Legals for January 20, 2024
CITY OF WINTON
WATER SYSTEM IMPROVEMENT VALVE VAULT
REQUEST FOR QUOTES
Sealed Quotes for the construction of the Water System Improvement Valve Vault will be received for a single prime contract, by the City of Winton (The Owner), at the office of the Clerk, until 2:00 p.m. local time on January 30, 2024, at which time the Quotes received will be publicly opened and read. The Project consists of the removal and reconstruction of valve vault and equipment building at the elevated water tower. Quotes shall be on a lump sum basis as indicated on the Quote Form.
Bidders responding to this solicitation document shall submit to the Owner a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in Minnesota Statutes, Section 16C.285, subdivision 3.
Bid security shall be furnished in accordance with the Instructions to Bidders, in an amount not less than 5% (five percent) of the Total Bid. The successful bidder will be required to provide a Performance Bond, Payment Bond and a Certificate of Insurance.
The Owner reserves the right to reject any or all bids, to waive irregularities and informalities and to award the contract in the best interest of the OWNER.
January 8, 2024Anne Jackson, Clerk
City of Winton
5001-259064
Ely Echo Publication Date(s):
Jan. 20, 2024
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ADVERTISEMENT FOR BIDS
Ely Public School Window Replacement
Notice is hereby given that sealed bids for Ely Public School Window Replacement will be addressed and delivered to ISD #696 - Ely Public Schools, 600 East Harvey Street, Ely, MN 55731, Attn: Anne Oelke.
BID DATE:February 8, 2024
BID TIME:4:00 pm local time (in media center)
Plans, Specifications and Proposal Forms as prepared by Widseth, 126 East Superior Street, Duluth, MN 55802, (218) 727-8481, are available from the Architect's office either in electronic form at no cost or in hard copy form for a non-refundable fee for the cost of reproduction. Plans and Specifications may be reviewed at the offices of the Architect, the Owner, and the Minnesota Builders Exchange.
Each bid must be accompanied by a certified check, cashier's check, or bidder's bond in the amount of five percent (5%) of the bid, payable to the Owner; as provided in the specifications, said check and the amount thereof or the amount of the bidder's bond to be forfeited as liquidated damages if the bidder furnishing the same neglects or refuses to promptly carry out said bid or enter into contract with Ely Public Schools.
No bids may be withdrawn within thirty (30) days from the scheduled closing time for receiving bids.
The right is reserved to reject any or all bids or parts of bids and to waive informalities therein, and to award the contract to other than the lowest bid¬der if in their discretion the interests of the Owner will be best served thereby.
A pre-bid meeting will be held on Wednesday, January 31st, 2024, at 3:00 pm local time, starting in the new media center.
600 East Harvey Street
Ely, MN 55731
5001-259493
Ely Echo Publication Date(s):
Jan. 20, 27, 2024
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Regular Meeting Ely City Council – City Hall, Council Chambers
January 2, 2024 – Minutes
CALL TO ORDER
Mayor Omerza called the City Council meeting to order at 5:30pm.
PRESENT: Council members A.Forsman, Kess, Debeltz, Callen, Campbell, Bisbee, and Mayor Omerza
ABSENT: None
APPROVAL OF MINUTES:
Debeltz/Bisbee moved to approve the minutes from the December 19, 2023 Regular Council Meeting. Motion Carried Unanimously.
ADDITIONS OR OMISSIONS TO AGENDA:
A.Additions 5. Arendelle Proclamation
B.Additions 7.A Frederica Musgrave – Fiscal Responsibility & Accountability
C.Additions 12.A. Updated Short Term Rental List
A.Forsman/Campbell moved to approve the adding additions A-C. Motion Carried Unanimously.
MAYOR’S REPORT:
Council Committee Representatives – Mayor Omerza told the council to either get in touch with her or the clerk’s office if they would like to change committees then at the next council meeting we will vote on them.
Arendelle Proclamation -Mayor Omerza read the proclamation and proclaimed that January 19, 2024 through January 21, 2024 our city will be known as Arendelle as we complete our year of Frozen.
CONSENT AGENDA:
A.Motion to waive readings in entirety of all ordinances and resolutions on tonight’s agenda.
B.Call for sealed bids for the 2024 legal newspaper
Kess/Debeltz moved to approve the Consent Agenda items A and B. Motion Carried Unanimously.
