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DRAFT MEETING MINUTES 
 

Council Chambers

Ely, Minnesota

Tuesday, December 4, 2007

6:30 P.M.  Regular Meeting

Ely City Council 
 

Regular meeting of the Ely City Council was called to order at 6:30 P.M. by Mayor Charles J. Novak. 

PRESENT:  Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)

ABSENT:   None (0) 

A quorum was determined. 

Mayor Novak welcomed the listening audience present and those at home watching public access live broadcast of tonight’s meeting. 

Moved by Zupec supported by Debeltz, that the minutes of the regular meeting of November 20^th and special meeting of November 29^th, 2007, be approved without reading.  Carried unanimously.  Minutes to stand as recorded. 

The following additions were added to tonight’s agenda: 

Council member Omerza:  miscellaneous bills for the City Parks and Recreation Department that were approved at their meeting December 3^rd meeting, to be considered under V.  Claims for Payment, Item C; 

City Attorney Bentz:  an amended resolution setting a public hearing on a vacation;  also a draft lease between the City of Ely and Range Mental Health, for office space in the Ely City Hall, to be considered under III.  Committee Reports, Item D.  City Attorney. 

Clerk-Treasurer/Administrator Butler:  an email he received from the FAA/MNDOT regarding a meeting in Hibbing;  survey estimate received from Bear Island Surveying on city property of which John Sjoberg is interested in purchasing, to be considered under IV.  Departmental Reports, Item A.  Clerk-Treasurer/Administrator. 

Council concurred with accepting above additions to tonight’s agenda. 
 

Mayor Novak noted that there will be a joint meeting between the City of Ely and Town of Morse Officials regarding annexation, scheduled for Wednesday, December 12^th, 6:00 P.M.  Ely City Hall Board Room.  Matter of information.

• It was noted by the Clerk-Treasurer/Administrator that Morse Officials would like to meet at the Morse Town Hall.  Council member Lindroos commented that the Council was told prior that all meetings should be held at the Ely City Hall if possible;  Council member Zupec suggesting that when meeting with Town of Morse perhaps the meetings should be rotated as to location;  Council member Omerza stated that meetings should be held in buildings that are handicapped accessible.  It was noted that the Ely City Hall is more centrally located for those members of the public wishing to attend these meetings.

The following consent agenda items were brought before the Council for approval:

1. St. Mn. Contract Agreement – IRR/City of Ely – Spectrum Assisted Living Project – water and sewer systems and other public works ( Mayor and Clerk-Treasurer/Administrator authorized to execute);
2. Ely Chamber of Commerce – letter of appreciation to City of Ely – Mike Popesh and Public Works Crew;  the Ely Police and Fire Departments for their roles and participation in the Christmas Parade – INFORMATION;
3. Janet Twoehy – letter of resignation from the Ely Planning and Zoning Commission ( accept with letter of appreciation sent for service);
4. 2008 IRR Mineland Reclamation Program – denial of City’s funding request for flooring and acoustic tile, Miner’s Dry Building ( City Engineer to resubmit for 2009 funding);
5. Independent Contract between City of Ely and Mary Lee Erickson ( Mayor and Clerk-Treasurer/Administrator authorized to execute);

Moved by Debeltz supported by Zupec, that above items be approved and ordered filed.

Carried unanimously. 

Nicolas Jordan requested placement on tonight’s agenda pertaining to raising funds to support the VFW Club, but was not in the audience at this time, so the Council moved to the next agenda item. 

Council member Omerza reported on behalf of the Telecommunications Advisory Board Meeting of December 3^rd:  she noted that PEG fees can only be used for capital purchases, including the rental of a building, with wages not being an appropriate expenditure of PEG fees;  franchise fees can be used for operational expenses, and the FCC sets a cap of 5% on how much a city can request for franchise fees.  Mike Jankovec and Mary Cich were present, explaining the need for start up costs to digitize the current system, with discussion following regarding funding of the budget.  Mike and Mary reported that they have completed the papers to become a 501 (c) 3 Corporation, with the Clerk-Treasurer/Admin. directed to contact Tucker Carlson from Charter Communications to initiate the switchover and establish a timeline.  The TAB Committee is making the following recommendation for purchase of capital expenditures, for Council approval: 

