ELY CITY COUNCIL
REGULAR MEETING
Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Mark Banowetz, Kris Tharp, Kevin Meskimen and Tom Winkowski; John Smith absent/excused. Guests included: Clary Illian, Kay Hale, Mary Ballantyne, Bob Ballantyne, Marie Miller, Jim Miller, Jim Goodall, Dan Tegtmeier, James H Miller, Mrs. Pat Maher, Randy Maher, Keith Schulte, Terry & Jan Mackey, Shelley Bulechek, Terry & Colleen Weir, Matt Fluharty, Bill Grove, John & Jane Vaassen, Kim Dolezal, Greg Heins, Julie Walters, Bonnie Levien, Patty Ballard, Paul and Diane Andersen, Tom Allison, Kerry & Nancy Vincent, and Jessica Shelton. Deputy R. Crosser of the Linn County Sheriff’s Office also attended.
Tharp, second by Banowetz, moved to approve the following:
· Agenda
· Minutes of the May 8, 2006 regular City Council Meeting
· Treasurers Report for the period ended May 31, 2006
· Bills Payable for June, 2006
· Advance Purchase Orders for June, 2006
Motion carried – 4 to 0.
Treasurer’s
Report (summary) for the period ended May 31, 2006
|
|
Receipts |
Disbursements |
Ending Balance |
|
General |
26,815.23 |
37,022.58 |
141,837.56 |
|
Road
Use |
7,502.13 |
2,542.56 |
8,480.19 |
|
TIF
Fund |
10,547.23 |
|
420,645.30 |
|
Debt
Service |
5,487.07 |
177,673.75 |
-138,458.97 |
|
Other
Projects |
|
18,228.88 |
131,928.31 |
|
Library
Project |
|
|
3,169.70 |
|
Water
Utility |
15,175.82 |
5,914.53 |
101,558.86 |
|
Water/Sewer
Reserve |
|
|
25,000.00 |
|
Sewer
Utility |
17,820.44 |
11,552.85 |
131,944.41 |
|
Sanitary
Utility |
6,988.37 |
4,894.98 |
58,190.25 |
|
PR
Clearing |
4,870.28 |
6,092.28 |
1,402.41 |
|
Totals |
95,206.59 |
263,902.41 |
885,752.02 |
Tharp, second by Meskimen, moved to approve the following renewals and appointments to City Boards and Commissions:
Board of
Adjustment (5 Year Terms)
Name Term
Expires
Leslie Homrighausen June 30, 2011
Don Sturgeon June 30, 2007
Karl Schmidt, Chair June 30, 2008
Doug Schneider June 30, 2009
Jack Hooten June 30, 2009
Term
Expires
Judy Jansen, President June 30, 2012
Maria Steenblock June 30, 2012
Rachelle Mineck June 30, 2012
Cheryl Krob June 30, 2008
Lynda Hahesy June 30, 2008
Lisa Hinton June 30, 2010
Michele Slezak June 30, 2010
Term
Expires
Katie Miller December 31, 2009
Eileen Jacobson December 31, 2007
Sharon Furler December 31, 2007
Clary Illian, Chair December 31, 2008
Patty Ballard December 31, 2008
Motion carried – 4 to 0.
Communications:
Deputy Crosser of the Linn County Sheriff’s Office presented the Monthly Activity Report.
Citizen Requests. Jim Miller asked if any arrangements had been made for a Car Show around the Community Center for the 4th of July. Mayor Stanek suggested coordinating with the Parks Commission.
A lady asked what could be done about cats running loose, and if the City has someone who would pick up a stray cat if a homeowner caught it. Clerk-Administrator Anderson reported the Humane Society would collect any stray cat that has been caught. A gentleman noted the Humane Society has new hours.
Public Hearing re: Nomination of Ely School Building to National Register of Historic Places. At 7:15 p.m. Meskimen, second by Banowetz, moved to open a public hearing regarding the nomination of the Ely School Building to the National Register of Historic Places. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:15 pm. Clerk-Administrator Anderson reported notice was published in the Cedar Rapids Gazette on June 6, 2006, and that no comments, verbal or written, were received regarding the public hearing item.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clary Illian, Chair of the Ely Historic Preservation Committee, summarized the process for nominating a building to the national register and reported the Ely Historic Preservation Committee had met with the Iowa Historic Preservation Office to discuss this nomination. Ms Illian reported nominating the building to the National Register does not imply any restrictions on the building whatsoever, noting the only time there may be restrictions would be if the City declares the building a historic building and seeks to re-construct it. Ms Illian also noted the Historic Preservation Committee plans to have the first permanent display in the stair well in September 2006.
