Regular Meeting Ely City Council – City Hall, Council Chambers September 21, 2021

Regular Meeting
Ely City Council –
City Hall, Council Chambers
September 21, 2021

1. CALL TO ORDER
The regular meeting of the Ely City Council was called to order by Mayor Skraba at 5:30pm in the Council Chambers.

2. PRESENT: Council members A.Forsman, Kess, Debeltz, Omerza, Campbell, and Mayor Skraba
ABSENT: Council member Callen

3. APPROVAL OF MINUTES:
Debeltz/Campbell moved to approve minutes from the September 7, 2021 Public Hearing, and the September 7, 2021 Regular Council Meeting. Motion Carried 6-0-1 with Callen Absent.

4. ADDITIONS OR OMISSIONS TO AGENDA:
A. Addition 8.A. Budget Meeting
B. Addition 9.D. Updated Inspection Report – September 20, 2021
C. Addition 9.E. Amendment of Mortgage and Note for the Commercial Rehab Loan for Pengals Store, Inc at 137 E Sheridan St to repair the roof with an additional debt of $6000 for the original principal amount of indebtedness has been changed to $11,165.22.
D. Addition 10. B. Correspondence from Senator Klobuchar, Senator Smith, and Representative Stauber to Honorable Pete Buttigieg Secretary of the US Department of Transportation regarding the Ely Airport.
E. Addition 13.F. Professional service agreement with Short Elliot Hendrickson (SEH) for the Prospector ATV Phase 2 EAW which includes wetland delineations.
Omerza/A.Forsman moved to add the additions A-E. Motion Carried 6-0-1 with Callen Absent.

5. MAYOR’S REPORT
Mayor Skraba partook in the ATVAM Rally this last weekend and the VIP ride on Friday with Representative Anne Neu Brindley. Throughout the weekend Mayor Skraba also talked with Representative Stauber, Representative Ecklund, and Senator Bach regarding the projects coming up in Ely and funding that is needed.

6. CONSENT AGENDA:
A. Debeltz/Campbell moved to waive readings in entirety of all ordinances and resolutions on tonight’s agenda. Motion Carried 6-0-1 with Callen Absent.

B. Omerza/A.Forsman moved to approve to have the Truth in Taxation Meeting on December 7, 2021 at 6:30pm in the Council Chambers. Motion Carried 6-0-1 with Callen Absent.

7. REQUESTS TO APPEAR: None

8. COMMITTEE REPORTS:
A. Standing/Special
Planning and Zoning: Minutes included in the Council Packet

Projects Committee:
Debeltz/Omerza moved to approve the recommendations from the Projects Committee to award the hazardous material assessment work for the Zups and Northland Market buildings to Braun Intertec for $5833 for Eagle Wolf Development. Motion Carried 6-0-1 with Callen Absent.

Omerza/Campbell moved to approve the recommendation from Projects Committee to submit a funding application to the IRRR Commercial redevelopment program for Eagle Wolf Development. Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Omerza moved to approve the recommendation from Projects Committee to prioritize Pattison Street from 8th to 10th and 9th Ave from White to James for 2022.
Langowski indicated that this project has been budgeted at approximately $730,000. The Budget committee discussed potentially forgoing a street project for 2022 if the funding comes in short for the WWTF Improvements project.
Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Kess moved to approve the recommendation from Projects Committee to extend the lease for Dorothy Molter Museum another 10 years to 2031. Motion Carried 6-0-1 with Callen Absent.

Langowski discussed the Customs Kiosk down at the Sea Plane Base, reading through the lease the City of Ely will need to provide power, Wi-Fi, parking, and do the property maintenance all at no cost to the federal government. Langowski indicated they are looking into seeing how many visitors utilize this kiosk to determine if the Ely taxpayer expense is justified.

