Regular Meeting Ely City Council – City Hall, Council Chambers June 7, 2022 – Minutes
CALL TO ORDER: The regular meeting of the Ely City Council was called to order by Mayor Skraba at 5:30pm in the Council Chambers. PRESENT: Council Members A.Forsman, Kess, Omerza, Callen, Campbell, and Mayor Skraba ABSENT: Council Member Debeltz
APPROVAL OF MINUTES: Campbell/Callen moved to approve minutes from the May 17, 2022 Regular Council Meeting and May 31, 2022 Study Session. Motion Carried 6-0-1 with Debeltz Absent.
ADDITIONS OR OMISSIONS TO AGENDA: A. Additions 8.A.b. Ely Utilities Commission Public Hearing Minutes B. Additions 9.A. 2022 Public Works Vehicle C. Additions 9.A. Hidden Valley Mt. Bike Trails D. Additions 9.E Schedule a public hearing regarding Ordinance 358 on June 21, 2022 at 4:45pm and Ordinance 357 and 359 on June 21, 2022 at 5pm. E. Additions 9.E. Mortgage Satisfactions F. Additions 13.G. Consider renaming 7th Avenue between Sheridan Street and Harvey Street - Linda Fryer Way Omerza/Callen moved to approve the Additions A-F. Motion Carried 6-0-1 with Debeltz Absent.
CONSENT AGENDA: Kess/Omerza moved to waive the readings in entirety of all ordinances and resolutions on tonight’s agenda. Motion Carried 6-0-1 with Debeltz Absent.
COMMITTEE REPORTS: Standing/Special Planning and Zoning and Board of Adjustment Matter of Information: Board of Adjustment approved the Conditional Use Permit from Midcontinent Communications to construct a 16’x30’ communications building for providing upgraded fiber to premise services in and around the Ely area with the following conditions: The OTN Building must be turned/constructed in a way that emits the least amount of noise toward the closest neighboring residential properties, and that there shall not be any storage of vehicles or equipment on the property without prior approval from the City Clerk.
Ely Utilities Commission & EUC Public Hearing Minutes A.Forsman/Campbell moved to approve the recommendation from EUC to approve the proposal from Lake States Construction, not to exceed $5000 to bore conduit at the Trailhead. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Omerza moved to approve the recommendation from EUC to approve the proposal from JPJ Engineering for the water main loop installation on 9th Avenue between Pattison and James St for $42,137.00. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Campbell moved to approve the recommendation from EUC to approve the payment to AE2S for the WWTF Project for $21,138.90. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Omerza moved to approve the recommendation from EUC to approve the payment to Minnesota Power for Substation Metering for $1600. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Omerza moved to approve the recommendation from EUC to approve the $2,224.87 CIP rebate payment to Ely Liquor. A.Forsman stated that this is a great opportunity for businesses to reduce their energy load. Langowski indicated that we have a business consultant with Frontier Energy that can come into your business and do a walk through to see how you can reduce your energy consumption. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Campbell moved to approve the recommendation from EUC to approve the $500 payment to Mick Shusta for services at the WWTF. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Callen moved to approve the recommendation from EUC to approve the payment of the April EUC Bills for $362,533.54. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Campbell move to approve the recommendation from EUC to approve the partial payment to Rice Lake Construction Group for the WWTF Project for $123,499.05. Motion Carried 6-0-1 with Debeltz Absent.
Housing & Redevelopment Authority (HRA) Campbell/A.Forsman moved to approve the recommendation from HRA to approve the updated Bylaws of the Housing and Redevelopment Authority of Ely, Minnesota. Attorney Klun stated that the term limits of the HRA members have been changed to coincide with what the city has in the charter, the HRA did not have term limits in their by-laws before. Motion Carried 6-0-1 with Debeltz Absent.
Pioneer Mine Ely Arts and Heritage Committee: Minutes included in the Council Packet
Range Association of Municipalities & Schools (RAMS): Minutes included in the Council Packet
Omerza indicated that Park and Recreation Board did not meet this month, but the Garden Club is meeting every Tuesday and they are always looking for more volunteers. The Whiteside Park is looking great with the new wood chips that were put down. Omerza mentioned to make sure dogs are on a leash when you are walking them on the Trezona Trail and around town and also to make sure you pick up after your dog, there are numerous garbage cans around the Trezona.
DEPARTMENTAL REPORTS: Clerk-Treasurer 2022 Public Works Vehicle A.Forsman/Omerza moved to approve the purchase of a GMC 1 Ton Regular Cab Red Truck for $45,416.53 from Ken Washke Auto Plaza. Motion Carried 6-0-1 with Debeltz Absent.