Mayor Stanek asked for additional comments regarding the public hearing item, none were received. At 7:18 p.m., Tharp, second by Banowetz, moved to close the public hearing. Motion carried – 4 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 7:18 p.m.
Acceptance of Nomination of Ely School Building to National Register of Historic Places. Meskimen, second by Banowetz, moved to endorse the nomination of the Ely School Building to the National Register of Historic Places. Motion carried – 4 to 0.
Hillcrest/Highland Preliminary Engineering Report, Brain Engineering. Dan Tegtmeier, of Brain Engineering, presented the Hillcrest Street and Highland Road Reconstruction and Drainage Study, dated June 2, 2006, a copy of which is on file with the City Clerk. The items Mr. Tegtmeier reported on include: the storm sewer system along Hillcrest is completely clogged and sized insufficiently, the slope on Hillcrest Street is inadequate to drain properly, that the downstream storm sewer system appears adequate and in good condition, and that the existing street subgrade does not allow for effective drainage away from the street which has caused the concrete to buckle. Mr. Tegtmeier reported his recommendation to correct these situations is to reconstruct the street, remove the existing storm sewer mains, install an effective subgrade, and install storm sewer mains with adequate capacity to handle a 10 year storm event. Mr. Tegtmeier reported the estimated cost for the recommended work is $358,486.50.
The City Council discussed this mater with Mr. Tegtmeier. Items discussed include options for controlling drainage through this area from North Drive, possibility of extending storm sewer mains to North Drive to control drainage and prevent damage to the Hillcrest/Highland area, and whether the City had requested analysis of the actual problem affecting that area. The City Council also discussed options available for paying the project cost including use of general obligation debt, tax increment finance and special assessments.
Mr. Tegtmeier reported basic cost estimates range from at least $94.00 to $247.00/linear foot to enclose the storm sewer line from Dows Street to Rogers Creek.
Tharp, second by Meskimen, moved to move forward on a project to reconstruct Hillcrest/ Highland per the Preliminary Engineering Report prepared by Brain Engineering, and to look at water flowing from the north through the rear of properties along Highland to the Ely City park land. Motion failed - 2 to 1: Tharp and Meskimen in favor, Banowetz opposed, Winkowski abstaining. Mr. Winkowski stated he abstained because he has not made up his mind on this matter yet.
Meskimen, second by Tharp, moved to have the Hillcrest/Highland matter included on the agenda for the next regular meeting on July 10, 2006 for further consideration. Motion carried – 4 to 0.
Discuss Special Assessment Policy. The City Council reviewed information from City staff regarding special assessment and establishing a general policy on how special assessments would be calculated and applied. The City Council discussed this matter and noted no interest in proceeding further.
Public Hearing re: Proposed Ordinance No. 187 – Dangerous and Vicious Animals. At 7:50 p.m. Meskimen, second by Banowetz, moved to open a public hearing regarding proposed Ordinance No. 187 – Dangerous and Vicious Animals. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:50 pm. Clerk-Administrator Anderson reported notice was published in the Cedar Rapids Gazette on June 1, 2006 and posted per City and State Code and reported no comments, verbal or written, were received regarding the public hearing item.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk/Administrator Anderson summarized the proposed ordinance, including that the proposed ordinance revises the city’s existing regulations by adding specific breeds considered dangerous animals, and adds provisions related to animals which have a propensity to attack humans or domestic animals, and which attack humans or domestic animals. Bonnie Levien stated she had checked with the ASPCA and was told that the German Shepherd is the breed of dog that most often bites humans.
Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 7:53 p.m., Meskimen, second by Tharp, moved to close the public hearing. Motion carried – 4 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 7:53 p.m.
Ordinance No. 187 – Dangerous and Vicious Animals
Meskimen, second by Banowetz, moved to introduce for approval proposed Ordinance #187 – Dangerous and Vicious Animals and to place said ordinance on first reading.
Aye: Banowetz, Tharp, Meskimen, Winkowski
Nay: None.
Motion carried – 4 to 0.
Meskimen, second by Winkowski, moved to waive the second and third readings of Ordinance #187 – Dangerous and Vicious Animals, pursuant to §380.3, Code of Iowa.
Aye: Banowetz, Tharp, Meskimen, Winkowski
Nay: None.
Motion carried – 4 to 0.
Meskimen, second by Banowetz, moved a resolution for final reading and adoption of Ordinance #187 - Dangerous and Vicious Animals.
Aye: Banowetz, Tharp, Meskimen, Winkowski
Nay: None.
Motion carried – 4 to 0.
