| City Council Minutes Tuesday, March 18 |
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Regular meeting of the Ely City Council was called to order at 6:30 P.M. by Acting Mayor Warren Nikkola.
PRESENT: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6)
ABSENT: Mayor Novak (1)
DRAFT MEETING MINUTES Council Chambers Ely, Minnesota Tuesday, March 18, 2008 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 Acting Mayor Warren Nikkola. PRESENT: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6) ABSENT: Mayor Novak (1) Acting Mayor Nikkola reported that Mayor Novak was ill and would not be presiding at tonight’s Council Meeting. * A quorum was determined. Moved by Debeltz supported by Zupec, that the minutes of the regular meeting of March 4th be approved without reading. Carried unanimously. Minutes to stand as recorded. Council member Lindroos requested the following addition be added to tonight’s agenda under V. Claims for Payment, Item D. , Change Order #3, Louis Leustek and Sons Inc., total increase change order no. 3 - $145,432.83. Moved by Debeltz supported by Zupec, that addition be approved. Carried unanimously. Acting Mayor Nikkola acknowledged Lynn Rogers and Ted Oakes of the BBC in tonight’s audience, moving them up under Mayor’s Agenda Items from Item #3 to Item #1 at this time. Ted reported that the filming crew is here through October, and that their production on Animal Planet is seen not only in England but around the world. He stated that the group feels privileged to be here working with Dr. Lynn Rogers, and they will be working out in the Eagles Nest area. Council member Zupec thanked Ted and accompanying group for appearing before the Council, requesting that they give Council members periodic updates on their progress, with Council member Debeltz recommending that Channel 11 interview the group for local resident’s entertainment. Acting Mayor Nikkola thanked the group for coming to Ely with their endeavors. Acting Mayor Nikkola reported that the Council had previously scheduled a Special Meeting of the Ely City Council to take place on Saturday, March 22, 2008, beginning at 9:00 A.M. Ely City Hall Board Room, for the purpose of conducting interviews for the position of Clerk-Treasurer, and any other business pertaining to the Clerk-Treasurer position. Matter of information. Acting Mayor Nikkola reported that the City of Ely had received donations from the Ely Winton Rod and Gun Club, through their charitable gambling, for the following: $585.00 towards the City of Ely’s 2008 fireworks display; $782.00 to the Recreational Facility. Moved by Debeltz supported by Zupec, that a letter of thanks be sent to the Ely Winton Rod and Gun Club for their generous donation. Carried unanimously. Council member Omerza questioned the Council as to who may be sitting in on the Mayor’s radio program Wednesday morning, which is broadcast over WELY, and that she would be available to do so if the Council so wished. Moved by Zupec supported by Debeltz, that Council member Omerza be authorized to report on tonight’s Council meeting over WELY on Wednesday morning. Carried unanimously. The following consent agenda items were brought before the Council for approval: 1. Insurance Services Office Inc. – Building Code Effectiveness Grading Schedule ( addressed to Clerk-Treasurer and Building Official Pat Conery – to be reviewed by City Attorney and referred to Building Official for report back to the Council – report is due ISO by April 12, 2008); 2. IRR, Richard Walsh – funding under Application Fund Program Eligibility Homeland Security ( city fire truck application) – INFORMATION; Moved by Debeltz supported by Zupec, that above items be approved and ordered filed. Carried unanimously. Council member Lindroos reported on behalf of the Ely Airport Commission Meeting of March 11th: Moved by Lindroos supported by Sheddy, that the City Attorney be directed to set up a meeting with Leusteks and Sons, Mesabi Bituminous, WSB and Associates and the FAA, to resolve current issues from the Airport. Carried unanimously. Council member Lindroos reported that there are a number of issues to be discussed and resolved, and that he is looking forward to resolving issues in a timely manner. Acting Mayor Nikkola reported on behalf of the City Budget Committee Meeting of March 13th: Mr. Tim Riley of Wells Fargo gave a presentation on the availability of a City Line of Credit the City could use for high ticket Capital Lease Purchases. Moved by Omerza supported by Zupec, that per recommendation of the Budget Committee the City initiate the process of entertaining a line of credit with Wells Fargo, in the amount of $500,000.00. Carried unanimously. Acting Mayor Nikkola reported that the City