REQUESTS TO APPEAR:
Frederica Musgrave at 30 W Shagawa Rd – Fiscal Responsibility & Accountability
Musgrave indicated that the goal when speaking to the council is to make you think about what you are doing for the city. Think about some of the motions on expenditures that come up and they just get rubber stamped. Musgrave mentioned the TV screen in the back of the Council Chambers and asked if that was a necessary expenditure.
Musgrave discussed accountability with people on commissions and with the people that have personal agendas that are serving on commissions. The commissioners should represent the whole city and not just certain items, there should also be diversity of the commissioners. Musgrave stated that the committees should get their agendas and documents ahead of time so the commissioners can be more accountable by reading the agendas and documents ahead of time rather than paging through the documents at the meetings.
Mayor Omerza stated that the council is fiscal responsible, a lot of the items that seem to be just “rubber stamped” have gone through committees or are budget line items in the budget. As for the diversity of the committees, the council can only appoint people that apply, a lot of times we have openings on some committees for months or only one person will apply for the open seat. We have gone out and tried to encourage people to apply to be on these committees.
COMMITTEE REPORTS:
Standing/Special
Park and Recreation Board
Bisbee indicated that Park and Rec had a presentation regarding the North Country National Scenic Trail which will be coming to Ely connecting the Kekakabic Trail connecting to Bearhead State Park. Eventually the city will need to do a MOU to be considered a Trail Town.
Ely Utilities Commission (EUC)
A.Forsman/Kess moved to approve the recommendation from EUC Customer Relations Committee to move forward with reimbursing the customer for their original $2,500 Water and Sewer Availability Charge (WAC & SAC) by direct payment for a leaking curb stop. Motion Carried Unanimously.
A.Forsman/Bisbee moved to approve the recommendation from EUC to move forward with purchasing the $14,793.13 replacement unit if the VFD repair by Mielke Electric does not work. Motion Carried Unanimously.
A.Forsman/Debeltz moved to approve the recommendation from EUC to approve the $387,607.86 payment of EUC November Bills. Motion Carried Unanimously.
A.Forsman/Campbell moved to approve the recommendation from EUC to move forward with the recommended 2024 EUC budget. Motion Carried Unanimously.
A.Forsman/Debeltz moved to approve the recommendation from EUC to pay AMPTEK, $1,064.00 for the air compressor troubleshooting and repair at the Water Treatment Plant. Motion Carried Unanimously.
A.Forsman/Callen moved to approve the recommendation from EUC to pay AE2S $18,999.44 for the WWTF Improvements Project and $1,675.50 for the WTP Improvements Project. Motion Carried Unanimously.
A.Forsman/Campbell moved to approve the recommendation from EUC to Pay Mick Shusta $500 for A Operator Services. Motion Carried Unanimously.
Planning and Zoning Commission
Campbell/A.Forsman moved to approve the recommendation from Planning and Zoning Commission to have two meetings a month January – May on the 1st and 3rd Wednesday’s of each month at 5:30pm.
Langowski indicated that the meetings many only be as needed for the second meeting. The second meeting can be for hearings or if P&Z is working on a project.
Motion Carried Unanimously
Housing and Redevelopment Authority: Minutes included in the Council Packet
DEPARTMENTAL REPORTS:
Clerk-Treasurer
Mini Excavator Purchase for $86,250.00
Langowski indicated that this mini excavator would be split between the Cemetery Korpi Trust Funds, Public Works, and Utilities Departments. In the past we have rented a mini excavator, but we have realized that we are needing a machine like this more and more.
Kess asked if Kori Trust was ok with this purchase. Langowski indicated that this purchase will help to do the foundation work for the Columbarium’s and will help to do less damage to the grass and grave stones when digging full burials. Rather than contracting out to do the foundation work for the Columbarium’s the Public Works department will be able to do it in house and save money.
Kess/Bisbee moved to approve of the purchase of the Mini Excavator from L&L Rentals for $86,250.00. Motion carried Unanimously.
Sewer Inspection at 535 E Boundary St
Langowski indicated that we received a sewer inspection for 535 E Boundary St from Gary Kovall and it failed for needing a sump pump installed. Langowski talked with the contractor that performed the inspection and it was indicated that the drain tile was connected to the sanitary sewer and needed to be directed outside. Kovall has indicated that in order to install the sump pump and have it directed outside they will have to tear up their finished basement floor which would cost them over $5000. Kovall is requesting an exemption from any requirement to install a sump pump.
