Ely City Council minutes from August 5, 2008

DRAFT MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Tuesday, August 5, 2008<BR><BR>6:35 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, Zupec, Mayor Novak (6)<BR><BR>ABSENT: Council member Nikkola (1)<BR><BR>Mayor Novak thanked all members in the audience for attending tonight's meeting; also, all those in the listening audience watching over Channel 11, public access. He noted that tonight's meeting started five minutes late, as the Council had a scheduled appearance with Tim Flaherty, Coalition of Greater Minnesota Cities, prior to the regular council meeting.<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the regular council meeting of July 15th and special council meeting of July 29th, be approved without reading. Carried unanimously. Minutes to stand as recorded.<BR><BR>The following additions were brought before the Council for inclusion on tonight's agenda:<BR><BR>Council member Omerza - scheduling a joint study session with the Ely School Board Members sometime in August, as discussed at the last joint meeting between the Ely City Council and Ely School Board. Council members approved adding this to tonight's agenda under VIII. New Business, Item C.<BR><BR>City Operations Director - the addition of two claims for payment - Minnesota Public Facilities Authority loan repayment due on G.O. Bond - $209,128.60;<BR><BR>( drinking water revolving fund - $68,680.05 - paid from 601; clean water revolving fund - $140,448.55 - paid from 602). Council members approved adding these two claims to tonight's agenda under V. Claims for Payment, Item H.<BR><BR>Mayor Novak introduced the City of Ely's newly hired Clerk-Treasurer, Terri Boese, welcoming Terri to her new position.<BR><BR>Mayor Novak offered the following proclamation:<BR><BR>WHEREAS: The Ely Golf Club, 901 S. Central Avenue, Ely, Minnesota, in honor of its 50th years of incorporation, is celebrating a Golden Anniversary during the week of August 10 - 16, 2008, and<BR><BR>WHEREAS: During that week the Ely Golf Club will be hosting special events and fundraisers to continue their current operation of the Ely Golf Course and Clubhouse, and to further the continued use, maintenance, and enjoyment of the game of golf on the beautiful 9 hole course as we know it today, and<BR><BR>WHEREAS: The Ely Golf Club and Course have consistently provided a home for members and local golfers, and a wilderness respite for visiting golfers who come to play on the finest nine hole course in Northeastern Minnesota, and<BR><BR>WHEREAS: The Ely Golf Club hopes through this 50th "Golden" Anniversary Celebration to further support its efforts as a top-flight home course and tourist destination, now<BR><BR>THEREFORE BE IT RESOLVED, THAT IT, Charles J. Novak, Mayor of the City of Ely, do hereby call on our fine citizens to observe the week of August 10 - 16, 2008, as Ely Golf Club Week, noting how the Ely Golf Club and Course offers beauty, solace, relaxation and exercise to members and visitors alike, adding another start to the crown that we, in Ely, proudly wear, as we welcome the world to our doorstep.<BR><BR>Moved by Debeltz supported by Zupec, that above proclamation be approved.<BR><BR>Carried unanimously.<BR><BR>Council member Lindroos encouraged local citizens and visitors as well, to visit the Ely Golf Course, which is a great place to be.<BR><BR>Mayor Novak reported that a meeting has been scheduled for Wednesday, August 6, 2008, 7:00 P.M. Morse Town Hall, between the Ely City Council and Town of Morse regarding annexation issues. He noted that he will not be able to attend this scheduled meeting recommending that the meeting be put on hold until after hearing back from the Coalition of Greater Minnesota Cities, on possible upcoming annexation procedure changes ; Council member Sheddy noted that he had a conflict also. Council members Omerza, Debeltz, Zupec and Lindroos noted that they will be able to attend this meeting, so the meeting will stand as scheduled. <BR><BR>Mayor Novak presented Council members with a resolution that was adopted by the City of Babbitt, supporting the proposed federal land sale to Polymet mining. He is recommending that the Council go forth in adopting a similar resolution of support.