Budget Committee had discussed the purchase of a vehicle to be used by the City Operations Director of Public Works and Utilities. The Deputy Clerk had reported that General Foreman of Public Works Mike Popesh, had found a 2007 used vehicle at Mike Motors, 32,000 miles and remainder of five year warranty, for the price of $14,800 plus tax/license plates. Moved by Omerza supported by Sheddy, that per recommendation of the Budget Committee the City purchase this vehicle, requesting that the EUC also share in the total cost of purchase. Carried unanimously. *Council member Sheddy will bring this matter up to the EUC at their next regular meeting. Acting Mayor Nikkola reported that the Budget Committee had addressed the Deputy Clerk’s request to retain Mike Hillman to write a grant on behalf of the City of Ely to USX/Foundation, for the Captain’s Dry, completion of Miner’s Dry, future maintenance on the radial chimney, headframe, and development of a trail head at the mine site, for the fee of $2,000.00, with $1,000.00 to be paid up front and remaining $1,000.00 to be paid when grant was completed, with said $2,000.00 to be taken from the Clerk-Treasurer’s Budget, Full Time Salaries, Line Item – 101-41400-101. Moved by Zupec supported by Sheddy, that per recommendation of the Budget Committee, retaining Mike Hillman to write necessary grants on above project be approved. Carried unanimously. Acting Mayor Nikkola reported that the Budget Committee again discussed the City obtaining a new police dog, with police forfeiture money to cover the $10,000 purchase and training cost. Moved by Omerza supported by Debeltz, that approval be granted for proceeding with obtaining a new police dog for the amount of $10,000 to cover purchase and training, to be taken out of police forfeiture money in the City budget. Carried unanimously. Council member Omerza requested Council approval in attending the Applied Learning Initiative and Business Industry Rally in Chisholm next week; EADA Executive Director Pat Henderson will be unable to attend and brought this to her attention. If Council approves attendance at this Rally, Council member Omerza would like to attend as a Council representative. Moved by Debeltz supported by Lindroos, that request be approved. Carried unanimously. Acting Mayor Nikkola reported on behalf of the Employee Relations Committee Meeting of March 13th: the Deputy Clerk had requested that the Zoning Administrator job description be amended to reflect that this employee would be the City Contact person for future City web page, and that the Zoning Administrator position be upgraded to 40 hours per week for handling all zoning matters, civil enforcement and will be the official City contact for City web site and other computer work as needed, with hours to be allocated as follows: 24 hours allocated to Zoning Administrator duties; 8 hours allocated to Civil Enforcement duties; 8 hours allocated to City Web Site, totaling 40 hours per week. YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Acting Mayor Nikkola (5) NO: Council member Zupec (1) ABSENT: Mayor Novak (1) Motion carried. Council member Zupec qualified his no vote by stating that he is not in favor of moving forward with civil enforcement until the Council has definitely determined how they wish to handle civil enforcement, and he feels the Zoning Administrator position will be taking on too much responsibility for that one person. Council member Omerza thanked current Zoning Administrator George Burger for stepping up to the plate on these job duties, and for the good job he is doing in carrying responsibilities out. Acting Mayor Nikkola reported that the Deputy Clerk had recommended that all job descriptions applicable, be officially amended to reflect Council action as to the immediate supervisor being that of the City Operations Director of Public Works and Utilities, for the following positions: General Foreman Public Works, Electrical Foreman, Infrastructure Foreman, Water/Wastewater Plants Chief Operator and also Chief Custodian, of which the Employee Relations Committee approved of recommendation. Moved by Omerza supported by Debeltz, that above recommendation be approved. Carried unanimously. Council member Lindroos reported that at the Employee Relations Committee Meeting discussion also took place regarding annual employee and department head performance evaluations, and that all City contractual employees also be given performance evaluations, with Employee Relations Committee approving recommendation. Moved by Lindroos supported by Sheddy, that above recommendation be approved and placed in all future employee and department head labor agreements, and that all City contractual employees also be given