SEPTEMBER 11, 2006

ELY CITY COUNCIL CHAMBERS

Mayor Dale Stanek called the meeting to order at 7:10 p.m. Council members present: Mark Banowetz, Kevin Meskimen and Tom Winkowski; Kris Tharp and John Smith absent- excused. Guests included: Mary Ballantyne, Bill Grove, Mr. Pat Maher, Randy Maher, Russell Maresh, Barb Maresh, Sue Schulte, Jesse Schulte, John R. Vaassen, Keith Schulte, Millicent Cozzei, Jim Houser, and Judy Wery.

Banowetz, second by Meskimen, moved to approve the Consent Agenda, not including Purchase Orders, consisting of:

· Agenda

· Minutes of the August 14, 2006 regular and August 29, 2006 special City Council meetings

· Treasurers Report for the period ended August 31, 2006

· Bills Payable for September, 2006

· Appointments and Renewals to Boards and Commissions

Motion carried – 3 to 0.

Treasurer’s Report (summary) for the period ended August 31, 2006

	Receipts	Disbursements	Ending Balance
General	$ 5,726.31	$ 38,194.55	$ 164,342.52
Road Use	8,228.94	13,186.49	1,847.92
TIF Fund	1,101.64		279,271.44
Debt Service	235.33		-405.98
Other Projects	568.58		125,800.89
Library Project			3,169.70
Water Utility	15,951.95	5,145.62	107,774.15
Water/Sewer Reserve			50,000.00
Sewer Utility	18,417.17	10,202.22	155,322.02
Sanitary Utility	6,012.90	11,046.50	53,460.36
PR Clearing	8,075.97	6,641.92	10,406.71
Totals	$ 64,318.79	$ 84,417.3	$ 943,390.78

Meskimen, second by Winkowski, moved to approve the following Purchase Order(s) for September 2006. Motion carried – 3 to 0.

Vendor	Purpose	Amount
Quality Flow, Inc	Replacement Lift Station Pump – Sewer	$4,150.00
American Security Cabinets	Payment Drop Box – City Hall	$1,376.00
Total Approved		$5,526.00

Communications:

Deputy J. Peschek of the Linn County Sheriff’s Office presented the Monthly Activity Report. The City Council received Plan and Zoning Commission minutes, and a report from MMS Engineering.

Citizen Requests. None

Public Hearing re: Alley Vacate Resolution, Poplar Street. At 7:17 p.m. Meskimen, second by Banowetz, moved to open a public hearing regarding a proposed resolution to vacate an alley. Motion carried - 3 to 0. Mayor Stanek declared the public hearing to be open at 7:17 pm.

Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk/Administrator Anderson reported there is a sewer main in the alley on the east of Poplar Street that runs parallel to Dows Street which serves properties on the south side of Dows. Mr. Anderson recommended the City not vacate the portion of alley where the sanitary sewer main is installed to maintain full access to and control of this right of way.

Jim Miller asked why the city would not vacate the alley with the sewer line in it. Dale Stanek stated it is usually not in the city’s interest to vacate an alley with utilities located because the city may need to access the sewer main in the future and that sewer repairs are usually messy. A lady asked if the city is vacating anything to the south. Dale Stanek stated the city is not.

Mayor Stanek asked for further comments from the public regarding the public hearing item. Jim Miller asked what would happen to the alley on his side of Poplar Street. Mr. Stanek stated we are attempting to vacate it. Mr. Miller asked for details. Aaron Anderson stated the Council seeks to have sidewalks installed and would vacate the alley in exchange for sidewalks being installed. Mr. Miller stated the property owners don’t want sidewalks in this area. Mark Banowetz stated the City couldn’t vacate an alley without receiving compensation.

Jesse Schulte stated nobody wants sidewalks in this area, it’s a dead end cul-de-sac and sidewalks are not needed. Mr. Schulte asked how much the land is appraised for. Dale Stanek stated the right of way the city purchased for the north park entrance appraised at $2.19 per square foot.

Jim Miller suggested the City vacate the alley adjacent to his property and wait 50 years for the sidewalk to be installed.

Jesse Schulte asked if the city has received complaints that there is no sidewalk along Poplar Street. Dale Stanek stated there have been complaints of lack of sidewalk in general, but not specific to Poplar Street. Sue Schulte asked why Jim Miller wants the alley to be vacated. Mr. Miller stated he has been mowing the grass on the alley since he bought it, and it would be nice to have a 60’ lot to sell. He stated the City Council had approved vacating the alley to Krobs 28 years ago, and the vacate was not properly recorded with Linn County.

Kevin Meskimen stated the City Council is looking at putting sidewalks in throughout Ely, and property owners along Poplar may have to install sidewalk in the future. Jesse Schulte stated he understands that, and he is stating his thoughts on the matter, which he has the right to do. Dale Stanek stated the City couldn’t give exceptions when requiring property owners to install sidewalks. Mr. Schulte asked if they can put sidewalks in themselves. Mr. Stanek stated a property owner could install own sidewalk as long as it meets City code. A lady asked if they may use the alley. Dale Stanek stated they may, as long as they don’t build a structure on it.