<BR><BR>Council consensus was that the Clerk-Treasurer go forward in preparing a similar resolution for the next regular council meeting.<BR><BR>Mayor Novak requested that Mary Cich and Mike Jankovec, and the many volunteers involved, be officially recognized by the City of Ely for bringing the Moving Wall to Whiteside Park in Ely. He noted that the group did a wonderful job. Moved by Debeltz supported by Omerza, that the City send a formal letter of appreciation to Mary Cich and Mike Jankovec and volunteers, for their fine work. Carried unanimously.<BR><BR>Mayor Novak offered the Council's congratulations to Coach Tom Coombe and the American Legion Baseball Team for advancing to State competition. He also recognized the Ely Greenstone Arts Group for their weekend art auction and display event, at the Miner's Dry, which turned out to be a very successful event.<BR><BR>The following consent agenda items were brought before the Council:<BR><BR>Ely Cemetery Committee - results of posting for vacancy through January 31, 2009; Nancy Rodich;<BR><BR>LMC 2008 Clerk's Orientation Conference, August 26th - 28th, St. Paul ( Clerk-Treasurer authorized to attend);<BR><BR>Polymet Open House - THURSDAY, August 14th - Hoyt Lakes Area - 1:30 P.M. - 7:00 P.M. ( Mayor/Council members authorized to attend) - make reservations with Deputy Clerk prior to August 11th;<BR><BR>Jerome Debeltz, Director, ESBLA - approval to transfer $1,000 out of City Account # 101-45121-404, to the Ely Softball League Association, to be used for field maintenance at the softball complex, in getting ready for the Labor Day Tournament;<BR><BR>Fire Chief Louis Gerzin - City to proceed with publishing the Notice of Cancellation of Fire Contract Services - Town of Morse, Fall Lake Township residents ( per recommendation of City Attorney and LMC Insurance Trust) - INFORMATION;<BR><BR>Ely Chamber of Commerce - letter of gratitude to City for help and support with Blueberry Arts Festival - INFORMATION;<BR><BR>BMS - approval of Unit Clarification for Office Assistant position - INFORMATION;<BR><BR>Ely Community Resource - 2nd quarter 2008 progress report - INFORMATION;<BR><BR>LMC Ambassador Lolita Schnitzius - notice of upcoming summits re: LGA<BR><BR> ( Mayor/Council authorized to attend - make reservations with Deputy Clerk one <BR><BR> week prior to scheduled meeting);<BR><BR>St. Louis County - Notification of Election Administrative Training - Duluth, August 6th; Clinton Township, August 7th - Election Judges Training - Duluth, August 28th; Clinton Township - August 29th ( Clerk-Treasurer and Deputy Clerk authorized to attend selected sessions);<BR><BR>Moved by Zupec supported by Sheddy, that above items be approved and ordered filed. Council member Debeltz noted that he will be abstaining from voting on consent agenda items, as he is directly involved with Item #4, ESBLA. Audience member Shaun Chosa questioned Consent Agenda Item #5, questioning whether this Notice of Cancellation of Fire Contract Services means the City will no longer respond to fire calls in the Town of Morse and Fall Lake Township. Mayor Novak stated that contracts are in place through December 31, 2008. The notice for cancellation of fire contract services is for year 2009 ( signed contracts were requested to be returned to the City of Ely by Town of Morse and Fall Lake Township by July 31, 2008). Carried unanimously.<BR><BR> <BR><BR>Richard Watson requested placement on tonight's agenda regarding city noise ordinances, and his concern along with other citizens, related to protecting Ely citizens from disturbances and loud noises, specifically from vehicles, cars, trucks and motorcycles, within the city limits. Richard also touched on potential health effects from the disturbing noise, questioning why the City is not doing something about the problem, especially the Chocolate Moose area straight up Sheridan Street. He further requested that the City start to enforce current ordinances, fairly and consistently, which will improve the quality of our area. Mayor Novak commented that the City will look at balance and do whatever it takes; with the Ely Police Department to be more pro active. He encouraged residents to call in to the Ely Police Department license plate numbers, as witnesses are needed in order for the City to prosecute. Council