City of Ely Minutes from May 15, 2007

UNOFFICIAL MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, May 15, 2007<BR><BR>6:30 P.M. Regular Meeting<BR><BR>Ely City Council<BR><BR>Regular meeting of the Ely City Council was called to order at 6:30 P.M. by Mayor Charles J. Novak.<BR><BR>PRESENT: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec and Mayor Novak (7)<BR><BR>ABSENT: None (0)<BR><BR>Moved by Zupec, supported by Lindroos, that the minutes of the regular City Council meeting of 1st and the Board of Review meeting of May 3rd be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following additions were added to tonight's agenda: <BR><BR>1.) John Fossum requesting approval to used the appropriate Planning and Zoning process to amend the current zoning of the campus footprint to allow assisted living for the new facility being built at the Ely Bloomenson Community Hospital. Moved by Nikkola, supported by Omerza, that the request be placed under Requests to Appear before Council, Item #1. Carried unanimously.<BR><BR>2.) Moved by Nikkola, supported by Omerza to include authorization of conveyance of real property to JMW Development LLC, and approval to amend agreements per possible name change of the JMW Pamida project by JMW's bank as Items #1 and #2 under the City Attorney, Committee reports. Carried unanimously<BR><BR>3.) Moved by Omerza, supported by Zupec, to add the Letter of Resignation from the City Building Inspector to Communications, Item C. Carried unanimously.<BR><BR>4.) City Administrator requested Council approval of bid award for installation of a new water line for the Dry House at Pioneer Mine. Moved by Debeltz, supported by Nikkola to include bid discussion under City Engineer, #2. Carried unanimously.<BR><BR>Mayor Novak reported there will be a City of Ely/Town of Morse Special Study Session Meeting on Monday, May 21st, 7:00 P.M. at Morse Town Hall to continue discussions on annexation issue. He also stated that a Special Ely City Council Meeting is scheduled for Tuesday, May 29th, 5:30 P.M. to address the hiring of a custodial worker. <BR><BR>Mayor Novak also reported that the League of Minnesota Cities will make a presentation on Land Use Issues and Model City Charters on Wednesday, May 30th at Grand Ely Lodge from 1:00 P.M. to 5:00 P.M. Mayor Novak recommends that the Town of Morse and Joint Powers also be invited to attend. He requested that reservations to attend this presentation please be made with the Clerk's Office by May 25th. Mayor Novak also stated that John Schell, Arrowhead Regional Development Association Northspan Group will make a presentation on Economic Development on Wednesday, June 6th. The time has yet to be set. Mayor Novak suggested that the EEDA and Joint Powers also be invited to attend this presentation. Matter of information.<BR><BR>Mayor Novak thanked the Ely Chamber of Commerce for their $1,000.00 donation towards Ely's July 4th Fireworks Display. Moved by Debeltz, supported by Omerza, to send a letter of appreciation to the Chamber of Commerce for donating $1,000.00 towards City of Ely's July 4th Fireworks Display. Carried unanimously. <BR><BR>Mayor Novak commended City Police Officer John Lahtonen for volunteering annually to drive bus for Ely School Patrol Minnesota Twins Game in Twin Cities. Moved by Debeltz, supported Omerza, to send a letter of appreciation to John Lahtonen for his volunteer services with the Ely Scholl Patrol, Carried unanimously.<BR><BR>The following consent agenda items were brought before the City Council for approval: <BR><BR>1. Coalition of Greater Minnesota Cities 2007 Summer Conference, Detroit Lakes, July 25th through 27th (request authorization that Mayor Novak as the City Representative and/ or Council Member Zupec as City Alternate be authorized to attend).<BR><BR>2. Ely Jaycees request for temporary On Sale 3.2 Beer License at Whiteside Park, July 27th through 29th; and request that City waive fee for police officer as in past (approve subject to filing of proper paperwork/insurance, the list to be provided to Ely PD of responsible parties that will be monitoring area where beer will be consumed).<BR><BR>3. Parent Teacher Organization member Karin Schmidt request for crosswalk enforcement and painting of crosswalk at 4th and Sheridan; installation of a flexible crossing sign at 4th and Sheridan (approve and refer to Police Chief and Gen. Foreman Public Works to coordinate).<BR><BR>4. Ely Community Resource 2nd quarter 2007 progress report. Matter of information.<BR><BR>5. Steve Kleist of Vermillion Community College letter of appreciation for Terry Jackson's presentation. Matter of information.<BR><BR>6. Carl R. and Nancy Brady of Northern Grounds request to transfer wine and On Sale 3.2 Beer (strong) license to Kenneth F. and Julie M. Vanderbeek of Wise Guy Pizza Inc. (approval subject to filing of proper paperwork).<BR><BR>Moved by Zupec, supported by Omerza, that above items be approved and ordered filed. Carried unanimously.