Legals Notices for April 22, 2023

Public Hearing Agenda April 4, 2023 5:00pm City Hall, Council Chambers Call To Order: Mayor Omerza called the public hearing to order at 5:01pm Present: Council members A.Forsman, Kess, Debeltz, Callen, Campbell, Bisbee and Mayor Omerza Purpose: Ely City Council will hold a public hearing to hear public comment regarding, Ordinance 367, regarding Edible Cannabinoid Products Dealer licensing in Ely. Three letters were received that were against the passing of Ordinance 367 and were noted for the record. Letters were received from Theresa Thompson, Larry & Patti Wellvang, and Jessica & Kevin Dunn. Mayor Omerza asked several times if anyone would like to speak regarding the Ordinance. No one came forward. Adjourn Mayor Omerza adjourned the meeting at 5:04pm 1001-235559 Ely Echo April 22, 2023 | ORDINANCE NO. 369, 2nd Series AN ORDINANCE OF THE CITY OF ELY, MINNESOTA, REVISING THE ELY CITY CODE CHAPTER 9, SECTION 9.99 VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN: SECTION 1. Chapter 9, Section 9.99 of the Ely City Code is amended to read as follows: SEC. 9.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subd. 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor; where he stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding twelve (12) month period for the third or subsequent time, he shall be punished as for a misdemeanor. Subd. 2. As to any violation not constituting a misdemeanor under the provisions of Subdivision 1 hereof, he shall be punished as for a petty misdemeanor. A. Provided, however, that the maximum penalties for the following violations shall be wset annually by Council resolution. 1. Two (2) hour parking; 2. Parked against traffic; 3. Parked in an alley; 4. Parked unattended for over 24 hours; 5. No parking between 2:00 a.m. and 6:00 a.m.; 6. Calendar parking; 7. Parked on a sidewalk; 8. Double parked; 9. Parked in a prohibited zone (other than fire hydrant); 10. Parked too close to the intersection; 11. Obstructing a street or a driveway. B. Provided, further, that the penalty for parking within ten (10) feet of a fire hydrant, or within any zone marked as a Fire Hydrant Zone, shall be set annually by Council resolution. 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. First Reading: April 18, 2023 Second Reading: Publication Dates: April 22, 2023 Newspaper: Ely Echo Ely Echo April 22, 2023 | Public Hearing Agenda April 4, 2023 5:00pm City Hall, Council Chambers Call To Order: Mayor Omerza called the public hearing to order at 5:01pm Present: Council members A.Forsman, Kess, Debeltz, Callen, Campbell, Bisbee and Mayor Omerza Purpose: Ely City Council will hold a public hearing to hear public comment regarding, Ordinance 367, regarding Edible Cannabinoid Products Dealer licensing in Ely. Three letters were received that were against the passing of Ordinance 367 and were noted for the record. Letters were received from Theresa Thompson, Larry & Patti Wellvang, and Jessica & Kevin Dunn. Mayor Omerza asked several times if anyone would like to speak regarding the Ordinance. No one came forward. Adjourn Mayor Omerza adjourned the meeting at 5:04pm Ely Echo April 22, 2023 | Council Minutes-April 4th 2023 Regular Meeting Ely City Council – City Hall, Council Chambers CALL TO ORDER The regular meeting of the Ely City Council was called to order by Mayor Omerza at 5:30pm in the Council Chambers Present: Council members A.Forsman, Kess, Debeltz, Callen, Campbell, Bisbee, and Mayor Omerza Absent: None APPROVAL OF MINUTES: Debeltz/Callen moved to approve minutes from the March 21st, 2023 Regular Council Meeting. Motion Carried Unanimously ADDITIONS OR OMISSIONS TO AGENDA: A. Addition 9 A. I Change Order #8 from Rice Lake Construction B. Addition 13 D Joint Powers Ambulance Meeting C. Addition 13 E Design Proposal for Ely Area Mountain Bike Trail Expansion from Dirt Candy Designs Callen/Kess moved to approve additions A-C. Motion Carried Unanimously MAYOR’S REPORT: Proclamation for April being Sexual Assault Awareness Month Mayor Omerza gave the council a recap of her recent trip to Washington DC with the Ely High School Seniors. CONSENT AGENDA: A. Motion to waive readings in entirety of all ordinances and resolutions on tonight’s agenda. Bisbee/Debeltz moved to approve consent agenda item A. Motion Carried Unanimously REQUESTS TO APPEAR: None COMMITTEE REPORTS: Standing/Special Ely Utilities Commission Forsman/Callen moved to approve the recommendation from EUC to approve the purchase of heaters for the Water Treatment Plant from JAMAR for $1525. Motion Carried Unanimously Forsman/Callen moved to approve the recommendation from EUC to purchase an effluent sampler from HACH for $10,273 for the Waste Water Treatment Facility (WWTF). Motion Carried Unanimously. Forsman/Debeltz moved to approve the Recommendation from EUC to approve $671,198.72 payment of the February EUC Bills. Motion Carried Unanimously. Forsman/Bisbee moved to approve the recommendation from EUC to approve payment of $75.00 to Anthony Gornik for installation of LCR Units. Motion Carried Unanimously. Range Association of Municipalities and Schools (RAMS)-Minutes included in Packet. DEPARTMENTAL REPORTS: Clerk-Treasurer Debeltz/Callen moved to approve