March 11, 2023 Legals
BOARDS AND COMMITTEE OPENINGS
The City of Ely is calling for interested applicants to fill the following vacancies on the
Police Commission
1- 3 year terms
*resident or non-resident
Telecommunications Advisory Board
1- two year term
*Midco subscriber/resident
Tree Board
1- three year terms
*resident or non-resident
For more information on the committees go to https://www.ely.mn.us/boards If you are interested in serving on a committee please remit a letter of interest or fill out the “Application to serve on city commission” and remit to the Ely City Clerk’s Office, 209 E. Chapman Street, Ely, MN or email deputyclerk@ely.mn.us by March 16, 2023 at 4:30pm. Questions, please contact the Clerk-Treasurer’s Office at 218-365-3224.
Casey Velcheff
Deputy Clerk
Ely Echo
March 11, 2023
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DOCUMENT 00 11 11
NOTICE OF CALL FOR BIDS
Project Location: Ely Municipal Airport
Project Name: 2023 Taxilane Reconstruction
FAA AIP No. 3-27-0027-26-23
SP No. A6920-55
TKDA Project No. 20457
Bids Close At: 2:00pm on April 12, 2023
NOTICE TO CONTRACTORS
Electronic Bid Submission for the project listed above will be received by the City of Ely, a public corporation, via QuestCDN https://questcdn.com/ until the official time and date as displayed in QuestCDN Online.
This project provides for the reconstruction of an existing hangar area taxilane. The project includes the removal and reconstruction of an asphalt taxilane. Major items of work for the project include pavement removals, excavation and backfill, well modifications, septic system replacement, erosion control, underdrain construction, asphalt taxilane pavement, and turf establishment.
Approximate quantities of major items of work are as follows:
Mobilization 1 LS
Traffic Provisions 1 LS
Asphalt Pavement Removals 1,200 SY
Common and Subgrade Excavation 1,500 CY
Granular Embankment 700 CY
Rock Excavation 200 CY
6” PVC Subdrain 375 LF
4” Asphalt Paving 350 TN
6” Aggregate Base 1,500 SY
Turf Establishment 1 LS
Bids shall be submitted using QuestCDN. No other alternate formats will be accepted. Proposal information is available via e-mail request at this address: matthew.gustafson@tkda.com
Consistent with Minnesota Statute, Section 473.144, City of Ely may not accept a bid or proposal for a contract or execute a contract in excess of $100,000 with any business unless said business is in compliance with certain requirements concerning affirmative action plans. Evidence of compliance must be submitted within two (2) City business day following opening of bids. Bids will be considered non-responsive if the compliance requirements are not met. Compliance requirements are outlined in the project specification.
NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1. The bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Specifications” set forth herein.
2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregate workforce in each trade on all construction work in the covered area are as follows:
GOALS FOR MINORITY PARTICIPATION IN EACH TRADE
State Requirements: 12.0%
GOALS FOR FEMALE PARTICIPATION IN EACH TRADE
State Requirements: 9.0%
These goals are applicable to all contractors’ construction work performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed.
The contractor’s compliance with the executive order and the regulations in 41 CFR Part 60-4 and Minnesota Statutes Section 473.144 and Minnesota Rules, Part 5000.3520 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a) and Minnesota Rules, Part 5000.3540, and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the executive order, the regulations in 41 CFR Part 60-4, Minnesota Statutes Section 473.144 and Minnesota Rules, Part 5000.3520. Compliance with the goals will be measured against the total work hours performed.
3. The contractor shall provide written notification to the Director, OFCCP, and the Compliance Division of the Minnesota Department of Human Rights, within ten (10) working days of award of any construction subcontract (in excess of $10,000 for OFCCP reporting) at any tier for construction work under the contract resulting from the solicitation. The notification must list the name, address and telephone number of the subcontractor, employer identification number, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
4. As used in this notice, and in the contract resulting from this solicitation, the “covered area” is St. Louis County.
AVAILABILITY OF CONSTRUCTION DOCUMENTS
Digital copies of the drawings and specifications are available at www.questcdn.com. Documents may be downloaded for a non-refundable fee of $22.00 by entering Quest Project No. 8407437 on the Project Search page. Please contact QuestCDN at (952) 233-1632 or info@questcdn.com for assistance and free membership registration. Hard copy drawings and specifications will not be made available to Bidders.