member Zupec recommended that the Chief of Police and Civil Enforcement Officer work together to address this problem.. Richard Watson also recommended that the Ely Police Department look at foot patrol in the business area, in order to stop vehicles and motorcycles racing up Sheridan Street. Police Chief Manning informed Council members that he had spoken to Mr. Watson, and current city ordinances are petty misdemeanors - violation must be witnessed. If not witnessed, a formal complaint needs to be filed which is addressed by officer discretion. The Ely Police Department is currently down to six members. Council member Sheddy suggested that the St. Louis County Sheriff's department could assist local officers when needed, and that he is in agreement with Mr. Watson in that it may take more than a warning from the officer to the violator. Council member Omerza stated that she believes this is an education process; the police department should work with the public. Resident Shaun Chosa questioned whether or not the Police Department needed more help, as in part time officers for the summer months, and to walk around various neighborhoods.<BR><BR>Moved by Debeltz supported by Zupec, that the Clerk's Office be directed to post a notice in the paper regarding current city noise ordinance and how to go about reporting violations of this ordinance. Carried unanimously.<BR><BR>Council member Omerza reported on behalf of the Community Joint Powers Board; the Board had reviewed the job description for Executive Director to the EADA/Joint Powers, and now asking all participating entities to approve of this job description so that it may be posted. There are currently $100,000 worth of grants now in limbo, without an Executive Director. Moved by Omerza supported by Lindroos, that the City of Ely accept the draft job description of Executive Director of EADA as presented. <BR><BR>Mayor Novak noted that if the Council approves of the job description, the Council is approving of posting and filling the position. He noted that the Town of Morse, City of Winton, Ely School Board need to address approving this job description, also.<BR><BR>Council member Zupec stated that the Council just received the draft job description along with Community Joint Powers Board Meeting minutes from the July 23rd meeting, prior to tonight's meeting, and he does not like getting material last minute and would like time to review. Council member Lindroos also commented that he is in agreement with Council member Zupec in that he does not like to get material last minute either. Council member Lindroos withdrew his support to motion, Council member Omerza withdrew her motion.<BR><BR>Council member Sheddy stated that he would like to receive the results of the EADA Self Study. The City of Ely has activated the EEDA ( Ely Economic Development Association), and the City may wish to bring someone from economic development to the EEDA. The EEDA also have the opportunity for the Clerk-Treasurer's input at this time, and he does not want to just hire another individual without studying this issue further. Council member Omerza stated that the EADA Executive Board decided to move ahead with hiring an executive director, with the resignation of Pat Henderson, and that there are currently $100,000 worth of grants that need to be taken advantage of - the City needs to move forward.<BR><BR>Council member Debeltz noted that the job description look good - the City should move forward in looking for applicants.<BR><BR>Mayor Novak stated that the EADA needs assessment has not been settled, and composition and direction of the EADA need to be addressed. Normally 17 members are present at EADA meetings out of a possible 30 members, which is barely a quorum. Mayor Novak recommended that this issue be moved to the Regular Council Agenda of Tuesday, August 19th. The EADA hires for this position, not the Council, and if job description is approved tonight, the City will be approving the position. The Community Joint Powers Board meets the third week in August, and be placing this matter on the August 19th Council Agenda, this will fall within the time lines of bringing back to the August 20th Joint Powers Board Meeting. Council member Omerza questioned as to why this information was not officially placed on tonight's agenda and in the Council member's packets.