ELY- While the cold and snowy spring weather certainly can’t be her fault, Ely Mayor Heidi Omerza opened the May 2 council meeting with an apology. She had earlier declared 2023 the “Year of Frozen” in honor of the Ely High School music department’s winning the rights to produce the Broadway version of the musical. She didn’t know that Mother Nature might take her at her word.
But items under the council’s actual control, specifically revisions to the contract for garbage removal for city residents, as well as fines for parking and other civil offenses, did generate a lot of discussion.
Jeremiah “JJ” Day, owner of G-Men Environmental Services submitted a detailed letter and spoke to the council as well on Tuesday, expressing his concerns over the actions of the city’s sanitation committee and their proposed revisions to the city’s residential waste disposal contract.
The contract revisions remove language that specifies the contractor provide at least two garbage compactor trucks that are not older than nine years, that are a minimum of 20-yard size, enclosed and waterproof. It also requires the vehicles be reliable, safe, well-maintained, and clean.
The new revisions state the contract shall provide a minimum of two trucks, that carry at least 8 yards and are enclosed and waterproof. The revision would maintain the requirement the vehicles be reliable, safe, well-maintained, and clean. The revised contract also sets minimum specifications for the carts provided to city customers, but removes some of the previous specifications, including having the carts be uniform in color and size.
Smaller trucks require more frequent trips to the canister site for dumping, adding more noise, traffic, and wear and tear on city streets.
G-Men ES has been providing garbage service in Ely for over 25 years, and for the last 13 years has held the contract for all residential waste removal in the city.
Day said the sanitation committee’s revisions “seem to have one direction in mind,” which appears to be opening up the process to another “unqualified and inferior hauler.”
Day’s letter cited three specific instances of another Ely hauler providing trash pickup for two citizen-at-large members of the sanitation committee, as well as for a city business. Day said they had reported these violations to the city. Day noted the city has spent over $17,000 on legal fees relating to the waste hauling contract issues since 2019, when they decided to create separate contracts for residential and commercial business hauling. The contractor hired for the commercial contract was unable to get a performance bond, according to Day, and the contract eventually was given back to G-Men ES.
Day’s letter noted that G-Men has added safety features to their fleet, including 360-degree birds-eye view cameras, traction control, and ABS braking systems.
“Proper waste management is an essential part of society’s public and environmental health,” he wrote. “The capital investment we made to initially meet the city of Ely’s requirements to provide each of our customers with roll carts, utilize up-to-date equipment and software technology to provide the safest, most effective service possible, and purchase/maintain/replace rear load dumpsters as necessary is a responsibility and risk we assumed upon entering into the contract.”
Day also noted that G-Men has regular office hours, as well as 24/7 phone service in case of emergencies.
Council member Al Forsman noted the sanitation committee had worked most of the year to review the contract and make changes.
But some on the council wondered why the changes were needed.
“Did you receive any letters from residents who were not happy with the current provider?” asked council member Angela Campbell. “Were there any concerns or any record of constituents who are opposing the contract?”
Forsman said he was not aware of any complaints or issues raised, but he said the city does go out for proposals for other services, such as legal newspaper.
“This is in line with that,” he said.
Council member Adam Bisbee asked how often the city adjusts requirements in other contracts.
“It seems like we are lowering standards here,” he said “It seems to broaden the door through which other bidders can pass. Why diminish this to bring in more bidders.”
Bisbee said he understood that competition was important, but not as the loss of the quality that currently exists.
“It seems risky,” he said, “and seems like there is more behind this. If it ain’t broke, why fix it?”
Forsman said he didn’t think the new contract was lowering standards.
“A lot of thought went into this,” he said, “to ensure our community is provided with good service.”
Omerza asked about the changes for truck size. She said she understood that some city alleys, especially in the winter, may not be wide enough for larger-sized trucks to safely navigate.
“It’s not up to us to dictate the size of the truck,” she said. “But obviously it doesn’t make sense to pick up the whole city with an 8-yard truck.”
A motion to approve the revised contract as submitted passed on a 4-2 vote, with Omerza and Bisbee voting against. Council member Paul Kess was absent from the meeting. Requests for proposals for trash removal will go to the city council, not to the sanitation committee.
