Legals for February 24, 2024
Regular Meeting Ely City Council – City Hall, Council Chambers
February 6, 2024 - Minutes
CALL TO ORDER
Mayor Omerza called the council meeting to order at 5:30pm.
PRESENT: Council members A.Forsman, Debeltz, Callen, Campbell, Bisbee, and Mayor Omerza
ABSENT: Council Member Kess
APPROVAL OF MINUTES:
Debeltz/Campbell moved to approve the minutes from the January 16, 2024 Regular Council Meeting and January 16, 2024 Public Hearing. Motion Carried 6-0-1 with Kess Absent.
ADDITIONS OR OMISSIONS TO AGENDA:
A.Additions 7.B. Cindy Smyka – Update on Ely Area Tourism Bureau 2023 Recap
B.Additions 13.A. Resolution 2024-009 Resolution Appointing Election Judges for the 2024 Presidential Nomination Primary Elections
C.Additions 13.B. Water/Wastewater Operator I, II, III, IV Job Description
A.Forsman/Bisbee moved to approve the Additions A-C. Motion Carried 6-0-1 with Kess Absent.
MAYOR’S REPORT:
Mayor Omerza indicated that it was a busy weekend in town with all the Winter Festival activities happening.
CONSENT AGENDA:
Debeltz/Callen moved to waive the readings in entirety of all ordinances and resolutions on tonight’s agenda. Motion Carried 6-0-1 with Kess Absent.
REQUESTS TO APPEAR:
Grant Spickelmier, Executive Director & Krista Woerheide, Interpretive Center Director– International Wolf Center
Woerheide indicated that they have been making a lot of improvements to the center in the last year. Last winter they had a brand-new A/C unit installed, and a new Arctic Wolf Eco System exhibit was created. The International Wolf Center does a lot of virtual programing including out of state virtual programing with schools so they updated the background wall for the virtual programing. They have installed 14 web cameras, 3 of which are for public viewing. They worked with Zone 3 Gardens to update the outside foliage, plants and shrubs. They invested in a truck with a lift gate so when they go pick up road kill for the wolves to eat it is easier to pick them up. The Wolf Center got a new sign on Highway 169. They have been working with the accessibility at the Wolf Center, they have had videos made for programs with ASL interpretation and have an iPad for visitors to use for ASL, and they have a motorized scooter for people to use. They also put new carpeting in the auditorium. This last year they have expanded the staff by adding a Facilities Supervisor Position and they plan on adding more positions in 2024.
Spickelmier indicated that the Wolf Center still needs funding for a new roof, HVAC system, General Drainage Improvements, Improvements to the entrance and lobby to improve accessibility, improve visitor access and security and other exterior repairs and site improvements including window replacements and re-staining building exterior. Spickelmier stated that the building is owned by the MN DNR and they are looking for state bonding money. They are asking for $2.1 Million and would love to get the city’s support.
Debeltz/A.Forsman moved to write a letter of support for the International Wolf Centers bonding request. Motion Carried 6-0-1 with Kess Absent.
Omerza stated that she appreciates how they educate Ely and beyond, it is good to get different view points for others.
Cindy Smyka – Update on Ely Area Tourism Bureau 2023 Recap
Smyka indicated that the lodging tax comes in February for Quarter 4, currently they have through Quarter 3’s numbers. The tourism bureau has signed an agreement with the USDA Forest Service- Superior National Forest. They are working on a Superior National Forest for All Project. The Campaign is projected to reach 600,000+ people and they plan on doing quarterly newsletters and monthly by 2025. The Tourism Bureau is also working on seasonal guides, the spring and summer digital guide has been finalized and will be published and promoted by 2024, and they will continue to work on the Fall and Winter guides. The social media Facebook and Instagram 2023 metrics snapshot: they reached 695,600 people, an increase of +395.8% over 2022, they had 45,100 content interactions, an increase of +304.8% over 2022. EffecTV Campaign had 470,694 streaming impressions in 2023, and the average watch through rate is 60%. They have 3 podcasts out right now, Forest North a collaboration with the Forest Service, What’s Up Ely?, and My Ely Story. Smyka discussed the lodging tax report, though 2023 Quarter 3 with the amount held by Lake County for Ely Area Short Term rentals is $334,880.44.
Smyka indicated that the goals for 2024 are the seasonal guides to be released, working with the Ely Heritage Preservation Commission Walking Tour, MN monthly digital geofencing campaigns, Superior National Forest for All Campaign launch, a successful launch and ongoing effort of email marketing, Podcast growth, and others.