<BR><BR>John Fossum of the Ely Bloomenson Community Hospital stated that in the process of engaging the architectures and engineers for the new assisted living development, they didn't anticipate that the hospital's campus is zoned as P1 for hospital and nursing homes but not assisted living. Mr. Fossum provided a map of the where the new facility will be located. Mr. Fossum stated that construction is planned to begin in the fall and would like to ask Planning and Zoning to undertake the process as soon as possible, including public hearings, to change zoning from P1 to R2. Mayor Novak stated that a motion to allow the Council to call for a public hearing and to put a notice in the paper to hold this hearing June 7th. Sheddy emphasized the need to work with Planning and Zoning in accelerating this whole process. Moved by Nikkola, supported by Lindroos, to accept the Mr. Fossum's request and initiate a public hearing for June 7th to be conducted by Planning and Zoning for amending the City Code to allow for the rezoning of the hospital grounds from P1 to R2 that allows for assisted living. Carried unanimously.<BR><BR>Council Member Nikkola represented the Budget Committee's request per their May 10th meeting to reallocated funds within the Mayor/City Council Department for new computer work stations and Minnesota League of Cities Expenses not budgeted. Moved by Nikkola, supported by Zupec, that City Council approve the transfer both $2,000 from the 101-41110-331 Mayor/Council Traveling/Training and $10,000 from 101-41110-437 Mayor/Council Other Miscellaneous accounts to increase dollars in the both the 101-41110-309 Computer Maintenance ($6,500) and 101-41110-433 Dues and Subscriptions ($5,500) accounts. Carried unanimously.<BR><BR>Nikkola also discussed replacement/repair of sidewalks and application/maintenance of traffic paint. Moved by Nikkola, supported by Zupec, that City Council approve the transfer of $34,000 from Police Department 101-42100-101 Full-Time Employee account to add: $4,000 to the Police Department 101-42100-226 Signs account; $15,000 to the Highways, Streets & Road 101-43100-231 Highways & Streets account; and $15,000 to the Highways, Streets & Road 101-43100-232 Sidewalks/Curbs account. Carried unanimously.<BR><BR>Mayor Novak stated that the Ely Economic Development Authority is required to operate as a separate entity for managing its funds. Moved by Nikkola, supported by Zupec, that City Council approve to separate the EEDA from City Accounting and re-established through direction provided by Gary Giroux of Walker, Giroux & Hahne LTD. Carried unanimously. <BR><BR>Mayor Novak stated that Ely Community Access Television is required per contract to submit the ECAT's annual operating budget report to the City for approval. This has not been done to date. Moved by Nikkola, supported by Zupec, that the ECAT provide its annual operating budget to the Telecommunication Advisory Board for budget review. Carried unanimously.<BR><BR>City Council previously approved $1,700 for purchase of a used video camera for City departmental technical and administrative use/documentation. This purchase will be funded from both the City and the Ely Utilities accounts. Matter of information. <BR><BR>Council Member Omerza reported on the Parks and Recreation Committee meeting. Omerza requested that Public Works be directed to ensure that the City's parks are safe and equipment is up to standard. For example there are no garbage containers at Semer's Park and trash is being discarded on the grounds. Mayor Novak directed City Treasurer/Administrator to direct Public Works to ensure these issues with park maintenance and safety are addressed appropriately. Matter of information.<BR><BR>Council Member Omerza also stated that Swimming lessons are going to be available through Community Education at Semer's Park this summer. Parents and guardians will be required to sign liability waivers for participants. Omerza requested that the City Administrator review the City's insurance liability coverage since swimming lessons have not been offered before via the City Lifeguards. <BR><BR>Mayor Novak discussed the Ely Economics Development Association acting as the City's broker for all commercial property. Moved Omerza, supported by Nikkola, to task the City Attorney to recommend to City Council the EEDA's ability to be provided a percent on the sale of City commercial property as a fee for acting as sales broker. Carried unanimously. It was then moved by Nikkola, supported by Sheddy, that Council authorizes the EEDA to broker all commercial land sales for the City. Carried unanimously. Mayor Novak stated that one upcoming commercial property transaction will be the sale of the County Garage (once this property is transferred to the City) for an estimated $500,000. A notice will be posted in the newspaper that states the City will be accepting offers on purchase of this property.<BR><BR>Mayor Novak reported that the Blandin Foundation will be offering grant proposal writing training on May 21st at Grand Marais and encourages participation. Council Member Omerza and City Administrator Butler can provide more detail information as needed.<BR><BR>Council Member Omerza reported that the video "Remembering the Pioneer Mine" will be aired on Community Access Television on Wednesday May 16 at noon, Thursday May 17 at 2:00 P.M., and Friday May 18 at 4:00. Matter of information.<BR><BR>The Employee Relations Committee requested that Council consider several motions. Moved by Nikkola, supported by Sheddy, that the City Council approve the Employee Relations Committee to meet with the #1490 Union Bargaining Agent to discuss concepts in the future employee structure of Public Works. Carried unanimously.