ELY CITY COUNCIL
REGULAR MEETING
Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Mark Banowetz, Kevin Meskimen, John Smith and Tom Winkowski. Guests included: Jim Miller, Marie Miller, Suresh Ganu, Mrs. Pat Maher, Randy W Maher, Kerry Vincent, Jessica Shelton, Greg Heims, Bill Grove, Bob Ballantyne and Mary Ballantyne.
Meskimen, second by Banowetz, moved to approve the Consent Agenda consisting of:
· Agenda
· Minutes of the October 9, 2006 regular, October 11, 2006 special and November 8, 2006 workshop City Council meetings
· Treasurers Report for the period ended October 31, 2006
· Bills Payable for November, 2006
· Purchase Orders for November, 2006 as follows:
|
Vendor |
Purpose |
Amount |
|
Windows by Pella, Inc. |
Replace broken windows |
$1,412.19 |
|
Total
Approved |
|
$1,412.19 |
Motion carried – 4 to 0.
Treasurer’s
Report (summary) for the period ended October 31, 2006
|
|
Receipts |
Disbursements |
Ending Balance |
|
General |
$108,664.16 |
$25,204.61 |
$240,355.03 |
|
Road
Use |
7,846.91 |
4,896.27 |
-3,325.02 |
|
TIF
Fund |
73,358.33 |
|
359,860.68 |
|
Debt
Service |
26,652.22 |
|
28,407.31 |
|
Other
Projects |
531.00 |
|
126,331.89 |
|
Library
Project |
|
|
3,169.70 |
|
Water
Utility |
15,294.54 |
4,565.56 |
120,654.19 |
|
Water/Sewer
Reserve |
|
|
50,000.00 |
|
Sewer
Utility |
17,391.44 |
11,986.18 |
167,162.42 |
|
Sanitary
Utility |
6,371.18 |
5,161.11 |
58,814.30 |
|
PR
Clearing |
3,152.35 |
5,071.04 |
756.17 |
|
Totals |
$259,232.13 |
$ 56,884.77 |
$1,152,168.67 |
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.
Citizen Requests. None
Process to Fill Vacancy on City Council. Clerk-Administrator Anderson reported Councilmember Kristine Tharp had submitted her resignation from the City Council in writing, effective November 2, 2006, due to her relocation to Swisher. The City Council discussed the options available for filling the vacant position, including special election and by City Council appointment. Banowetz, second by Meskimen, moved to follow the process to appoint an eligible person to fill the vacant City Council seat at the December 11, 2006 regular City Council meeting, and to have persons interested in being appointed to submit a letter of interest. Motion carried – 4 to 0.
Engineering Report & Update, Wastewater Treatment Plant Project – Cary Solberg. Cary Solberg, of MMS Consultants, reported on the status of engineering for the Wastewater Treatment Facility Project, and discussed related matters with the Mayor and City Council. Items discussed include: DNR review of the submitted draft 60% complete plans will hopefully begin right away, with comments back the end of November; intent to begin advertising for bids beginning in mid-December with bid opening January 8, 2007; elevation of the main lift station pit was discussed, subsurface in the project area will need to be dewatered to at least 25 feet below surface for the WWTF structures; and that the City will need to extend the fence further out on the property the city owns.
Mr. Solberg also discussed the Rogers Creek Trunk sewer project, it was the general consensus of the City Council to proceed with engineering, plans and specifications for this project; to bid it as a separate project from the WWTF; and that bids should be based on alternates of 15” diameter and 18” diameter pipes.
Public Hearing re: Resolution No. 06-1009-27, Correcting Resolution Disposing of the City’s Interest in Portions of an Easement for Public Highway – Jappa Road/Rogers Creek Road. At 7:23 p.m. Meskimen, second by Smith, moved to open a public hearing regarding Proposed Resolution No. 06-1009-27. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:23 pm.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk-Administrator Anderson explained the resolution to be considered would correct a typing error in the legal description of a highway right of way previously released by the City. Mayor Stanek asked for further comments regarding the public hearing item and none were received.
Banowetz, second by Meskimen, moved to close the public hearing. Motion carried – 4 to 0, Mayor Stanek declared the public hearing closed and meeting to be in regular session at 7:25 pm.
Resolution No. 06-1009-27, Correcting Resolution Disposing of the City’s Interest in Portions of an Easement for Public Highway – Jappa Road/Rogers Creek Road. Meskimen, second by Winkowski, moved to approve Resolution No. 06-1009-27, Correcting Resolution Disposing of the City’s Interest in Portions of an Easement for Public Highway – Jappa Road/Rogers Creek Road.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Public Hearing re: Proposed Ordinance No. 190, An Ordinance Revising Provisions Related to Sanitary Sewer and Sanitary Sewer Rental Rates. At 7:26 p.m. Banowetz, second by Meskimen, moved to open a public hearing regarding Proposed Ordinance No. 190, An Ordinance Revising Provisions Related to Sanitary Sewer and Sanitary Sewer Rental Rates. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:26 pm.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk-Administrator Anderson explained the proposed ordinance would change the sewer use rate from 125% of the customer water fee to a specific fee per 1,000 gallons used, and includes a 10% increase in sewer use fees. Jim Miller asked what impact this ordinance would have on the citizens of Ely. Aaron Anderson stated the ordinance would increase sewer use fees by 10%, but would not affect water rates. Mayor Stanek asked for further comments regarding the public hearing item and none were received.