A.Forsman asked if a video was received that was reviewed.
Langowski indicated that a video was received and he talked to the contractor and a sump pump is required.
A.Forsman indicated that the point-of-sale sewer inspection was developed was to prevent the flow of water through the sewer line and end up at the Waste Water Treatment Plant. This was our solution to fix this problem. This homeowner had the inspection done 15 months ago and is now it is within a month of them closing on the house.
A.Forsman/Bisbee moved to deny the request for a waiver on the requirement to install a sump pump and have it directed outside at 535 E Boundary St. Motion Carried Unanimously.
Fire Chief
Chief Marshall discussed the recent calls for the fire department.
Library Director
Library Director Heinrich discussed the current programming at the library which can be found on the library website.
Police Chief
Chief Houde indicated that the City Dog licenses for 2024 or the new lifetime licenses are now available. They can be purchased at the Ely Police Department at City Hall.
City Attorney
A.Forsman/Debeltz moved to approve the Note and Mortgage for the Residential Rehab Loan for James and Brittney Thorstenson at 122 E Harvey St for $10,000 for a new energy efficient propane furnace. Motion Carried Unanimously.
City Engineer
COMMUNICATIONS: Matter of Information
Correspondence from the St Louis County Fair
CLAIMS FOR PAYMENT:
Campbell/Callen moved to approve the City and EUC Claims for Payment for January 2, 2024 for $91,814.07.Motion Carried Unanimously
OLD BUSINESS:
Number of Short Term Rentals
Updated Short Term Rental List
Langowski indicated that this was posted in the paper and was reported on last month. The number of Short Term Rentals is set by resolution by the council. As of this morning we had 24 short term rentals in R-1, R-2, RT and SMU. The current resolution on the agenda is for 25 short term rentals in R-1, R-2, RT, and SMU.
Bisbee/Debeltz moved to approve Resolution 2024-001 Resolution Authorizing the Number of Short Term Rentals in the City of Ely. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
NEW BUSINESS:
Kess/Campbell moved to approve 2024 official city depositories: Frandsen Bank & Trust, Highland Bank and 4M Fund. Motion Carried 6-0-1 with Omerza abstaining since her husband works at Frandsen Bank.
Debeltz/A.Forsman moved to approve Resolution 2024-002 Resolution Adopting the 2024 City of Ely Fee Schedule. Roll Called: Council Members A.Forsman – Yes, Kess- Yes, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried Unanimously.
Campbell/Debeltz moved to schedule a public hearing to review the Fire Apparatus Building and the Ely Area Ambulance Garage on January 16, 2024 at 5pm.
Langwoski indicated this is required part of the USDA Rural Development grant. We will have preliminary plans available for review and information about the project.
Motion Carried Unanimously
OPEN FORUM:
Jason Gillson at 45 E Boundary St
Gillson apologized for the ways he has conducted himself with the fire at his house. Gillson questioned when a meeting was going to be happening regarding his house. Gillson indicated that he has spoken with Mr. Whitney and left messages with Mr. Omerza at Frandsen Bank, Mr Omerza has talked to his step father regarding the house and insurance. Gillson indicated that he would like to know if there is a meeting happening at all.
ADJOURN:
Mayor Omerza adjourned the meeting at 6:34pm without objection.
Casey Velcheff - Deputy Clerk
5001-259588
Ely Echo Publication Date(s):
Jan. 20, 2024
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STATE OF MINNESOTA DISTRICT COURT
CIVIL DIVISION
COUNTY OF ST. LOUIS SIXTH JUDICIAL DISTRICT
NewRez LLC, d/b/a Shellpoint Mortgage Servicing,
Plaintiff,
vs.
Theodore C. Krueger, Jayne Sherratt, Paul Tschida, Timothy Tschida, Lucille C. Hogan, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein,
Defendants.
Court File No. 69VI-CV-23-699
TO BE TRIED IN THE CITY OF VIRGINIA
Case Type: 14. Other Civil (Quiet Title)
SUMMONS
THIS SUMMONS IS DIRECTED TO: Theodore C. Krueger, Jayne Sherratt, Paul Tschida, Timothy Tschida, Lucille C. Hogan, and all other persons unknown claiming any right, title, estate, interest or lien in the real estate described in the Complaint herein
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Complaint against you is attached to this Summons.