<BR><BR>Moved by Lindroos, supported by Zupec, that the Mayor and City Administrator Ely sign the Connie Kotzian contract renewal for the 2007 Whiteside Park Restroom Cleaning Services. Carried unanimously. <BR><BR>Mayor Novak also reported on the hiring process of the upcoming custodial position. Moved by Nikkola, supported by Debeltz, that a special Employee Relations Committee meeting will be held Monday, May 21st at 5:300 P.M. to review all applications for the custodial positions and select the top candidates for interviews. A special Employees Relations Committee meeting will then be held Thursday, May 24th at 5:00 P.M. to review results of the interviews and to select a candidate for recommendation to City Council for approval at their first scheduled meeting in June (June 5th). Carried unanimously. <BR><BR> <BR><BR>Council Member Lindroos summarized the Summer Downtown Parking Plan for 2007. Options include either maintain status quo by retaining the two-hour parking and ticket violators accordingly, or adopt the Merchant Board parking system. This parking system entails customers obtaining a parking pass form the merchants that would protect them from parking tickets for the date of issue. This pass would be visible in the passenger's windshield area. Vehicle without a valid pass would be ticketed after the two hour parking limit expires. The Merchant Board parking permit system would be reviewed mid-July to ascertain effectiveness. Moved by Lindroos, supported by Zupec, to allow merchants to issue parking permits and then evaluate the system's effectiveness in Mid-July. Carried unanimously.<BR><BR>Note: Council Member Zupec excused himself from the City Council meeting at 7:02 P.M. and returned before 7:03 P.M.<BR><BR>Mayor Novak stated that the City Clerk's Office has been handling the sale of City-owned lands and there is no firm procedure that has been established. Although the City has been relatively successful in selling parcels on its own, this has required extra administrative work on behalf of the City Clerk's office. Therefore the City Attorney was tasked to review the guidelines on sale of City-owned lands through licensed real estate agents. There is nothing that prohibits the City Council from authorizing the sale of City-owned property by a licensed real estate agent. In addition, there is no requirement to bid out the services as real estate agents and brokers are generally considered professional services exempt from competitive bidding. Matter of information.<BR><BR>Mayor Novak requested the status of new fire contract extension with Morse and Fall Lake. City Administrator Butler stated that agreements have been mailed for signature. Matter of information.<BR><BR>Mayor Novak presented the resolution developed to enable the City to publish a public hearing notice relative to vacating the highway use of the MNDOT-deeded property in order to continue the transaction with JMW development and make the title marketable. <BR><BR>WHEREAS, the City Council of the City of Ely, Minnesota, pursuant to its Charter and Minnesota Statutes, desires to consider the vacation of a portion of MNDOT-deeded property, which has by operation of statutes become a street, between Hwy. 1, Sheridan Street, Harvey Street and 15th Avenue, legally described as:<BR><BR>That part of the unplatted portion of the Northeast Quarter of the Northeast Quarter of Section 34, Township 63 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the East Line of said Northeast Quarter of the Northeast Quarter to bear South 00&#176; 39' 23" East and from the Northeast Corner of the Northeast Quarter of the Northeast Quarter, run South 00&#176; 39' 23" East along said East Line, a distance of 1,025.85 feet; thence South 89&#176; 33' 37" West, a distance of 75.00 feet to a point on the West Right-of-Way of Minnesota State Highway Number 1, being the POINT OF BEGINNING. <BR><BR>Thence continue South 89&#176; 33' 37" West, a distance of 123.21 feet to a point on the South Line of Block 2 of the plat of Zaverl's Fifth Addition and a nontangential curve concave to the Southwest;<BR><BR>thence Northwesterly along said nontangential curve, central angle of 42&#176; 41' 17", chord bearing of North 48&#176; 08' 42" West, chord distance of 779.56 feet, radius of 1,070.92 feet, a distance of 797.89 feet to a point on the West Line of the officially recorded plat of Zaverl's Fifth Addition extended northerly to the South Right-of-Way of Sheridan Street;<BR><BR>thence North 00&#176; 26' 23" West along said West Line extended a distance of 70.83 feet to the South Right-of-Way of Sheridan Street.<BR><BR>Thence North 89&#176; 33' 19" East along said South Right-Of-Way, a distance of 429.98 feet; thence South 16&#176; 12' 17" East, a distance of 97.51 feet; thence South 42&#176; 41' 12" East, a distance of 275.07 feet; thence South 64&#176; 31' 34" East, a distance of 63.83 feet to said West Right-of-Way of Minnesota State Highway Number 1; thence South 00&#176; 39' 23" East along said West Right-of-Way, a distance of 270.11 feet to the POINT OF BEGINNING.<BR><BR>Said parcel contains 3.93 acres.<BR><BR>NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ELY, MINNESOTA:<BR><BR> The Council will consider the vacation of such land and a public hearing shall be held on such proposed vacation on the 4th day of June, 2007, before the City Council in the City Hall located at 209 E. Chapman Street, Ely, Minnesota, at 6:00 p.m., and the clerk shall give published and posted notice as required by law.<BR><BR>THIS RESOLUTION IS HEREBY ADOPTED, by the City Council of the City of Ely and the undersigned Mayor and Clerk hereby certify the adoption of said Resolution.