Hard copy drawings and specifications will not be made available to Bidders.
For this project, bids will ONLY be received electronically. Contractors submitting an electronic bid will be charged an additional $42.00, or other fee as determined by QuestCDN, at the time of bid submission via the online electronic bid service QuestCDN Online.
Dated at City of Ely, Minnesota, the 7th day of March, 2023.
By: Harold Langowski, City Clerk/Treasurer.
Publication:
Ely Echo: March 11, 2023 and March 18, 2023
Quest CDN: March 10, 2023
END OF DOCUMENT
Ely Echo March 11, 2023
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Council Minutes -
February 21, 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 5:33pm in the Council Chambers
PRESENT: Council members A.Forsman, Debeltz, Callen, Campbell, Bisbee, and Mayor Omerza
ABSENT: Council member Kess
APPROVAL OF MINUTES:
Debeltz/Bisbee moved to approve minutes from the February 7, 2023 Regular Council Meeting and Public Hearing. Motion Carried 6-0-1 with Kess Absent.
ADDITIONS OR OMISSIONS TO AGENDA:
Debeltz/Campbell moved to Omit 7.A – Request to Appear - Rae Bentz – Update on 105 W Conan Rental. Motion Carried 6-0-1 with Kess Absent Bentz called the Clerk’s Officer before the meeting indicating he would like to be taken off the agenda.
MAYOR’S REPORT:
State Nordic Ski Champion – Zoe Devine
Mayor Omerza presented Zoe Devine a Key to the City for her State Nordic Ski Championship at Giants Ridge on February 21, 2023.
CONSENT AGENDA:
A. Motion to waive readings in entirety of all ordinances and resolutions on tonight’s agenda.
B. Approve Council and Staff to attend the League of Minnesota Cities Annual Conference June 21-23, 2023 in Duluth, MN.
C. Approve Council and Staff to attend the League of Minnesota Cities Safety and Loss Control Workshops
A.Forsman/Campbell moved to approve the Consent Agenda items A-C. Motion Carried 6-0-1 with Kess Absent
REQUESTS TO APPEAR:
Omitted - Rae Bentz – Update on 105 W Conan Rental
COMMITTEE REPORTS:
Standing/Special
Budget Meeting
A.Forsman/Bisbee moved to approve the Fee Schedule recommendation from Budget Committee to increase the Short Term Rental License from $100 to $400 per year.
A.Forsman asked what the reasoning for this is. Langowski stated that Kess voiced his opinion of having the short term rental fee higher than long term rental. Langowski indicated that we do have a couple other fees that we are going to work on at the next budget meeting so this could go back to budget if needed to have more discussion.
A.Forsman stated that the fee should be considered as to how much work and time staff has to do to put together and issue the license.
Motion Failed 0-6-1 with Kess Absent
A.Forsman/Debeltz moved to bring the short term rental license fee back to budget for further review. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Callen moved to approve Fee Schedule recommendation from Budget Committee to change the fee schedule as presented for Civil Enforcement Fees, Labor Charges and Equipment w/ Operator Fees. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Callen moved to approve the recommendation from Budget Committee to purchase an upgrade from Caselle Clarity to Caselle Connect with the optional module of miBudget an option purchase for up to $17,850.
Langowski indicated that this is the City’s Accounting Software and we need to upgrade the system.
A.Forsman asked about in the minutes it stated that there is a no fee upgrade for 3 years, is that included. Langowski indicated that he believes so.
Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Debeltz moved to approve the recommendation from Budget Committee to approve the purchase of a Police Department Dell Computer from Voltz for $1,599.97. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Bisbee moved to approve the recommendation from Budget Committee to approve the Authorization of Professional Services Contract with TKDA for $81,700 for the Ely Trailhead Building. Motion Carried 6-0-1 with Kess Absent.