1.  Tightrope Cablecast SX 2 Automated System – 2 Channel                 $ 12,000.00

2.  Cablecast SX VOD – Video On Demand                                                  3,500.00

3.  Carousel Bulletin Board System                                                                3,500.00

4.  Miscellaneous Switches and supplies                                                        4,500.00

5.  Tightrope media technical team comes to Ely for training                        2,500.00

6.  Laptop computer                                                                                        1,500.00

7.  Design and develop website/video interface                                              2,500.00

Moved by Omerza supported by Sheddy, that above items be approved under capital expenditures not to exceed $30,000.  Carried unanimously. 

Council member Debeltz questioned the dollar amount in the PEG and FRANCHISE FEE funds, with Council member Omerza stating approximately $112,000.  By 2008

the City will need to switch to digital, and the TAB is beginning to make the transition now.  At their special meeting of December 17^th, 4:00 P.M.  City Hall Board Room, they will be working on having a contract in place with Mike Jankovec and Mary Cich for services.  Matter of information. 

Council member Lindroos reported on behalf of the Ely Airport Commission Meeting of November 13^th:  communications from TKDA were received along with the 2008 CIP.  A recommendation was made that TKDA be contracted to formulate a project using the 2008 CIP with the addition of the justification study for the runway extension, with Harold Langowski volunteering to check on whether the runway extension justification study could be added to the CIP at this late date.  Moved by Lindroos supported by Debeltz, that recommendation be approved in authorizing TKDA to undertake the engineering and construction projects for the Ely Airport CIP, to justify the short runway addition to apron in year 2010.  Carried unanimously. 

Council member Omerza reported that the Community Joint Powers Board will be meeting on December 13^th to discuss legislative issues, noting that at the last Community Joint Powers Meeting, a recommendation was approved requesting that the City request a mediator be available to join in on discussions between the Ely City Council and the EADA, at their January 28^th annual meeting.  Mayor Novak, along with Council members Lindroos, Sheddy and Zupec stated that they did not feel a mediator was necessary.  Any issues that may arise between both parties can be discussed openly across the table.  Moved by Omerza supported by Zupec, that Mayor Novak be directed to write a letter to the Community Joint Powers Board informing group that the Ely City Council would like to be part of this annual meeting but are declining retaining a mediator / facilitator at this time, and that this Special Ely City Council Meeting with the EADA be posted to the public as taking place on Monday, January 28, 2008, 6:00 P.M.  at the Grand Ely Lodge.  Carried unanimously. 

Mayor Novak commented that the Ely City Council Members have every right to ask questions as to whether the model now set up with the EADA is working and if not, how it could work better or what changes may be needed.   

Mayor Novak provided Council members with a list of recommended City of Ely agenda items for the Legislative Meeting on December 13^th, 4:30 P.M.  at the Grand Ely Lodge, as follows:

1. Removal of Taconite Aid Offset from LGA formula;
2. Bonding Request Project #1 – Pattison Street/Hospital Expansion;
3. Bonding Request Project #2 – 17^th Street Infrastructure;
4. Correction to TIF disparties re:  Ely TIF District #3
5. Market Value of Summer Seasonal included in Taxable Tax Capacity

Council member Omerza stated that she would feel more comfortable if all Council members acted on items to be recommended for agenda;  that she would like to recommending adding restoration of LGA to 2003 level, as Item #6.  Moved by Omerza supported by Lindroos, that Items #1 - #6 as presented be approved by the Ely City Council for discussion at the Legislative Meeting.  Carried unanimously.  Mayor Novak also encouraged any other Council member that may have an item to add to this list, to remit item to the Deputy Clerk by Friday for inclusion. 

Moved by Omerza supported by Debeltz, that the Clerk’s Office post a Special Meeting of the Ely City Council to take place on Thursday, December 13, 2007, from 4:30 P.M. – 7:30 P.M. at the Grand Ely Lodge to discuss Legislative Issues with the Community Joint Powers Board.  Carried unanimously. 

Council member Lindroos stated that he does not like to see last minute items placed on the Council table prior to the meeting;  that he likes to research matters thoroughly, with Council member Zupec agreeing.   

