maintain and plow the streets. He is requesting that the Planning and Zoning Commission consider revising any applicable ordinances concerning the above references items. He is recommending that concerning tree planting, anyone wanting to plant trees outside of their property lines should be required to fill out an application at the Planning and Zoning Administrator's Office, with application to be forwarded to the City Operations Director for review. Many people working in the right of way do not realize that there are buried power lines and other utilities which require a gopher one call, which is State Law. As part of any revisions to the current ordinance, the City should urge people to install any plantings or improvements on their own property, outside of the city right of way. The City should require that trees be planted behind the sidewalk away from sidewalks, curbs, streets and utilities. The Council concurred with recommendation to be referred to the Planning and Zoning Commission for review and consideration.<BR><BR>City Operations Director informed Council members and Ely Utility Commission Members, that the EUC in the daily duties in the water and light department are required to work on live water and electrical lines. During the course of routine maintenance and repairs, areas may need to be interrupted for short periods of time. If the City is aware these outages are going to occur, the EUC places a hang tag on the individual properties which will be affected. This notification will occur as soon as the EUC knows they will experience an outage. They try to ensure a minimum of 24 hours notice. If the anticipated outage is to a large area of Ely or if the EUC believes a large portion will be affected in any way, the EUC will use the local media to notify customers. At a minimum, it will be broadcasted on the local radio station and the public access television channel. If the outage is scheduled far enough in advance, they may also put the notification in local newspapers. If it is an emergency situation, they will contact who they can, prior to the outage and shut the utilities down as soon as possible to limit the risk of property damage or personal injury. If there is an outage and residents are not notified, please contact Harold at 365-2695 or the billing office at 365-5900 to determine the extent of the outage and when it may be returned to service. The EUC has an excellent record for the small amount of outages and the short length of outages, with city personnel dedicated to the job and to ensure that no one is off longer than necessary. He further stated that on October 16th and 17th, the EUC performed substation testing and maintenance on the two substations in Ely, with testing scheduled last week and notices put on both the local radio station and public television warning of possible low voltage and possible outages. Thursday morning, the load was transferred to Substation A and a fuse was overloaded in the 10th Avenue East / Washington Street area. This overloading had caused one phase of power to be lost affecting commercial customers along Sheridan Street and residential customers in the east part of Ely. Power was restored within 30 minutes. The EUC cannot know when a fuse may blow; with the only other option being to schedule and outage for the businesses and residents that were affected during testing. Knowing the financial impact on extended outage for commercial customers, the EUC did everything they could to ensure there would not be an extended outage. Matter of information.<BR><BR>A member of tonight's audience, Shaun Chosa, thanked the City for replacing the sidewalk block on West Chapman Street.<BR><BR>City Operations Director presented the following EUC consent agenda:<BR><BR>Approved the purchase of 2400 If of 1/0 triplex wire from Wesco for $2,414.40;<BR><BR>Approved the purchase of one 15KVA, six 25KVA, eight 37.5 KVA and six 50KVA transformers from B & B Transformer for $12,904.00;<BR><BR>Approved the repair of two mixers at the WWTP for $3,943.78 by Braun Pump;<BR><BR>Approved the Operations Director as the Program Administrator of the Identify Theft Prevention Program;<BR><BR>Approved the purchase of 24 load control receivers for $3,258.90 from Cannon Technologies;<BR><BR>Approved payment of Terry's Operational Service, September Invoice / AWWA Conference Expenses for $1,051.51;<BR><BR>Approved payment of the EUC share of the St. Louis County August Invoice #00002568 for $3,872.08 for monthly operations and maintenance at the Joint Maintenance Facility.<BR><BR>Moved by Zupec supported by Nikkola, that above items be approved and ordered filed. Carried unanimously. Council member Zupec questioned City Operations Director on the work being done near the Chamber building on Highway 1; Operations Manager reported that work was being done on the feeder 6 project to improve service around Miner's Lake. <BR><BR>The following claims for payment were brought before the Council for approval:<BR><BR>St. Louis County Assessor's Department - 2008 Assessment Billing - $49,575.00;<BR><BR>ISD #696, Ely Community Education - request for 2008 funding - $3,724.00;<BR><BR>RLK Kuusisto Engineering - services provided on East Spaulding Phase 3 Platting - $130.00;<BR><BR>Walker, Giroux and Hahne Ltd. - professional services - updating Special Assessments to St. Louis County for collection - $90.00;<BR><BR>US Bank - GO Improvement Refunding Bonds Series 2002 - $880.00;<BR><BR>WSB and Associates Inc. - Supplemental Agreement No. 5, Engineering Services - Runway Safety Area Project - Ely Airport ( Mayor and Clerk-Treasurer authorized to execute - * The Ely City Council and Airport Commission had approved this action prior; this is actual document for signature).<BR><BR>Moved by Debeltz supported by Zupec, that above items B - F be approved for payment. Carried unanimously.<BR><BR>It was the concensus of the Council that Claims for Payment Item A be reviewed by the City Clerk-Treasurer and City Budget Committee, and deferred to the next regular meeting of the Council.<BR><BR>Moved by Zupec supported by Lindroos, that the Council 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 #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 ( SW &#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<BR><BR>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 Sheddy, seconded by Council member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Omerza (1)<BR><BR>Proposed Ordinance #224, Second Series, adopted and given a second and final reading and publication, this 21st day of October 2008.