Ciyt of Ely Council minutes of Oct. 2

Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, October 2, 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, Omerza, Sheddy, Mayor Novak (5)<BR><BR>ABSENT: Council members Nikkola, Zupec (2)<BR><BR>Moved by Lindroos supported by Debeltz, that the minutes of the regular meeting of September 18, 2007, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>Mayor Novak requested the following addition to tonight's agenda: a resolution regarding City application to the IRR for a grant in the amount of $480,000 to provide funds to relocate utilities, upgrade infrastructure and make site improvements for the Spectrum Health assisted living project. Moved by Sheddy supported by Debeltz, that above addition be approved to be taken up under New Business, Item J on tonight's agenda. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler requested the following addition to tonight's agenda: fire contracts. Moved by Debeltz supported by Omerza, that that above addition be approved to be taken under Departmental Reports, Clerk-Treasurer/Administrator, Item 4. Carried unanimously.<BR><BR>Mayor Novak then requested a moment of silence in memory of Marcella Zupec, who passed away on September 29th with funeral service taking place Tuesday, October 2nd, and publicly acknowledging everything that she did for the City of Ely through her employment and volunteerism. <BR><BR>Mayor Novak reported that the Ely City Council will be meeting in Joint Study Session with the Town of Morse on Wednesday, October 3rd, 6:30 P.M. Morse Town Hall, regarding annexation issues. Matter of information.<BR><BR>Mayor Novak reported that the State Senate Bonding Committee will be holding a meeting at the VCC Fireside Room on Wednesday, October 10th at 4:00 P.M. with discussions evolving around the Pattison Street / Hospital expansion and 17th Avenue Infrastructure, and encouraged all council members to attend. Matter of information.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>1. Klun Law Firm - First Responders Agreement with Townships of Morse and Fall Lake ( Mayor/Clerk-Treasurer authorized to execute);<BR><BR>2. Proposed agreement for salt/sand storage building ( Mayor/Clerk-Treasurer authorized to execute);<BR><BR>3. Fire Chief Gerzin - fire protection for city property outside of city limits ( refer to City Attorney for review and recommendation back to Council);<BR><BR>4. Ralph Stevens - resignation from position as Custodian, effective September 24, 2007;<BR><BR>5. Police Chief Manning - Lynn and Donna Rogers residential parking request - INFORMATION;<BR><BR>6. St. Louis Co. - unorganized township 64-12 and 64-13, fire protection services agreement ( refer to City Attorney for review and recommendation back to Council);<BR><BR>7. Bob Anderson, Chief Custodian - request to call for proposals on 2-250,000 BTU fuel oil fired steam boilers at the Ely Community Center;<BR><BR>8. Klun Law Firm - easement to Blasing across aqueduct ( Mayor and Clerk-Treasurer authorized to execute per EUC request and City Attorney review);<BR><BR>9. Klun Law Firm - Fire Protection Mutual Aid Agreement with the City of Babbitt - INFORMATION<BR><BR>Moved by Debeltz supported by Lindroos, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Council member Omerza reported on behalf of the City Parks and Recreation Board meeting of October 1st: Board has been informed that all requests for reimbursement for CDBG grants must be remitted to CDBG by October 15, 2007. She will be presenting three bills at tonight's meeting, which she is requesting be paid and processed for grant reimbursement. Moved by Omerza supported by Sheddy, that the following claims for payment be approved: Forest Concrete Products Inc. - 6 bags of concrete, fiber, salt - $9,098.21; Northeast Technical Services Inc. - site/travel time for densities - troxler nuclear density meter - equipment usage - mileage - $537.50 ( to be taken out of CDBG grant); Pohaki Lumber Company - materials- $159.87 ( to be taken out of St. Louis County Land Grant). Carried unanimously.<BR><BR>Council member Omerza also reported that the construction of the new recreation center is moving ahead quickly, with Saturday, October 6th, beginning another volunteer work day at the site. She encouraged anyone that could volunteer some time during that day, to please do so. Matter of information.<BR><BR>Council member Sheddy reported that Infratech has begun filming the sanitary and sewer lines involved in the recent Whiteside Park flooding area per EUC request, and that as soon as reports are available, the Council will inform the public. He also reported that the EUC had discussions on Clerk's Office request to retain a drop box for utility bills at Ely City Hall with the Clerk's Office monitoring, but will not be making a utility bill payment drop box available at the Ely City Hall, as utility bills can be paid at any bank or the Joint Maintenance Facility, and also due to data privacy issues. Referencing the lead noted in recent water report per ad in newspaper, the city water is soft and clear and persons should let their water run and not cook with hot water. Council member Lindroos questioned the copper warnings posted, with Council member Sheddy commenting that the solution is the same for both. Matter of information.