City minutes for Nov. 6, 2008

DRAFT MEETING MINUTES<BR><BR>Council Chambers<BR><BR>Ely, Minnesota<BR><BR>Thursday, November 6, 2008<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, Mayor Novak (7)<BR><BR>ABSENT: None (0)<BR><BR>Mayor Novak welcomed tonight's audience present and those viewing tonight's meeting over Channel 11, ELY TV PUBLIC ACCESS CHANNEL.<BR><BR>Moved by Zupec supported by Debeltz, that the minutes of the Special Ely City Council / Ely School Board Joint Meeting of September 30, 2008; Regular Ely City Council Meeting of October 21, 2008, be approved without reading. Carried unanimously.<BR><BR>Minutes to stand as recorded.<BR><BR>Mayor Novak requested three meeting notification additions to tonight's agenda: he reported that the Telecommunications Advisory Board will be holding a special meeting on Tuesday, November 18th, 4:00 P.M. City Hall Board Room, at which time Charter Communications representative Tucker Carlson will be present, along with Tom Simmons, Senior Vice President of the Public Policy for Midcontinent.<BR><BR>( Individuals will also be present at the Council Meeting of that same evening).<BR><BR>He also reported that as Chairperson of the Coalition of Greater Minnesota Cities Property Tax Committee, he participated in a telephone conference, discussing Local Government Aid Funding; Local Government Aid Formula; State Revenue; School Funding; and Inflation. He questioned Council member Debeltz as to what stand RAMS will be taking as far as Policy Positions, with Council member Debeltz noting that there is nothing as detailed as discussed by the CGMC, at this time. Matter of information.<BR><BR>He also reported that the Northeast Service Cooperatives will be hosting a Regional Legislative Forum on Thursday, November 20, 2008, from 5:00 P.M. - 8:00 P.M. at Valentini's Supper Club in Chisholm. Moved by Omerza supported by Debeltz, that any Council member be authorized to attend. Carried unanimously.<BR><BR>Clerk-Treasurer Boese requested the following addition to tonight's agenda: she has been filling in for Mayor Novak on the WELY radio show following a Regular Ely City Council Meeting ( due to candidate running in the general election) , and at this time, is assuming that the Mayor will again resume his spot on the radio. Council members concurred that the Mayor will again be participating in the WELY radio show.<BR><BR>The following consent agenda items were brought before the Council for approval:<BR><BR>Hoyt Lakes to Babbitt Roadway Connection Project Workshop - Wednesday, November 19, 2008 - 1:30 P.M. - 3:30 P.M. - Hermantown ( Council representative Nikkola authorized to attend);<BR><BR>St. Louis County - Published Notice Tax Calculation ( INFORMATION );<BR><BR>Ely Chamber of Commerce - request for City's assistance in putting up Christmas decorations prior to November 19th ( to approve and refer tot City Operations Director to coordinate);<BR><BR>Kathy Nieman ( request to be appointed to Chapman Street Redevelopment Committee, representing the Ely Public Library Board );<BR><BR>First Responders Agreement between Town of Morse/Town of Fall Lake/City of Ely - INFORMATION;<BR><BR>Michael Hogan, State of Minnesota DOT Communications Planning Director - Public Information Open House - communication tower;<BR><BR>Building Permit Report - September 2008 - INFORMATION<BR><BR>Council member Nikkola noted that regarding above item #1, this meeting is for agency members only, where Council member Nikkola is a member of the Citizen Advisory Group. Moved by Zupec supported by Debeltz, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Larry Lionberger ( Coldwell Banker) requested placement on tonight's agenda representing BWRV, LLC DBA: Boundary Waters RV, giving Council Members a brief presentation for the purchase offer of city property located at 325 West Sheridan Street, Ely. He noted that the vision of this group is a two step process to bring a much needed addition to the recreational opportunities that Ely has to offer its visitors. That addition is the ability to fill the needs of the visitor looking for a full service RV campground as well as a complete RV sales and service facility. Boundary Waters RV is offering to purchase the property at 325 West Sheridan Street for a price of $200,000, bearing the cost of demolition and removal of the unneeded buildings, with closing date on or before December 31, 2008; offer contingent upon the securing of a standard commercial mortgage with earnest money check in the amount of $10,000 to be deposited in a trust account acceptable to both buyer and seller. <BR><BR>Council member Sheddy - questioned the salt shed and what party will be doing with that structure - Chapman Street Redevelopment Committee met on November 5th - discussed a Northwoods look, point of reference being the former James Building. <BR><BR>Larry Lionberger - party recognizes that this will be an issue - currently would have a use for the salt shed, but structure could be altered.