<BR><BR>Mayor Novak had requested that City Christmas Tree at Whiteside Park be placed on tonight's agenda noting that Council member Sheddy and himself had met with Mark VanEvery from the USFS who will be donating the tree. Council member Sheddy reported that it will be a 25 - 30 foot tree, with the public works department to be working with the Chamber of Commerce on this project. Council member Sheddy will also approach the Ely Schools and Greenstone Art Committee to see if there would be interested young people to make memorial ornaments for the tree. Council member Sheddy suggested that an official light could take place on Thanksgiving Eve. He also reported that the public works department will be working at erecting a family skating rink at Whiteside Park also.<BR><BR>Moved by Debeltz supported by Nikkola, that Council member Sheddy be tasked with moving forward on the City Christmas Tree Project at Whiteside Park, along with family skating rink. Carried unanimously. <BR><BR>Mayor Novak also requested that annexation ( where does City go from here) be placed on tonight's agenda. He recapped that the Town of Morse had offered 940 acres, for one clean swoop, then came the demand for property revenue. Town of Morse has refused to share in the development and maintenance of property, and he feels that the City of Ely cannot guarantee that in thirty years, they would not be responsible. With the continued banter back and forth, he feels that the City should abide by the Orderly Annexation Agreement of 1973 between the Town of Morse and City of Ely. Moved by Lindroos supported by Nikkola, that the Council authorize Mayor Novak to send a letter to the Town of Morse on behalf of the City, stating that the City of Ely appreciates the recent offer by the Town of Morse for the annexation for a large portion of land, but there are too many financial uncertainties for the City of Ely at this time, and the City will move forwarded with the orderly annexation agreement of 1973, that is already signed by both parties and in place.<BR><BR>Council member Debeltz commented that he feels the Town of Morse wants to sit down in good faith and discuss this annexation process, which had started at a 60/40 split, reaching a 90/10 split, and he does not wish to spend a lot of city monies paying attorney fees. Council member Nikkola recommended that further discussion take place at the October 28th Ely City Council Study Session. Mayor Novak questioned how the City or Morse Township could argue over an agreement already signed and in place by both parties, and commented that he would like to hear from the Ely tax payers on this matter.<BR><BR>By the City choosing to back up to the annexation agreement already signed, this will remove any contention from the issue. The property being considered for annexation is owned by the City of Ely; the Township cannot hold title to property. Council member Zupec questioned why the City would share revenue with the Town of Morse if paying for annexation issues with Ely residents tax dollars. Council member Debeltz stated that as discussed at a prior meeting, developers could develop this land, with the tax base coming back to the City; perhaps developers could also put in the infrastructure. <BR><BR>Council member Sheddy noted that developers could buy the land from the City of Ely; Council member Lindroos stated that the City of Ely should not be giving tax payer's monies away. Mayor Novak also stated that he did not wish to burden future Councils' financially - current State Statutes addressing annexation stand strong. He feels that developers are waiting out there. Council member Zupec also noted that it would be a wonderful tool to get the electrical system into Ely, with a much cheaper system to be developed. This would be a perfect time to do this.<BR><BR>Carried unanimously. <BR><BR>Council member Debeltz offered the following Ordinance: Proposed Ordinance #225, Second Series, An Ordinance of the City of Ely, Minnesota, Adding To the Ely City Code, Chapter 20, Section 20.2, Authorizing Sale of Real Property to Sjoberg Masonry, LLC.<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 land hereinafter described is no longer needed to serve any public purpose and the disposal of this real property has no relationship to 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, for the price of Eighteen Thousand, Six Hundred Sixty-Seven and 50/100 Dollars ( $18,667.50), and the Mayor and Clerk-Treasurer are hereby authorized to execute all documents and perform all acts necessary for the transfer to John Sjoberg, subject to execution of standard form purchase agreement, subject to Buyer paying normal and customary buyer closing costs, and subject to easements of record, that certain real estate legally described as follows:<BR><BR>That part of the Southwest Quarter of the Northeast Quarter ( SW &#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, described as follows:<BR><BR>Assuming the East Line of said Southwest Quarter of the Northeast Quarter to bear North 01 degrees 50'27" West and from the Southeast Corner of the Southwest Quarter of the Northeast Quarter, being also the Center East Sixteenth Corner, run North 01 degrees 50'27" West along said East Line, a distance of 410.87 feet; thence South 90 degrees 00'00" West, a distance of 33.02 feet to the POINT OF BEGINNING.<BR><BR>Thence continue South 90 degrees 00'00" West, a distance of 104.02 feet;<BR><BR>thence North 00 degrees 00'00" East, a distance of 125.00 feet;<BR><BR>thence North 90 degrees 00'00" East, a distance of 100.00 feet;<BR><BR>thence South 01 degrees 50'27" East, a distance of 125.06 feet to the POINT OF BEGINNING.<BR><BR>Said parcel contains 0.29 acres.<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, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Omerza (1)<BR><BR>Proposed Ordinance #225, Second Series, adopted and given a first reading and publication, this 21st day of October 2008.<BR><BR>Council member Zupec requested placement on tonight's agenda regarding: wood.<BR><BR>While going through his files he came across correspondence on city property managed by Eric Mayranen that was discussed being timbered; he is recommending that a cut be done on all city properties discussed. The City should pursue getting something from this timber rather than nothing at all. Moved by Zupec supported by Debeltz, that the Clerk-Treasurer be directed to investigate this matter further with Eric Mayranen, in reassessing city timber sales. Carried unanimously.<BR><BR>Moved by Nikkola supported by Debeltz, that the meeting adjourn.<BR><BR>Carried unanimously. Adjournment at 7:45 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>ELY ECHO 11/1/2008