Hidden Valley Mt. Bike Trails Langowski stated that when the project was bid in 2021 we were unable to award the portion of the trail due to the bid being over budget. We have now secured a $50,000 IRRR grant and the required matching funds have been raised by the Ely Nordic Ski and Bike Club. The current work estimated to cost $81,155.77 plus project administration. Path Finders is looking to start this work in June. To ensure the materials are available for project completion we are required to pay 50% - $9,845.63 for the trail features to get them manufactured. This project will complete the 9.2 miles of Mt Bike Trails we originally set out to complete. Kess/Omerza moved to approve the change order to complete Loop E of the Hidden Valley Mt. Bike Trails for $81,155.77 plus project administration. Motion Carried 6-0-1 with Debeltz Absent.
Langowski discussed the bio solids hearing that was had with the Utilities Commission. Langowski discussed the process at the plant for bio solids and how they are disposed of. The bio solids that are generated at the Wastewater Treatment Facility, with our activated sludge process, the bio solids that we produce are thickened on site, lime stabilized, and then we spread them on farmer’s fields, for beneficial reuse to add additional nitrogen for their crops to grow. The majority of our farm fields are hay, for those that either have cattle or horses. One of the issues we have is with not a lot of agriculture going on in our close vicinity, we haul bio solids over 65 miles each direction. With not having these sites closer and with gas prices at over $5 per gallon it is going to affect the utilities bottom line and our rates in the future. The bio solids are a beneficial reuse and the MPCA really wants us to do this process. Another alternative is to haul the bio solids to the landfill, to haul them to the land fill you have to dewater them and get them to a solid state, which is very expensive as well. We will be looking into that proces overtime, as another alternative. A.Forsman stated that during the public hearing the beneficial reuse the crop yield was 4 times greater with the application of bio solids to these fields compared to without. It is a very beneficial fertilizer that helps to grow hay. Kess stated that in other areas farmers pay to get this done to their fields. Langowski indicated they do pay in other areas, we offer it with no fee, we haul between 780,000 and 840,000 gallons per year, it is approximately 95% water, so the solids portion is low. Some other communities are looking at doing a portable press, which would dewater the material and then it would be deposited in the regional landfill, which is an option out there that we are going to have to start looking at. This is just one site, we used to have some property permitted at Northshore Mining and we haven’t been able to apply there for over 15 years. Other properties in the Wassa and Embarrass area are either no longer farming or had issues with public perception so we haven’t been able to apply to those sites.
Fire Chief Chief Marshall discussed the recent calls for the fire department.
Library Director Library Director Heinrich discussed the current programing at the Library which can be found on the Library website.
Police Chief Chief Houde stated that the Police Department is putting on a Bike Rodeo on June 18 from 11-2pm in the Library Parking Lot. They will be reviewing bicycle safety laws and signals, have a riding course to practice. The 4th of July Committee will be handing out decorations to those kids that would like to participate in the 4th of July Parade.
Chief Houde indicated that Christian Deinhammer provided his 2 week notice, as he is going to be working for Lake County. Kess/Callen moved to accept the resignation of Christian Deinhammer, his last day will be June 21, 2022, and to send him a thank you for his years of service. Motion Carried 6-0-1 with Debeltz Absent.
Quotation for Signage on the City Streets around the school for the new safe school drop-off Houde stated that with the new drop off circles for school next year additional signage is needed for safety. They are moving the old elementary drop off from 4th Avenue to Harvey Street by creating another circle for drop off on Harvey St. They are recommending removing parking during school hours on the Southside of Harvey Street between 4th and 7th Avenue. Mayor Skraba commented on the one way’s in the parking lot and in the circles. Kess asked about parking during school events. Houde discussed the parking in the circles and what the school has decided to do, there are a couple parking spots in the circles, but most of it is a fire lane for emergencies. Chief Marshall indicated that the school plans on doing information handouts for the parents before school starts to explain the new drop offs. Kess/Omerza moved to accept the quotation from M-R Signs for signage for around the school with the new student drop off, with acceptable changes if needed. Mayor Skraba asked about the parking during Blueberry and other times of the year. Chief Houde stated that the no parking will only be during school times. Kess/A.Forsman Called the Question. Motion Carried 6-0-1 with Debeltz Absent. The original motion was then voted on. Kess/Omerza moved to accept the quotation from M-R Signs for signage for around the school with the new student drop off, with acceptable changes if needed. Motion Carried 6-0-1 with Debeltz Absent.