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council Member Debeltz, seconded by Council Member Nikkola, and declared carried on the following vote:<BR><BR>YES: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec and Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted on this 15th day of May 2007.<BR><BR>Mayor Novak reported that based on renaming requirements imposed by the financial institution financing several JMW projects which includes the Pamida Project, the JMW and City of Ely contract documents should be amended to reflect the name change accordingly. Moved by Lindroos, supported by Nikkola, to allow the Mayor and City Administrator to amend, if necessary, any documents requiring a name change associated with the JMW Development project. Carried unanimously.<BR><BR>Mayor Novak requested that Council Members please review the City Engineer's May Project Status report and the May 2007 Ely Capital Improvements Plan and select specific projects that the City will want to prioritize to put in the upcoming state bonding request for this fall Matter of information. <BR><BR>City Administrator Butler reported the three bids submitted for install of a waterline to the City Dry House at the Pioneer Mine that will be connected to the a new sprinkler system. Bids were as follows: C&C Winger Inc.: $8,500; Utility Systems of America, Inc.: $8,500; and Louis Leustek and Sons, inc.: $9,500. Because the low bidders were tied, the City Engineer had no recommendation to Council. Council Member Nikkola stated that C&C Winger included one 6-inch gate valve not included in the bid of the Utility Systems of America, Inc. Moved by Nikkola, supported by Lindroos, to award the installation of water service to the Dry House to C&C Winger, Inc. Carried unanimously.<BR><BR>City Administrator Butler reported that discussions with technical representatives of Voltz Technologies and Banyon Data Systems recommend that all City financial data in Banyon need to be moved to the City's central server. Moved by Debeltz, supported by Lindroos, that all Banyon City financial data shall be moved to the City's central server. Carried unanimously.<BR><BR>City Administrator Butler also reported on the stone repair working ongoing at the Community Center building. Options have been posed to further anchor the loose stones including inserting four pins in about 15 stones on the building that have shifter (about $186/stone) and anchoring the all top stones thus better securing them using two anchors to each increasing costs to more than $16,000. Mayor Novak asked to be excused, recessing the Council meeting at 7:22 P.M. to obtain 2007 budget information for the Community Center. Resuming the Council meeting resumed at 7:23 P.M., the Mayor stated that $48,000 is available in the capital improvements and $8,000 in the repairs/maintenance accounts designated for the Community Center's 2007 budget. The grant for repairs has already been exceeded by $10,000 and that can be covered by a portion of the available $56,000. Moved by Debeltz, supported by Omerza, that Council approves additional repairs to the stones per recommendations of the contractor not to exceed $21,000. Carried unanimously.<BR><BR>Communication was received from the EUC General Manager to present the following consent agenda items:<BR><BR>1. Recommend City purchase hydrants to replace the following bad ones: 11th Avenue West between Conan and Harvey Streets; 9th Avenue East between Sheridan and Camp Streets; 15th Avenue East between Harvey and Chapman Streets; Pioneer Road ( new hydrant recommendation for S & I Committee)<BR><BR>- low quote from HD Supply Waterworks, Eden Prairie, MN - $7,262.40 -EUC to install hydrants.<BR><BR>2. Purchase truckload (30) chemonite treated power poles - low quote from Page & Hill Forest Products, Big Falls, MN - $6,592.50.<BR><BR>3. Pay RLK Invoice #1 - Central Avenue Improvements - $1,400.00<BR><BR>4. Pay RLK Invoice #11 - 4th Avenue E. Infrastructure Improvements - $4,280.00<BR><BR> INFORMATION<BR><BR>1. Rates Committee to further evaluate "sprinkling rate."<BR><BR>2. Budget for infrastructure televising camera next year.<BR><BR>3. Meeting date change for next meeting - Tuesday, May 22nd, 5:30 P.M.<BR><BR>4. Refer outstanding RLK invoices on Joint Public Works Facility to joint study session with City Council.<BR><BR>Moved by Zupec, supported by Debeltz, that above consent agenda items be approved and ordered filed. Carried unanimously.<BR><BR>The following claims for payment were presented for City Council approval: <BR><BR>A. Trinity Computer Systems - City computer system - to pay company direct - Trend Micor ScanMail - $636.80<BR><BR>B. Voltz Technologies:<BR><BR>1. April 30, 2007 - City computers - $931.48 *complete breakdown on invoice;<BR><BR>2. Invoice #204251 - POS - $29.80;<BR><BR>3. Invoice #204319 - computer repair - $75.96;<BR><BR>4. Work Order #201 - computer repair - $1,180.00<BR><BR>C. WSB and Associates - Invoice #22 - Construction Services for Runway Safety Area Expansion - March 2007 - $7,099.01 (approve contingent Airport Commission approval).<BR><BR>Moved by Omerza, supported by Lindroos, that the above claims be approved and ordered files. Carried unanimously.