COMMITTEE REPORTS:
Standing/Special
Ely Utilities Commission (EUC)
A.Forsman/Callen moved to approve the recommendation from EUC to purchase new lab equipment as recommended by the MN Dept of Health at a maximum cost of $17,472.81. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Campbell moved to approve the recommendation from EUC to move forward with posting the Water/Wastewater Operator II Position internally for 7 days. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Debeltz moved to approve the recommendation from EUC to increase Mick Shusta’s contract by $350 per month due to additional duties at the Water and Wastewater facilities. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Campbell moved to approve the recommendation from EUC to approve the consulting agreement with Frontier Energy.
A.Forsman indicated that Frontier Energy handles our energy rebate analysis that is required by state law when EUC customers apply for the energy efficiency rebates.
Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Bisbee moved to approve the recommendation from EUC to forward with the Solar Interconnection Agreement with Steve Piragis at 105 N Central Avenue. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Callen moved to approve the recommendation from EUC to approve $860,815.66 payment of the EUC December Bills. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Debeltz moved to approve the recommendation from EUC to approve payment of $822.62 for the Minnesota DNR Water Permit. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Bisbee moved to approve the recommendation from EUC to approve Invoice #92287 for $7995.29 for the WWTF Improvements Project, Invoice #92175 for $2536.00 for the WTP Improvements, and Invoice #92176 for $2664.50 for General Consulting Services to AE2S. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Campbell moved to approve the recommendation from EUC to approve $500 payment to Mick Shusta for A Operator Services for December. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Callen moved to approve the recommendation from EUC to approve $400 payment to Minnesota Rural Water Association membership renewal. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Callen moved to approve the recommendation from EUC to approve $7290.00 payment to MMUA for 2024 Electric Utility Membership dues. Motion Carried 6-0-1 with Kess Absent.
Employee Relations
Debeltz/A.Forsman moved to approve the recommendation from Employee Relations to post the Water/Wastewater II position internally for seven days as required by contract. Motion Carried 6-0-1 with Kess Absent.
Debeltz/A.Campbell moved to approve the recommendation from Employee Relations to provide 50% of the health care savings to the employees as a one-time payment into their designated choice of MSRS retirement account, HSA or as a payroll check.
Langowski indicated with the City Health Insurance renewal there was a significant increase from Heath Partners, so we researched other health insurance companies. Blue Cross Blue Shield came in significantly lower. Health insurance changes need to be negotiated by the unions and it was approved to switch to Blue Cross Blue Shield and share the savings with the employees.
Motion Carried 6-0-1 with Kess Absent.
Debeltz/Callen moved to approve the recommendation from Employee Relations to approve an MOU concerning the new Earned sick and safe time (ESST) with all employee groups. Motion Carried 6-0-1 with Kess Absent.
Housing & Redevelopment Authority (HRA): Minutes included in the council packet
Campbell welcomed Shiela Moravitz to the HRA as the Property Maintenance Specialist.
Ambulance Joint Powers Board
A.Forsman/Callen moved to make the February 26, 2024 Ambulance Joint Powers Board Meeting at 4pm at the Winton Community Center a Special Council meeting so all Council members can attend if they choose. Motion Carried 6-0-1 with Kess Absent.
A.Forsman indicated that the audit is still not completed since they cannot get the prior billing services to respond to the auditors inquiries. Patty Banks from the hospital indicated that they have the preliminary results for the hospital ambulance study and are hoping to get the results by the next meeting. Banks also clarified that the 3 separate entities are separate and need to work individually together to make things work.
DEPARTMENTAL REPORTS:
Clerk-Treasurer
Langowski indicated that the outdoor skating rink at the Rec Center is closed, because of the mild winter and warm days we are having.
Langowski commended the Ely Nordic Ski and Bike Club for getting the High School Ski meet of. Lots of work went into getting the meet accomplished with the lack of snow and the warmer temps.
Fire Chief
Chief Marshall discussed the current fire and medical calls for the Fire Department.
Fire Department Minutes, Quarter 4 Summary and 2023 Annual Summary
Chief Marshall discussed the Quarter 3 summary: there were 88 medical calls, 4 fire calls, and 14 other(meetings, trainings, etc). The department average response rate was 58.6%. For the Annual 2023 summary there were 314 medical calls, 44 fire calls, and 48 other (meetings, trainings, etc.) The average response rate for 2023 was 46%. In 2023 the Ely Fire Department had 41 calls (93.2%) in City of Ely & Stony Township, 0 calls in Morse Fall Lake Mutual Aid, 2 calls (4.5%) for Babbitt Mutual Aid, and 1 call (2.3%) for Breitung Township Mutual Aid.
Library Director
Library Director Heinrich discussed the current programming for the Ely Library which can be found on the Library website.