annual performance reviews, with the City Negotiating Committee performing the evaluations and coming up with recommended format for Council review and action. Carried unanimously. Acting Mayor Nikkola recommended bringing in the Human Resource Specialist from the hospital, that the City will be negotiating with in the near future, to assist in these evaluations. Acting Mayor Nikkola reported on a meeting he had attended in Hoyt Lakes, on designated roadway between Babbitt and Hoyt Lakes, being down to ten routes now being discussed, with public scoping of meetings to take place in a couple of months. There is a lot of work and effort being conducted on this project, which will begin approximately in year 2010. Matter of information. RLK Kuusisto, City Engineer Harold Langowski provided Council members with a March 2008 Project Status Report. Matter of information. Deputy Clerk Wellvang reported that the City has received a renewal contract for employee dental insurance with Assurant Dental, for the period April 1, 2008 – April 1, 2009, with a 5% increase, and she is recommending that the Mayor and herself be authorized to sign contract on behalf of the City of Ely. Moved by Debeltz supported by Omerza, that recommendation be approved. Carried unanimously. City Attorney Rae Bentz informed Council members that a Mr. Steve Ober whom purchased an East Spaulding Lot several years ago, is requesting turning back this lot to the City as he will be unable to build within the three year time period, also requesting any legal fees/closing costs paid for lot purchase. Moved by Sheddy supported by Zupec, that the City of Ely approve purchasing the lot back from Mr. Ober for the price he paid the City of Ely, compensating him no additional costs. Carried unanimously. Council member Sheddy stated that the City sold this lot in good faith, and feels the Council is being fair by their action above. Deputy Clerk Wellvang reported that Council members Lindroos, Sheddy and herself had interviewed eight candidates that met the minimum qualification of the job description of Confidential Accounting Clerk, as recommended by Paul Ness, City personnel specialist, and the consensus of panel was to recommend to Council that Lorie Kienitz be offered the position of Confidential Accounting Clerk of the City of Ely, position being 32 hours per week, with pro-rated benefit packet, starting salary of $28,288.00 with step up salary increases to $31,530.00 after 60 months, in addition to annual wage increases given employees through Supervisors of Other Than Essential Employees Agreement, on a six month probationary period pending satisfactory reference and background checks. Moved by Sheddy supported by Omerza, that recommendation be approved. YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Acting Mayor Nikkola (5) NO: Council member Zupec (1) ABSENT: Mayor Novak (1) Motion carried. Council member Zupec qualified his no voting by stating that he does not like the City’s current hiring process. Deputy Clerk Wellvang stated that the panel interviewed some very qualified candidates for this position. The following EUC consent agenda items were brought before the Council for approval: 1. Approve Electric Service Agreement with Minnesota Power/Allete, Inc.; Moved by Debeltz supported by Sheddy, that above items #1 - #8 be approved and ordered filed. YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Acting Mayor Nikkola (5) NO: Council member Zupec (1) ABSENT: Mayor Novak (1) Motion carried. Council member Zupec qualified his no vote pertaining to item #2, stating that he feels the City should put out proposals on this service. INFORMATION 1. Hold a public hearing on the electric rate increase on March 25, 2008 at 5:30 P.M. at Ely City Hall; Claims for payment were received on the following: 1. League of Minnesota Cities Moved by Zupec supported by Debeltz, that above claims be allowed and paid. Carried unanimously. 2. Klun Law Firm Moved by Debeltz supported by Zupec, that claim be allowed and paid. Carried unanimously. 3. Paul Ness Moved by Omerza supported by Zupec, that claim be allowed and paid. Carried unanimously. 