2. YOU MUST REPLY WITHIN 21 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this Summons a written response called an Answer within 21 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this Summons located at:
Hanft Fride, A Professional Association
1000 U.S. Bank Place
130 West Superior Street
Duluth, MN 55802-2094
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 believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS SUMMONS. If you do not Answer within 21 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint. If you do not want to contest the claims stated in the Complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the Complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATE DISPUTE RESOLUTION. The parties may agree to or be ordered to participate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute
7. THIS LAWSUIT MAY AFFECT OR BRING INTO QUESTION TITLE TO REAL PROPERTY located in St. Louis County, State of Minnesota, legally described as follows:
A square tract of land containing three fourths (3/4) of an acre in the Southwest corner of the East Thirty (30) acres of Government Lot One (1), Section Twenty-two (22), Township Sixty-Three (63) North of Range Twelve (12) West of the Fourth Principal Meridian according to the United States Government Survey thereof.
AND
Govt Lot 1, Section 22, Township 63, Range 12, EXCEPTING that portion described as follows:
Beginning at a point 56 rods west from the Northeast corner of said Lot 1, thence south on a line parallel with the East Section line of said Section 22 to an intersection with the shoreline of Long Lake, thence westerly along the shoreline of said lake to an intersection of said lakeshore with the west line of said Lot 1, thence north on said west line to the northwest corner of said Lot 1, thence east along the north line of said Lot 1 to a point of beginning, and
Also excepting from the tract herein conveyed the 3/4 acre tract in the southwest corner thereof, the tract herein conveyed containing 29 1/4 acres, more or less.
The object of this action is to amend the legal description of the first described above land, and to establish an easement benefitting said land over and across the second described above land.
HANFT FRIDE
A Professional Association
Dated: November 20, 2023.
By:
Kimberly E. Brzezinski, Attorney Reg. No. 388617
Attorney for Plaintiffs
1000 U.S. Bank Place
130 West Superior Street
Duluth, MN 55802-2094
218/722-4766
Case Number: 69VI-CV-23-699
5001-258304
Ely Echo Publication Date(s):
Jan. 6, 13, 20, 2024
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Boards and Committee Openings
The City of Ely is calling for interested applicants to fill the following vacancies on the
Gardner Trust
1 – 3 year term
*At Large Resident
Police Commission
1- Mid year term
*resident or non-resident
Ely Utilities Commission (EUC)
1- 3 year term
*Resident or non-resident
Tree Board
1 - 3 year terms
*resident or non-resident
For more information on the committees go to https://www.ely.mn.us/boards If you are interested in serving on a committee please remit a letter of interest or fill out the “Application to serve on city commission” and remit to the Ely City Clerk’s Office, 209 E. Chapman Street, Ely, MN or email deputyclerk@ely.mn.us by February 1, 2024 at 4:30pm. Questions, please contact the Clerk-Treasurer’s Office at 218-365-3224.
Harold R Langowski
Clerk/Treasurer
5001-259594
Ely Echo Publication Date(s):
January 20, 2024
January 27, 2024
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Special Council Meeting
The Ely City Council will hold a Special Council Meeting, at the Winton Community Center, on Monday, January 22th, 2024 at 4:00pm for the Joint Powers Ambulance Meeting.
Harold R Langowski
City Clerk/Treasurer
5001-259589
Ely Echo Publication Date(s):
January 20, 2024
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NOTICE TO THE PUBLIC
City of Ely ANIMAL LICENSES for 2024 for your dog are now available!
Licenses are required by City Ordinance No. 372, 2nd Series and can be purchased at the Police Department in City Hall, 209 E Chapman St, Ely MN 55731. The Application and information can be found at www.ely.mn.us/police
Annual license term runs January 1st - December 31st and a lifetime license has no expiration date. A dog license is required for any dog three (3) months of age or older. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing a current license when outside. Multi-Animal Dwelling Permit is required for more than a combination of six(6) dogs, cats or other household pets (excluding caged pets) and may denied or canceled at the discretion of the City of Ely.
Annual License fee is $10.00 or $35.00 for a lifetime license.
Multi-Animal Dwelling Permit is $100.00 (permit is valid for 5 years)
Please bring a certificate of current rabies immunization from your veterinarian for each animal.
Chad Houde
Police Chief
5001-259595
Ely Echo Publication Date(s):
January 20, 2024
January 27, 2024
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