<BR><BR>Council member Debeltz - when does party plan construction?<BR><BR>Larry Lionberger - looking at a December 31, 2008 closing date - would like to be open and functioning by the Ely Winter Festival. He still doesn't understand city procedure entirely, but party would be clearing the property of unwanted structures near the top of the list. Would like to see this purchase reduced to standard forms used for sale of property such as this.<BR><BR>Mayor Novak - City would have to create a subsidy agreement, as the offer made for this property is less than appraisal. Recommended that the Ely Planning and Zoning Commission be requested to weigh in on this proposal. <BR><BR>Clerk-Treasurer Boese - questioned the "vision" reflected in the Commercial Land Sales Procedure.<BR><BR>Mayor Novak/Council member Sheddy - the Current City Comprehensive Plan is a broad bush - that is why the Planning and Zoning Commission should review and comment.<BR><BR>Council member Omerza - questioned City Attorney as to what price could party offer, to be a clean up price without a Subsidy Agreement.<BR><BR>Larry Lionberger - feels the current appraisal is 19 months old - does it suffice market value determination, as the past months have raised havoc on market appraisals. A fair market appraisal is needed at this time.<BR><BR>Council member Nikkola - the City could seek help from St. Louis County as to the value of property; a subsidy agreement would never be accomplished within a few months. The two parties should sit down and discuss as to how to proceed.<BR><BR>Council member Omerza - agrees with Council member Nikkola that the subsidy agreement would not be accomplished within a few months.<BR><BR>Council member Debeltz - City could request Salerno Land Sales to re-evaluate original appraisal at this time.<BR><BR>Larry Lionberger - there are a lot of sources out there for competitive market analysis.<BR><BR>Would have some concerns over an unheated structure.<BR><BR>Mayor Novak - would recommend that the City move forward with offer by referring to the Planning and Zoning Commission who will be meeting on November 20th. Larry Lionberger and Clerk-Treasurer Boese could work together, then call a special meeting of the City Land Negotiating Committee, with Clerk-Treasurer noting that she would like to go through the current Commercial Land Sales Procedure check list with the City Land Negotiating Committee, prior to meeting with Mr. Lionberger. <BR><BR>Keith Abney - needs to find a storage facility; does not want to wait six months - would like power across lots for winter business.<BR><BR>Council member Sheddy - would City be interested in leasing the building to party until a sale is final.<BR><BR>Mayor Novak - City would need a commitment from party for purchase.<BR><BR>Larry Lionberger - If the closing date of December 31, 2008 cannot be made, this project needs to happen quickly. Interested party is now looking at other properties so there is a sense of urgency to move as soon as possible; this is a perfect sites which solves their needs and the City's needs as well.<BR><BR>It was Council consensus in agreeing to the following:<BR><BR>Clerk-Treasurer will take the lead on this proposal;<BR><BR>Clerk-Treasurer can ask the City Negotiating Committee to meet;<BR><BR>City Attorney needs to weight in as to a subsidy agreement;<BR><BR>Market analysis is needed;<BR><BR>Planning and Zoning Commission will weight in on this proposal at their November 20th meeting;<BR><BR>Ely City Council could hold a special meeting on November 25th ( prior to regular monthly scheduled study session);<BR><BR>If City commits - pre-purchase agreement can be drafted.