<BR><BR>Ken Innis of Blueberry Ridge LLC has requested Council to consider a Development Agreement. Invited to discuss progress of the new residential development, Mr. Innis presented a map of the project before the Council and audience, stating he hopes to break ground by July. He stated that on May 3rd, Planning and Zoning approved the initial plat for his development project. Mr. Innis thanked the Planning and Zoning Commission, Kitty Kennedy and Ely Butler for all their assistance. He projects a schedule of having a final plat and development agreement in place by the second Council meeting in June. Mayor Novak extended his thanks for bringing the development project to the City of Ely and remarking that a similar project is underway and met with an immediate response with already 20 deposits for the townhouses having been secured. Moved by Zupec, supported by Debeltz, to assign a negotiating committee to work with Ken Innis to develop an agreement with the City and Blueberry Ridge LLC as soon as possible. Carried unanimously.<BR><BR>A letter of resignation was offered for Council consideration by Dan Przybylski to no longer serve on the EUC and Airport Commission. Mayor Novak commended Mr. Przybylski's many year of serving the City well as a City Council Member, member of the Airport Commission and his other committee work as well. Moved by Debeltz, supported by Zupec, that the Council send a Letter of Appreciation to Dan Przybylski commending him for all his years of community service. Carried unanimously. A second motion was made by Debeltz, supported by Zupec, to advertise for new members to fill the new vacancies for the EUC and Airport Commission. Council Member Omerza requested this motion be amended to also include advertisement for a new member for a Telecommunications Advisory Board who also must be a Charter Communications subscriber. Moved by Debeltz, supported by Zupec that City Council advertises vacancies for the EUC, Airport Commission and TAB. Carried unanimously.<BR><BR>As an addition to the Communications portion of the Council Agenda, Mr. Butler presented the letter of resignation of Marc Davis, the City's Building Inspector, noting that Mr. Davis also is a licensed plumbing inspector as well. Moved by Zupec, supported by Debeltz, that City Council accept Marc Davis' resignation, publish a notice for a building/plumbing inspector and send a letter of appreciation to Marc Davis. Carried unanimously.<BR><BR>The Ely Little League Association requested approval to barricade Harvey Street during Little League games. Council Member Omerza added that T-Ball is also going to be underway on Wednesday and Saturday mornings and should be included in consideration to close Harvey Street via barricades during these time periods. It was also noted that the barricades shall be removed for any emergency vehicle service as needed. Moved by Debeltz, supported by Nikkola, to close Harvey Street via barricades for Little League and T-Ball games, opening as necessary for emergency vehicle passage. Carried unanimously.<BR><BR>Moved by Omerza, supported by Zupec, that the City of Ely dispense with readings in their entirety of all ordinances and resolutions on tonight's agenda. Carried unanimously. <BR><BR>Mayor Novak offered the following ordinance: Proposed Ordinance #198, Second Series, an Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 20, Section 20.2.39, Authorizing Conveyance of Real Property to JMW Development, LLC. <BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. The Council of the City of Ely, having considered the matter, has determined that the real property hereinafter described does not currently serve any public purpose, the conveyance of this real property is in compliance with the comprehensive municipal plan, the Planning Department has determined that the proposed development is consistent with the comprehensive municipal plan; and, is therefore available for transfer and potential development.<BR><BR>SECTION 2. Pursuant to Section 12.05 of the Charter of the City of Ely, Minnesota, the Council of the City of Ely is hereby authorized, to transfer, contingent upon the ability to convey clear title, pursuant to the proposed Development Agreement and other agreements, and the Mayor and Clerk/Treasurer are hereby authorized to execute a quit claim deed with prohibition on developing a "strip mall," and further authorized to execute all other documents and perform all acts necessary for the transfer, to JMW Development, LLC, that certain real estate legally described as follows:<BR><BR> <BR><BR>That part of the unplatted portion of the Northeast Quarter of the Northeast Quarter of Section 34, Township 63 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the East Line of said Northeast Quarter of the Northeast Quarter to bear South 00&#176; 39' 23" East and from the Northeast Corner of the Northeast Quarter of the Northeast Quarter, run South 00&#176; 39' 23" East along said East Line, a distance of 1,025.85 feet; thence South 89&#176; 33' 37" West, a distance of 75.00 feet to a point on the West Right-of-Way of Minnesota State Highway Number 1, being the POINT OF BEGINNING. <BR><BR>Thence continue South 89&#176; 33' 37" West, a distance of 123.21 feet to a point on the South Line of Block 2 of the plat of Zaverl's Fifth Addition and a nontangential curve concave to the Southwest;<BR><BR>thence Northwesterly along said nontangential curve, central angle of 42&#176; 41' 17", chord bearing of North 48&#176; 08' 42" West, chord distance of 779.56 feet, radius of 1,070.92 feet, a distance of 797.89 feet to a point on the West Line of the officially recorded plat of Zaverl's Fifth Addition extended northerly to the South Right-of-Way of Sheridan Street;<BR><BR>thence North 00&#176; 26' 23" West along said West Line extended a distance of 70.83 feet to the South Right-of-Way of Sheridan Street.