City Attorney Omerza/Callen moved to approve the 2nd Reading Ordinance No. 356 2nd Series An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 20, Section 20.1.27, Entitled Zoning Map Amendment. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Absent, Omerza-Yes, Callen-Yes, Campbell –Abstain, Mayor Skraba- Yes. Motion Carried 5-0-1-1 with Debeltz Absent and Campbell Abstaining.
Omerza/Kess moved to approve the 1st Reading Ordinance No. 357 2nd Series An Ordinance of the City of Ely, Minnesota Amending Chapter 17, the Licensing of Short Term Rental. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Absent, Omerza-Yes, Callen-Yes, Campbell –Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Omerza moved to approve the 1st Reading Ordinance No 359 2nd Series, An Ordinance of the City of Ely, Minnesota Amending Chapter 11, Section 11.40 Regulating List of Permissible and Conditional Uses. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Absent, Omerza-Yes, Callen-Yes, Campbell –Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Omerza moved to approve the 1st Reading Ordinance No. 358 2nd Series, An Ordinance of the City of Ely, Minnesota Amending Chapter 20, Section 20.2 Sales of Land City Code of the City of Ely. Attorney Klun stated the Purchase Agreement has been signed and we are moving to closing. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Absent, Omerza-Yes, Callen-Yes, Campbell –Abstain, Mayor Skraba- Yes. Motion Carried 5-0-1-1 with Debeltz Absent and Campbell abstaining.
A.Forsman/Kess moved to schedule a public hearing regarding Ordinance 358 on June 21, 2022 at 4:45pm and Ordinance 357 and 359 on June 21, 2022 at 5pm. Motion Carried 6-0-1 with Debeltz Absent.
A.Forsman/Callen moved to approve the Mortgage Satisfactions for: • Donald Chinander a/k/a Don Chinander dated November 14, 2018 recorded as Document No. 01344736 • Madalynne A.Reese and Kathleen M. Quigley dated April 21, 2021 recorded as Document No. 1039558.0 • Ely Area Senior Citizens, Inc dated June 26, 2020 recorded as Document No. 01383724 Motion Carried 6-0-1 with Debeltz Absent.
COMMUNICATIONS: A. RAMS letter requesting for a legislative special session and pass the remaining unfinished business from the regular legislative session. Kess/Omerza moved to send a letter of support to the legislatures to encourage them to have a special session. Motion Carried 6-0-1 with Debeltz Absent. B. Thank you from the Ely Area Senior Citizens Inc. – Matter of Information C. Correspondence from the MN State Demographic Center regarding the annual population and household estimates. –Matter of Information
CLAIMS FOR PAYMENT: A. City and EUC claims for June 7, 2022 - $50,576.21 B. SEH Invoices for the Prospector ATV Phase 2– Invoice Number 424801 for $1164.00 and Invoice Number 425985 for $11,033.00 C. Pay Estimate #2 for the Ely WWTF Improvements Project for $123,499.05 to Rice Lake Construction Group. A.Forsman/Campbell moved to approve the Claims for Payment items A-C. Motion Carried 6-0-1 with Debeltz Absent.
OLD BUSINESS: A.Forsman/Campbell moved to accept the request from Jean Zaverl at Zaverls Bar to waive the fee for music under the “old” amplification permit for $75 per event to a one-time fee of $75 for the 4 months of summer will be the “new” permit, for the included list of dates within parameters of the ordinance. Langowski indicated that he is in support of this; it is more of an administration fee on these permits. We know the business owner and if these events were to cause some major noise disturbance that would be different. A.Forsman’s concern was that the additional events do not have a time. Forsman indicated that the other 2 times for 4th of July is 11:30pm and Blueberry weekend is 11pm. Chief Houde thought that the time was 11pm, but would need to look it up to make sure. Kess asked if we are changing the ordinance if we are allowing this. Attorney Klun indicated that the council is just making an exception for and ongoing business which has operated in good practice, the council has the discretion to do this. A.Forsman asked if complaints arise can we make changes to this permit. Attorney Klun stated that we can rescind the permit or work with the property owner. Motion Carried 6-0-1 with Debeltz Absent.