<BR><BR>Mayor Novak noted that in the September 25th Ely City Council Study Session minutes, recommendation was made that the EUC General Manager, with the assistance of City Engineer Harold Langowski, put together a public service announcement as to procedure and protocol the public needs to utilize, when experiencing the type of flooding problems that had occurred during the last several storms in the Ely area. Moved by Omerza supported by Debeltz, that recommendation be approved. Carried unanimously. <BR><BR> <BR><BR>Council member Omerza questioned as to whether or not Stan Passananti had been contacted relative to his offer to provide dumpsters to the City of Ely for those individuals that experienced flooding in the last several storms, and were cleaning out their basements of debris. Clerk-Treasurer/Admin. Butler was directed to contact Stan relative to his offer to the City.<BR><BR>City Attorney Bentz provided Council members with a communication relative to task sheet dated August 23, 2007, referencing Ely City Code Section 2.04, Council Procedure at Regular Meeting. He had been requested to interpret the language relative to the requirement of a unanimous vote by council members in order to place someone on the agenda who failed to meet the time requirements of the City's policy. Attorney Bentz stated that regarding whether or not it is appropriate to require unanimous consent, that is a policy issue for the Council to address. He recommended that although matters not on the agenda are "matters that are inappropriate for consideration", he would suggest that the last paragraph of Section 2.04 of the City Code be amended to clarify that it includes "matters not presented in time for the agenda" in addition to "matters that are inappropriate for consideration." The city's current policy of requiring notice to be placed on the agenda and limited time to speak is appropriate. Requiring the advance notice for placement on the agenda is helpful in allowing the council to plan an efficient meeting and to prepare responses to issues, if needed. Regarding whether the City Council can limit speakers to residents or taxpayers, Attorney Bentz does not advise it.<BR><BR>Matter of information. Council members requested Attorney Bentz to obtain examples from other cities to review, that would address this same issue. <BR><BR>City Attorney Bentz informed Council members that he is in receipt of a certificate of survey on Ely Cemetery Boundaries done by RLK Kuusisto, and after speaking briefly with Harold Langowski, it is his understanding that there are three issues with regard to the current cemetery boundaries:<BR><BR>1. The corner of Trembath's building encroaches on the cemetery property by approximately five feet ( although the survey certificate does not depict the location of the building);<BR><BR>2. The City's fence encroaches on the Leustek property by approximately three feet (the fence is not outlined on the certificate of survey received);<BR><BR>3. With regard to the Dorothy Molter Museum lease, the buildings are apparently not located within the area described in their lease.<BR><BR>With regard to first issue, Trembath encroachment could be resolved by granting an easement or deeding sufficient property to remedy the encroachment; the other alternative being to require them to move their building which would prove drastic under these circumstances. Relative to the fence line, City Attorney sees three options, being:<BR><BR>1. leave it as-is and treat the Ely property as going to the fence line, as it has been there for so many years, the City could arguably assert adverse possession rights;<BR><BR>2. move the fence so that it is consistent with the survey boundary; 3. leave the fence as-is, but treat the property as going to the survey line - discussions with Leustek may resolve this issue also. Regarding the Museum, one option would be to require the museum to move the buildings so they are within the description contained in the lease, with the more sensible option being to revise the lease to correspond to the location of the existing buildings.<BR><BR>The Cemetery Committee's concern over dedicating this cemetery property in perpetuity for the purpose of a cemetery could be addressed by ordinance, as current statutes grant a large amount of protection to the existing cemetery lots. Matter of information at this time.<BR><BR>City Engineer Harold Langowski reported that Infratech is already in town, televising sewer/sanitary lines, and will also be doing some smoketesting. He noted that they are finding debris in various pipe lines. After the City is in receipt of Infratech's findings, the City Engineer will be putting together a report, and is recommending that the Council then hold a public meeting towards the end of November, to address the findings of Infratech and the City Engineering report. Council concurred with recommendation.