Projects Meeting: Minutes included in the Council Packet
Tree Board
Bisbee/Debeltz moved to approve the recommendation from Tree Board to approve Cody Perkins maple tree tapping request according to his proposed equipment and location in his letter with the written policy being met. Motion Carried 6-0-1 with Kess Absent.
Housing & Redevelopment Authority: Minutes included in the Council Packet
Langowski indicated that Executive Director Hiller sent out a survey to the waiting list of people that are waiting for the townhouse units of what they could pay for rent to get an idea for the new Market Rate Housing that is being looked at.
Range Association of Municipalities & Schools (RAMS): Minutes included in the Council Packet
Other Committee Reports
Omerza indicated that the Ambulance Joint Powers is meeting next Tuesday at 4pm, suggested posting it as a Special Council meeting so all Council Members can attend
A.Forsman/Campbell moved to make the Ambulance Joint Powers meeting on February 28, 2023 at 4pm a Special Council Meeting at the Winton Community Center. Motion Carried 6-0-1 with Kess Absent.
A.Forsman indicated there will be a Sanitation Meeting tomorrow at 4pm to discuss the Residential Waste Contract.
DEPARTMENTAL REPORTS:
Clerk-Treasurer
312 E Chapman St Sewer Exemption
Langowski indicated that the buyers have lived at the property since the sale in 2015 and the current owner is the mother of one of the buyers.
Debeltz/A.Forsman moved to approve the 312 E Chapman St Sewer Exemption with the letter indicating to have the sump pump, foundation and roof drains checked to make sure they are not directed into the sanitary sewer. The City will need a complete Sewer Inspection the next time the property sells. The basis for the exemption is co-tenancy.
Callen asked if they are able to televise the sewer line. Langowski indicated that they have not had it televised to see the condition of the line, that is why they are asking for the exemption.
A.Forsman asked if the sump pump, foundation and roof drains have been checked if they are connected to the sanitary sewer line.
Langowski indicated that we can put that in the letter to the property owner to get checked before the sale. We have had inspections in this area; some have been good and some bad.
A.Forsman stated he is willing to approve if we can check where the obvious drains and sump pump are being directed.
Bisbee indicated that maybe it would be good to review this ordinance and look at the exceptions that we have had to deal with.
Langowski indicated that this one is different since the other two exceptions that were given had hardships and the sewer line could not be scoped.
Bisbee indicated that he examined the ordinance and the state statutes that provide the exemption for this request. Co-ownership was an exception.
Attorney Klun indicated that family ownership happens all the time, we need to make sure that co-tenancy is put as part of the letter.
Mayor Omerza stated that we will put in the letter to have the sump pump, foundation and roof drains checked to make sure they are not directed into the Sanitary Sewer. We will need an inspection when the house changes ownership again and that the basis for the exemption is co-tenancy.
Motion Carried 6-0-1 with Kess Absent.
Callen/Campbell moved to approve the 2023 Taxi lane Reconstruction Design and Construction Phase Services from TKDA. Motion Carried 6-0-1 with Kess Absent.
Fire Chief:
Chief Marshall discussed the recent calls for the fire department.
Chief Marshall stated that the Ely Fire Department has a standard operating guideline (13.023) that defines what a member of good standing is. There are 3 things that define it, a member of good standing must make 9 of 12 regular meetings in a year, must make 3 maintenance nights in a year, and make 30% of the calls in a year. Since Covid the 9 meetings and the 3 maintenance nights have been combined and we have tracked it to come to a total of 12 trainings or meetings a year. Another thing that has changed is our training nights are separate from our meeting and maintenance night. So the SOG doesn’t work as well as it is written any longer. The officers recommended to the membership at the beginning of this month that the number be increased from 12 meetings and trainings a year to 16 meetings and trainings a year. Part of the officers rational for this is that under the current standard a member in good standing could remain a member in good standing if they just made 12 meetings and maintenance nights and didn’t go to a single training in a year, and that didn’t feel right to people. Under the new standard you would not be a member in good standing if you skipped all the training nights in a year. The membership voted on it and it was a unanimous decision of what it means to be a member in good standing for the Ely Fire Department. How many people would that impact? If we looked at last year’s numbers it would have an impact on 8 fire department members, four members did not make last year’s guidelines and 4 more members would not make the new guidelines, but Chief Marshall is confident the members will make the requirements for this year.