Police Chief
Debeltz/Campbell moved to approve the conditional job offer for open Patrol Officer Position to Christian Debrey pending passing background investigation, psychological and medical examination. Motion Carried 6-0-1 with Kess Absent.
City Attorney
A.Forsman/Debeltz moved to approve a Closed meeting per MN Statute 13D for Strategy for Ely Supervisors of Other than Essential Employees at the end of the council meeting. Motion Carried 6-0-1 with Kess Absent.
City Engineer
COMMUNICATIONS: Matter of Information
Arrowhead Library System 2024 Annual Budget Summary
Habitat for Humanity – Habitat Highlights – January 2024
Debeltz/Bisbee moved to approve the updated agreement with Highland Bank for servicing the City of Ely’s Loan Accounts.
Motion Carried 6-0-1 with Kess Absent.
St Louis County Community Development Block Grant(CDBG) Citizen Advisory Committee –
Open Positions
CLAIMS FOR PAYMENT:
A.City and EUC Claims for February 6, 2024 for $390,899.85
B.Invoice #459749 to SEH for $5,502.50 for the Prospector ATV Trail
Debeltz/Callen moved to approve claims for payment items A & B. Motion Carried 6-0-1 with Kess Absent.
OLD BUSINESS:
Campbell/A.Forsman moved to approve the Amended and Restated Joint Powers Agreement – Ely Lodging Tax Board
Attorney Klun indicated that the changes came from the county and it is updating it to todays standards and how the entities operate.
Motion Carried 6-0-1 with Kess Absent.
Legal Newspaper Bid
A.Forsman/Callen moved to award the 2024 legal publishing to the Ely Echo. Motion Carried 6-0-1 with Kess Absent.
Committee Seat Applications
Callen/A.Forsman moved to approve Larry Polyner for the open seat on the Ely Utilities Commission (EUC) with the Term Expiring 1/31/2027. Motion Carried 6-0-1 with Kess Absent.
NEW BUSINESS:
Debeltz/Callen moved to approve Resolution 2024-009 Resolution Appointing Election Judges for the 2024 Presidential Nomination Primary Elections. Roll Called: Council Members A.Forsman – Yes, Kess- Absent, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried 6-0-1 with Kess Absent.
A.Forsman/Callen moved to approve the Water/Wastewater Operator I, II, III, IV Job Description. Motion Carried 6-0-1 with Kess Absent.
OPEN FORUM: None
Mayor Omerza indicated that currently the city has committee openings on Gardner Trust (resident), Police Commission, and Tree Board if anyone is interested in applying, please contact the clerk’s office for more information.
Mayor Omerza recessed the council meeting at 6:58pm.
Mayor Omerza called to order the closed council meeting per MN Statute 13D for Strategy for Ely Supervisors of Other than Essential Employees to order at 7:10pm.
Mayor Omerza opened the meeting at 7:28pm.
Debeltz/Campbell moved to approve the Supervisors of Other than Essential Employees contract as presented and for City Attorney Klun to provide the contracts. Motion Carried 6-0-1 with Kess Absent.
ADJOURN:
Mayor Omerza adjourned the meeting at 7:30pm without objection.
Casey Velcheff
Deputy Clerk
5001-263085
Ely Echo Publication Date(s):
Feb. 24, 2024
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STATE OF MINNESOTA
COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT
DISTRICT COURT PROBATE DIVISION
ESTATE OF ANNA FAYE CROCKETT,
Decedent.
Court File N0. 69VI-PR-24-17
NOTICE AND ORDER FOR HEARING ON PETITION FOR PROBATE OF WILL APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
It is Ordered and Notice is given that on March 18, 2024, at 9:30 a.m. a hearing will be held in this Court at 300 5th Ave. S. Virginia, Minnesota, for the formal probate of an instrument purporting to be the Will of Decedent, dated June 30, 2015, under Minn. Stat. 524.2-513 (“Will”), and for the appointment of Charles Edwin Dawson whose address is 512 Chapeze Lane, Shepherdsville, KY 40165, as personal representative of the Estate of the Decedent in an unsupervised administration. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the personal representative will be appointed with full power to administer the Estate, including the power to collect all assets, pay all legal debts, claims, taxes and expenses, to sell real and personal property, and do all necessary acts for the Estate.
* This hearing will be held remotely via Zoom Technology.
Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to present the claims to the personal representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
February 7, 2024.
Andrew Peterson
Judge of District Court
Sara McDonald
Interim Court Administrator
Chelsea Opdahl
Deputy Court Administrator
Attorney for Petitioner
Kelly M. Klun (#389369)
Klun Law Firm, P.A.