<BR><BR>Patti Steger requested placement on tonight's agenda requesting that the Ely City Council waive any fees to the City of Ely for the use of the Community Center Auditorium, including janitorial, rental and any other related fees. She noted that as in past years, she will be responsible for the decorating according to the current Community Center hours, so as not to incur extra expenses. After this event, they would request that the floor be cleaned and washed by the City of Ely. The date of the Mukluk Ball is Saturday, February 7, 2008, from 7:00 P.M. until midnight. Moved by Zupec supported by Debeltz, that request to waive fees as presented, be approved, with group to be responsible for cleanup except the mopping of auditorium floor.<BR><BR>Council member Nikkola noted that at prior City Budget Committee Meetings, discussion was held regarding all groups using the Community Center having to pay for this facility use, with recommended policy to begin in 2009. Clerk-Treasurer Boese noted that the City Budget Committee had discussed and agreed that all groups using the facility will have to pay for the facility, starting in 2009. Patti Steger noted that all monies taken in on this event after expenses are donated to charities. The Ely Area Jaycees who operate the liquor sales at this event, earn money and give it back to the community. Council member Debeltz expressed his concern that if the City can do something for the community, we are better of doing it this way - the lions share of the money raised at this event goes to the Ely Winter Festival and Ely Area Jaycees. Patti noted that approximately $15,000 is made on this event if all tickets sell, clearing about $13,000 of that amount, with one half profits going to the Ely Winter Festival, and the other one half of profits donated to the Will Steger Global Warming Project.<BR><BR>Mayor Novak commented that there is an economic component here and that he feels the City should approve of the request at this time, and then set policy for the future.<BR><BR>Carried unanimously.<BR><BR>Mary Lou Blasing requested placement on tonight's agenda, introducing herself as the new Executive Director of Ely Community Resource, giving a brief quarterly update to the Council. ECR is now located in the Queen City Building, will be involved in a Holiday Gift Project Program, and will be expanding summer programs in 2009. Mayor Novak commented that ECR has always been a good resource in town, with Council members welcoming Mary Lou to the Ely Community. Council member Debeltz noted that ECR has always done a wonderful job for the youth in our community.<BR><BR>Council member Omerza reported on behalf of the City Parks and Recreation Board Meeting of November 3rd: there were no action items from the last meeting. A group of Ely High School Students are assisting at the new skating facility; they have received a punch list from Fire Chief Gerzin as to what yet needs to be completed. Due to the hockey arena being under repair, preference will be given to hockey practices this winter, with hockey participants volunteering at the rink. Matter of information.<BR><BR>Council member Omerza reported on behalf of the Telecommunications Advisory Board Meeting of November 3rd: Board has recommended the payment of $706.94 to ELY TV for camera repair. Moved by Omerza supported by Debeltz, that claim be allowed and paid. Carried unanimously.<BR><BR>Moved by Omerza supported by Sheddy, that the Clerk-Treasurer be directed to write a letter to Charter Communications, requesting a second public access channel for the Ely area. Carried unanimously.<BR><BR>Discussion was held regarding a "live line" into the Ely Schools. It was noted that the school would not commit to line location, not the provider, with Council directing the Clerk-Treasurer along with Mike Jankovec, ELY TV, to contact the Supt. of Schools as to a location for a "live wire" at the Ely High School. Mike Jankovec will also contact VCC as to a drop at the college, also. <BR><BR>Council member Omerza reported that the EADA / Joint Powers Board will be meeting on Monday to work on a contractual employment agreement with Nancy Larson, who has been offered the position of Executive Director of the EADA/Joint Powers Board. She noted that Mayor Novak and herself have been involved in many interviews. Mayor Novak stated that the Joint Powers will be a strong voice with the EADA, and would like to compliment the Town of Morse for standing up in this direction. Council member Omerza commented that Nancy Larson is very well qualified for this position and will be an asset to the Ely area.