<BR><BR>Clerk-Treasurer/Administrator Butler reported that he has scheduled a meeting with City Independent Insurance Agent Paul Pederson, to meet with city employees, city officials and retirees, on October 24th, from 1:30 P.M. - 3:30 P.M. at the Joint Public Works Maintenance Facility, to discuss various health care plan options. This meeting will be posted so that any Council members available can attend.<BR><BR>Clerk-Treasurer/Administrator Butler reported that Local #1490 AFSCME Union had met on October 1st and were agreeable to waiving the City necessity of posting internally for Custodial Worker if the City would be agreeable to releasing employee payrolls checks on Thursday rather than Friday mornings. He noted that there would need to be a memorandum of understanding to the employee contracts. Moved by Debeltz supported by Omerza, that above agreement between the City of Ely and Local #1490 AFSCME Union be approved. Carried unanimously.<BR><BR>Council member Omerza questioned whether or not there is wording in the current hiring policy addressing the situation as to where if an individual is offered a city position and does not complete probationary period satisfactory or resigns, the City can then offer position to the #2 selection. Clerk-Treasurer/Administrator reported that this wording is in the current hiring policy draft, which will be addressed later on tonight's agenda.<BR><BR>Moved by Sheddy supported by Lindroos, that the City offer the position of Custodial Worker to the individual that was designated as second selection, by the hiring committee. Council member Debeltz questioned who the individual was that was selected, with Clerk-Treasurer/Administrator Butler and City Council member John Lindroos from the hiring committee not knowing the name of the individual at this time so a short recess took place to allow Clerk-Treasurer/Admin. Butler the opportunity to obtain that information. Moved by Sheddy supported by Lindroos, that the City of Ely offer the position of Custodial Worker , Group I. of Local #1490 AFSCME wage and salary schedule ( $17.25/hour) to Mr. Mike Sibley; to be on a 90 day probationary period and to successfully pass required physical examination. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler requested council approval in payment of city bills and payroll for September 2007, totaling: $631,295.49. Moved by Omerza supported by Lindroos, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Clerk-Treasurer/Administrator Butler reported that two fire contracts were returned to the City of Ely as requested, by the October 1st deadline, and that two contracts were not returned. Council noted that they had already authorized the City to place a notice in the paper for the residents of those entities not returning signed fire contracts by the required due date; there is a procedure in place and the City now needs to engage it. Matter of information.<BR><BR>EUC General Manager requested approval of the following consent agenda items:<BR><BR>1. Execute Agreement with the Blasing's for building a driveway across Aqueduct;<BR><BR>2. Authorize payment of KBM Invoice #080711 - Planning & AMR- $4,563.44;<BR><BR>3. Authorize payment of KBM Invoice #080710 - Bid Tabulation - $678.21;<BR><BR>4. Authorize payment of RLK Invoice #1 - Pamida Utility Extension - $3,520.00;<BR><BR>5. Authorize payment of RLK Invoice #14 - 4th Avenue Project - $4,567.95;<BR><BR>6. Authorize payment of RLK Invoice #16 - Semer's Park Sewer - $281.25;<BR><BR>7. Authorize payment of $LK Invoice #17 - JPW Facility - $162.50;<BR><BR>8. Authorize payment of AllMax Software Invoice - Wastewater Data Management with BioSolids Software Support and Upgrade - $950.00;<BR><BR>9. Authorize payment of bills payable for September 2007 - $175,814.05<BR><BR>Moved by Lindroos supported by Omerza, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Council member Sheddy questioned item #1 as being already completed earlier in the meeting; the Council approved of signing the agreement earlier pending EUC and City Attorney review; the EUC is now showing their recommendation to execute agreement also. <BR><BR>The following claims for payment were presented to the Council for approval:<BR><BR>A. US Bank - General obligation improvement refunding bond series - $1,740.00;<BR><BR>B. WSB and Associates Inc. - Invoice #27 - Airport Runway Area;<BR><BR>C. IRRRA - Ely Municipal Airport Extension - Loan - 1st payment due October 31, 2007 - $9,409.00;<BR><BR>D. Low Impact Excavators - telebelt conveyor - material for Parks and Recreation Facility - $1,246.95 <BR><BR>Moved by Omerza supported by Sheddy, that above claims be allowed and paid. Carried unanimously. Council member Lindroos stated that referencing above item #C, the Ely Airport Commission does not feel the Airport should be paying the interest on this loan payment, but just the principal, as the Council chose to hold the loan as long as they had gaining interest, but the Airport Commission had wanted to give back the monies to IRRRA sooner. Council member Sheddy stated that the Airport Commission had originally accepted the prepayment. This matter will be discussed further by the Council and Airport Commission.