<BR><BR>Mayor Novak reported on the Summer Coalition of Greater Minnesota Cities Conference that Council member Omerza and himself had attended. He noted that it was a very good session. <BR><BR>City Attorney Bentz had requested that legal work performed by the Klun Law Firm on the Duluth Metals Project, be deemed as extraordinary expenses, due to this project being of economic development nature. Moved by Sheddy supported by Debeltz, that request be approved. Carried unanimously.<BR><BR>City Attorney Bentz presented Council members with draft of language changes from the proposed charter changes as presented by the Ely Charter Commission to the Ely City Council, at their special study session of July 29th. He stated that these changes could be put on the ballot, or if the proposed changes are agreed upon by the Ely City Council, they could be handled by way of adopting appropriate ordinance. He is recommending that the Council schedule a public hearing on proposed changes for Tuesday, August 26th, with a special Ely City Council Meeting to follow, to adopt these proposed changes. This would allow the time frame where if not approved by the Council on a unanimous vote, the proposed changes would be placed on the November general election ballot. Council members Sheddy and Lindroos commented that the proposed changes were what they recall being discussed at the study session; Council member Lindroos does have some suggestions for changing the format of wording in these proposed changes; the intent is there but he feels the wording could be improved upon. Moved by Debeltz supported by Zupec, that the Council call for a public hearing on Tuesday, August 26th, to address the proposed charter changes, with a Special City Council Meeting to follow, prior to the 6:00 P.M. regular scheduled monthly Ely City Council Study Session. Council member Debeltz withdrew his motion, Council member Zupec, withdrew his support.<BR><BR>Charter Commission Member Carl Boyles was present, addressing the Council as to the intent of the changes are more important than the actual language, but he feels that if the intent does not change, the reworking of the wording will not be an issue for the Ely Charter Commission.<BR><BR>Moved by Debeltz supported by Zupec, that the Council call for a public hearing on proposed charter changes, scheduled for Tuesday, August 26, 2008, 5:30 P.M. Council Chambers of the Ely City Hall, and that the Council call for a Special Meeting of the Ely City Council to take place at 6:15 P.M. to address proposed<BR><BR>Changes, with regular monthly Ely City Council Study Session to follow at 6:30 P.M. Carried unanimously. City Attorney Bentz will provide the Council and Ely Charter Commission with copies of proposed changes prior to the public hearing date.<BR><BR>Clerk-Treasurer requested Council approval of City and EUC bills and payroll for July 2008, as follows: City - $683,537.48; EUC - $577,857.31. Moved by Zupec supported by Debeltz, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Council member Zupec left his chair at 7:50 P.M.<BR><BR>City Operations Director of Public Works and Utilities, Harold Langowski, reported that the City had received the following offers on the used equipment listed for sale:<BR><BR>Wacker Plate Packer - Tim Carlson, Ely - $101.57; Harold J. Langowski, Embarrass - $111.11; Tory Watne - $25.00; the Chevy One Ton dually 4 x 4 - EUC;<BR><BR>Tory Watne - $300.00; Bryan Larson, Britt - $200.00; Jon Folz Jr. - $500.00;<BR><BR>Chevy C70 Sander - Tory Watne - $1075.00; Tim Carlson, Ely - $551.00;<BR><BR>Ford L9000 Sander; Jon Folz Jr., Ely - $500.00; Tory Watne - $1,375.00;<BR><BR>Street Sweeper - Jon Folz Jr. - $500.00. Moved by Debeltz supported by Lindroos, that above quotes be approved.<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>Motion carried.