4. WSB and Associates – Louis Leustek and Sons Inc. – Change Order No. 3 – Ely Airport Project – Increase of $145,432.83. Moved by Lindroos supported by Omerza, that Change Order No. 3 be approved with the Mayor and Deputy Clerk authorized to sign on behalf of the City of Ely. Carried unanimously. Communication was received from Mary Frances Skala, Fryberger, Buchanan, Smith and Frederick, P.A. regarding City of Ely, Minnesota, Tax-exempt financing for Ely Bloomenson Community Hospital and Nursing Home Corporation, with purpose of letter being to disclose a conflict of interest and to obtain City consent to representation by Fryberger, Buchanen, Smith and Frederick, P.A., as they have been requested to provide bond counsel services to the City of Ely, Minnesota with respect to above referenced financing which involves the issuance of tax-exempt obligations by the City, the proceeds of which will be loaned to the Ely Bloomenson Community Hospital and Nursing Home Corporation, a Minnesota nonprofit corporation for the purpose of refinancing debt previously issued by the City of Ely, Minnesota and to finance improvements to the Corporation’s hospital, clinic and nursing home facilities located in Ely, Minnesota. Moved by Debeltz supported by Omerza, that the City of Ely approve of Fryberger’s representation of the multiple parties described, authorizing the firm to proceed to represent the City of Ely with respect to documenting transactions. Carried unanimously. Communication was received from Fire Chief Louis Gerzin and Ely Fire Department Board of Trustees President, Mike Jamnick, requesting Council consideration of the purchase of a new City of Ely emergency apparatus vehicle, requesting that the Council give this request serious consideration, and listing six reasons to update current equipment. Moved by Zupec supported by Debeltz, that the letter addressed to the Mayor and Ely City Council Members dated February 25, 2008, be printed in its entirety in the local papers, so Ely area residents know what is going on with discussions on current fire contract taking place between Town of Morse, Town of Fall Lake, Stony River Township, and the City of Winton. Carried unanimously. Nancy Larson ( Community Coaching) sent information to the Deputy Clerk pertaining to AFGP-EMS, notifying the City that Ely may have a chance to get into the 2nd round for an EMS/First Responder equipment and training request, and considered for funding the upfront costs of the FF/EMS program since it would be explained as a one time cost and that the Ely City Council is committed to sustaining the program. The cost for research and grant writing being $2,500.00. She further stated that Ely could apply to the IRR’s Application Fund Program and be reimbursed $1,250.00, with IRR’s reimbursement being upfront so it doesn’t matter if the grant is funded or not – the City would not have to pay the IRR back. The other half could be included in the AFGP budget. If funded, that amount would be covered and if not, then Ely is out $1,250.00. Nancy’s guarantee to the City would be that if a grant request is not funded, she will find out why it was not funded the following year and then re-submit ( at no grant writing cost to the City) if it is determined Ely’s chances for funding will improve. Moved by Lindroos supported by Debeltz, that the City of Ely contract for grant writing services on above project from Nancy Larson as proposed. Carried unanimously. Moved by Omerza supported by Zupec, that the City of Ely dispense with readings in their entirety, of all ordinances and resolutions on tonight’s agenda. Carried unanimously. On February 29, 2008, Mayor Novak had provided Council members with a listing of eleven items as the City of Ely’s 2008 Goals and Objectives, requesting that the Council review and add any other items they feel should be included on list of items. Moved by Sheddy supported by Lindroos, that the following items be added to the original eleven items listed: Item #12 – solicit ideas and suggestions from those persons not actively involved; Item #13 – recruit people to make sales calls to actively seek businesses to move to Ely. Moved by Sheddy supported by Lindroos, that motion be amended to reflect the following additions to also be included in above listed items: that pertaining to Item #3, the addition of City Web Site; that pertaining to Item #11, the addition of fiber to the City of Ely in order to be relevant and viable; Item #14 – go after matching State funds. Carried unanimously. The Ely City Council Adopted Goals/Objectives for 2008 are listed as follows: 1. Develop an area wide strategy in support of the mining initiatives being pursued;