Omerza/Kess moved to approve Resolution 2022-018 Resolution Authorizing the Number of Short Term Rentals in the City of Ely. Mayor Skraba indicated that this will set the limit at 35 in residential areas and we will not have a limit in commercial areas. Right now we have 25 that are licensed in the residential area so we only have 10 left at this time. Roll Called: Council Member A.Forsman – Yes, Kess-Yes, Debeltz-Absent, Omerza-Yes, Callen-Yes, Campbell –Yes, Mayor Skraba- Yes. Motion Carried 6-0-1 with Debeltz Absent.
NEW BUSINESS: A. Callen/A.Forsman moved to approve the Notice of Award for the 2022 Street Improvements/Spaulding Phase III Project to Utility Systems of America, Inc for $1,005,359.00. Kess asked what funds were being used to pay for this project for the public knowledge. Langowski indicated that $700,000 was budgeted for which is a combination of property tax levy and the $5 Street and Infrastructure fee for the 2022 Street Improvements and for the $300,000 Spaulding Project we will pay for with fund balance reserves and then it will be paid back into the reserves once the lots sell. Most of the money is local from property taxes; we do have a request from the IRRR for $150,000 for the Spaulding Project. Motion Carried 6-0-1 with Debeltz Absent.
B. A.Forsman/Omerza moved to approve the Contract Change Order #1 for the 2022 Street Improvements/Spaulding Phase III Project increasing the contract by $42,137.00 for the water main loop for the 2022 Street Improvements on Pattison St. Motion Carried 6-0-1 with Debeltz Absent.
C. Callen/Campbell moved to approve the Residential Rehab Loan for Madalynne Reese and Kathy Quigley at 1139 E Washington St for a new propane furnace for up to $7,380.00 pending proper paperwork and fees, and to direct Attorney Klun to work with the applicant and to proceed with the loan processing. Motion Carried 6-0-1 with Debeltz Absent.
D. Callen/A.Forsman moved to approve the Residential Rehab Loan for John Bowe and Rosemary Shepherd at 246 N 5th Ave E to repair and replace the roof for $10,000 pending proper paperwork and fees, and to direct Attorney Klun to work with the applicant and to proceed with the loan processing. Motion Carried 6-0-1 with Debeltz Absent.
E. Campbell/Kess moved to approve the Young Life request for in-kind services from the City of Ely for the 4th of July Activities in Whiteside Park. Motion Carried 6-0-1 with Debeltz Absent.
F. Campbell/Omerza moved to accept the Proposal from GovOffice the City of Ely’s website provider to update our current website for $4195 per year for 4 years. Langowski indicated that we have been working on updating the website for some time; GovOffice is who has hosted our website since its inception. It used to be around $800 per year and we would pay a bigger lump sum to do updates to the website, but now they have changed it to be spread out over several years. This ensures that our website is ADA compatible, there are a lot of new things with websites that we have to make sure we are covering, this will also update the content and formatting of the website. Langowski indicated that we generate the content and they have the platform for us to update the content. With this upgrading they will provide training, Casey is the main person that updates our website and updating the data. Kess asked about the training, it states that training is at no additional charge, is this training that we request or do they offer training. Langowski stated that it would be the training that they offer and what we request. Once the website is updated they will give us training and we can ask for more training in the future. Velcheff indicated that she has pretty been self-taught with adding content to the website and is excited for the opportunity for training to continue to make the website run smoother. A.Forsman stated that by approving this it would make it much easier for Velcheff to manage the website and make it a more user friendly website for our constituents. Omerza stated that this company, GovOffice, understands what the needs are for cities and what the mandates are, so we don’t accidently do something we should not be doing, the compliance with the ADA is a big thing. It is also important that we don’t have Casey spending all her time trying to figure out how to put content on the website; her time is valuable to us. Langowski stated that at one time website developer was a part time position in the City of Ely, we had civil enforcement, planning and zoning and website combined into one positon. At that time is was more expensive with the labor, but over time it has fallen on the deputy clerk’s desk. Mayor Skraba stated that as long as Langowski and Velcheff are comfortable with the program, it will be beneficial to the public to have the website updated. Motion Carried 6-0-1 with Debeltz Absent.
G. Omerza/Campbell moved to rename 7th Avenue from Sheridan Street to Harvey Street – Linda Fryer Way. Mayor Skraba indicated that Linda’s Celebration of Life is on June 23rd and we are hoping to do a dedication of Linda Fryer Way that morning and to also Proclaim June 23rd as Linda Fryer Day. Motion Carried 6-0-1 with Debeltz Absent.
ADJOURN: Omerza/Campbell moved to adjourn the council meeting at 7:07pm. Motion Carried 6-0-1 with Debeltz Absent.
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