Mayor Stanek declared the ordinance duly adopted.
Public Hearing re: Proposed Ordinance No. 188 – Outdoor Alcohol Service Areas. At 7:58 p.m. Banowetz, second by Meskimen, moved to open a public hearing regarding proposed Ordinance No. 188 – Outdoor Alcohol Service Areas. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:58 pm. Clerk-Administrator Anderson reported notice was published in the Cedar Rapids Gazette on June 1, 2006 and posted per City and State Code, presented comments received via email and reported no other comments, verbal or written, were received regarding the public hearing item.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk/Administrator Anderson reported two versions of this ordinance were presented in the City Council packet, based on input and suggestions from different City Council members that he believed could not be reconciled. Bonnie Levien requested each City Councilmember to explain why they voted in favor of approving the outdoor service area permit for Odies at the last meeting. Kevin Meskimen stated he did so to support a business in town. Tom Winkowski stated he voted in favor because people want to be able to smoke and be outdoors while eating. Mark Banowetz stated the ordinance was put together with stringent provisions that Tom Rohner, of Odies’, had to agree to and that he is working to support a business in Ely.
Bonnie Levien stated the issues are noise, profanity, people urinating in her yard, and the arrogance of Odies’ owner. Mayor Stanek asked comments to not be of a personal nature. Ms Levien stated she has been sworn at on the telephone by Odies’ owner. Mark Banowetz asked if snowmobiles were the cause of most noise complaints. Ms Levien stated the problem with snowmobiles is that they would trespass on her property, the noise comes and goes. Mr. Banowetz stated Tom is willing to accept the ordinance and that he may not have had to otherwise. He stated the need to support businesses and give them the opportunity to prove self. Mr. Banowetz stated he understands Ms Levien’s concerns and for the potential for intimidation, and that he believes this ordinance is one that everyone can live with.
Bonnie Levien asked what proof would be needed to show that the ordinance is not working. Mark Banowetz stated the ordinance sets out the regulations and terms that anyone issued an outdoor service area license would have to comply with. Ms Levien asked how many of the specifications would need to be breached before the City Council says it is not working. Mr. Banowetz stated calls to the Sheriff’s office would be proof of violation and that he is not going to answer further because the ordinance was drafted by the city ‘s legal advisor.
Kris Tharp stated she voted to approve the Outdoor Service Area for Odies’ through July 11 because she anticipates they would not do construction before the ordinance is in place. Ms Tharp stated she felt it would not be too risky to approve and that hopefully everyone can work together and get moving forward. Ms Levien asked what the significance of July 11 is. Ms Tharp stated the request approved earlier would run through the July 2006 City Council meeting.
Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 8:08 p.m., Meskimen, second by Tharp, moved to close the public hearing. Motion carried – 4 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 8:08 p.m.
Ordinance No. 188 – Outdoor Alcohol Service Areas.
Banowetz, second by Meskimen, moved to introduce for approval version “B” of proposed Ordinance #188, “Outdoor Alcohol Service Areas”, and to place said ordinance on first reading.
Aye: Banowetz, Meskimen, Winkowski
Nay: None.
Abstain: Tharp
Motion carried – 3 to 0, 1 abstention.
Meskimen, second by Winkowski, moved to waive the second and third readings of Ordinance #182, “Outdoor Alcohol Service Areas” pursuant to §380.3, Code of Iowa.
Aye: Banowetz, Meskimen, Winkowski
Nay: Tharp
Motion carried – 3 to 1
Meskimen, second by Winkowski, moved a resolution for final reading and adoption of Ordinance #182, “Outdoor Alcohol Service Areas”.
Aye: Banowetz, Meskimen, Winkowski
Nay: Tharp
Motion carried – 3 to 1
Mayor Stanek declared the Ordinance duly adopted.
Request for Temporary Outdoor Service Area for July 4, 2006 – Winks Tap Inc. dba Odies Bar N Grill. Tharp, second by Meskimen, moved to approve a request from Winks Tap, Inc. dba Odies Bar N Grill for a temporary Outdoor Service Area for July 4th 2006. Motion carried – 4 to 0.
Public Hearing re: Authorization of a Loan and Disbursement Agreement and the Issuance of $140,000 Sewer Capital Loan Notes to Evidence the Obligation of the City thereunder, and Resolution Instituting Proceedings to Take Additional Action. At 8:26 p.m. Meskimen, second by Banowetz, moved to open a public hearing regarding Authorization of a Loan and Disbursement Agreement and the Issuance of $140,000 Sewer Capital Loan Notes to Evidence the Obligation of the City thereunder, and Resolution Instituting Proceedings to Take Additional Action. Motion carried – 4 to 0. Mayor Stanek declared the public hearing to be open at 8:26 pm. Clerk-Administrator Anderson reported notice was posted and published in the Cedar Rapids Gazette May 26, 2006 per City and State Code. Mr. Anderson reported no comments, verbal or written, were received regarding the public hearing item.