Meskimen, second by Banowetz, moved to close the public hearing. Motion carried – 4 to 0, Mayor Stanek declared the public hearing closed and meeting to be in regular session at 7:27 pm.
First Reading Ordinance No. 190, An Ordinance Revising Provisions Related to Sanitary Sewer and Sanitary Sewer Rental Rates. Banowetz, second by Smith, moved to introduce Ordinance No. 190, An Ordinance Revising Provisions Related to Sanitary Sewer and Sanitary Sewer Rental Rates, and to place said ordinance on first reading.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Public Hearing re: Proposed Ordinance No. 191, An Ordinance to Amend Certain Provisions Related to the Municipal Water Utility. At 7:29 p.m. Meskimen, second by Smith, moved to open a public hearing regarding Proposed Ordinance No. 191, An Ordinance to Amend Certain Provisions Related to the Municipal Water Utility. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:29 pm.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk-Administrator Anderson explained the proposed ordinance would revise certain provisions related to water meters, including that the City would retain ownership and bear the cost to maintain, repair and replace water meters. Jim Miller asked who would pay the cost of installing a water meter if the City determines it needs to be replaced. Aaron Anderson stated the City would provide the replacement water meter, but the property owner would need to pay for the cost of installation. Mayor Stanek asked for further comments regarding the public hearing item and none were received.
Banowetz, second by Meskimen, moved to close the public hearing. Motion carried – 4 to 0, Mayor Stanek declared the public hearing closed and meeting to be in regular session at 7:31 pm.
First Reading Ordinance No. 191, An Ordinance to Amend Certain Provisions Related to the Municipal Water Utility. Meskimen, second by Winkowski, moved to introduce Ordinance No. 191, An Ordinance to Amend Certain Provisions Related to the Municipal Water Utility, and to place said ordinance on first reading.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Meskimen, second by Winkowski, moved to waive the second and third reading of Ordinance No. 191, and place said ordinance for final consideration.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Meskimen, second by Winkowski, moved for final approval of Ordinance No. 191, An Ordinance to Amend Certain Provisions Related to the Municipal Water Utility.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Public Hearing re: Capital Improvements Plan. At 7:38 p.m. Meskimen, second by Winkowski, moved to open a public hearing regarding the proposed Capital Improvements Plan. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:38 pm.
Mayor Stanek asked for comments from the public regarding the public hearing item. Suresh Ganu said he likes the Dows Street Gateway project from State Street to Krobs Elevator, and asked if it will include garbage cans. Mayor Stanek stated it would. Mr. Ganu asked if garbage cans could be installed sooner, Mayor Stanek stated his preference is to wait to assure a consistent visual theme so items such as garbage cans are part of a whole finished product. Mr. Ganu stated he has noticed there are no opportunities to properly dispose of trash in this area and suggested the garbage cans be installed now and moved as needed for construction, etc. Mayor Stanek stated the type of garbage cans being discussed are usually bolted down, quite heavy and expensive.
Mary Ballantyne asked if the Dows Street Gateway project would include additional work by the Library and on the south side of street. Mayor Stanek replied that the area by the Library and the north side of the block from Walker to Main all have new sidewalks which would not change. Ms Ballantyne asked if garbage cans could be put in on north side of Dows between Walker and Main, since there would not be new work to the sidewalks. Mayor Stanek stated he would prefer to make aesthetic decisions at a time when they can be considered as part of an overall total project. Bob Ballantyne stated he has noticed their house is about one candy bar from Casey’s. Mayor Stanek stated decisions on aesthetics have not been made yet.
Jim Miller asked what the City Council’s top priorities are on the Capital Improvements Plan. Mayor Stanek replied the projects on the plan are listed by year and priority. Mr. Miller asked when the State Street Bridge Replacement project is scheduled. Mayor Stanek replied it is scheduled for construction in 2007. Tom Winkowski stated putting garbage cans on Dows Street on a temporary basis until the project is complete is a good idea.
Mayor Stanek asked for further comments regarding the public hearing item and none were received.
Winkowski, second by Meskimen, moved to close the public hearing. Motion carried – 4 to 0, Mayor Stanek declared the public hearing closed and meeting to be in regular session at 7:43 pm.
Capital Improvements Plan. Meskimen, second by Winkowski, moved to approve the Capital Improvements Plan as presented. Motion carried – 4 to 0.
Public Hearing re: Application to the CDBG Program for the Hillcrest/Highland Storm Sewer Replacement Project. At 7:45 p.m. Banowetz, second by Smith, moved to open a public hearing regarding an application to the Iowa Community Betterment Block Grant (CDBG) program for financial assistance to carry out the Hillcrest/Highland Storm Sewer Replacement Project. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:45 pm.