Request was received from TKDA to advertise for Bids for the Apron Expansion and Crack Repair Project at the Ely Municipal Airport, with bids to be opened at 2:00 P.M. on Monday, April 28, 2008. Moved by Debeltz supported by Zupec, that request be approved. Carried unanimously. Notification was received that the Ely Housing and Redevelopment Authority has received a conditional commitment from Queen City Federal Savings and Loan, Virginia Branch, for an additional loan to the HRA in the amount of $250,000, for the cost overrun of the Northwoods Townhomes Project, with the borrower being the Ely Housing Authority, with collateral consisting of a valid second mortgage on the SATO/Revenue Building in Ely, Minnesota. Council member Omerza informed Council members that her spouse is employed by Queen City Federal Savings and Loan at the Ely Branch, and will not be receiving any financial gain from this project. Moved by Sheddy supported by Lindroos, that the City of Ely approve of the HRA loan request for $250,000 as presented in the February 21, 2008 email to HRA Executive Director Marty Hendrickson. Carried unanimously. Communication was received from the Planning and Zoning Commission, notifying the Council that on March 6, 2008, the Board of Adjustments unanimously approved the application for Rezoning of a property owned by Mark and Sharon Luthens, Lots 7, 8 and 9, Block 8 and Lot 9 of Block 9, of the Auditor’s Plat #38 to Ely, parcel identification – 030-0021-00920 and 030-0020-01060. This affected property is located in an Open Space zoning district, and the Commission is recommending that the zoning be changed to R1 which would allow him to build a garage. Moved by Sheddy supported by Zupec, that the recommendation be approved for zoning change, and that this matter be referred to the City Attorney to draft up proper documents. Carried unanimously. Council member Lindroos requested placement on tonight’s agenda regarding the following: 1. Results of March 6, 2008 Summer Downtown Parking Meeting. The group meeting is recommending that the City continue the same summer parking permit program as 2008. Moved by Lindroos supported by Debeltz, that recommendation be approved. Carried unanimously. 2. Fire Issues Overview for Council/Fire Committee reference. There will be a Special Meeting of the Council and Fire Committee Members scheduled for Thursday, March 20th, 6:30 P.M. Morse Town Hall, with Council member Lindroos encouraging those Council members that can, to attend. There will be a presentation from the EMS Safety Center, with information available for public review. Moved by Lindroos supported by Zupec, that the City Council schedule a Special Meeting as noted above. Carried unanimously. Council member Lindroos offered the following ordinance: Proposed Ordinance #212, Second Series, An Ordinance Authorizing The Ely Economic Development Authority To Exercise Powers Under Minnesota Statutes, Chapter 462C On Behalf Of The City of Ely The City Council of Ely, Minnesota ( the “City”) does ordain: Section 1. Recitals. 1. Pursuant to Minnesota Statues, Section 469.090 through 469.1081 ( the “Act”) and Resolution No. 1993-9, the City Council created the Ely Economic Development Authority ( “EEDA”) and authorized it to exercise housing development, economic development and redevelopment powers under the Act.
Section 2. Delegation. The City Council hereby authorizes the Ely Economic Development Authority to exercise, on behalf of the city, the powers conferred by the Housing Act. Section 3. Effective Date. This ordinance shall take effect and be in force 30 days from and after its second and final passage and publication and recording in the Ordinance Book of the City of Ely. Motion for the adoption of the foregoing ordinance was made by Council member Lindroos, seconded by Council member Debeltz, and declared carried on the following vote: YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6) NO: None (0) ABSENT: Mayor Novak (1) Proposed Ordinance #212, Second Series, adopted and given a first reading and publication, this 18th day of March 2008. Council member Sheddy offered the following ordinance: Proposed Ordinance #213, Second Series, An Ordinance Of The City of Ely, Minnesota, Amending Section 6.05 of the City Charter of the City of Ely The Council of the City of Ely Does Hereby Ordain: Section 1. Section 6.05 of the Charter of the City of Ely, Minnesota, is hereby amended as follows: Section 6.05 Purchases and Contracts. 1. Subject to the requirements of Section 7.06 of this Charter, contracts shall be made in compliance with the Uniform Contracting Law and where applicable the Minnesota Statutes, Chapter 429. Whenever competitive bids are required, the contract shall be let to the lowest responsible bidder. In addition, the following requirements apply to city expenditures: 1. Any city purchases or contracts involving a sum not exceeding $1,000.00 may be made or let by the respective department or commission head without the approval of THE COUNCIL so long as an appropriation for such expenditure is included in the budget approved by THE COUNCIL, pursuant to Section 7.05 of this Charter and there are sufficient unexpended funds for payment of such expenditures. 2. Expenditures between $1,000.00 and $3,000.00 require the city clerk-treasurer and two council person’s signatures on the purchase order.