Budget Meeting
A.Forsman/Kess moved to approve the recommendation from the Budget Committee to approve the Maximum 2022 Levy at $1,977,900 which is a 4.52% increase from 2021.
Kess indicated that this would be the maximum amount the actual amount will be certified in December.
Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Omerza moved to approve Resolution 2021-044 Resolution Approving and Adopting Proposed Tax Levy Collectible in 2022. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Yes, Omerza-Yes, Callen-Absent, Campbell – Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Debeltz moved to approve the recommendation from the Budget Committee to approve the purchase of a HVAC Heating System from OJ’s HVAC & Refrigeration, Inc for $7,100 for the Old City Garage. Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Debeltz moved to approve the recommendation from the Budget Committee to approve the request for pricing for a 3000 gallon Jet Refueler truck for approximately $200,000 for the Ely Airport to be funded by Airport Fund Balance.
A.Forsman stated that the fueling truck at the Airport is a 1981 and it is critical to have this equipment and to update this truck.
Kess stated that in the Budget Committee he voted against this because it came up quickly, and it is a significant amount of money, we do have the funds in the Airport Fund Balance for this purchase. Kess indicated after further thought and the need for this equipment over time he will vote in favor of this.
Mayor Skraba indicated he was at the airport several times when the fire activity was happening and it is impressive what planes can do and this is a necessary piece of equipment at the Airport.
Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Kess moved to approve the recommendation from the Budget Committee to approve the sale of equipment from the list of surplus equipment that the city does not use.
Langowski that items from Public Works, the Airport and the Fire Department are going to be put on auction as Surplus Equipment that the city does not use, we will be using Ely Auction Services.
Motion Carried 6-0-1 with Callen Absent

A.Forsman/Kess moved to approve recommendation from the Budget Committee to allow Fire Chief Marshall to pursue the replacement of the 1983 Seagrave Ladder Truck.
Chief Marshall indicated that the officers and he sat down and evaluated the fire department equipment list. Marshall stated that this piece of equipment is coming up on 40 years old and we want to be ready to replace it. Marshall said there are some unique things that are needed for the ladder truck, one is it needs to fit into the fire hall, which can be difficult since in the last 40 years fire trucks have not gotten smaller they have gotten bigger. Marshall indicated that this is the only aerial device in use north of Virginia for the area communities.
Mayor Skraba indicated that this is authorizing Chief Marshall to start looking for a ladder truck not to purchase one yet. One of the problems with the current ladder truck is it is hard to find parts when something does go wrong.
Motion Carried 6-0-1 with Callen Absent.

A.Forsman/Debeltz moved to approve the recommendation from the Budget Committee to approve the recapping of the Loader Tires by Royal Tire for $6,400. Motion Carried 6-0-1 with Callen Absent.

RAMS – Minutes included in the council packet

9. DEPARTMENTAL REPORTS:
A. Clerk-Treasurer
Senate (September 22nd) and House (October 6th) Capital Investment Bonding Tours
Langowski indicated that the Senate will be up tomorrow around 4pm at the Trailhead site to discuss the bonding money for the Wastewater Treatment Facility and the trailhead project. On October 6th the House is going to be at VCC for the bonding tour, this is going to be a smaller group and it will be just the Mayor and Langowski presenting to the house.
Langowski also reminded everyone the Marathon is this weekend and to be patient with the road closures that will be happening on Friday and Saturday.

B. Fire Chief
i. Fire Department Meeting Minutes
Chief Marshall indicated that they have wrapped up the Greenwood fire and they had 420 personal hours on the fire and we will be receiving $31,422.75 from the Forest Service for Ely’s time and equipment we had on the fire.
Chief Marshall stated that the September 11th Somber Procession was well received and a moving experience, there were 22 EMS vehicles that participated of which 10 were Ely’s. On September 18th they had the Public Safety Night which had a good turnout, thanks to EMS Officer Kristen Zobitz for all the hard work and hours that were put into the planning of the event.

ii. Debeltz/Campbell moved to hire Louis Gerzin, IV and Michael Smith as probationary firefighters, both have been interviewed and gone through their testing, pending background check. Motion Carried 6-0-1 with Callen Absent.

C. Library Director
Library Director Heinrich stated that the new hours for the Library will be 9am-6:30pm Monday – Friday, to try to give the working folks time to come to the library.
Library Director Heinrich discussed the programing and announcements regarding the library which can be found on the Library website.