Parking fines
The council also discussed parking fines and late fees for parking in fire lanes and in front of hydrants as part of their approval of a new ordinance. The updated ordinance increases most parking fines from $20 to $25 and keeps the existing late payment fee of $20 for violations such as parking in alleys, too close to intersections, overnight parking 2-6 a.m., double-parking, obstructing a street or driveway, going over the two-hour parking limit, and not following calendar parking.
After quite a bit of discussion, the council amended the final version of the ordinance to increase the fine for parking in a fire lane or hydrant zone from $30 to $100, and to keep the late fee the same as for all other violations at $20.
Police Chief Chad Houde noted the police department already had printed tickets with the proposed new rates, but that new tickets can be printed each month, and that the fines on tickets could be corrected by hand if needed.
“It would be silly to consider what the ticket says,” said Bisbee.
The large fine for parking in a fire lane bothered Bisbee, who said he knows of parents, including himself, who have quickly parked in the fire lane at the school when picking up their children.
Houde said it is fine to wait in a vehicle in the fire lane, but not to leave it unattended. He said there were 15-minute parking spaces to move to, or otherwise move to a regular parking spot.
“You do not leave a vehicle unattended in the fire lane at any time,” Houde said. He went on to note he was not aware of any tickets being given for parking in the fire lane, though the department did give out warnings.
The amended ordinance passed 5-1, with Bisbee voting against.
In other trash-related news, St. Louis County is sponsoring a business hazardous waste collection day in Ely on June 8 from 11 a.m. – 3 p.m. at the Northwoods Transfer Station for very small quantity generators. Fees vary based on items to be disposed. Appointments and pre-approval is required. For more information contact 218-749-0650
A household hazardous waste collection will be held on Thursday, June 15 from 10 a.m. – 2 p.m at the Ely Joint Public Works Facility, and on Thursday, Aug. 31 at the Northwoods site from 10 a.m. – 2 p.m.
Other business
In other business, the council:
• Reminded residents that the Local Board of Appeal and Equalization is set for Thursday, May 11 from 5 – 6 p.m. at Ely City Hall.
• Heard public comment from Ely resident Patrick Knudson who urged the city to enforce ordinances against entertainment like the drag show that was put on at Grand Ely Lodge in late April to protect children from exposure to sexuality at a young age. Jason Pate, from Babbitt, also spoke in support of Knutson, and stated that Grand Ely Lodge was not in compliance with existing city and state zoning and ordinances on adult cabaret for hosting the show. “A drag brunch for children is not only inappropriate, but also in violation of city laws,” he said, although Pate did not cite any specific city ordinances, and the council did not respond to either of the speakers.
• Noted that planning and zoning will be issuing blight citations and letters. The city has set clean-up days for May 19 and 20.
• Heard that calendar parking is still in effect and will remain until city streets and sidewalks are swept and some tree maintenance is completed.
• Set a public hearing for May 16 at 5:15 p.m. to discuss a blighted property at 109 W Conan St. The property owner has until May 15 to remedy the situation.
• Formally lifted the moratorium on the sale of cannabinoid products derived from hemp.
• Approved, pending completion of required paperwork, an off-sale cannabinoid dealer license for Zup’s Grocery.
• Approved a $17,000 commercial rehabilitation loan for Jasper Company for a kitchen remodeling project.
• Heard that Campbell is stepping down from her seat on the Heritage Preservation Council (citizen seat), but will remain as the non-voting council representative. The city will advertise to fill the open seat.
• Approved an agreement with Closed Door Films to film on city properties including city hall, Whiteside Park, Semer’s Park, Ely Cemetery, and the Ely Library. Most filming will be completed by early in June. Omerza said the film company will be bring a special guest to Whiteside Park on July 4 that “everyone will want to see.”
• Awarded the airport taxi-lane project to the low bidder, Low Impact Excavators, for $263,298.
• Had no discussion of a letter sent by Ely-Bloomenson CEO Patti Banks to the Ely Area Ambulance Service which stated the hospital has concerns over the governance and operations of the ambulance service and is questioning the legalities of continuing to donate cash in light of these concerns. The letter said the hospital proposes entering into discussion with the ambulance service to include having the hospital acquire the license, assets, and operations of the service, or making a contract between the hospital and ambulance service setting forth governance and operational changes needed in order for the hospital to feel comfortable enough to resume donations.