Jim Miller stated he started this; the land is not being used and thought he would get more value for his property. Mr. Miller stated it would be fine with him if the matter is dropped.

Banowetz, second by Meskimen, moved to close the public hearing. Motion carried – 3 to 0, Mayor Stanek declared the public hearing closed and meeting to be in regular session at 7:41 pm.

Resolution No. 06-1814-17, Alley Vacate Resolution. No motion was made on this resolution.

Resolution No. 06-0911-22, Approving Final Plat of Southbrook Ninth Addition in the City of Ely, Linn County, Iowa – Schulte Development, LLC.

Banowetz, second by Meskimen, moved to approve Resolution No. 06-0911-22, Approving Final Plat of Southbrook Ninth Addition in the City of Ely, Linn County, Iowa – Schulte Development, LLC.

Aye: Banowetz, Meskimen, Winkowski

Nay: None.

Motion carried – 3 to 0.

Ordinance No. 189 – Revisions to the Zoning and Subdivision Ordinances – Second Reading. Banowetz, second by Meskimen, moved to accept the second reading of Ordinance No. 189, to waive the requirement for a third reading and place said ordinance for consideration of final adoption.

Aye: Banowetz, Meskimen, Winkowski

Nay: None.

Motion carried – 3 to 0.

Banowetz, second by Winkowski moved for final approval of Ordinance No. 189 - Revisions to the Zoning and Subdivision Ordinances.

Aye: Banowetz, Meskimen, Winkowski

Nay: None.

Motion carried – 3 to 0. Mayor Stanek declared the Ordinance duly adopted.

Schedule Public Hearing re: Ordinance to Amend Residential Sanitation Service Rates. The City Council discussed potential changes to the residential solid waste and sanitation fees to allow collection of at least one container of residential garbage per week or month without a garbage sticker. Items discussed include the likely increased cost to all residents, administrative difficulty and ongoing efforts to work with Casey’s and other businesses to facilitate an adequate supply of stickers is on hand. No motion was made to schedule a public hearing on this matter.

Action Plan in Response to DNR Public Water Supply Sanitary Survey. Clerk/ Administrator Anderson presented a report from the DNR regarding the Ely public water supply, and an action plan prepared by City Engineering and staff to respond to the DNR’s comments and requirements. Banowetz, second by Meskimen, moved to approve the proposed response to the DNR’s Public Water Supply Sanitary Survey. Motion carried – 3 to 0.

Financial Audit/Proposals for Financial Audit of FY 2005-06. Clerk-Administrator Anderson reported he was unable to find alternatives to the State Auditor’s office to perform the FY 2005-06 financial audit that were either available, capable or willing to perform the audit. Meskimen, second by Banowetz, moved to conduct a financial audit for FY 06-07. Motion carried – 3 to 0.

Resolution No. 06-0911-23, Approving Contract For Preliminary Engineering Services with MMS Consultants, Dows Street Gateway Project. Meskimen, second by Banowetz, moved to approve Resolution No. 06-0911-23, Approving Contract for Preliminary Engineering Services with MMS Consultants to perform preliminary engineering for the Dows Street Gateway project at a cost of $7,500.00. Motion carried – 3 to 0.

Resolution No. 06-0911-25, Approving the FY 2005-06 City Street Finance Report. Meskimen, second by Banowetz, moved to approve Resolution No. 06-0911-25. Motion carried – 3 to 0.

Resolution No. 06-0911-26, Adopting the National Incident Management System. Meskimen, second by Winkowski, moved to approve Resolution No. 06-0911-26. Motion carried – 3 to 0.

Adopt-A-Hydrant Program. Clerk/Administrators Anderson presented a proposal to encourage community groups, businesses and property owners to paint fire hydrants. Banowetz, second by Winkowski, moved to authorize an “Adopt-A-Hydrant” program consistent with the Clerk/Administrator’s proposal. Motion carried – 3 to 0.

Schedule Public Hearing re: Resolution to Correct Resolution Disposing of City Interest in Highway Easement – Meadowbrook. Clerk-Administrator Anderson reported a public hearing process would need to be held to correct a typing error discovered in the legal description of the highway easement released. Meskimen, second by Banowetz, moved to schedule a public hearing regarding a resolution to correct a resolution disposing of city interest in a highway easement for 7:00 pm Monday October 9, 2006. Motion carried – 3 to 0.

Hire Meter Reader. Meskimen, second by Winkowski, moved to hire Lisa Hinton to be the city’s meter reader at $125.00 per month. Motion carried – 3 to 0.

Discussion Items. None

Meskimen, second by Winkowski, moved to adjourn. Motion carried – 3 to 0. The meeting adjourned at 8:04 p.m.

Dale Stanek, Mayor

Attest:

Aaron Anderson, Clerk/Administrator