<BR><BR>Communication was received from Jeff W. Stewart, Project Manager, WSB and Associates, notifying the City of Ely that their firm is formally withdrawing from further consideration as Ely's Airport Engineering Consultant, noting that the firm feels it is in the best interest of the City to select a consultant that has the experience to take the Ely Airport to the next level, and they no longer have the staff capable of providing the service to accomplish that task. Jeff noted that WSB is proud of the projects they have partnered with the City of Ely in over the past seven and a half years, thanking City Administrator Ely Butler, Deputy Clerk Patti Wellvang and Airport Commissioner Dave Peterson for all the assistance given WSB and Associates over the many years. <BR><BR>Matter of information.<BR><BR>Council member Debeltz questioned RLK Kuusisto Engineer Harold Langowski as to whether or not RLK had considered adapting to being an airport consultant, with Harold reporting that RLK Kuusisto has partnered up with TKDA Engineering who are well versed in airport consulting services, that they have been interviewed by the Airport Commission, and a formal recommendation from the Airport Commission will be forthcoming. <BR><BR>Communication was received from the Ely Charter Commission, informing the Mayor and Council that the Charter Commission had met and discussed the City Council's request to reduce the number of council member signatures required to authorize a special meeting, and the Commission voted unanimously to deny the request for changing for the following reasons:<BR><BR>1. abuse of the privilege of calling a special meeting - required only for a true emergency;<BR><BR>2. cost and inconvenience to the staff of the Clerk's office and other departments required to attend;<BR><BR>3. reduces the number of people empowered to make decisions - more power to less people.<BR><BR>Commission members further stated that the current City Charter language is designed to protect elected officials. Matter of information.<BR><BR>Council member Lindroos commented that assuming the Charter Commission did not get the letter from Klun Law Firm addressing this issue, he feels changing the language to reflect three council member's signatures to call a meeting meeting would avoid any appearance of violating the open meeting law. Council member Sheddy stated that the League of Minnesota Cities attorney who conducted a workshop this past summer on city charters in general, had reviewed Ely's Charter and remarked that the City had a good charter. He suggested that the Council refer this issue to her. Council member Debeltz also recommended that the City should get an opinion from the League of Minnesota Cities on the current language. Council members requested that the City Attorney contact the Charter Commission to discuss this issue.<BR><BR>Moved by Omerza supported by Sheddy, that the City dispense with the readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>The City of Ely Hiring Policy was presented to the Council, which had recommendations from the Employee Relations Committee and administrative staff incorporated into final draft, for approval by the Council. Moved by Debeltz supported by Omerza, that the City of Ely Hiring Policy as presented at tonight's meeting, be approved. Council member Lindroos recommended that the City approval be contingent upon review of item 9 - RECOMMENDATION, by Local #1490 AFSCME Union, pertaining to the offering of a job position posted externally to a candidate of second choice, if original choice does not accept, does not satisfactorily complete probationary period, or resigns. Moved by Debeltz supported by Omerza, that original motion be restated to reflect that the City of Ely Hiring Policy as presented at tonight's meeting be approved, contingent upon review by Local #1490 AFSCME Union as to language of item #9 - RECOMMENDATION.<BR><BR>as noted above. Carried unanimously.<BR><BR>Council member Omerza offered the following ordinance: Proposed Ordinance No. 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, 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 restaurant 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 restaurant 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 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 license 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 soley 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>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 Omerza, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Mayor Novak (5)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council members Nikkola, Zupec (2)<BR><BR>Ordinance #200, Second Series, adopted and given a second and final reading and publication this 2nd day of October 2007.<BR><BR>Moved by Debeltz supported by Omerza, that the City of Ely Agreement for Health Insurance for 2008 be approved, with addition to agreement noting that the City reserves the right to add an additional plan as needed, prior to the January 2008 renewal, with the Mayor and Clerk-Treasurer/Admin. authorized to execute agreement on behalf of the City of Ely. Carried unanimously.