the Rice Lake Construction Change Order # 8. Motion Carried Unanimously. Fire Chief Fire Chief Marshall gave an update on some recent calls they had, 11 medical calls and no fire calls. Members went through annual physicals and all were completed. Library Director Library Director Heinrich discussed the current programming at the Library which can be found on the Library website. Police Chief Reminded everyone calendar parking is still in effect until May 31st or until Council lifts it. City Attorney Attorney Klun stated that there are some revisions from the first reading of Ordinance 367 to add theater in terms of allowing on sale and some language relative to off sale edible requirements and the term for the licensing to correspond with the liquor licensing which is Sept. 1st to August 31st annually. Campbell/Bisbee moved to approve the 2nd Reading of Ordinance 367. An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 6, Section 6.40, Entitled Edible Cannabinoid Product Dealers. A Forsman: stated that over the last two weeks he has spoken to 2 dozen people regarding this ordinance and not one person stated they supported allowing on sale. He stated concerns with risk to the community and unintended consequences with on sale. There are many jobs out there that you cannot do if this if it is in your blood. The potential for a dirty blood test that your job prohibits could result in serious consequences. A Forsman/Callen moved to amend the ordinance to exclude on sale. Kess- stated we should treat this as we do alcohol and have on and off sale, it seems to make sense to what we do and it is the responsibility of the individual user. Kess indicated is against the amendment. Callen- has given this a lot of thought and has looked at all views and spoken to law enforcement, he would now just do off sale for the first year and re visit after the first year. Bisbee- there are a couple of business that are pursing on sale right now. THC and CBD are two different products. It is true, depending who you are getting your products from the amount of THC is different. Reading through the DOT recommendations, they recommend that their employees take precaution and that the decision falls on the consumer. It may be prudent to consider some stipulation when serving a CBD beverage to make it known through signage that they are serving those beverages, so consumers may know what is in their beverage. Debeltz- asked if most bosses look badly on people who are told to take this stuff for medical purposes. Are employers getting rid of people because they are on this stuff? Omerza- Clarified that if you have a commercial driver’s license, and you get drug tested, and there are certain chemicals in your body and if it is over a certain amount you could lose your commercial driver’s license. A Forsman- also wanted to clarify that it is an edible cannabinoid license ordinance it is not a CBD ordinance, and this gets back to the definition. Edibles contain THC with is derived from marijuana or hemp products and you end up with the same products with the same effect. There are CBD products out there that don’t contain any THC and this is not what were are talking about licensing Omerza- stated we are talking about cannabinoid derived from hemp Bisbee- stated that there are trace elements of THC in cannabinoid products. There are different types of cannabinoid products. If someone were to consume a pint of a THC beverage it would likely leave their system before they are tested. Bisbee would like to reiterate proper signage stating that these products may contain traceable levels of THC. Omerza- we have three businesses that are requesting on sale and I am of the opinion when you are requesting something you need to know what you are requesting and agree with the signage. Businesses need to be responsible and we need to make sure they are responsible. This is already legal in the state. It is not new to Ely, and it is already in Ely. We are voting on the amendment on taking out the on sale. Motion failed 2-5 with A.Forsman and Callen voting Yes Bisbee/Campbell moved to accept Ordinance 367 with the addition of signage requirements for on sale. Kess-since these are restaurants this could go on menus and we can give them a timeline or some forgiveness to adjust to these requirements Attorney Klun- It would be best to delay this; the code and charter require that ordinances be in writing and whole. If we make this change we will need to publish the ordinance again and bring it back at the next council meeting. Kess- we can go back to original language Bisbee/Campbell withdrew the motion Attorney Klun- The motion on the table is to approve Ordinance 367 as presented Campbell/Bisbee moved to approve the 2nd Reading of Ordinance 367. An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 6, Section 6.40, Entitled Edible Cannabinoid Product Dealers. Roll Called- A.Forsman-no, Kess- yes, Debeltz-yes, Callen-no, Campbell-yes, Bisbee-yes, Mayor Omerza-yes. Motion carries 5-2 Callen/Debeltz moved to approve the Purchase Agreement for East Spaulding Lot Block 2, Lot 15 for $12,000 to Sheryl and John Swenson. Motion Carried Unanimously Forsman/Bisbee moved to approve the 1st Reading Ordinance 368 An Ordinance of