City Attorney Bentz presented a draft lease between the City of Ely and the Ely Igloo Snowmobile Club, for three maintenance bays and two stalls all within the city owned garage located at West White Street, Ely, with term of lease being 12 months beginning December 1, 2007, in the amount of $150.00 per month, paid in advance.  Moved by Debeltz supported by Nikkola, that the Mayor and Clerk-Treasurer be authorized to execute said lease contingent upon officers of the Ely Igloo Snowmobile Club signing lease first.  Carried unanimously. 

City Attorney Bentz presented for Council consideration, an amended resolution setting a public hearing on a vacation.

Council member Omerza offered the following resolution:  2007 – 42 

Amended Resolution Setting a Public Hearing On a Vacation 

WHEREAS:  The City Council of the City of Ely, Minnesota, pursuant to its Charter and Minnesota Statues, desires to consider the vacation of a portion of MNDOT – deeded property, which has by operation of statutes become a street, between 14^th and 15^th Avenue, and Sheridan Street and Chapman Street, and 

WHEREAS:  On November 20, 2007, the City Council previously resolved to vacate sid street, and it now resolves to vacate the following amended legal description: 

All that part of Lots 3-12, Block 6, Zaverl’s Addition to Ely in Section 34, Township 63 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, lying northeasterly of the following described line: 

Assuming the West Line of Block 6, Zaverl’s Addition to Ely bear North 00 degrees 28’41” West and from the Southwest Corner of said Block 6, run North 00 degrees 28’41” West along said West Line, a distance of 116.20 feet, to the Point of Beginning. 

Thence South 82 degrees 53’34” East, a distance of 302.65 feet to the East Line of Block 6, Zaverl’s Addition to Ely and there terminate. 

Except the right of way existing highways.

Said parcel contains approximately 0.18 acres. 

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ELY, MINNESOTA: 

The Council will consider the vacation of such land and a public hearing shall be held on such proposed vacation on the 27^th day of December 2007, ( which was previously set for public hearing on the 17^th day of December 2007) before the City Council in the City Hall located at 209 East Chapman Street, Ely, Minnesota at 5:30 P.M. and the Clerk shall give published and posted notice as required by law.   

Motion for the adoption of the foregoing resolution was made by Council member Omerza, seconded by Council member Lindroos, and declared carried on the following vote:

YES:   Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)

NO:   None (0)

ABSTAIN:  None (0)

ABSENT:  None (0)

Adopted this 4^th day of December 2007. 

City Attorney Bentz provided Council members with a draft lease between the City of Ely and Range Mental Health Center Inc. for a single room on the lower level of Ely City Hall, to be used every Thursday, at the rate of $150.00 per month, effective December 1, 2007.   Moved by Debeltz supported by Zupec, that the Mayor and Clerk-Treasurer/Administrator be authorized to execute on behalf of the City of Ely.

Carried unanimously. 

Nicolas Jordan entered the Council Chambers and the Ely City Council then let him address them regarding the VFW.  Nicolas stated that the Ely VFW is facing tough times financially and may be closing its doors permanently if enough monies cannot be raised to keep them open.  By donating funds to the VFW, help is being given to preserve our heritage and insure its future as a place for all to come and pay their respects to those who have served this great country.  Funds received will go directly to the VFW in Ely to aid in refurbishments,  Donations are voluntary, but they are encouraging one and all to give what they can.  The Annual VFW Christmas Party will be held on December 15, 2007 at the VFW, and all are welcome to attend the festivities that will include a potluck, live music and other activities.  Those businesses who choose to donate will be thanked in a ceremony and receive a plaque for their business front in their honor for helping to keep the Ely VFW alive.  Mayor Novak commented that the City of Ely cannot make decorations such as this but that Council members on their own certainly can, and that he would encourage all Council members and members of the public, to donate to the Ely VFW.  Nicolas stated that checks may be mailed to or dropped off at the VFW Club, 2 West Sheridan Street, Ely.  Council member Zupec also thanked Nicolas, Mikey Jankovec and Mary Cich along with the Pamida Foundation, for sponsoring the upcoming Moving Wall in Ely in 2008.