<BR><BR>City Operations Director also reported that the interviewing committee for architectural services had met on July 16th and 30th, to interview six qualified candidates for the City of Ely architect position. He noted that the candidates were all very qualified and gave impressive presentations. On July 30, 2008, following the final interview, the group came to the unanimous decision to recommend to the City Council the architecture services be offered to DWGW from Virginia. ( DWGW was the architect on the Joint Public Works Garage project). Moved by Omerza supported by Lindroos, that the Council approve recommendation and that the City Negotiating Committee along with the Clerk-Treasurer be directed to meet with DWGW to put together a formal contract. <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>Motion carried.<BR><BR>City Operations Director brought before the Council a Memorandum of Understanding Regarding The Use And Costs Of The Joint Public Works Facility, between the City of Ely and Ely Utilities Commission. Moved by Omerza supported by Debeltz, that the Mayor and Clerk be authorized to execute on behalf of the City of Ely. <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>Motion carried. <BR><BR>Council member Zupec entered the Chambers and took his seat at 7:50 P.M.<BR><BR>Mayor Novak requested a ten minute recess in order for the recording tape to be changed by ELY TV. <BR><BR>Meeting reopened at 8:00 P.M.<BR><BR>City Operations Director Langowski presented the following EUC Consent Agenda Items:<BR><BR>Authorize mileage for Terry Jackson to attend the MPCA video conference in Duluth on permit fees;<BR><BR>Approve of the disposal of two transformers by T & R Service for $639.00;<BR><BR>Recommend purchase of 6090 lf of 1/0 ACSR wire for $1,751.18 and 600 lb of #4 wire for $1,488.87 from WESCO;<BR><BR>Approve purchase of 10,000 utility bill forms for $700.00;<BR><BR>Recommend authorization for North Central Services to complete the Feeder 6 Underground Project for $17,410.20;<BR><BR>Approve purchase of materials for the Feeder 6 Underground Project for $66,189.52 as tabulated by KBM, Inc.;<BR><BR>Approve payment of the KBM, Inc. Invoice #060823 for $6,493.89 for the Feeder 6 engineering services.<BR><BR>Approve payment of Lighthouse Power Systems Invoice #1654 for $1,160.26 for work on the Burntside pump house transfer switch;<BR><BR>Recommend payment of Partial Pay Estimate #2 for $136,954.98 to Louis Leustek and Sons for the Harvey/Conan Alley utility Improvements Project;<BR><BR>Approve payment of Wisconsin Energy Conservation Corp. Invoice #12104 for $173.60 <BR><BR>Approve payment of the Minnesota Power June, 2008 bill for $156,617.99.<BR><BR>Moved by Zupec supported by Omerza, that above items #2 - #11 be approved.<BR><BR>Carried unanimously.<BR><BR> <BR><BR>Council member Zupec questioned item #1 as to why the City is paying for Terry Jackson's mileage. City Operations Director Langowski reported that Terry currently works as a consultant for the EUC and will be representing the City as to the proposed permit increases referenced. Moved by Sheddy supported by Debeltz, that above item #1 be approved.<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Mayor Novak (5)<BR><BR>NO: Council member Zupec (1)<BR><BR>ABSENT: Council member Nikkola (1)<BR><BR>Motion carried.<BR><BR>Claims for payment were received on the following:<BR><BR>Walker, Giroux and Hahne Ltd. - professional services rendered in conducting 2007 City of Ely Audit; additional services rendered due to Accountant retiring and assistance with questions on budgeting - $24,010.00;<BR><BR>US Bank - Ely General Obligation Refunding Bond of 2003 ( Northland Consultants - interest) - $3,537.50;<BR><BR>NE Service Coop - Annual Membership Dues - $150.00;<BR><BR>St. Louis County - Ely Joint Use Facility ( June ) - $4,510.83<BR><BR>to be appropriated between City and EUC;<BR><BR>Terry's Operational Services - July report and invoice - $678.70;<BR><BR>Community Economic Joint Powers - 3rd quarter 2008 budget allocation - $12,862.65;<BR><BR>Ely Community Resource - 3rd quarter budget allocation - $3,315.00<BR><BR> H. Minnesota Public Facilities Authority - loan repayment on drinking water revolving fund to US Bank: $68,680.05; Clean Water Revolving Fund - $140,448.55, totaling: $209,128.60<BR><BR>Moved by Debeltz supported by Lindroos, that above claims be approved and ordered filed. Moved by Debeltz supported by Lindroos, that above claims be approved and ordered filed noting correction to Claim for Payment, Item #A should read; $24,070.00.<BR><BR>Carried unanimously.