the City of Ely, Minnesota, Amending the Ely City Code, Chapter 20, Section 20.2.33, Sale of Land Located in the East Spaulding Plat. Roll Called: A.Forsman-yes, Kess- yes, Debeltz-yes, Callen-yes, Campbell-yes, Bisbee-yes, Mayor Omerza-yes. Motion Carried Unanimously Debeltz/Campbell moved to schedule a Public Hearing Regarding Ordinance 368 for April 18th, 2023 at 5:15pm in the Council Chambers at Ely City Hall. Motion Carried Unanimously City Engineer COMMUNICATIONS: Correspondence from the Arbor Day Foundation congratulating Ely on earning recognition as a 2022 Tree City USA- Matter of Information IRRR Board Meeting Recap – Matter of Information Minnesota Council of Airports – Ely Municipal Airport: Construct Partial Parallel Taxiway A and Connector Taxiway A2 selected as the Minnesota Council of Airports’ Key Intermediate General Aviation Airport Project of the Year 2022- Matter of Information Thank You from Highway 169 North Task Force- Matter of Information CLAIMS FOR PAYMENT A. City and EUC claims for April 4, 2023 for $164,035.38 B. Ely Community Resource 2nd Quarter Payment of $5125.00 C. Ely Waste Water Treatment Facility (WWTF) Improvements Project Pay Estimate #12 for $352,079.69 to Rice Lake Construction Group D. Invoice 6940 for Coil’s Flags, Flagpoles, Embroidery for $7,462.47 Debeltz/Campbell moved to approve City and EUC Claims for payment items A-D. Motion Carried Unanimously OLD BUSINESS: Committee Seat Applications Telecommunications Advisory Board (TAB) (1 Seat Open – Term Expiring 1/31/2025) Debeltz/Callen moved to approve appointing Sean Clark subscriber resident to the TAB Board. Motion Carried Unanimously NEW BUSINESS: Callen/Campbell moved to accept the Amendment to Listing Contract for Keller Williams Realty – Realtor Jim Burke for Lot 1 and 7-11, Block 1 East Spaulding Addition extension through April 21, 2024. Motion Carried Unanimously Kess/Campbell moved to Reject the Trailhead Site Bids from May 12, 2021. Motion Carried Unanimously Debeltz/Bisbee moved to approve Resolution 2023-008 Resolution Authorization City of Ely to Make Application to and Accept Funds from IRRR FY23 Regional Trails Grant Program- Roll Called: Forsman-yes, Kess-yes, Debeltz-yes, Callen-yes, Campbell-yes, Bisbee-yes, Mayor Omerza-yes. Motion Carried Unanimously Debeltz/Campbell moved to approve a Special Council meeting/Joint Powers Meeting Thursday, April 13th, 2023 at 4:00pm at the Winton Community Center. Motion Carried Unanimously Bisbee/Debeltz moved to approve the Design Proposal for Ely Area Mountain Bike Trail Expansion from Dirt Candy Designs. Motion Carried Unanimously OPEN FORUM: None ADJOURN: Mayor Omerza adjourned the meeting without objection at 6:25pm Katie Richards Account Clerk Ely Echo April 22, 2023 | OFFICE OF THE MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME Minnesota Statutes Chapter 333 The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable customers to be able to identify the true owner of a business. ASSUMED NAME: Savanna Portage Restaurant and Bar PRINCIPAL PLACE OF BUSINESS: 102 East Hwy 2, Floodwood MN 55736 USA NAMEHOLDER(S); J2 of MN, INc., 102 East Hwy 2, Floodwood MN 55736 USA By typing my name, I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. SIGNED BY: Kari Meemken MAILING ADDRESS: None provided. EMAIL FOR OFFICIAL NOTICES: jatkolahome@gmail.com | Notice of Meeting Ely Public Schools Safety Committee Meeting Monday, April 24th, 2023 at 3:00 p.m. District/High School Office Conference Room New building 600 E. Harvey St. Purpose: Quarterly Meeting Ely Echo April 22, 2023 | SUMMER LABORERS NEEDED The City of Ely is looking for part-time summer general laborer to work from May – Early September. Applicant’s must be at least 16 years of age and have a valid driver’s license. If interested, please pick up an employment application at the Clerk-Treasurer’s Office, 209 E Chapman Street, Ely, MN 5573 or online at www.ely.mn.us. Applications will be accepted until May 5, 2021 by 4:30pm. Questions, please call 218-235-3083. Harold R Langowski Clerk/Treasurer Ely Echo April 8, 2023 April 15, 2023 April 22, 2023 | IMPORTANT INFORMATION REGARDING PROPERTY ASSESSMENTS THIS MAY AFFECT YOUR 2024 PROPERTY TAXES. The Board of Appeal and Equalization for the City of Ely, MN will meet on May 11, 2023 from 5:00pm-6:00pm in the Council Chambers at City Hall, 209 E Chapman St. The purpose of this meeting is to determine whether taxable property in the jurisdiction has been properly valued and classified by the assessor, and also to determine whether corrections need to be made. If you believe the value or classification of your property is incorrect, please contact your assessor’s office to discuss your concerns. If you are still not satisfied with the valuation or classification after discussing it with your assessor, you may appear before the local Board of Appeal and Equalization. The board shall review the valuation, classification, or both if necessary, and shall correct it as needed. Generally, an appearance before your local board of appeal and equalization is required by law before an appeal can be taken to your county board of appeal and equalization. Harold R Langowski Clerk/Treasurer Ely Echo April 22, 2023 April 29, 2023 May 6, 2023