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 ninety (90) days after final adoption and publication. Motion for the adoption of the foregoing Ordinance was made by Council member Sheddy, seconded by Council member Lindroos, and declared carried on the following vote: YES: Council members Lindroos, Sheddy, Zupec, Acting Mayor Nikkola (4) NO: Council members Debeltz, Omerza (2) ABSENT: Mayor Novak (1) Proposed Ordinance #213, Second Series, is declared lost as there is not a unanimously vote from the Council as to first reading and publication. Council member Omerza questioned City Attorney Bentz as to why the necessity for four council members to sign on purchase orders $3,000.01 to $50,000.00 ( maximum allowed under Minn. Stat 471.341, subd. 4, was being changed to only three council members, as she feels with purchases of that magnitude, a Council quorum should approve or disapprove these purchases. Moved by Debeltz supported by Sheddy, that the Charter Commission and City Attorney Bentz be invited to the Tuesday, March 25th Regular Monthly Ely City Council Study Session, to discuss this proposed ordinance further. Carried unanimously. Council member Debeltz offered the following ordinance: Proposed Ordinance #214, Second Series, An Ordinance of the City of Ely, Minnesota, Amending The Ely City Code, Chapter 1, Section 1.12 Relating to Enforcement: Fines and Penalties. The Council of the City of Ely Does Hereby Ordain: Section 1. Chapter 1, Section 1.12, of the Ely City Code shall be amended to read as follows: Sec. 1.12. Enforcement: Fines and Penalties Subd. 1. Prohibited Acts. 1. A person shall not do any of the following: 1. violate, fail to comply with, or assist, authorize or permit the violation of a provision of this code; 2. No section or part of this code designating the duties of an official, employee or appointee of the city may be construed to make that person liable for the penalties provided below. Subd. 2. Penalties. 1. A person who violates Section 1.12 is guilty of a misdemeanor and upon conviction will be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 90 days, or both; provided, that if a different punishment is stated in this code, that provision governs the punishment for the violation.
Subd. 3. Administrative Citations and Civil Penalties. Sections 1.12 Subdivision 3 through 11 govern administrative citations and civil penalties for violations of the city code. Subd. 4. Purpose. The City Council finds that there is a need for alternative methods of enforcing the city code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the city council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations. Subd. 5. General Provisions. 1. A violation of a provision of the city code or the acts prohibited in Section 1.12 is an administrative offense, that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense.
Subd. 6. Administrative Citation. 1. A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation.
Subd. 7. Administrative Hearing. 1. The City Council will periodically approve a list of citizens, from which the City Zoning Administrator will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The accused will have the right to request no later than five days before the date of the hearing that the assigned hearing officer be removed from the case. One request for each case will be granted automatically by the City Zoning Administrator. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The City Enforcement Officer may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the City Zoning Administrator will assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. 609.415. The hearing officer must not be a city employee. The City Zoning Administrator must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the City Council. 1. the duration of the violation; 2. the frequently or reoccurrence of the violation;
5. The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that (1) the violation caused a serious threat of harm to the public health, safety, or welfare or that (2) the accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer’s decision and supporting reasons must be in writing.
Subd. 8. Administrative Review. 1. The hearing officer’s decision in any of the following matters may be appealed by a party to the City Council for administrative review: 1. an alleged failure to obtain a permit, license, or other approval from the City Council as required by an ordinance; 2. an alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, that was granted by the City Council; and
2. The appeal will be heard by the City Council after notice served in person or by registered mail at least 10-days in advance. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer’s decision.
Subd. 9. Judicial Review. An aggrieved party may obtain judicial review of the decision of the hearing officer or the City Council by proceeding under a writ of certiorari to the Minnesota Court of Appeals. Subd. 10. Recovery of Civil Penalties. 1. If a civil penalty is not paid within the time specified, it will constitute: 1. a lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or 2. a personal obligation of the violator in all other situations.
2. A lien may be assessed against the property and collected in the same manner as taxes.
Subd. 11. Criminal Penalties. The following are misdemeanors, punishable in accordance with state law: 1. failure, without good cause, to appear at a hearing that was scheduled under Section 1.12 subdivision 7.