<BR><BR>City Attorney Rae Bentz presented Council members with a copy of a draft proposed Resolution with Morse Township with regard to annexing approximately 50 acres, as well as a copy of the draft proposed Joint Resolution with regard to annexing the U.S. Forest Service complex on the east end of town. Moved by Nikkola supported by Sheddy, that the City of Ely move ahead with the annexation of the USFS parcel as requested, which had been discussed, with City services now being completed. Council member Nikkola noted that he does not feel comfortable with annexing the approximate 50 additional acres at this time, and would like to have the Ely Planning and Zoning Commission review along with the Comprehensive Plan. Carried unanimously.<BR><BR>Council members concurred that between the Clerk-Treasurer, City Operations Director, and City Attorney, a plan now needs to be formulated for the 50 old acres on Ely's West end, and that plan be forwarded to the Ely Planning and Zoning Commission for review.<BR><BR>Council member Sheddy offered the following resolution: 2008 - 41<BR><BR>Resolution Of The City Of Ely, Minnesota, Authorizing Compensation Of EEDA Members Pursuant to Minnesota Statute.<BR><BR>WHEREAS: The City of Ely is a Municipal Corporation governed under the Charter of the City of Ely with powers vested in its City Council; and<BR><BR>WHEREAS: Pursuant to Minnesota Statutes, Section 469.090 through 469-1081 ( the "Act") and Resolution 1993-9, the City Council created the Ely Economic Development Authority ( EEDA ); and<BR><BR>WHEREAS: Minnesota Statute Section 469.095 directs that members of the Economic Development Authorities shall be paid for attending each regular or special meeting of the authority in an amount to be determined by the city council.<BR><BR>NOW, THEREFORE BE IT RESOLVED: By the City Council of the City of Ely, that:<BR><BR>Each member of the Ely Economic Development Authority shall be compensated $1.00 per month, except the President, who shall be paid $2.00 permonth.<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 Sheddy, seconded by Council member Debeltz, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted this 6th day of November 2008.<BR><BR>Clerk-Treasurer Boese requested Council approval of City and EUC Bills and Payroll for the month of October 2008, in the amount of: EUC - $328,890.68; City of Ely - $951,228.10. Moved by Zupec supported by Debeltz, that bills and payroll be allowed and paid. Carried unanimously.<BR><BR>Clerk-Treasurer Boese reported that the City had received a communication from Mike Hillman, informing Council members that he will be in attendance at the December 16, 2008 Regular Ely City Council Meeting to present draft copy of grant application to the USX Foundation, for buildings affiliated with the former Pioneer Mine. This grant application must be submitted to USX Foundation by January 16, 2009. Matter of information.<BR><BR>Clerk-Treasurer Boese reported that Council members Lindroos, Omerza, and herself had interviewed applicants for the position of Confidential Accounting Clerk, and at this time would like to recommend that Pam Bennett be offered the position of Confidential Accounting Clerk for the City of Ely, position being 32 hours per week, with pro-rated benefit package, starting salary of $28,288.00 with step up salary increases to $31,530.00 after 60 months, in addition to annual wage increases given employees through Supervisors of Other Than Essential Employees Agreement, to be hired on a six month probationary period pending satisfactory reference and background checks. <BR><BR>Council member Zupec left his chair at 7:40 P.M.<BR><BR>Mayor Novak requested a five minute recess in order to provide for a recording tape change. Meeting recessed at 7:40 P.M.<BR><BR>Meeting reopened at 7:50 P.M.<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Mayor Novak (6)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>ABSTAIN: Council member Zupec (1)<BR><BR>Motion carried.<BR><BR>Clerk-Treasurer Boese informed Council members that the Employee Relations Committee had held a special meeting on Tuesday, October 28, 2008, to address the offering of an additional VEBA Health Care Plan to City Employees, effective January 1, 2009. Moved by Omerza supported by Nikkola, that the City Attorney be directed to draft a memo of understanding to the City Employee bargaining units, stating that the City will be adding an additional option to the health care plans for 2009, the VEBA 833 plan, which will be funded at the rate of $154.40 single coverage and $255.50 family coverage on a monthly basis. Carried unanimously.