Mayor Stanek introduced Doug Elliott, Executive Director of the East Central Iowa Council of Governments, and opened the floor for comments from the public regarding the public hearing item. Mayor Stanek read the following:
How the need for the proposed activities was identified:
There is currently no storm sewer collection system servicing the section of Highland Road in the project area. Although storm sewer was installed in the project area of Hillcrest Street, it has become clogged and completely plugged in places. In addition, the street has a centerline profile grade of less than 0.40% in places, which does not allow storm runoff to drain to existing intakes. These conditions have caused flooding in the residential neighborhood roughly bounded by Hillcrest Street and Highland Road. In addition, street surfaces are prone to degradation due to water ponding and infiltrating under the pavement, causing instability of the pavement and structure subgrade.
How the proposed activities will be funded and source of funds:
The total cost of the project will be approximately $366,220. Of that total, $183,110 will be federal grant funds through the Community Betterment Block Grant Program (CDBG) program. The remaining $183,110 will be provided as local match by the City of Ely.
The date the application will be submitted:
December 12, 2006.
Requested amount of federal funds:
$183,110
Estimated portion of federal funds that will benefit persons of low-and moderate–income:
$95,218, or 52% of the funds will benefit persons of low-and moderate-income. A door-to-door, low-to-moderate income survey was conducted in Ely, and 52% of the population was considered low- and moderate-income.
Where the proposed activities will be conducted:
The project will take place along Hillcrest Street from Dows Street northwest to its termination at city property and along roughly 250 feet of Highland Road east/ northeast of its intersection with Hillcrest Street.
Plans to minimize displaced persons and businesses as a result of funded activities:
No displacement of persons or businesses is anticipated as a result of funded activities.
The nature of the proposed activities:
The City of Ely is applying for CDBG funds to assist in the installation of storm sewer to replace current inadequate facilities and to provide facilities where none currently exist. By doing so, the City hopes to eliminate previous flooding and damage to residences in the area, as well as damage to public roadways. Installation will include approximately 966 LF of storm sewer of varying diameter, 2 manholes, 9 intakes, removal and reconstruction of the existing roadways, seeking, and other mechanical structures.
Mayor Stanek asked for additional comments from the public. Mrs. Pat Maher asked if award of the grant application would eliminate special assessments to homeowners. Mayor Stanek replied there would not be special assessments if the grant is awarded.
Mark Banowetz asked if sidewalks were included for funding under the CDBG program, or would be specially assessed. Doug Elliot stated sidewalks were included in the engineer’s report, so grant funds would be available for sidewalks if the application is funded. Mayor Stanek asked for further comments regarding the public hearing item and none were received.
Meskimen, second by Winkowski, moved to close the public hearing. Motion carried – 4 to 0, Mayor Stanek declared the public hearing closed and meeting to be in regular session at 7:55 pm.
Resolution No. 06-1113-28, Authorizing Application to the CDBG Program for the Hillcrest/Highland Storm Sewer Replacement Project. Meskimen, second by Winkowski, moved to approve Resolution No. 06-1113-28, Authorizing Application to the CDBG Program for the Hillcrest/Highland Storm Sewer Replacement Project.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Resolution No. 06-1113-29, Approving Contract for Engineering Services for Park Development – MMS Consultants. Clerk-Administrator Anderson reported the Park & Recreation Commission had reviewed scope of and proposed contract for preliminary engineering for developing the Ely City Park, and that the Park Commission recommends approval of the proposed contract with MMS Consultants. Banowetz, second by Smith, moved to approve Resolution No. 06-1113-29, Approving Contract for Engineering Services for Park Development for preliminary engineering services with MMS Consultants at a total cost not to exceed $7,323.00.
Aye: Banowetz, Meskimen, Smith, Winkowski
Nay: None.
Motion carried – 4 to 0.
Schedule Public Hearing for Voluntary Annexation and P-1 Public Use Zoning Designation, City Owned Parcel. Clerk-Administrator Anderson reported the parcel where the wastewater treatment lagoon is located would need to be included in the Ely Urban Renewal Area in order to use TIF proceeds to pay costs associated to WWTF upgrades, that the process to amend the urban renewal area would be less complicated if the parcel is in city limits, which it currently is not. He asked the City Council to schedule a public hearing to initiate the voluntary annexation process for January 8, 2007. Meskimen, second by Smith, moved to schedule a public hearing regarding the voluntary annexation of a parcel of land owned by the City of Ely for 7:00 p.m., Monday January 8, 2007. Motion carried – 4 to 0.
Annual Financial Report – FY 2005-06. Smith, second by Banowetz, moved to approve the Annual Financial Report for fiscal year 2005-06. Motion carried – 4 to 0.
Discussion Items. None
Smith, second by Meskimen, moved to adjourn. Motion carried – 4 to 0. The meeting adjourned at 8:12 p.m.
Dale Stanek, Mayor
Attest:
Aaron Anderson, Clerk/Administrator