If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in district court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts. 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. Motion for the adoption of the foregoing ordinance was made by Council member Debeltz, seconded by Council member Lindroos, and declared carried on the following vote: YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6) NO: None (0) ABSENT: Mayor Novak (1) Proposed Ordinance #214, Second Series, adopted and given a first reading and publication, this 18th day of March 2008. Council members requested that Civil Enforcement be placed on the March Study Session for discussion. Council member Omerza offered the following ordinance: Proposed Ordinance #215, Second Series, An Ordinance Of The City of Ely, Minnesota, Amending Chapter 2, Section 2.61 of the Ely City Code, Entitled Telecommunications Advisory Board. The Council of the City of Ely Does Hereby Ordain: Section 1. Chapter 2, Section 2.61, of the Ely City Code shall be amended to read as follows: Section 2.71 Telecommunications Advisory Board Subd. 1. Purpose. Pursuant to Chapter 15 of the Ely City Code and the Franchise Agreement with Charter Communications, the Council of the City of Ely has established a Cable Television System as represented on the attached Organizational Charter. The City of Ely adopted an Ordinance for Cable Television Regulation in the Ely City Code, which at Section 15.29 provides for an oversight of the Cable Television System and the City of Ely authorized a Franchise Agreement, which at Section 6.2 provides for the oversight of the development and operation of a Public, Education and Government Access System. Therefore, in order to provide for the efficient administration and operation of the Cable Television System and the Public, Education and Government Access System, and to provide for and coordinate the needs and rights of providers, citizens, subscribers and viewers, the Council has determined that a Telecommunications Advisory Board shall be established for that purpose. Subd. 2. Establishment and Composition. A Telecommunications Advisory Board composed of five (5) members is hereby established consistent with Chapter 11 of the ely City Charter. The membership shall be composed of one (1) member, being the Ely City Clerk-Treasurer or designated representative, one (1) member being a member of the Ely City Council or designated representative, and three (3) members being subscribers whoa residents of the City of Ely. All appointments shall be made by the Council as provided by Ely City Charter. A member may be removed in the same manner for misconduct or neglect. Members shall receive no compensation for their services, but may be reimbursed for actual and necessary travel expenses incurred in the discharge of Board duties and activities. Subd. 3. Duties. The duties of the Board are as follows: 1. To annually elect from its membership a President, Secretary and such other officers for the conduct of its business as it deems necessary. Subd. 3 (a) Additional Duties. The Council of the City of Ely finds that changing technology is expanding the ways and means in which information is communicated and processed. The continuing development of the Internet system as well as other technologies related to wire-based and wireless technologies have broad implication for social organization, commercial operations, educational and governmental functions, all of which may have significant impacts on the general welfare of the City of Ely and its citizens. For these reasons, the Council of the City of Ely hereby creates additional duties for the Telecommunications Advisory Board including but not limited to the following: 1. To collect information regarding all forms of electronic technologies; Subd. 4. Initial Terms of Office. The term of the City of Ely Clerk-Treasurer, or designated representative, shall be for three (3) years, expiring January 2007. The term of the three resident subscribers shall be for two (2) years expiring January 2006. The term for the Ely City Council Member shall be for one (1) year expiring January 2005. Subd. 5. Council Authority. The Council retains the authority to accept, reject or modify recommendations made by the Board to the Council and to make initiatives with respect to the Cable Television System and the Public, Education and Government Access System as the Council deems necessary to serve the best interest of the City. 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 immediately after final adoption and publication. Motion for the adoption of the foregoing ordinance was made by Council member Omerza, seconded by Council member Zupec, and declared carried on the following vote: YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6) NO: None (0) ABSENT: Mayor Novak (1) Proposed Ordinance #215, Second Series, adopted and given a first reading and publication, this 18th day of March 2008. Council member Debeltz offered the following Resolution: 2008-12 Resolution of the City of Ely, Minnesota, To Combine Commissions WHEREAS: The City of Ely is a Municipal Corporation governed under the Charter of the City of Ely with powers invested in its City Council; and WHEREAS: The Council desires to combine two current Commissions known as the Ely Community Projects Committee, and the City Streets and Infrastructure Committee, into one Commission. NOW, THEREFORE BE IT RESOLVED: By the City Council of the City of Ely, that: The above-referenced committees shall be combined into one Projects, Streets and Infrastructure