<BR><BR>City Operations Director of Public Works and Utilities, Harold Langowski, requested approval of the following EUC Consent Agenda Items:<BR><BR>Authorized toxicity testing from Environmental Toxicity Control Inc. for the WWTP;<BR><BR>Authorized the Operations Director and any commissioner to attend the System Planning and Management Training in Grand Rapids on November 5, 2008;<BR><BR>Approved the draft Off Peak Heating Policy, Application and Agreement as revised;<BR><BR>Approved the purchase of a sewer jetter for $48,315.00 from Flexible Pipe Tool Company from the state bid list;<BR><BR>Approved the purchase of a junction box and materials for the not to exceed price of $2,900.28;<BR><BR>Approved payment of September, 2008 bills for $300,443.62;<BR><BR>Approved payment of the Minnesota Power September 2008 Invoice, for $139,852.13.<BR><BR>Moved by Zupec supported by Debeltz, that above items be approved and ordered filed. Carried unanimously.<BR><BR>Communication was received from William Mayerle, retiring from his position as Equipment Operator in the Ely Public Works Department, effective December 7, 2008.<BR><BR>Moved by Debeltz supported by Omerza, that letter of retirement be accepted, with a letter of appreciation to be sent to William Mayerle for his years of service to the City of Ely. Carried unanimously.<BR><BR>Claims for payment were received from the following:<BR><BR>Northland Securities 2007 OSA TIF Report - $1,500.00;<BR><BR>Klun Law Firm - Inv. #14312 - work on matter re: Ely Bloomenson Hospital - Refinancing Documents - $47.86;<BR><BR>St. Louis County - September 2008 Joint Use Facility - $4,709.97<BR><BR>Moved by Zupec supported by Nikkola, that above claims be approved and ordered filed. Carried unanimously.<BR><BR>Moved by Omerza supported by Zupec, that the City of Ely waive readings in their entirety, of all ordinances and resolutions on tonight's agenda. Carried unanimously.<BR><BR>Council member Debeltz offered the following Ordinance: Proposed Ordinance #225, Second Series, An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 20, Section 20.2., Authorizing Sale of Real Property to Sjoberg Masonry, 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 land hereinafter described is no longer needed to serve any public purpose and the disposal of this real property has no relationship to the comprehensive municipal plan; and, is therefore available for disposal.<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, for the price of Eighteen Thousand, Six Hundred Sixty-seven, and 50/100 Dollars ( $18,667.50), and the Mayor and Clerk-Treasurer are hereby authorized to execute all documents and perform all acts necessary for the transfer to John Sjoberg, subject to execution of standard form purchase agreement, subject to Buyer paying normal and customary buyer closing costs, and subject to easements of record, that certain real estate legally described as follows:<BR><BR>That part of the Southwest Quarter of the Northeast Quarter ( SW &#188; of NE &#188;), Section Thirty-three (33), Township Sixty-three (63) North, Range Twelve (12) West of the Fourth Principal Meridian, St. Louis County, Minnesota, described as follows:<BR><BR>Assuming the East Line of said Southwest Quarter of the Northeast Quarter to bear North 01 degrees 50'27" West and from the Southeast Corner of the Southwest Quarter of the Northeast Quarter, being also the Center East Sixteenth Corner, run North 01 degrees 50"27" West along said East Line, a distance of 410.87 feet; thence South 90 degrees 00'00" West, a distance of 33.02 feet to the POINT OF BEGINNING.<BR><BR>Thence continue South 90 degrees 00'00" West, a distance of 104.02 feet;<BR><BR>Thence North 00 degrees 00'00" East, a distance of 125.00 feet;<BR><BR>Thence North 90 degrees 00'00" East, a distance of 100.00 feet;<BR><BR>Thence South 01 degrees 50'27" East, a distance of 125.06 feet to the POINT OF BEGINNING.<BR><BR>Said parcel contains 0.29 acres.<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.<BR><BR>Motion for the adoption of the foregoing ordinance 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, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Proposed Ordinance #225, Second Series, adopted and given a second and final reading and publication, this 6th day of November 2008.