<BR><BR>Moved by Debeltz supported by Sheddy, that the City of Ely renewal contract for 2008 and 2009 engineering services as presented by RLK Kuusisto Engineering, Hibbing, Minnesota. Carried unanimously.<BR><BR>Moved by Lindroos supported by Sheddy, that the City of Ely renew contract for 2008 and 2009 legal services as presented by Klun Law Firm. Carried unanimously.<BR><BR>Moved by Sheddy supported by Lindroos, that the Council authorize request for proposal for individual to manage and develop the Community Access Television services for the City of Ely, with this notice to amend prior notice published, with RFP's being accepted through Wednesday, October 31, 2007, Noon, at the Clerk-Treasurer's Office. Carried unanimously. Council member Omerza noted that she will be sitting in on the bid opening, and that proposals will be reviewed by the Telecommunications Advisory Board at their Monday, November 5th regular monthly meeting. Matter of information.<BR><BR>Mayor Novak requested Council approval in reactivating the City Insurance Committee. Prior Committee members consisted of a council representative, EUC representative, member of the Essential Supervisory Unit, Non Essential Supervisory Unit, Local #1490 AFSCME Basic and Confidential Unit, LELS Police Officer's Union. Moved by Lindroos supported by Sheddy, that Council member Zupec be appointed as the Council's representative to the City Insurance Committee, and that remainder of organizations be contacted requesting they appoint their own member to this committee.<BR><BR>YES: Council members Lindroos, Sheddy, Mayor Novak (3)<BR><BR>NO: Council members Debeltz, Omerza (2)<BR><BR>ABSENT: Council members Nikkola, Zupec (2)<BR><BR>Motion carried.<BR><BR>Mayor Novak requested Council approval in reactivating the City Sanitation Committee to address recycling issues in the City. Moved by Debeltz supported by Omerza, that council members Debeltz, Zupec, Clerk-Treasurer/Admin., Police Chief and City Attorney be reinstated to serve on this committee. Carried unanimously.<BR><BR>Communication was received from Northern St. Louis County Partners - Government Uniting with Youth and Acting Locally to Make a Difference, Chris Ismil, Executive Director, informing the City that on November 20, 2001, the City of Ely entered into a joint powers arrangement with other Iron Range elective bodies including school districts, townships, cities, Bois Forte Tribal Council, and St. Louis County, and are now requesting that a member of the Ely City Council represent the City of Ely on the PARTNERS Board. Moved by Debeltz supported by Lindroos, that Council member Heidi Omerza be appointed to act as City Council Representative to the Board. Carried unanimously.<BR><BR>Council member Debeltz offered the following resolution: 2007 - 32<BR><BR>WHEREAS: The Ely Igloo Snowmobile Club, PO BOX 464, Ely, Minnesota 55731, has applied for renewal of a Minnesota Lawful Gambling Premises Permit application at the Grand Ely Lodge, 400 North Pioneer Road, Ely, Minnesota and Cranberry's Saloon, 47 East Sheridan Street, Ely, Minnesota, and;<BR><BR>WHEREAS: Such Class B License is to be used for conducting pull tabs, tipboards, paddlewheels, raffles at Grand Ely Lodge, 400 North Pioneer Road, Ely, Minnesota and Cranberry's Saloon, 47 East Sheridan Street, Ely, Minnesota 55731, and<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Ely City Council approves of said application and that the Ely Igloo Snowmobile Club be authorized to submit necessary paperwork to the State of Minnesota Department of Gaming, Gambling Control Division, contingent upon filing of proper paperwork, with the City of Ely and State of Minnesota, and that any waiting period be waived at this time in order to process this application.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Debeltz, seconded by Council member Omerza, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Mayor Novak (5)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Nikkola, Zupec (2)<BR><BR>Adopted this 2nd day of October 2007.<BR><BR>Council member Debeltz offered the following resolution: 2007-33<BR><BR>WHEREAS: Ruffled Grouse Society, Crazy Flight Chapter, PO BOX 285, Winton, Minnesota 55792, has applied for a Minnesota Lawful Gambling Application to conduct a RAFFLE on October 25, 2007, at the Grand Ely Lodge, 400 North Pioneer Road, Ely, Minnesota 55731, and<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and that the Ruffed Grouse Society, Crazy Flight Chapter, be authorized to submit the necessary paperwork to the State of Minnesota Department of Gaming, Gambling Control Division.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Debeltz, seconded by Council member Omerza, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Mayor Novak (5)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Nikkola, Zupec (2)<BR><BR>Adopted this 2nd day of October 2007.