<BR><BR>Communication was received from Bernard Hermann, as to complaint on the loud mufflers in the City limits. This matter was discussed earlier on tonight's agenda under Requests To Appear Before Council, Richard Watson.<BR><BR>Moved by Omerza supported by Debeltz, that the City waive the readings in their entirety of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Council member Omerza offered the following ordinance: Proposed Ordinance No. 222, Second Series, An Ordinance of the City of Ely, Minnesota, Adding To The Ely City Code, Chapter 20, Section 20.13.15, Entitled Vacation Of A Portion Of Old Pioneer Road<BR><BR>THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN:<BR><BR>SECTION 1. That portion of Pioneer Road and Yukon Drive in the plat of "North Chandler Third Addition" located in the Northeast Quarter of the Southeast Quarter of Section 28, Township 63 North, Range 12 West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the line common to Lot 25 and Pioneer Road of said "North Chandler Third Addition" to bear North 28 degrees 48'00" East and from the corner common to Lot 18, Lot 25 and Pioneer Road of said plat, run south 60 degrees 42'27" East, a distance of 50.00 feet to the southeasterly Right-of-Way of Pioneer Road; thence North 28 degrees 48'00" East along said southeasterly Right-of-Way, a distance of 110.51 feet to a tangential curve concave to the Southeast; thence Northeasterly along said tangential curve on said southeasterly Right-of-Way, central angel of 17 degrees 10'16", radius of 293.31 feet, a distance of 87.90 feet to the POINT OF BEGINNING.<BR><BR>Thence continue northeasterly along said tangential curve on said southeasterly Right-of-Way, concave to the southeast, central angel of 13 degrees 09'28", radius of 293.31 feet, a distance of 67.36 feet;<BR><BR>Thence North 59 degrees 07'45" East on said southeasterly Right-of-Way, a distance of 112.09 feet to a nontangential curve concave to the southeast;<BR><BR>Thence northeasterly along said nontangential curve, chord bearing of North 38 degrees 24'11" East, chord distance of 33.92 feet, central angle of 01 degrees 26'27", radius of 1348.90 feet, a distance of 33.92 feet, a distance of 33.92 feet;<BR><BR>Thence North 17 degrees 39' ;21" West, a distance of 39.03 feet to the northwesterly Right-of-Way of said Pioneer Road;<BR><BR>Thence South 59 degrees 07' 45" West along said northwesterly Right-of-Way, a distance of 152.73 feet to a tangential curve, concave to the northeast;<BR><BR>Thence southwesterly and northeasterly along said tangential curve on said Right-of-Way, central angle of 149 degrees 42'50", radius of 21.24 feet, a distance of 55.50 feet;<BR><BR>Thence South 28 degrees 50'35" West, a distance of 52.41 feet to a tangential curve concave to the northeast;<BR><BR>Thence southeasterly along said tangential curve, central angle of 88 degrees 07'25", <BR><BR>Radius of 60.00 feet, a distance of 92.28 feet to the POINT OF BEGINNNG..<BR><BR>Said parcel contains 0.27 acres.<BR><BR>AND <BR><BR>A portion of Pioneer Road and Yukon Drive in the plat of "North Chandler Third Addition" located in the Northeast Quarter of the Southeast Quarter of Section 28, Township 63 North, Range 12 West of the Fourth Principal Meridian , St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the line common to Lot 25 and Pioneer Road of said " North Chandler Third Addition " to bear North 28 degrees 48'00" East and from the corner common to Lot 18, Lot 25 and Pioneer Road of said plat, being the POINT OF BEGINNING, run south 60 degrees 42'27" East, a distance of 50.00 feet to the southeasterly Right-of-Way of Pioneer Road.<BR><BR>Thence North 28 degrees 48;00: East along said southeasterly Right-of-Way, a distance of 110.51 feet to a tangential curve concave to the Southeast;<BR><BR>Thence Northeasterly along said tangential curve on said southeasterly Right-of-Way, central angle of 13 degrees 12'30", radius of 293.31 feet, a distance of 67.62 feet to a nontangential curve concave to the Northeast;<BR><BR>Thence Northwesterly along said nontangential curve, chord bearing of North 48 degrees 48'17" West, a chord distance of 29.09 feet, central angle of 20 degrees 57'05", radius of 80.00 feet, a distance of 29.25 feet to a second nontangential curve concave to the northwest;<BR><BR>Thence Southwesterly along said second nontangential curve, chord bearing of South 65 degrees 38'12" West, chord distance of 48.90 feet, central angle of 36 degrees 32'03", radius of 78.00 feet, a distance of 49.74;<BR><BR>Thence North 32 degrees 22'35" West, a distance of 7.97 feet to the Northwesterly Right-of-Way of Pioneer Road;<BR><BR>Thence South 28 degrees 48' 00" West along said Northwesterly Right-of-Way, a distance of 147.52 feet to the POINT OF BEGINNING.