<BR><BR>Thence North 89&#176; 33' 19" East along said South Right-Of-Way, a distance of 429.98 feet;<BR><BR> thence South 16&#176; 12' 17" East, a distance of 97.51 feet;<BR><BR> thence South 42&#176; 41' 12" East, a distance of 275.07 feet;<BR><BR> thence South 64&#176; 31' 34" East, a distance of 63.83 feet to said West Right-of-Way of Minnesota State Highway Number 1; <BR><BR> thence South 00&#176; 39' 23" East along said West Right-of-Way, a distance of 270.11 feet to the POINT OF BEGINNING.<BR><BR> Said parcel contains 3.93 acres.<BR><BR>This authorization is SUBJECT to the terms and execution of the Development Agreement, and FURTHER SUBJECT to the terms and execution of a Subsidy Agreement by and between the City of Ely and JMW Development, LLC, and FURTHER SUBJECT to the ability to convey clear title, and prohibiting the development of any strip mall.<BR><BR>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 immediately after final adoption and publication.<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council Member Nikkola, seconded by Council Member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy and Mayor Novak (6)<BR><BR>NO: Zupec (1)<BR><BR>ABSENT: None (0)<BR><BR>Ordinance No. 198, second Series, adopted and given a second and final reading and publication, this 15th day of May 2007.<BR><BR>Mayor Novak offered the following ordinance: Proposed Ordinance #199, Second Series, an Ordinance of the City of Ely, Minnesota, Amending to the Ely City Code, Chapter 11, Section 11.01, SUBD. 9, Entitled Home Occupations. The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. Chapter 11 as Section 11.01, of the Ely City Code shall be amended to read as follows:<BR><BR>Subd. 9. "Home Occupations."<BR><BR>A. Purpose and Intent. It is the purpose and intent of this Subdivision to encourage families, build communities and safeguard neighborhoods while retaining the residential character of neighborhoods.<BR><BR>B. Home Occupation Defined. Any activity operated for monetary gain in, or directed from, a residential dwelling or unit by one or more occupant(s) residing within the dwelling or unit.<BR><BR> <BR><BR>C. Home Occupation Standards. A home occupation shall be an accessory use to a residential dwelling or unit, provided that:<BR><BR>1. The activity is compatible with the residential use of the property and surrounding residential uses;<BR><BR>2. The activity employs no more than 5 employees;<BR><BR>3. Retail sales are prohibited, except where the product(s) is produced on the premises;<BR><BR>4. The volume of deliveries, truck or other vehicular traffic is not in excess of what is normally associated with residential use in the neighborhood;<BR><BR>5. The activity uses no equipment or processes that create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbors;<BR><BR>6. The activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use of the neighborhood;<BR><BR>7. The maximum allowed signage for a home occupation is four (4) square feet;<BR><BR>8. An accessory structure may be used for the home occupation, provided that the above provisions are followed.<BR><BR>D. Variance. A variance may be applied for from the provisions above. A variance cannot be applied for a use that is not allowed in a zoning district, as per Section 11.43A, D of the City Code.<BR><BR>E. Common Interest Community. In the case of a dwelling unit which is part of a common interest ownership community (a community in which at least some of the property is owned in common by all of the residents), the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, by-laws or other documents which prohibit a home occupation within a dwelling unit.<BR><BR>F. Standards established pursuant to this section shall apply to all residences.<BR><BR>G. At any time, and for due cause, based upon the needs of the community, the City Council may establish by ordinance limitations for, or prohibit entirely, any home occupation, including but not limited to those involving manufacturing, warehousing, retailing or providing services, which it deems would be incompatible with the residential zones in which they are located.<BR><BR>H. The provisions of this ordinance shall not be construed as limiting in any manner the powers of the City of Ely to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances.<BR><BR>SECTION 2. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective thirty (30) days after final adoption and publication. <BR><BR>Motion for the adoption of the foregoing ordinance was made by Council Member Nikkola, seconded by Council Member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec and Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Ordinance No. 199, Second Series, adopted and given a second and final reading and publication, this 15th day of May 2007.