2. ROLL CALL: PRESENT: Council members Debeltz, Kess, Nikkola, Omerza, Polyner, Sheddy and Mayor Petersen (7) ABSENT: None

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1 Ely City Council Regular Meeting Minutes, October 7, CALL TO ORDER The Ely City Council Regular Meeting was called to order by Mayor Petersen at 5:30pm on October 7, 2014 at the Joint Maintenance Facility. 2. ROLL CALL: PRESENT: Council members Debeltz, Kess, Nikkola, Omerza, Polyner, Sheddy and Mayor Petersen (7) ABSENT: None 3. APPROVAL OF MINUTES: Nikkola/Debeltz moved to approve Minutes from September 16, 2014 Regular Meeting, September 30, 2014 Special Council Meeting and September 30, 2014 Study Session. Motion carried 4. ADDITIONS OR OMISSIONS TO AGENDA: A. Addition: 9.E.vi. Reed Road to be discussed in a closed session at the end of this meeting. Debeltz/Omerza moved to approve addition A. Motion carried B. Addition: 9.B. MN State Fire Chief Conference Kess/Debeltz moved to approve addition B. Motion carried 5. MAYOR S REPORT 6. CONSENT AGENDA: A. Motion to waive readings in entirety of all ordinances and resolutions on tonight s agenda. Omerza/Debeltz moved to approve consent agenda item A. Motion carried 7. REQUESTS TO APPEAR: 8. COMMITTEE REPORTS: A. Council member Nikkola reminded everyone of the Projects Meeting next Monday at 5pm at the Joint Maintenance Facility. Clerk Langowski gave a brief report on the two pieces of maintenance equipment that were planned for replacement in the budget for 2014 and The 72 wide 1993 skid steer will be replaced with a 48 wide tracked loader. Bid to be accepted is from TEREX ASV - $34, The 1993 skid steer will be put up for sale and proceeds from the sale will be put toward the purchase of new equipment. The 1981 single axle sanding truck will be replaced with a single axle International dump truck with a 11 power angling plow. Bid to be accepted is from the State for $83, This equipment will not be delivered until January and would be a 2015 expense. Debeltz/Nikkola moved to approve the purchases of the two pieces of equipment as described above. Motion carried Kess/Debeltz moved to approve for the City to call for bids for new equipment at the Airport to aid in the clearing of brush and plowing along the runway. Possible 80/20 funding will be offered through MnDot. Motion carried Clerk Langowski stated they are trying to organize a meeting with MnDot & the Airport Commission at the November Council Study Session. Council member Omerza stated that the League has draft policies from the state level on the internet for people to review. She also, stated that the three candidates that presented at the

2 Gubernatorial Forum were all in favor of not cutting LGA. CGMC is taking the MN Pollution Control Agency to court regarding issues with Waste Water Treatment Plants. TAB will be meeting tomorrow at 4pm in the CC. Omerza/Sheddy moved to approve the Library Board s recommendation on the Distribution Chart of Library items to allow Library Director Heinrich to dispense of these items as identified on the List. Motion carried Omerza/Kess moved to approve for the Library Director to distribute at her discretion the miscellaneous items not on the Public Library Property Recommended Distribution Chart. Motion carried Rachel Heinrich stated that it is part of the Library Grant to designate areas around the Library campus as either smoking or non-smoking. She will take this issue under advisement with the City Attorney. Clerk Langowski stated the Park & Rec Board has a full committee. At the last Park & Rec meeting discussion ensued on various park projects along with other suitable locations for a possible skate park and also a dog park. Council member Polyner reported on the HPC current activities. They received bids from interested parties to prepare the documentation to get the Community Center listed on the National Register of Historic Places. They would like John Rova to do the project at his bid price of $7,000. They are asking approval from the council at this time to apply for a SHPO Grant to fund this project. Deadline to apply for the grant is October 10, The grant would be awarded in December 2014 and then work on the application for the Historic Register would begin in January if grant funds were awarded. Discussion by the Council members and Mayor included concerns regarding the ownership of the building and whether this would limit any potential owner s prospects for the building. Attorney Klun stated that at this time it does look favorable that the Foundation will be taking ownership of the building by the end of the year and they are in favor of the building being placed on the National Historic Register. Being on the Register would give the Foundation access to more funding options to upgrade the building. Polyner/Kess moved to approve the HPC to apply for the SHPO Grant for the Professional Services to submit application for the Community Center Building to be placed on the National Register of Historic Places. Motion carried Polyner also reminded everyone of the Design Team visit this weekend. They will have a welcome reception this Thursday night at the High School cafeteria to get acquainted with their host families. Their public meeting will be on Friday, October 10 th at Amici s at 6p and then the team will present a final report of their visit on Saturday, October 11 th at VCC. Sheddy/Debeltz moved to approve for Council member Sheddy to organize the placing of a live Christmas Tree in Whiteside Park for the Holiday Season. There will be no cost to the City for this project. The Mayor said he has a tree in his yard that Gordon can have cut down. Motion carried 9. DEPARTMENTAL REPORTS: A. Clerk-Treasurer 2