Commission; and Said Projects, Streets and Infrastructure Commission shall have ten (10) members who shall serve for a tem of three (3) years staggered, consisting of the City Operations Director of Public Works and Utilities, two (2) Council Members, two (2) EUC Commissioners, one (1) EADA representative, and four (4) citizens at large, and each member shall be nominated by the Council pursuant to Section 11.01 (b) of the Charter of the City of Ely. Motion for the adoption of the foregoing resolution was made by Council member Debeltz, seconded by Council member Omerza. Council member Zupec questioned the intent of this Resolution, as to whether or not it be necessary to create a Commission or leave the group as a Committee. He also recommended that a member of the Planning and Zoning Commission be designated in the Resolution as a member of the combined group. City Attorney Bentz reported that the makeup of the combined group was that of the City Streets and Infrastructure Committee and Ely Community Projects Committee, which includes citizens of the community. Council member Debeltz withdrew his motion, Council member Omerza withdrew her support. Moved by Debeltz supported by Omerza, that proposed Resolution be amended to state “Committee” rather than Commission, and referred to the Community Projects/City Streets and Infrastructure Committee for review and recommendation back to the Council. Carried unanimously. Council member Debeltz offered the following resolution: Resolution 2008-13 Resolution Calling For a Public Hearing On A Project By Ely Bloomenson Community Hospital and Nursing Home Corporation Under Minnesota Statutes, Chapter 469. BE IT RESOLVED: By the City Council of the City of Ely, St. Louis County, Minnesota (the “City”) as follows: 1. Authority. Minnesota Statutes Sections 469.152 through 469.165, as amended ( the “Act”) authorizes a city to issue revenue obligations to finance a project consisting of any properties, real or personal, used or useful in connection with a revenue producing enterprise engaged in providing health care services, including hospitals, nursing homes, and related medical facilities. 1. The City will conduct a public hearing on the issuance of revenue obligations and the proposal to undertake and finance the Project, pursuant to the requirements of Minnesota Statutes, Section 469.154, Subd. 4, and Section 147 (f) of the Internal Revenue Code of 1986, as amended. 4. City Costs. Approval of this resolution is subject to the agreement by the Corporation that it will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in conjunction with the Project and the issuance of the obligations, whether or not the Project is carried to completion, or the obligations are issued. 5. Rights reserved. Nothing in this resolution shall be construed as an indication of an intent to approve this Project and issue the proposed obligations. The Council specifically reserves the right to approve or disapprove the request after said public hearing. Motion for the adoption of the foregoing resolution was made by Council member Debeltz, seconded by Council member Zupec, and declared carried on the following vote: YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6) NO: None (0) ABSENT: Mayor Novak (1) Adopted this 18th day of March 2008. Council member Omerza offered the following resolution: 2008-14 Resolution of the City of Ely, Minnesota, Eliminating the Title of City Administrator WHEREAS: The City of Ely is a Municipal Corporation governed under the Charter of the City of Ely with powers vested in its City Council, and WHEREAS: The City of Ely previously expanded the role of the City Clerk-Treasurer to include additional duties for administration; and WHEREAS: The City of Ely described that position as City Clerk-Treasurer/Administrator and also referred to it as City Administrator; and WHEREAS: The City of Ely no longer desires to maintain such a City Administrator position and desires only to appoint a City Clerk-Treasurer as defined in Section 6.02 of the Charter of the City of Ely. NOW, THEREFORE BE IT RESOLVED: By the City Council of the City of Ely, that: The position of City Clerk-Treasurer shall no longer include the expanded administrative duties of a City Administrator, and no such City Administrator position shall exist. Motion for the adoption of the foregoing resolution was made by Council member Omerza, seconded by Council member Debeltz, and declared carried on the following vote: YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Acting Mayor Nikkola (6) NO: None (0) ABSENT: Mayor Novak (1) Adopted this 18th day of March 2008. Council member Sheddy requested placement on tonight’s agenda relative to vacant office space at the Ely City Hall. He suggested that with the hiring of a Confidential Accounting Clerk, that individual’s office be located in the former water and light billing office, which would be across the hall from the City Clerk’s Office, recommending that the former City Administrator’s Office downstairs be used for police department office space as the D.A.R.E. Office is already located there. Police Chief Manning commented that moving to the basement office will not work for the Ely Police Department, due to lack of access by the public. The Council recommended that this matter be referred to the Deputy Clerk, Police Chief and the Buildings Facility Group for review and recommendation back to the Council. Moved by Sheddy supported by Omerza, that the meeting adjourn. Carried unanimously. Adjournment at 7:50 P.M. Patricia M. Wellvang Deputy Clerk City of Ely |