1 E. Chapman St.
P.O. Box 240
Ely, MN 55731
Phone: 218-365-3221
5001-262061
Ely Echo Publication Date(s):
Feb. 17, 24, 2024
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STATE OF MINNESOTA
COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT
DISTRICT COURT PROBATE DIVISION
ESTATE OF ANNA FAYE CROCKETT,
Decedent.
Court File N0. 69VI-PR-24-17
NOTICE AND ORDER FOR HEARING ON PETITION FOR PROBATE OF WILL APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
It is Ordered and Notice is given that on March 18, 2024, at 9:30 a.m. a hearing will be held in this Court at 300 5th Ave. S. Virginia, Minnesota, for the formal probate of an instrument purporting to be the Will of Decedent, dated June 30, 2015, under Minn. Stat. 524.2-513 (“Will”), and for the appointment of Charles Edwin Dawson whose address is 512 Chapeze Lane, Shepherdsville, KY 40165, as personal representative of the Estate of the Decedent in an unsupervised administration. Any objections to the petition must be filed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the personal representative will be appointed with full power to administer the Estate, including the power to collect all assets, pay all legal debts, claims, taxes and expenses, to sell real and personal property, and do all necessary acts for the Estate.
* This hearing will be held remotely via Zoom Technology.
Notice is also given that (subject to Minn. Stat. 524.3-801) all creditors having claims against the Estate are required to present the claims to the personal representative or to the Court Administrator within four months after the date of this Notice or the claims will be barred.
February 7, 2024.
Andrew Peterson
Judge of District Court
Sara McDonald
Interim Court Administrator
Chelsea Opdahl
Deputy Court Administrator
Attorney for Petitioner
Kelly M. Klun (#389369)
Klun Law Firm, P.A.
1 E. Chapman St.
P.O. Box 240
Ely, MN 55731
Phone: 218-365-3221
5001-262061
Ely Echo Publication Date(s):
Feb. 17, 24, 2024
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State of Minnesota District Court
County of St. Louis
Judicial District:Sixth
SUSAN BEARD and THOMAS HENRIKSEN
Plaintiffs
vs
LINDA HENRIKSEN, The unknown heirs of Linda Henriksen, The unknown heirs of Richard Henriksen, the unknown heirs of Lillian Henriksen,
and all other persons unknown claiming any right, title, estate, interest in or lien upon the subject property described in the Complaint herein,
Defendants
Civil Summons
This Summons is directed to:
LINDA HENRIKSEN, The unknown heirs Of Linda Henriksen, The unknown heirs of Richard Henriksen, the unknown heirs of Lillian Henriksen,
and all other persons unknown claiming any right, title, estate, interest in or lien upon the subject property described in the Complaint herein,
1. You are being sued. The Plaintiff has started a lawsuit against you. The Complaint is attached to this Summons (or on file at the office of the District Court). Do not throw these papers away. They are official papers that start a lawsuit and affect your legal rights, even if nothing has been filed with the court and even if there is no court file number on this Summons.
2. You must BOTH reply, in writing, AND get a copy of your reply to the person/business who is suing you within 21 days to protect your rights. Your reply is called an Answer. Getting your reply to the Plaintiff is called service. You must serve a copy of your Answer or Answer and Counterclaim (Answer) within 21 days from the date you received the Summons and Complaint.
ANSWER: You can find the Answer form and instructions on the MN Judicial Branch website at www.mncourts.gov/forms under the “Civil” category. The instructions will explain in detail how to fill out the Answer form.
3. You must respond to each claim. The Answer is your written response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you think the Plaintiff should not be given everything they asked for in the Complaint, you must say that in your Answer.
4. SERVICE: You may lose your case if you do not send a written response to the Plaintiff. If you do not serve a written Answer within 21 days, you may lose this case by default. You will not get to tell your side of the story. If you choose not to respond, the Plaintiff may be awarded everything they asked for in their Complaint. If you agree with the claims stated in the Complaint, you don’t need to respond. A default judgment can than be entered against you for what the Plaintiff asked for in the Complaint.
To protect your rights, you must serve a copy of your Answer on the person who signed this Summons in person or by mail at this address:
107 E. Camp St. Ely, MN 55731.
5. Carefully read the Instructions (CIV301) for the Answer for your next steps.
6. Legal Assistance. You may wish to get legal help from an attorney. If you do not have an attorney and would like legal help:
• Visit www.mncourts.gov/selfhelp and click on the “Legal Advice Clinics” tab to get more information about legal clinics in each Minnesota county.
• Court Administration may have information about places where you can get legal assistance.
NOTE: Even if you cannot get legal help, you must still serve a written Answer to protect your rights or you may lose the case.