<BR><BR>Council member Sheddy provided Council members with Lot numbers, Lot size, tax value, and proposed selling price, for lots in East Spaulding, Phase Three. He had walked the building lots with City Assessor Ben Thomas, to come up with an estimate on taxable prices, adding to the current tax value to cover the cost of installing the infrastructure and commissions that realtors will charge. These prices also reflect the success that the City is having in selling the other East Spaulding Lots. Council member Sheddy noted that there are 11 lots that will be for sale in this phase, with the total gross selling price being $351,060.00. Moved by Sheddy supported by Debeltz, that the Council approve of proposed sale prices as presented, and that the City Attorney be directed to draft up proper ordinance including covenants as stipulated in Phase II. Carried unanimously. <BR><BR>City Operations Director Langowski reported that there is a revised plat map of this area in the Clerk's Office; that the City will need to look at naming the roadway where lots are available; Operations Director will be posting signs identifying the lots that are available, reporting that the utilities will be installed in the spring, with clearing and grubbing of lots to take place over this winter. Matter of information.<BR><BR>Council member Omerza offered the following ordinance: Proposed Ordinance #226, Second Series, An Ordinance of the City of Ely, Minnesota, Amending the Ely City Code, Chapter 5, Section 5.60, Entitled Exclusions from License Limits<BR><BR>THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN:<BR><BR>Section 1. Section 5.60 of Chapter 5 of the Ely City Code shall be amended to read as follows:<BR><BR>Section 5.60 Liquor and On Sale Wine License Restrictions, Regulations and Unlawful Acts.<BR><BR>Subd. 1. Limitations on Issuance of Licenses to One Person or Replace.<BR><BR>No off-sale liquor license may be issued to any one person for more than one place in the City. Any person holding an interest in two or more such licenses in the City shall be deemed to hold more than one license.<BR><BR>For the purpose of this Subdivision, the term "interest": (1) includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establishment, and a person who receives money from time to time directly or indirectly from a licensee, in the absence of consideration and excluding gifts or donations, has a pecuniary interest in the retail business; and, (2) does not include loans; rental agreements; open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, supplies to the establishment; an interest in a corporation owning or operating a hotel but having at least 150 or more rental units holding a liquor license in conjunction therewith; or ten percent or less interest in any other corporation holding a license.<BR><BR>In determining whether an "interest" exists, the transaction must have been bona fide and the reasonable value of the goods and things received as consideration for a payment by the licensee and all other facts reasonably tending to provide or disapprove the existence of a purposeful scheme or arrangement to evade the restrictions of this Subdivision must be considered.<BR><BR>Subd. 2. Licenses in Connection with Premises of Another. A license may not be issued to a person in connection with the premises of another to whom a license could not be issued under the provisions of this Chapter. This Subdivision does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a non-citizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of this Chapter.<BR><BR>Subd. 3. Employment of Minors: No person under eighteen (18) years of age may sell or serve liquor or wine on licensed premises.<BR><BR>Subd. 4. Premises Eligible. On-sale wine licenses shall be granted only to restaurants defined in this Chapter. Provided, however, for purposes of this Section, such restaurant shall have appropriate facilities for seating not less than thirty guests at one time.<BR><BR>Subd. 5. Number of Licenses. The Council shall issue no more than a total of nine (9) on-sale liquor licenses.<BR><BR>Subd. 6. Intoxicating Malt Liquor Sale Without License. The holder of an on-sale wine license issued pursuant to this Chapter who is also licensed to sell beer at on-sale, and whose gross receipts are at least sixty percent attributable to the sale of food, is authorized to sell intoxicating malt liquor at on-sale without an addition license.