<BR><BR>Said parcel contains 0.19 acres.<BR><BR>Said parcels to be restricted to "green space" and shall not be built upon.<BR><BR>is hereby vacated SUBJECT to and RESERVING easements in favor of the City of Ely for utilities, water lines and sewer lines in, 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 20.13.15 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 immediately after final adoption and publication.<BR><BR>Motion for the foregoing ordinance was made by Council member Omerza, seconded by Council member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Nikkola (1)<BR><BR>Proposed Ordinance #222, Second Series, adopted and given a second and final reading and publication, this 5th day of August 2008.<BR><BR>The following City of Ely Liquor Licenses were brought before the Council for approval:<BR><BR>On Sale - Zaverl's Bar Inc., Triple J and T Enterprises dba: Vertin's Caf&#233; and Pub, Kwazy Wabbit Inc., Grand Ely Lodge, LLC, Dee's Bar Inc. The Next Generation, Ely Bowling Center and Lounge Inc., Ely Steak House ( Restricted), Porthan Enterprises Inc., DBA: Portgage Bar, Boathouse Brewery, LLC<BR><BR>Sunday On Sale - Jugoslav National Home Inc, Loyal Order of the Moose Lodge #1580, Ely Steak House Inc. ( Restricted), Ely Bowling Center and Lounge Inc., Grand Ely Lodge LLC, Triple J and T Enterprises dba: Vertin's Caf&#233; and Pub, Boathouse Brewery , LLC<BR><BR>Wine Licenses - Moose Ridge Inc., dba: Sir G's Italian Restaurant, Minglewood Inc., dba: Journey's End Caf&#233;, Wise Guys Pizza Inc., Alces Inc. dba: The Chocolate Moose<BR><BR>On Sale 3.2 Beer<BR><BR>Alces Inc. dba: The Chocolate Moose ( strong beer), Wise Guys Pizza Inc. ( strong beer), Minglewood Inc., dba: Journey's End Caf&#233; ( strong beer), Sky Ventures dba: Pizza Hut, Moose Ridge Inc. dba: Sir G's Italian Restaurant ( strong beer)<BR><BR>Off Sale 3.2 Beer<BR><BR>Zupancich Brothers Inc.<BR><BR>Ely Northland Market<BR><BR>Pamida Stores Operations Co. LLC<BR><BR>Off Sale Liquor<BR><BR>Mike's Drive In Liquor Inc.<BR><BR>Kat's Drive In Liquor Inc.<BR><BR>Anne M. Moravitz, Jackie's Drive In Liquor<BR><BR>Sarah Burger, Wildlife Liquor<BR><BR>Club Licenses<BR><BR>Jugoslav National Home Inc.<BR><BR>V.F.W. Post #2717<BR><BR>Loyal Order of the Moose Lodge #1580<BR><BR>Moved by Debeltz supported by Zupec, that above licenses be approved subject to the filing of proper paperwork and license fees with the City of Ely. Carried unanimously.<BR><BR>Council member Zupec offered the following resolution: 2008-30<BR><BR>WHEREAS: Ducks Unlimited - Vermilion Chapter, 1905 East Sheridan Street, Ely, Minnesota 55731, has applied for a Minnesota Lawful Gambling Application to conduct a RAFFLE on September 6, 2008, at the Ely Community Center, 30 South First Avenue East, Ely, Minnesota 55731;<BR><BR>NOW, THEREFORE BE IT RESOLVED: That the City of Ely approves of said application and that Ducks Unlimited - Vermilion Chapter, Ely 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 Zupec, seconded by Council member Omerza, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Omerza, Sheddy, Zupec, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: Council member Nikkola (1)<BR><BR>Adopted this 5th day of August 2008.<BR><BR>Council member Omerza reminded Council members that the Ely City Council and Ely School Board were going to again get together in joint study session in August, to further discuss the JFK Building. Moved by Omerza supported by Debeltz, that the Deputy Clerk be directed to scheduled a joint study session between both entities, with Council members to check their August calendars, notifying the Deputy Clerk when they will be unable to meet. Carried unanimously.<BR><BR>Moved by Omerza supported by Debeltz, that the meeting adjourn.<BR><BR>Carried unanimously. Adjournment at 8:15 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely <BR><BR>Ely Echo 8/16/2008