7.Alternative Dispute Resolution (ADR). The parties may agree to or be ordered to participate in an ADR process under Rule 114 of the Minnesota Rules of Practice. You must still serve your written Answer, even if you expect to use ADR.
Date: February 2, 2024
RAE R. BENTZ
DEFENBAUGH LAW OFFICE
107 E Camp St
Ely, MN 55731
(218)365-4977
Attorney ID No. 218376
5001-261763
Ely Echo Publication Date(s):
Feb. 10, 17, 24, 2024
|
The following is the Ely City Council meeting schedule:
• Tuesday, February 27, 2024 – EEDA Meeting – Canceled – Precinct Caucuses
• Tuesday, March, 5, 2024 – Regular Council Meeting – Rescheduled/Canceled – Presidential Nomination Primary
• Tuesday, March 12, 2024 @ 5:30pm – Rescheduled Council Meeting- Ely City Hall Council Chambers
• Tuesday, March 19, 2024 @ 5:30pm – Regular Council Meeting – Ely City Hall Council Chambers
Harold R Langowski
Clerk/Treasurer
5001-263086
Ely Echo Publication Date(s):
February 24, 2024
March 2, 2024
March 9, 2024
|
NOTICE OF
Absentee Voting for the Presidential Nomination Primary Election
To the Electors of the City of Ely in the County of St. Louis, State of Minnesota
NOTICE IS HEREBY GIVEN: that the Presidential Nomination Primary Election will be held at 27 South 1st. Avenue, East (the Senior Center) on TUESDAY, March 5, 2024, at which time the polls will be open from the hours of 7:00 A.M. to 8:00 P.M.
Anyone who wishes to vote by ABSENTEE BALLOT can obtain an Absentee Ballot Application by:
• Call - City Hall, Clerk’s Office - 218-365-3224 ext 1
• In person – Clerk’s Office, 209 E Chapman St, Ely MN
o Monday –Friday 8am-4:30pm,
o Saturday, March 2nd 9am-3pm
o Monday, March 4th 8am-5pm
• Email - deputyclerk@ely.mn.us
• Online - www.mnvotes.org - Elections and Voting – Other Ways to Vote
Once an Absentee Ballot Application is received, a ballot will be available to you.
Harold R Langowski
City Clerk/Treasurer
5001-261790
Ely Echo Publication Date(s):
Feb. 10, 17, 24, Mar. 2, 2024
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PUBLIC NOTICE
Important Information about Your Drinking Water
Tests show levels of Haloacetic Acids above drinking water standards
CITY OF ELY
PWSID 1690014
Initial Notification Date: 09-20-2023
City of Ely public water system routinely monitors for the presence of drinking water contaminants. Recent testing results show that the average level of HAA5 was 58.5 micrograms per liter (µg/L). The MCL for HAA5 is
60.4 µg/L.
Due to an exceedance in the third quarter of 2023, we are required to provide this notice.
HAA5s are formed when naturally occurring organic matter combines with disinfectants added to kill microorganisms. They are by-products of drinking water disinfection.
Some people who drink water containing HAA5s in excess of the MCL over many years may have an increased risk of getting cancer.
This is not an emergency. You do not need an alternative source of water, such as bottled water. However, if you have specific health concerns, consult your doctor. The use of carbon filters is not recommended for removal of HAA5s, as they may accumulate in the filter over time.
Your public water system is considering methods to reduce the levels of HAA5s, which may include an alternative water source or water treatment. You will be informed when the public water supply has reduced the levels and meets the standards.
Please share this information with all other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, hospitals, schools, prisons, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
For More Information
If you have questions, please call us at: 218-504-5140
Date Distributed: February 24, 2024
5001-263090
Ely Echo Publication Date(s):
Feb. 24, 2024
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STATE OF MINNESOTA LAKE COUNTY AUDITOR
NOTICE OF PRESIDENTIAL
NOMINATION PRIMARY ELECTION
To the voters of the Township of Fall Lake
In the County of Lake, State of Minnesota.
Pursuant to Minnesota Statute 207A.11, notice is hereby given, that a Presidential Nomination Primary Election will be held in the Election Precinct at:
Fall Lake Town Hall, 393 Kawishiwi Trail, Ely, MN
on Tuesday, the Fifth (5th) day of March, 2024, at which the polls will be open from the hour of seven (7) o’clock AM to the hour of eight (8) o’clock PM for the purpose of nominating candidates for the following office:
FEDERAL OFFICES
One United States President
Presidential nomination primary voters must be registered to vote pursuant to Minnesota Statute 201.054, subd 1.