<BR><BR>Subd. 7. Exclusions from license limits. The Council, in its discretion, may issue on-sale intoxicating liquor licenses to the following entities, in addition to the number authorized by Subd. 5:<BR><BR>clubs, or congressionally chartered veterans organizations;<BR><BR>restaurants;<BR><BR>establishments that are issued licenses to sell wine under Minn. Stat. Section 340A.404, subd. 5;<BR><BR>theaters that are issued licenses under Minn. Stat. Section 340A.404;<BR><BR>hotels; and<BR><BR>bowling centers<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, supported by Council member Zupec, and declared carried on the following vote:<BR><BR>YES: Council members Debeltz, Lindroos, Nikkola, Omerza, Sheddy, Zupec, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Proposed Ordinance #226, Second Series, given a first reading and publication, this 6th day of November 2008.<BR><BR>Communication was received from Eric Mayranen, regarding the status of the City of Ely's forest lands. The current demand for stumpage in Minnesota is limited. The forest industry is still adjusting to the reduced mill capacity and the world wide economic down turn. Aspen, spruce, and jack pine stumpage are being offered and selling for prices in the low to mid-twenties and balsam is in the mid teens. Other species are in the single digits. The City's Forested Land is as follows: Airport Forest Land - 466 acres of forest land; Lucky Boy Forest Land - the City owns 321 contiguous acres in the Lucky Boy area, of which 215 acres are forested; 40 acres west of water tower - this 40 acres is dominated by an ash lowland and cedar upland in the east two-thirds of the property and should be left alone; 40 acres east of airport - this 40 acres is half lowland and half upland Dorothy Molter Pines - a thinning would encourage the growth of larger trees.<BR><BR>Matter of information at this time.<BR><BR>Council member Debeltz offered the following resolution: 2008-42<BR><BR>BE IT RESOLVED: That after canvassing the return of the General Election held on Tuesday, November 4, 2008, for Mayor, Council Persons, Charter Amendment, the results of said election are as follows:<BR><BR>FOR MAYOR <BR><BR>#1 #2 #3 #4 TOTAL<BR><BR>(two year term)<BR><BR>Charles J. Novak <BR><BR>154 217 202 268 841<BR><BR>Roger J. Skraba <BR><BR>239 296 227 311 1073 * <BR><BR>FOR COUNCIL<BR><BR>( four year term)<BR><BR>Jerome J. Debeltz <BR><BR>214 313 255 305 1087*<BR><BR>John F. Lindroos <BR><BR>134 192 186 210 722<BR><BR>Lawrence A. Reedy <BR><BR>182 204 180 227 793 <BR><BR>Michael Hillman <BR><BR>147 225 154 215 741<BR><BR>Mark Zupec <BR><BR>196 213 173 267 849*<BR><BR>Frank Salerno <BR><BR>156 236 201 252 845* <BR><BR>City Question<BR><BR>Proposed Charter <BR><BR>Amendment to Sec.<BR><BR>2.04 Regarding<BR><BR>Council Vacancies<BR><BR>YES <BR><BR>270 363 279 354 1266*<BR><BR>NO <BR><BR>96 113 136 175 520<BR><BR> <BR><BR> <BR><BR>TOTAL VOTERS<BR><BR>2008 ELECTION: <BR><BR>430 569 464 684 2147<BR><BR>TOTAL REGISTERED<BR><BR>VOTERS: <BR><BR>476 655 525 877 2533 <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, Mayor Novak (7)<BR><BR>NO: None (0)<BR><BR>ABSENT: None (0)<BR><BR>Adopted this 6th day of November 2008.<BR><BR>Mayor Novak reported that he has had a discussion with Don Dicklich, St. Louis County Auditor, relative to the City's financial contribution for the salt storage shed at the Joint Public Works Maintenance Facility, and that Auditor wants to know the City's intentions for paying their share of this project, by November 7th. This matter will be discussed as the City Budget Committee Meeting of November 13th.<BR><BR>City Operations Director Langowski reported that when attending a Minnesota Rural Water Training Session this past week, funding options came up where the City may qualify for funding towards a City Hall elevator, along with the salt storage shed. This would be separate from a bond and not a typical loan. Council member Sheddy stated that he would like to get feedback from the city architect on all information necessary to resolve the installation of elevators at the Ely City Hall and Ely Community Center.<BR><BR>Council members noted that an elevator at Ely City Hall was already approved; the City Operations Director along with the Clerk-Treasurer will look at other options on Friday, November 7th, and bring back those options to the City Budget Committee. <BR><BR>Moved by Omerza supported by Lindroos, that tonight's meeting adjourn.<BR><BR>Carried unanimously. Adjournment at 8:10 P.M.<BR><BR>Patricia M. Wellvang<BR><BR>Deputy Clerk<BR><BR>City of Ely<BR><BR>Ely Echo 11/15/2008<BR><BR>