Mayor Stanek asked for comments from the public regarding the public hearing item. None were received.
Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 8:28 p.m., Meskimen, second by Banowetz, moved to close the public hearing. Motion carried – 4 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 8:28 p.m.
Resolution No. 06-0612-13, Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $140,000 Sewer Capital Loan Notes. Meskimen, Second by Banowetz, moved to approve Resolution No. 06-0612-13, Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $140,000 Sewer Capital Loan Notes. Motion carried – 4 to 0.
Resolution No. 06-0612-14, Approving and Authorizing A form of Interim Loan and Disbursement Agreement by and between the City of Ely, and the Iowa Finance Authority, and Authorizing and Providing for the Issuance and Securing the Payment of $140,000 Sewer Revenue Capital Loan Note Anticipation Project Note, Series 2006, of the City of Ely, Iowa, Under the Provisions of the Code of Iowa, and Providing for a Method of Payment of Said Note. Banowetz, second by Meskimen, moved to approve Resolution No. 06-0612-14, Approving and Authorizing A form of Interim Loan and Disbursement Agreement by and between the City of Ely, and the Iowa Finance Authority, and Authorizing and Providing for the Issuance and Securing the Payment of $140,000 Sewer Revenue Capital Loan Note Anticipation Project Note, Series 2006, of the City of Ely, Iowa, Under the Provisions of the Code of Iowa, and Providing for a Method of Payment of Said Note. Motion carried – 4 to 0.
Discuss Construction of Sidewalk Along State Street North from Fuhrmeister. Kris Tharp stated she asked this item to be included on the agenda because the stretch of State Street from Furhrmeister to Northgate appears to be very dangerous for pedestrians because there is no sidewalk in this area. Ms Tharp stated there are a lot of kids who walk along this area, and the lack of sidewalk creates a safety concern for her. The City Council discussed this matter, including that State Street improvement is on the Capital Improvements Plan, that installing sidewalk in this area is likely to be a fairly difficult project, and the concern for the safety of pedestrians in this area, especially younger ones.
Tharp moved to begin the Request for Proposals process for preliminary engineering for sidewalks along State Street north from Fuhrmeister. The motion did not receive a second. Mayor Stanek declared the motion dead for lack of second.
Renewal of Retail Cigarette Permits, Casey’s and Cleppes. Clerk-Administrator Anderson reported requests for renewal of Retail Cigarette Permits were received from Cleppes’ 66 Service and Casey’s Marketing. Mr. Anderson reported both permit renewal requests were properly completed and submitted, and all fees paid. Mr. Anderson reported the permit holder who had failed an age compliance check had paid the civil penalty. Meskimen, second by Winkowski, moved to approve renewal of the following Retail Cigarette Permits:
· Cleppes’ 66 Service, 1555 State Street
· Casey’s Marketing Company, dba Casey’s General Store #2566, 1495 State Street.
Motion carried – 4 to 0.
Office & Technology Proposal, SMG Solutions. Clerk-Administrator reported SMG Solutions has presented an unsolicited proposal for office and technology upgrades, service and support. Mr. Anderson stated the budget for the coming fiscal year does not include funding for such a proposal, that office staff is investigating utility billing upgrades such as online bill payment and other items, and that such a proposal is likely to be more timely for FY 2007-08. The City Council took no action on this matter.
Resolution No. 06-0612-15, Setting Salaries for City of Ely for Fiscal Year 2006-07. Meskimen, second by Winkowski, moved to table Resolution No. 06-0612-15 until the July 10, 2006 meeting for the City Clerk/Administrator to gather additional information. Motion carried – 4 to 0.
Resolution No. 06-0612-16, Authorizing Inter-Fund Transfers. Banowetz, second by Meskimen, moved to approve Resolution No. 06-0612-16. Motion carried – 4 to 0.
Schedule Special Meeting re: Wastewater Treatment Plant Project. The City Council scheduled a special workshop meeting to discuss status of the Wastewater Treatment Plant Project for 7:00 p.m., Thursday, June 22, 2006.
Discussion Items.
Banowetz, second by Winkowski, moved to adjourn. Motion carried – 4 to 0. The meeting adjourned at 8:39 pm.
Dale Stanek, Mayor
Attest:
Aaron Anderson, Clerk/Administrator