Nomination primary voters must also request the ballot of the major political party for whose candidate the individual wishes to vote. Polling place election judges must record in the polling place roster the name of the major political party whose ballot the voter requested. The county auditor must include the name of the major political party whose ballot the voter requested with the voting history of the nomination primary election.
The major political party ballot selected by a nomination primary voter is private data, except that it will be shared with the chairs of the major political parties in the State of Minnesota.
Linda Libal, Lake County Auditor
Lake County Minnesota
January 31, 2024
5001-262288
Ely Echo Publication Date(s):
Feb. 17, 24, 2024
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Public Hearing Notice
The Ely Board of Adjustment will be holding a public hearing for considering a Variance on Wednesday, March 20th, 2024 at 5:00 pm in the City Hall council chambers. At this public hearing the Board of Adjustment will be considering the approval of a Variance Application submitted by Paul Myers, representing All Phase Construction; located at 255 Camp St W Parcel# 030-0500-00050. The applicant is seeking a Variance from the rear and corner side yard setback requirements in Industrial Zoning. The current minimum setback requirements for corner side yard and rear yard are 15 feet. The Applicant is requesting zero feet setback on both the rear yard and corner side yard, to construct a building for vehicles and equipment related to the construction business.
Public comment will be heard on the date of the hearing and/or may be submitted to any of the following addresses below before March 15th to be included in the public hearing. Names and addresses must be submitted in order for comments to be recorded into the hearing minutes.
Any questions should be directed to the Planning and Zoning Administrator, 218-365-3224, Ext 3 or email pzadmin@ely.mn.us
Scott Kochendorfer
Zoning Administrator
209 E Chapman St
Ely MN 55731
218-365-3224, Ext 3
5001-262377
Ely Echo Publication Date(s):
February 17, 2024
February 24, 2024
March 2, 2024
March 9, 2024
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CITY OF ELY
NOTICE OF PUBLIC ACCURACY TESTING
Pursuant to MN Statutes 206.83, the City of Ely will be conducting a public accuracy test for its voting system equipment for the Presidential Nomination Primary Election to be held on March 5, 2024. The testing will take place at Ely City Hall, Council Chambers, 209 E Chapman St, Ely MN on Wednesday, February 28, 2024 at 2pm.
Harold R Langowski
Clerk/Treasurer
5001-263091
Ely Echo Publication Date(s):
Feb. 24, 2024
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ORDINANCE NO. 375, 2nd Series
AN ORDINANCE OF THE CITY OF ELY, MINNESOTA, ADDING TO THE ELY CITY CODE, CHAPTER 2, SECTION 2.66, ELY HOUSING FUND
THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN:
SECTION 1. A new Section shall be added to Chapter 2 as Section 2.66, of the Ely City Code to read as follows:
SECTION 2.66. ELY HOUSING TRUST FUND.
Subd. 1. Purpose and Intent.
Pursuant to Minnesota State Statute 462C.16 there is hereby created and established for the City of Ely a fund to be known and denominated as the Ely Housing Trust Fund. This fund shall include a preference for creation of Workforce Housing units. The Trust Fund shall be a permanent source of funding and a continually renewable source of revenue to meet, in part, the housing needs of households of the City. The Trust Fund is to provide loans and grants to homeowners, and for-profit and non-profit housing developers for the acquisition, capital and soft costs necessary for the creation of new Affordable rental and owner-occupied housing. Preference shall also be given to those projects that ensure that the Assisted Units remain Affordable for the longest period possible.
Subd. 2. Definitions.
In this section:
A. “Affordable” means a housing unit that has an Affordable Housing Cost.
B. “Affordable Housing Cost” means an amount satisfied by:
a. For owner-occupied housing, a housing payment inclusive of loan principal, loan interest, property taxes, property and mortgage insurance, and homeowners association dues which allows a household to purchase a home, while paying no more than thirty (30%) of their gross household income; and,
b. For rental or cooperative housing, a housing payment, inclusive of a reasonable allowance for heating, which allows a household to rent a unit, while paying no more than thirty (30%) of their gross household income.
C. “Area Median Income” means the income guidelines established and published annually by MN Housings Community Impact Fund.
D. “Assisted Unit” means a housing unit that is Affordable because of the assistance from the Trust Fund.
E. “Commission” means the City of Ely HRA Board of Commissioners.
F. “Workforce Housing” shall mean owner-occupied or rental housing units that are provided to households with at least one member per unit who is gainfully employed at the time of entry into the unit.
a. Workforce housing may be designated for households that make 50% to 115% of AMI but shall be inclusive of all income levels households who meet the definition of gainful employment and can meet the Affordable Housing Cost as defined in Subpart b (1) and (2).
b. Gainful Employment is defined as an employment situation where the employee receives consistent work and payment from and employer at 30 hours per week or more.