3 i. EUC Consent Agenda Items: The following items of business were recommended for approval at the regular EUC meeting of Wednesday, September 24, 2014: 1. Approved payment of $11, to Utility Systems of America, Inc. for lining a sanitary sewer. 2. Approved payment of the August EUC Bills List for $359, Approved payment of the Electric Pump Invoice # for $8, Approved payment of the Water Tower Clean & Coat, Inc. Invoice #WT77730 for $10, for repair of the water tower. Debeltz/Nikkola moved to approve the EUC consent agenda items 1-4. Motion carried ii. Equipment Replacement bids B. Fire Chief Kess/Debeltz moved approval for the Fire Chief and one officer to attend the Annual MN State Fire Chiefs Association Conference in St. Cloud this October, Motion carried C. Library Director D. Police Chief E. City Attorney: i. Omerza/Nikkola moved to approve the first reading of Ordinance 295, 2 nd Series amending the City Code, Chapter 3 Municipal & Public Utilities-Rules and Regulations, Rate, Charges and Collections, section 3.07 related to the Franchise Fee to be reduced to $1.00 (one dollar). Roll called: Debeltz-yes, Kess-yes, Nikkola-yes, Omerza-yes, Polyner-yes, Sheddy-yes and Mayor Petersen-yes. Motion carried ii. Kess/Sheddy motioned to clarify that the Planning & Zoning Commission is an advisory committee and all actions and recommendations from their meetings and the Board of Adjustments must come before the Council for their approval and the Mayor and Clerk are to sign all documents necessary for recording with the County such as variances and conditional use permits. Motion carried Kess/Debeltz moved to approve the Conditional Use Permit for Kara Polyner s building on 15 W Conan St and to amend the signatures on the document to be the Mayor and Clerk s. Motion carried 6 to 1 with Polyner abstaining. iii. iv. They are still waiting for the deed to be released on the State Theater and Salerno Building which could take up to 6 weeks. Omerza/Sheddy moved to approve the Annexation Request from Laura McEntyre on her property: Lot 12, except the westerly 30 feet, all of Lot 13 and the westerly 8 feet of Lot 14, Shagawa Plat parcel code , and to allow the hookup to City sewer and water. This property which does abut City property needs to get Township approval as well. Motion carried 3

4 v. Attorney Klun stated the City s Waste Contract with the G-Men is coming due in November. This contract will be discussed at the next Sanitation Committee meeting and then brought back to council for their approval. F. City Engineer 10. COMMUNICATIONS: A. CGMC report from Heidi Omerza, President, Coalition of Greater MN Cities B. St Louis County Public Works Dept public information meeting at Pioneer Apts on Tuesday, October 14, 2014 at 6:00pm. C. Eric Mayranen requests a review of the contract language which will be part of the timber sale contract. Omerza/Debeltz moved to authorize Attorney Klun to work with Mr. Mayranen on the timber sale contract for the Lucky Boy and Airport property areas. Motion carried D. Ely-Bloomenson Community Hospital Board of Directors meeting will be held on Monday, December 1, 2014 at the Hospital. 11. CLAIMS FOR PAYMENT: A. City and EUC claims for October 7, $466, Debeltz/Omerza moved to approve claims for payment item A. Motion carried B. Partial Pay Estimate No. 2 for the 10 th Ave E/1 st Ave E St. Improvement Project to KGM contractors for $90, Nikkola/Omerza moved to approve claims for payment B. Motion carried C. TL Construction, Inc Application #3 for City Hall Project - $271, Debeltz/Omerza moved to approve claims for payment C. Motion carried D. TL Construction, Inc Application #4 for Ely Library Project - $293, Debeltz/Omerza moved to approve claims for payment D. Motion carried E. Utility Systems of America, Inc Partial Payment Estimate #2 for Project # st Ave E Sewer/Conan/White St. - $108, Nikkola/Debeltz moved to approve claims for payment item E. Motion carried 12. OLD BUSINESS: A. Sheddy/Nikkola moved to approve the City assists Ms. Smith to clean up the blight issues on her property. Motion carried 13. NEW BUSINESS: A. Debeltz/Omerza moved to approve Tina Brown s request for City Rehab Loan in the amount of $9, to help pay for the demolition project at 15 S 1 st Ave. Motion carried 4