<BR><BR>Mayor Novak offered the following ordinance: Proposed Ordinance #200, Second Series, an Ordinance of the City of Ely, Minnesota, Amending the Ely City Code, Chapter 5, Section 5.02, SUBD. 8. <BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. Section 5.02, Subd. 8 of the Ely City Code shall be amended to read as follows:<BR><BR>A. No license under this Chapter may be issued, or renewed, to: (1) a person not a citizen of the United States or a resident alien; (2) a person who within five years of the license application has been convicted of a willful violation of a Federal or State law, or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution, of alcoholic beverages; (3) a person who has had an alcoholic beverage license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; (4) a person under the age of twenty-one years; or, (5) a person not of good moral character and repute.<BR><BR>B. No person holding a license from the Commissioner as a manufacturer, brewer or wholesaler may have any ownership, in whole or in part, in a business holding an alcoholic beverage license from the City.<BR><BR>C. No on-sale, or on-sale wine license shall be issued to a Arestaurant@ applicant unless the applicant makes a bona fide estimation that at least sixty percent of the gross receipts of the establishment during its first year of business will be attributable to the sale of food. No on-sale, or on-sale wine license shall be renewed for a Arestaurant@ applicant in which less than sixty percent of the gross sales receipts, as certified by a financial statement submitted by an independent certified public accountant, during the immediately preceding business year were attributable to the sale of food.<BR><BR>D. Notwithstanding the provisions of Subd. 8.B. above, the City may issue to a brewer or "brew pub" an on-sale intoxicating liquor and/or 3.2 percent malt liquor license if they meet all of the following criteria:<BR><BR>1. They must possess a liquor brewer/manufacturer license issued by the Commissioner of Public Safety.<BR><BR>2. They must operate a restaurant on the brewery premises.<BR><BR>3. They must also hold one or more retail on-sale licenses and manufacture fewer than 3,500 barrels of malt liquor in a year, at any one licensed premises, using only work produced on the brewery premises in Ely, Minnesota, the entire production of which is solely for consumption on tap on the licensed premises or for off-sale from that licensed premises. A brewer licensed under this clause must obtain a separate license for each licensed premises where the brewer brews malt liquor. A brewer licensed under this clause may not be licensed as an importer.<BR><BR>4. They must not have an ownership interest in whole or in part, in any other licensed intoxicating liquor or malt liquor manufacturer, brewer, importer or wholesaler, except for a similarly licensed restaurant-based brew pub. In addition, the licensee cannot be an officer, director, agent or employee of a licensed manufacturer, brewer, importer or wholesaler.<BR><BR>SECTION 2. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication.<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council Member Sheddy, seconded by Council Member Nikkola, and declared carried on the following vote:<BR><BR>YES: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec and Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Ordinance No. 200, Second Series, adopted and given a second and final reading and publication, this 15th day of May 2007.<BR><BR>Mayor Novak offered the following ordinance: Proposed Ordinance #201, Second Series, an Ordinance of the City of Ely, Minnesota, Additing to the Ely City Code, Chapter 5, Section 5.07.2, Entitled "Off-Sale" Malt Liquor License. <BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. A new Section shall be added to Chapter 5 as Section 5.07.2 of the Ely City Code to read as follows:<BR><BR>SEC. 5.07.2 "OFF-SALE" MALT LIQUOR LICENSE<BR><BR>Subd. 1. An "on-sale" licensee who is also a brewer licensed under Minnesota Statute 340A.301, Subd. 6(d) may be licensed for "off-sale" of malt liquor produced and packaged on the licensed premises, subject to the following conditions:<BR><BR> A. Off sale of malt liquor may only be made during the hours of Twelve O'clock Noon ( 12:00 A.M.) and Eight O'clock P.M. ( 8:00 P.M.);<BR><BR> B. The malt liquor shall be packaged in 64 ounce containers commonly known as "growlers;"<BR><BR> C. The malt liquor sold at off-sale must be removed from the licensed premise before the applicable closing time at exclusive liquor stores;<BR><BR> D. The "growlers" must be sealed in such a manner that the seal must be broken in order to open the container, and the seal must bear the name and address of the brewer, and the legend "Not for Consumption in Public" must be prominently displayed on the seal.<BR><BR>Subd. 2. "Off-sale" malt liquor premises shall not be subject to any requirement that they be located at any distance from another "off-sale" liquor premise.<BR><BR>Subd. 3. The total sales at on-sale or off-sale of a brewer licensed to sell at off-sale may not exceed 3,500 barrels per year and off-sales may not total more than fifty (50) percent of the brewer's production or 500 barrels, whichever is less.<BR><BR>Subd. 4. The annual license fee shall be ________.<BR><BR>SECTION 2. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication.<BR><BR>Motion for the adoption of the foregoing ordinance was made by Council Member Nikkola, seconded by Council Member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec and Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Ordinance No. 201, Second Series, adopted and given a second and final reading and publication, this 15th day of May 2007.