G. “Grants Supervisor” means the Ely Housing and Redevelopment Authority Executive Director, or his or her designee.
H. “Project” may mean a single family house (attached or detached) or multifamily apartment complex, either as owner-occupied property or rental property.
I. “Recipient” means any homeowner, for-profit or non-profit housing developer that receives funds in the form of a loan or a grant from the Trust Fund Account. A Recipient may be an individual, partnership, joint venture, limited liability company or partnership, association or corporation.
J. “Tax Increment Financing Equity Participation Payment” means an equity payment received by the City from the developer pursuant to a TIF Development Agreement in which the tax incremental district has been dissolved.
K. “Trust Fund” or “EHTF” means the Ely Housing Trust Fund.
L. “Permanent Source of Funding” means once funds are allocated to the Trust those funds can only be expended for the purposes outlined in section (4) of this document.
Subd. 3. Trust Fund Account; Sources of Trust Fund Monies.
A. There is also hereby established an Ely Housing Trust Fund Account, to be maintained by the Housing and Redevelopment Authority (HRA) in and for the City of Ely. All funds received by the HRA on behalf of the Trust Fund shall be deposited in the Trust Fund Account. Principal and interest from loan repayments, and all other income from Trust Fund activities, shall be deposited in the Trust Fund Account. All interest earnings from the Trust Fund Account shall be reinvested and dedicated to the Trust Fund Account.
B. The Trust Fund shall consist of funds derived from the following, but not limited to:
a. Private cash contribution designated for the Trust Fund;
b. Payments in lieu of participation in current or future affordable housing programs;
c. Matching funds from a federal affordable housing trust fund;
d. Principal and interest from Trust Fund loan repayments and all other income from Trust Fund activities;
e. Budgeted payments made by the HRA Tax Levy fund as approved by City Council;
f. Matching funds from a State affordable housing trust fund or a State program designated to fund Housing Trust Funds;
g. Employer based funds and matches;
h. Other sources to be considered; local or regional utility companies, specific city departments (municipal liquor store sales), specific city program funds (revolving loan fund);
i. Application fees - Projects applying for funds from the Ely Affordable Housing Land Trust maybe charged an application fee based on the size and scope of the project.
C. The Trust Fund may consist of funds derived from any other source, including but not limited to the following, subject to approval by the City Council, upon notification from the Finance Director that funds are available.
a. Amounts from the Operating Budget equivalent to City fees collected from dedicated uses related to housing, such as reinspection fees;
b. Tax Increment returned to the County after a TIF district decertification and reallocated to the city;
c. Any other appropriations as determined from time to time by action of the City Council.
Subd. 4. Trust Fund Distributions.
A. The Trust Fund is to function as a resource to fund loans and grants in strict accordance with this Section. The Trust Fund shall be administered by the HRA Executive Director. No disbursements may be made from the Trust Fund Account without prior approval of the HRA Board of Commissioners.
B. Disbursements from the Trust Fund Account shall be made as loans or grants to assist Recipients in the creation of Assisted Units. Recipients may use the funds to pay for: capital costs, including but not limited to the actual costs of rehabilitating or constructing Assisted Units; preserving affordable units; demolishing or converting existing non-residential buildings to create new Assisted Units; real property acquisition costs; and professional service costs, including but not limited to, those costs incurred for architectural, engineering, planning and legal services which are attributable to the creation of Assisted Units.
C. Trust Fund monies may not be used for operating expenses of any program, or supporting services such as childcare or any other social program. However, monies may be used to cover program related expenses such as legal/staff application review.
D. The HRA shall periodically review the terms of assistance, and structure these terms to encourage the longest period of affordability possible.
E. Loans or grants from the Trust Fund shall be used to develop Assisted Units within a project. The Trust Fund may assist up to one hundred percent (100%) of the units within a building or development of one (1) to thirty six (36) units and 50 percent (50%) for thirty seven (37) units and above.
F. Assisted units shall be distributed throughout the building or development so as to avoid a disproportionate concentration in any one area.
G. The HRA shall give preference to projects located outside a Housing Tax Increment District.
H. Notwithstanding the stated purpose in subsection (1) herein to create the Fund as a continually renewable source of revenue, the HRA may, in its discretion, recommend that disbursements from the Trust Fund Account may be made as grants at any time that the Trust fund Account balance exceeds $50,000. The HRA will revisit this amount from time to time to ensure that the objectives of the Trust Fund are being met and the amount is set at the proper level to achieve the objectives.