5 B. Nikkola/Debeltz moved to approve Audit Services Agreement from Walker, Giroux & Hahne for year ended Motion carried C. Kess/Nikkola moved to approve the appointment of Alyssa Nelson as the VCC representative on the Park & Rec Board. Motion carried D. Debeltz/Sheddy moved to approve the appointment of Sarah Malick to the open seat on the Planning & Zoning Commission. Motion carried E. Event Coordinator Proposal from the Ely Chamber of Commerce was presented to the Council. Joint funding for this position will be between The City of Ely ($10,000), the Ely chamber of Commerce ($10,000), and the Merchant Committee of the Chamber ($5,000), the Tourism Bureau ($10,000) and Incredible Ely ($5,000). Upon acceptance of this agreement, a series of events and festivals will be planned and executed within the course of the next three years, to be overseen by the Chamber. This agreement will not pertain to events currently operated by the Chamber, including Blueberry festival, Harvest Moon and Tuesday Night Live. All events and budgets for these events will be approved by the Chamber Board prior to planning and execution. This agreement would begin Nov. 1, Mayor and Council were all in favor of this proposal. The proposal still needs final approval by all entities before it comes back to the Council for their final approval. F. Omerza/Nikkola moved to approve State Aid for Local Transportation Resolution # approving County Project within Municipal Corporate Limits. WHEREAS, plans for Project No showing proposed alignment, profiles grades and crosssections for the construction, reconstruction or improvement of County State-Aid Highway No.155 (8 th Ave) within the limits of the City of Ely as a State Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. Roll called: Debeltz-yes, Kess-yes, Nikkola-yes, Omerzayes, Polyner-yes, Sheddy-yes and Mayor Petersen-yes. Motion carried G. Omerza/Debeltz moved to approve Resolution # declaring a Decorative Lighting District. 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 by approval of the City Council designates that the area of 8 th Avenue from James Street to Camp Street as a Decorative Lighting District. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ely, Minnesota does hereby adopt this resolution. Roll called: Debeltz-yes, Kess-yes, Nikkola-yes, Omerza-yes, Polyner-yes, Sheddy-yes and Mayor Petersen-yes. Motion carried H. Debeltz/Omerza moved to approve Resolution # authorizing the City Clerk to make application to the IRRR Public Works FY2014/2015 Infrastructure Grant Program for the planned Vermilion Community College Housing Complex. WHEREAS, the City Council approves of the above application because it supports community and economic development. WHEREAS, that Vermilion Community College is a vital employer and respected educational institution within the City of Ely. WHEREAS, the City of Ely approves the application for these funds as the second priority project for the City of Ely in 2015 with the Airport Project being the number one priority. NOW, THEREFORE BE IT RESOLVED, that the City Council of Ely, Minnesota does hereby 5

6 adopt this resolution. Roll called: Debeltz-yes, Kess-yes, Nikkola-yes, Omerza-yes, Polyner-yes, Sheddy-yes and Mayor Petersen-yes. Motion carried I. Nikkola/Omerza moved to approve Resolution # authorizing the City of Ely to make application to and accept funds from the CDBG Program for 8 th Ave E Utility Improvements. WHEREAS, the authorizing authority approves of the attached preapplication for the Community Development Block Grant Program, and WHEREAS, the authorizing authority hereby agrees to accept funding of up to $200,000 if approved by the CDBG, and WHEREAS, the proposed project will address aging water mains and sanitary sewers located on 8 th Avenue East between Boundary Street on the South and Camp Street on the North, and WHEREAS, St. Louis County Public Works is planning a major reconstruction of 8 th Avenue East (CSAH 155) in 2015 which will require the City of Ely to make $290,000 improvements to the existing water mains and sanitary sewers located in this area, and NOW, THEREFORE BE IT RESOLVED, that the authorizing authority of the City of Ely, does hereby adopt this Resolution, and FURTHER RESOLVES, that the amount received from CDBG and the City s portion required for the completion of this program is hereby appropriated and included in the applicable fiscal year s budget. Roll called: Debeltz-yes, Kess-yes, Nikkola-yes, Omerza-yes, Polyner-yes, Sheddy-yes and Mayor Petersen-yes. Motion carried J. Debeltz/Omerza moved to approve Resolution # authorizing execution of Grant Agreement between the Ely Police Dept and MN Dept of Public Safety for the Project Safe and Sober Communities. WHEREAS, the Ely Police Department has entered into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled Safe & Sober Communities during the period of October 1, 2014 through September 30, WHEREAS, the Virginia Police Department is hereby authorized to execute the grant, be the fiscal agent and administer this grant on behalf of the Ely Police Department. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ely, Minnesota does hereby adopt this resolution. Roll called: Debeltz-yes, Kess-yes, Nikkola-yes, Omerza-yes, Polyner-yes, Sheddy-yes and Mayor Petersen-yes. Motion carried 14. OPEN FORUM: None Nikkola/Omerza moved to close the meeting at 7:30pm after a 5 minute recess for a discussion with Attorney Klun regarding Reed Road. Motion carried Meeting was reopened at 7:42pm. Nikkola/Omerza moved to authorize City Attorney to file Counter Claim and to work with all interested parties on the Reed Road Access Lawsuit. Motion carried 15. Nikkola/Omerza moved to adjourn the meeting at 7:44pm. Motion carried Claire Huisman Deputy Clerk 6