D. Police Chief
i. Notice Of Maintenance of Private Property Ely City Code 10.22 and/or Sec 10.42 Junk Cars, Household Furnishings and Appliances Stored on Private Property : Parcel Number: 030-0200-02311 – 1061 E Madison St – Greg Mac Cullum, Kyle Joseph and Lisa Marie Mac Cullum - Updated Inspection Report – September 20, 2021
Building Official Doug Whitney indicated that Chief Houde and he have been working with the property owner to get the yard cleaned up at 1061 E Madison St for most of the summer. The yard has a bunch of furniture, household goods and other stuff in the front and back yard; both Chief Houde and Whitney have received multiple complaint calls on this property. Whitney said that he has sent out letters and so has the police department to the property owner and they served them officially and gave them until August 20th to get the property cleaned up. Whitney’s latest inspection report from yesterday, September 20th shows that there are still household goods in the front, back and side yards, there is a dishwasher in the front yard and one in the back yard, a salon chair in the backyard amongst other items.
Kess asked if the property is currently occupied. Whitney stated that it is occupied, the property owner doesn’t live there, but the property owner’s son lives there. Whitney said they have notified both the property owner and the occupant.
Attorney Klun asked Whitney if they had been served more than 15 days ago. Whitney indicated that it was. Klun asked if there had been any changes to the property, Whitney stated that some stuff was removed and new stuff was brought in. Attorney Klun told the council that when the Building Official comes forward with non-compliance on an issue the Council’s next step would be to initiate the hearing process if they choose to do so. In order to do this we need to do a proposed order and notice of hearing to the individual letting them know that the council is going to issue an order that they need to remedy these items and if the property owner does not remedy these items we will come in and clean up the property and assess the costs to the property. Attorney Klun asked Whitney if he was encouraging the council to move forward with the hearing process, Whitney said he is. Klun stated that with timing it would be good to set the hearing for October 19th before the council meeting which would give us enough time to give them notice and post the hearing. If they remedy prior to the hearing that is great, but if they don’t we will have a hearing set and they have the opportunity to tell the council their plan, or if they don’t have a plan for clean-up we would move forward with the process.
Omerza/A.Forsman moved to schedule a hearing for the maintenance of private property for 1061 E Madison St, Parcel ID Number 030-0200-02311 on October 19, 2021 at 5pm.
A.Forsman asked if there had been any correspondence back from the owner or occupant when Whitney sent them the notices. Whitney indicated that we have not received anything in writing from them, Whitney stated that both Chief Houde and himself have talked to the occupant and owner. The issue is they will get rid of some stuff, but then bring more back in, they put it right along the boulevard and put tarps over it and the neighborhood is getting tired of having to look at it.
Mayor Skraba stated that this is the process, we have to be fair and that is why we have this process.
Motion Carried 6-0-1 with Callen Absent.

E. City Attorney
i. Omerza/Campbell moved to approve the Mortgage Satisfaction for 302 Sheridan, LLC for the Commercial Rehab Loan recorded on September 26, 2019 as Document No. 01364236. Motion Carried 6-0-1 with Callen Absent.

ii. Debeltz/A.Forsman moved to approve the Mortgage Satisfaction for Sarah L Burger for the Commercial Rehab Loan recorded on October 4, 2019 as Document No. 01364809. Motion Carried 6-0-1 with Callen Absent.

iii. A.Forsman/Campbell moved to approve the Amendment of Mortgage and Note for the Commercial Rehab Loan for Pengals Store, Inc at 137 E Sheridan St to repair the roof with an additional debt of $6000 for the original principal amount of indebtedness has been changed to $11,165.22. Motion Carried 6-0-1 with Callen Absent.

F. City Engineer

10. COMMUNICATIONS: Matter of Information
A. Correspondence from the Ely Health & Hospital Foundation Board of Directors and the staff of Ely Bloomenson Community Hospital regarding notice of their Annual Member Meeting on Monday, December 6, 2021 at the Grand Ely Lodge.
B. Correspondence from Senator Klobuchar, Senator Smith, and Representative Stauber to Honorable Pete Buttigieg Secretary of the US Department of Transportation regarding the Ely Airport.