Subd. 5. HRA Powers and Responsibilities.
A. The HRA shall have the following powers and duties as regards to the Trust Fund:
a. Recommend policies, goals and objectives for the EHTF program to the Mayor and the City Council;
b. Investigate and recommend to the Mayor and City Council additional sources of money for deposit to the EHTF; and
c. Publish and distribute requests for proposals and notices of funding availability.
B. All projects considered for funding will be reviewed prior to HRA Commissioner’s action by the HRA staff, and the Executive Director shall submit to the Commissioners staff comments and recommendations.
C. The HRA shall within thirty (30) days following the close of each fiscal year prepare and submit and annual report to the City Council on the activities undertaken with funds from the Trust Fund. The report shall specify the number and types of units assisted, the amount loaned per Assisted Unit, the amount of state, federal and private funds leveraged, the geographic distribution of Assisted Units and summary of statistical data relative to the incomes of assisted households, including their monthly rent or mortgage payments, and the sales prices of owner-occupied Assisted Units.
Subd. 6. Term Affordability.
A. The minimum term of affordability for an Assisted Unit shall be fifteen (15) years. The HRA shall give preference to those projects that ensure that the Assisted Units remain Affordable for the longest period possible.
B. Assisted Units shall be deed restricted to ensure long term affordability.
C. The HRA will utilize loan agreements with recipients of the Trust fund monies. The loan agreement will clearly state the conditions and requirements for recipient’s use of the Trust Fund monies, including the term of compliance, transfer or sale requirements and other requirements as specified.
D. In those cases where an Assisted Unit is sold or transferred prior to the expiration of the agreed upon time, or where an Assisted Unit is no longer Affordable, the initial Recipient of assistance from the Trust Fund shall be obligated to repay to the Trust Fund the original loan/grant amount.
E. The HRA shall enforce all debt and lien instruments to the fullest extent of the law. The HRA may recommend debt settlement offers, if it is determined to be in the best interest of the EHTF.
Subd. 7. Exception Authority.
A. The City Council may revise the Trust Fund at any time in its sole and unfettered discretion as long as such exceptions do not violate Minnesota State Statue 462C.16.
SECTION 3. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective 30 days after final adoption and publication.
First Reading: February 20, 2024 Second Reading:
5001-263089
Ely Echo Publication Date(s):
Feb. 24, 2024
PUBLIC NOTICE
Town of Morse
Notice of Annual Meeting
and Election of Officers
Notice is hereby given to qualified voters of the TOWN OF MORSE, County of St. Louis, State of Minnesota, that the Annual Election of Town Officers and Annual Town Meeting will be held on Tuesday, March 12, 2024. In case of inclement weather, the meeting and election may be postponed until the third Tuesday in March, announcement regarding the election will be posted online and at the town hall.
The Election Poll hours will be open from noon to 8 p.m. at which time the voters will elect:
1 (One) Town Supervisor‚ Three year term
For an Absentee Ballot, contact Clerk Nick Wognum at 218-343-2019 or write to: Town of Morse, P.O. Box 660, Ely, MN 55731.
The Annual Meeting will commence following the election results and Board of Canvass to conduct all necessary business prescribed by law.
The Annual Election and Meeting will be held at the following location:
Town of Morse, Town Hall
911 South Central Avenue
Nick Wognum, Clerk
Town of Morse
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TOWN OF MORSE
The regular Tuesday, March 12, 2024 meeting of the Board of Supervisors for the Town of Morse has been changed to THURSDAY, MARCH 7, 2024 at 5 p.m. at the Morse Town Hall.
Nick Wognum, Clerk
Town of Morse
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Town of Morse
VOTING EQUIPMENT TESTING
Pursuant to Mn. Statutes 206.83, the Clerk will conduct a public accuracy test of optical scan voting equipment to ascertain that the equipment will correctly count the votes cast for all candidates on the ballot for the Township Election to be held on Tuesday, March 12, 2024. The test will be held at the Morse Town Hall on Tuesday, February 27, 2024 at 4:00 p.m.
Nick Wognum, Clerk
Town of Morse
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Notice of Meeting
Ely Public Schools
Facilities Committee
Thursday, February 29th, 2024 at 11:00 a.m.
Submarine Conference Room
New building
600 E. Harvey St.
Ely, MN 55731
Purpose: Facilities Planning
Ely Echo February 24, 2024
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NOTICE
WINTON RESIDENTS
The City of Winton will be conducting a public demonstration and test of the Omni ballot marking device for the Feb. 26, 2024 Presidential Nominating Primary. The public test will be held at 1:00PM on Wednesday, February 28, 2024 at the Winton Community Center, 102 Main Street N.