Library Director
Mayor Omerza discussed the current programming at the Library which can be found on the Library website.
Police Chief
Assistant Chief Lorenz
Officer Bradley Roy gave an Emergency Management Report; he is looking at getting a group set up to get people talking and communicating with each other, which would meet quarterly if any council members would like to join. The Emergency Operations Plan is completed for the year. Roy indicated that he reached out to St Louis County, they were part of the Marathon last year, and we are now a part of their group which meets a couple times a year so we now have them more accessible to us.
City Attorney
Campbell/Bisbee moved to approve the Resolution 2023-006 Resolution Declaring a Temporary Moratorium on Cannabinoid Products Derived from Hemp within the City of Ely
Attorney Klun indicated that this would be an extension to the moratorium until December 5, 2023, but the council can initiate an ordinance or revoke this moratorium at any time. At this time the conversation with regard to licensing and regulation is ongoing, and we don’t have a precise decision and we are running to the end of our existing moratorium.
A.Forsman indicated that he was not at the last meeting, but was in favor of the Off Sale with On Sale not allowed Ordinance. A.Forsman indicated that he does not see a need for an ad hoc committee, there are going to be changes as the state makes their moves, but we cannot wait for them either. A.Forsman indicated that he would like to see the non-exclusive ordinance move forward.
Roll Called: Council Members A.Forsman – Yes, Kess- Absent, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried 6-0-1.
Debeltz/Campbell moved to Set up and Ad Hoc Committee to discuss licensing Cannabinoid Products in the City of Ely and developing an Ordinance.
Attorney Klun indicated that we will need a couple council members, the police department on the committee. Campbell, Debeltz, and Mayor Omerza indicated they would be on the committee.
Omerza indicated that we will just be talking about what is legal today.
Motion Carried 5-1-1 with A.Forsman voting No and Kess Absent.
Update on 105 W Conan St Rental License
Attorney Klun indicated that after further review the building official has determined that a rental license revocation is not needed by the council, it appears that this property is unlicensed and has not been licensed as a rental since April 30, 2022. Attorney Klun stated that this doesn’t change the situation as we are looking for compliance relative to the standards, the owner should continue to work with the Building Official to bring the property up to the standards requested for permitting rental licenses. At this time there is no council action necessary.
A.Forsman/Campbell moved to approve the Mortgage Satisfaction for William and Helen Cusack Document No. 997180.0 recorded on April 23, 2018. Motion Carried 6-0-1 with Kess Absent.
City Engineer
COMMUNICATIONS: Matter of Information
Habitat Highlights – February 2023
Correspondence from the Embarrass Regional Fair Association
CLAIMS FOR PAYMENT:
A. City and EUC claims for February 21, 2023 for $135,585.68
B. Invoice #85394 to AE2S for the WWTF Improvements Project for $19,896.19
C. Invoice #441982 to SEH for Prospector ATV Trails for $654.50
D. Pay Estimate #5 (Final) for the Prospector ATV Phase 6 Beaver River Crossing Project to Northland Constructors for $223,062.88 and Certificate of Substantial Completion
E. Ely Community Resource Quarter 1 Payment of $5,125.
Debeltz/Bisbee moved to approve the Claims for Payment items A-E. Motion Carried 6-0-1 with Kess Absent.
OLD BUSINESS:
NEW BUSINESS:
Debeltz/Callen moved to approve the Residential Rehab Loan for John and Susan Leonard for up to $10,000 at 127 W Chapman St to fix the sewer line pending proper paperwork and fees and to direct Attorney Klun to work with applicant and proceed with the loan application. Motion Carried 6-0-1 with Kess Absent
OPEN FORUM:
ADJOURN:
Mayor Omerza moved to adjourn the meeting at 6:23pm without objection.