<BR><BR>Mayor Novak offered the following ordinance: Proposed Ordinance #TBD, Second Series, an Ordinance of the City of Ely, Minnesota, Amending the Ely City Code, Chapter 5, Section 5.05. <BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>SECTION 1. Section 5.05 of the Ely City Code shall be amended to read as follows:<BR><BR>No license shall be granted for any building located on a lot immediately adjacent to a lot upon which there is any public school or church structure. For purposes of the Section, a lot located across a street or alley from a public school or church structure is not immediately adjacent.<BR><BR>SECTION 2. Effective Date: Pursuant to Section 3.08 of the charter of the City of Ely, Minnesota, the adoption of the Ordinance is effective immediately after final adoption and publication.<BR><BR> <BR><BR>Motion for the adoption of the foregoing ordinance was made by Council Member Nikkola, seconded by Council Member Lindroos. Discussion ensued concerning the language of this proposed ordinance not prohibiting a church or school structure from being located on a lot immediate adjacent upon which there is a licensed building. Council Member Nikkola said language must reflect both directions for each party and this ordinance should be submitted to the City Attorney for revision. Moved by Lindroos, seconded by Nikkola, that the motion for the City Council to adopt the above ordinance be rescinded until the City Attorney revises the language to work either way for parties involved. Carried unanimously. <BR><BR>Mayor Novak reported that the School Board may consider changing its length to coincide with the City's election schedule. This consolidation would reduce costs associated with election advertising, use of equipment and other administrative costs instead of holding separate events. If the sales and use tax passes in the state legislature, then the City could put it on the local ballot if an election is held this year. If it doesn't pass in the state legislature this year, then the City can consider a reverse referendum process. <BR><BR>Shreave Wheel Productions, a division of Fancy Pants Productions, Inc. requested that the City of Ely proclaim August 22nd a permanent day of remembrance to be celebrated each year for the people who worked for the mines of the Vermillion Range. August 22, 1967 was when the last load of ore to be shipped from the vermillion Range left Ely. Shreave Wheel Productions also requested that April 1st, the closing of the Pioneer Mine also be considered as another day of importance. Council Member Sheddy recommended to Council that August 22nd is the focal date to include those who worked in the mines, including the Pioneer Mine, and participated in the shipping of ore as the summer date will expose more people, e.g., tourists, summer residents and visitors to this recognition event. Moved by Sheddy, supported by Zupec that a proclamation letter be drafted to proclaim August 22nd a day of remembrance for those who worked in the Vermillion Range mining industry and read to Council for approval at the next Council meeting. Carried unanimously. <BR><BR>In celebration of the event, Shreave Wheels Productions also requested the use of the Miner's Dry House on Saturday, August 4th to host an event honoring those who worked the Vermillion Range. Mayor Novak requested that City Administrator have Sheave contact the Fire Department Chief about occupancy use requirement associated with the sprinkler system and report back to Council in June about the administrative criteria/process for using the building to host events.<BR><BR>Mayor Novak reported that the Minnesota House of Representatives re-approved placing a moratorium on all power plants in Minnesota. Minnesota utilities have identified a need for 2800 to 3600 megawatts of new base load generation in the next 15 years which is equivalent to 5 or 6 new Mesaba plants they plan to build. Excelsior Energy has published reasons to support the Mesaba Energy Project that will use coal as a fuel source via cutting edge coal gasification technology that is environmentally friendly and economical, reducing emissions by thirds compared to state-of-the art conventional coal plants. Moved by Zupec, supported by Omerza, that City Council support provide a Mayor and EUC President signed letter of support for Mesaba Energy Project. Carried unanimously.<BR><BR>Mayor Novak offered the following resolution: 2007-16: <BR><BR>WHEREAS: The Igloo Snowmobile Club is in need of a government sponsor for Grant-In-Aid snowmobile funding and<BR><BR>WHEREAS: The City of Ely is a local government entity, who has agreed to act as a sponsor between the DNR and Ely Igloo Snowmobile Club for the lake trail between Ely and Lake Vermillion,<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the May and City Administrator be authorized to sign all documents required by the Ely Igloo Snowmobile Club for this designated trail project.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council Member Omerza, seconded by Council Member Zupec, and declared carried on the following vote:<BR><BR>YES: Council Members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec and Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted on this 15th day of May 2007.<BR><BR>Moved by Council Member Sheddy, supported by Council Member Nikkola, that the meeting adjourn. Carried unanimously.<BR><BR>Lisa Allinger<BR><BR>Office Assistant<BR><BR>City of Ely<BR><BR>Ely Echo 5/26/2007