11. CLAIMS FOR PAYMENT:
A. City and EUC claims for September 21, 2021 – $352,796.24
B. Ely Community Resource 4th Quarter Payment of $5125
C. Invoice #1209 to Kay-Linn for $3500 for the Hidden Valley Mt Bike Trails
D. Pathfinder Trail Building, LLC Invoice #0011 for the Hidden Valley Mt Bike Trails for $28,988.55
E. Pathfinder Trail Building, LLC Invoice #0012 for the Hidden Valley Mt Bike Trails for $100,661.60
F. League of Minnesota Cities 2021 Membership dues for $3771.00 - Invoice #347668.
G. Minnesota Mayors Association 2021 Membership Dues for $30
Omerza/Campbell moved to approve the Claims for Payment A-G. Motion Carried 6-0-1 with Callen Absent.

12. OLD BUSINESS:
A. A.Forsman/Debeltz moved to approve 1st Reading of Ordinance No. 347 2nd Series An Ordinance of the City of Ely, Minnesota, Amending Ely City Code, Chapter 8, Section 8.09, Regulating the Use of ATVs.
Langowski stated that Off Highway Motorcycles (OHM) are being added to the ATV ordinance and updated to include certain streets they are allowed on.
Attorney Klun stated that if an individual was on an OHM and they wanted to go through town they could not go through town without pushing it unless we establish a trail corridor.
A.Forsman indicated that the state ATV trails allow OHMs so we wanted to be consistent with the state so as they reach the city limits from the trails, we have designated routes they are allowed on certain streets.
Attorney Klun stated that the DNR has a really good guide for ATV and OHM laws.
A.Forsman said that Councilmember Callen and he were on the committee to discuss these changes, OHMs are not allowed on all city streets, but ATVs are allowed on all streets except Sheridan St.
Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Yes, Omerza-Yes, Callen-Absent, Campbell – Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Callen Absent.

13. NEW BUSINESS:
A. Campbell/Omerza moved to approve Resolution 2021-042 Resolution Approving State of Minnesota Joint Powers Agreements with the City of Ely on Behalf of its City Attorney and Police Department. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Yes, Omerza-Yes, Callen-Absent, Campbell – Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Callen Absent.

B. Omerza/Debeltz moved to approve the Hidden Valley Mt Bike Trails Grant Agreement for $50,000 through the IRRR, PO ID 3000008631.
A.Forsman indicated this is a private/public partnership with the Ely Nordic Ski and Bike Club at Hidden Valley; they are raising funds for the match to this grant. Forsman encouraged everyone to try to donate to these trails; they are a great asset to Ely.
Langowski said that the club has raised $35,000 so far.
Motion Carried 6-0-1 with Callen Absent.

C. Debeltz/Campbell moved to approve the Prospector Loop Beaver River Bridge Grant Agreement for $1,100,000 through the IRRR, PO ID 3000008617.
Mayor Skraba stated that the City of Ely is acting as the fiscal agent for this group and that this project is out for bids right now.
Langowski indicated that the club is also matching funds for this grant.
A.Forsman thanked staff for working on these grants to get these trails in and around the Ely area.
Motion Carried 6-0-1 with Callen Absent.

D. Campbell/Omerza moved to approve Resolution 2021-043 Resolution Authorizing City of Ely to Make Application to and Accept Funds from FY22 Commercial Redevelopment Grant Program. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Yes, Omerza-Yes, Callen-Absent, Campbell – Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Callen Absent.

E. Campbell/Kess moved to approve Tobacco Licenses for Zups Food Market and Liquor Store at 1500 E Sheridan St and Ely Liquor at 1406 E Sheridan St. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Yes, Omerza-Yes, Callen-Absent, Campbell – Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Callen Absent.

F. Debeltz/Omerza moved to approve the professional service agreement with Short Elliot Hendrickson (SEH) for the Prospector Phase 2 EAW which includes wetland delineations. Motion Carried 6-0-1 with Callen Absent.

14. OPEN FORUM: None

15. ADJOURN
A.Forsman/Omerza moved to adjourn the meeting at 6:36pm. Motion Carried 6-0-1 with Callen Absent.

Casey Velcheff
Deputy Clerk

Ely Echo October 9, 2021