Casey Velcheff
Deputy Clerk
Ely Echo March 11, 2023
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STATE OF MINNESOTA
COUNTY OF ST. LOUIS
DISTRICT COURT
SIXTH JUDICIAL DISTRICT
Court File No. 69VI-PR-23-14
ESTATE OF:
JOSHUA JAMES ORCUTT,
a/k/a JOSHUA J. ORCUTT
NOTICE AND ORDER FOR HEARING ON PETITION FOR FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS (INTESTATE)
IT IS ORDERED AND NOTICE IS GIVEN that due to the COVID-19 pandemic and pursuant to Minnesota Supreme Court Order ADM20-8001 a hearing will be heard remotely on March 6, 2023, at 9:30 o’clock a.m., by this Court on the petition for the formal appointment of Angela Alvig, 18258 Minnetonka Blvd., Ste. 145, Wayzata, Minnesota 55391, as Personal Representative of the Estate of the Decedent in a formal, unsupervised administration.
Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed, the Personal Representative will be appointed with full power to administer the Estate, including the power to collect all assets, pay all legal debts, claims, taxes and expenses, to sell real and personal property, and do all necessary acts for the Estate.
Any objections to the petition should be filed with the Court prior to or raised at the hearing. NOTE: You will need to pay a filing fee when you file the objection. If you cannot afford the fee, you can ask for a fee waiver (see http://mncourts.gov/GetForms.aspx?c=19&p=69). If you have an objection to this case, please contact Court Administration at (218) 221-7560 option # 8 for further instructions as these hearings are currently held remotely due to the pandemic.
IT IS FURTHER ORDERED that Notice is also given by: 1) publication once a week for two consecutive weeks in a legal newspaper in St. Louis County, the last publication of which is to be at least ten (10) days before the deadline for objections; and 2) mailing via U.S. Postal Service a copy of this Notice and Order postmarked at least fourteen (14) days prior to the deadline for objections to all interested persons as defined in Minnesota Statutes §524.1-201 and persons who have filed a demand for notice pursuant to Minnesota Statutes §524.3-204. Any charitable beneficiary may request notice of the probate proceeding be given to the Attorney General pursuant to Minnesota Statutes § 501B.41, subdivision 5.
NOTICE IS ALSO GIVEN that (subject to Minn. Stat. § 524.3-801) all creditors having claims against the Estate are required to present the claims to the Personal Representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
Andrew R. Peterson
Judge of District Court
Amy Turnquist, Court Administrator
Chelsea Opdahl, Deputy
Attorney for Personal Representative
Marya P. Robeen
Lathrop GPM LLP
80 South Eighth Street, Suite 500
Minneapolis, MN 55402
Attorney License No.: 0287167
Telephone: (612) 632-3010
FAX: (612) 632-4010
Email: marya.robben@lathropgpm.com
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STATE OF MINNESOTA
SECRETARY OF STATE
AMENDMENT TO
ASSUMED NAME
Minnesota Statutes Chapter 333
1. List the exact assumed name under which the business is or will be conducted: TL Capital Connections, LLC.
2. Principal place of business: 2361 Retreat Lodge Road, Cook MN 55723.
3. List the name and complete street address of all persons conducting business under the above Assumed Name, OR if an entity, provide the legal corporate, LLC, or Limited Partnership name and registered office address. Attach additional sheet(s) if necessary: Thomas M Bakk, 2361 Retreat Lodge Road, Cook MN 55723. Laura M Bakk, 2361 Retreat Lodge Road, Cook MN 55723.
4. 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 penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.
Thomas M Bakk, President
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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: VIRGO CLEAN
PRINCIPAL PLACE OF BUSINESS: 4024 Robinson St., Duluth MN 55804 USA
NAMEHOLDER(S); Vanessa Ann Isola, 4024 Robinson St., Duluth MN 55804 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: Vanessa Isola
MAILING ADDRESS: None provided.
EMAIL FOR OFFICIAL NOTICES: vaitalitea@gmail.com