<BR><BR>Communication was received from Jacobson Carlson, Andrew Sakrison and Mark Bruzek, from Boathouse Breweries LLC, DBA: Cranberry's, applying for a brew pub license for their place of business. Moved by Sheddy supported by Lindroos, that request be approved subject to filing of proper city paperwork, city license fee, and state paperwork and license fee. Carried unanimously.<BR><BR>At the September 25th regular monthly city council study session, Council member Sheddy had recommended that the Council hold an Employees Recognition Event, in recognition of all city employees. At this time he would like to schedule a cook out for all employees, and will have proper notices posted as to the time, date and location.<BR><BR>Council members concurred with Council member Sheddy's recommendation.<BR><BR>Council member Debeltz offered the following ordinance: Proposed Ordinance #207, Second Series, An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 20, Section 20.13.14, Entitled Vacation of a Portion of 9th Avenue East.<BR><BR>The Council of the City of Ely Does Hereby Ordain:<BR><BR>Section 1. That part of South 9th Avenue East which lies south of the alley south of James Street, and between Lot 7, Block 8 and Lot 9, Block 9, Auditors Plat No. 38, is hereby vacated subject to and reserving easements in favor of the City of Ely for utilities, water lines and sewer lines, over and under said property.<BR><BR>Section 2. Be It Further Resolved, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this ordinance.<BR><BR>Section 3. Codification. This ordinance shall be codified as Section 20.13.14 of the Ely City Code.<BR><BR>Section 4. 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 Debeltz, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Omerza, Sheddy, Mayor Novak (4)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council members Nikkola, Zupec (2)<BR><BR>ABSTAIN: Council member Lindroos (1)<BR><BR>* Council member Lindroos noted that he would be abstaining, as he has property similarly situated as the 9th Avenue East property request.<BR><BR>Proposed Ordinance No. #207, Second Series, adopted and given a first reading and publication, this 2nd day of October 2007.<BR><BR>Council member Omerza offered the following resolution: 2007-34<BR><BR>Application for Grant for: Spectrum Assisted Living Project <BR><BR>WHEREAS: The City of Ely has performed their own due diligence and are recommending the project from the Agency funds.<BR><BR>WHEREAS: The City of Ely ( hereafter the "Applicant") is a public entity organized and operating under the laws of the State of Minnesota; and<BR><BR>WHEREAS: The Applicant has a need for a grant to relocate utilities, upgrade infrastructure, and make site improvements in support of the Spectrum Assisted Living Project ( hereafter called "the Project"), and<BR><BR>WHEREAS: The City of Ely is the owner of the utilities and infrastructure serving the site on which the Project will be undertaken; and<BR><BR>WHEREAS: The Project will provide for assisted living housing needs in the community and will provide many well paying jobs; and<BR><BR>WHEREAS: The Applicant has determined that it will need a grant from the Agency for $480,000 in order to do the Project; and<BR><BR>WHEREAS: The Applicant is in the process of submitting its application to the Agency requesting a grant of funds to do the said Project; and<BR><BR>WHEREAS: The Applicant understands and agrees that the Agency will not provide funds to reimburse the applicant for any costs incurred for the Project prior to the date on which this Project is approved by the Agency; and<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the Applicant governmental unit hereby authorizes and approves making application to the Agency for a grant for $480,000 to provide funds to do the Project.<BR><BR>BE IT RESOLVED: That the Applicant's Mayor and Clerk are hereby authorized and directed to sign and submit an application for the said grant monies and all applicable contracts, documents and agreements associated with the grant or the application for it;<BR><BR>BE IT FURTHER RESOLVED: That the Applicant agrees and commits that following completion of the Project, it will maintain the Project site and any equipment installed in connection with the Project in good operating condition, appearance and repair and protect the same from deterioration, reasonable wear and tear resulting from ordinary use of the property and equipment excepted, for as long as the Applicant retains ownership of the Project site.<BR><BR>Motion for the adoption of the foregoing resolution was made by Council member Omerza, seconded by Council member Lindroos, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Mayor Novak (5)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Nikkola, Zupec (2)<BR><BR>Adopted this 2nd day of October 2007.<BR><BR>Mayor Novak noted that this grant application is due at the IRRRA by Friday, October 5th. Matter of information.<BR><BR>Moved by Omerza supported by Lindroos, that the meeting adjourn. Carried unanimously. Adjournment at 7:35 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 10/13/2007