ELY CITY COUNCIL
REGULAR MEETING
DECEMBER 12, 2005
Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Kris Tharp, Don Sturgeon, Kevin Meskimen and Mark Banowetz; Absent John Smith - excused. Staff and Consultants present: David Dicken. Guests included: Kathleen Cross, Jim Webster, Jerry Sweet, Jim Miller, Keith Schulte, Millicent Cozzie, Dan Schmidt and Bob Ballantyne, also Linn County Deputy Sheriff Yon Abel.
Banowetz, second Sturgeon, moved to approve the agenda. Motion carried – 4 to 0.
Sturgeon, second by Banowetz, moved to approve the minutes of the November 14, 2005 regular meeting. Motion carried – 4 to 0.
Sturgeon, second by Meskimen, moved to accept the Treasurer’s Report for the period ended November 30, 2005. Motion carried – 4 to 0.
Treasurer’s Report (summary)
for the period ended November 30, 2005
|
|
Receipts |
Disbursements |
Ending Balance |
|
General |
70,124.55 |
26,262.05 |
281,318.71 |
|
Road
Use |
7,879.81 |
10,400.79 |
-3,702.01 |
|
TIF
Fund |
13,957.50 |
|
322,726.65 |
|
Debt
Service |
6,244.32 |
23,285.00 |
7,294.34 |
|
Other
Projects |
789.00 |
8,100.00 |
154.361.39 |
|
Library
Project |
|
|
3,169.70 |
|
Water
Utility |
12,734.14 |
3,555.19 |
53,995.12 |
|
Water/Sewer
Reserve |
|
|
25,000.00 |
|
Sewer
Utility |
15,730.21 |
9,355.10 |
125,291.10 |
|
Sanitary
Utility |
4,301.43 |
4,865.25 |
49,968.33 |
|
PR
Clearing |
4,502.53 |
8,116.83 |
1,398.66 |
|
|
136,263.49 |
93,940.21 |
1,020,371.99 |
Banowetz, second by Sturgeon, moved to approve payment of all bills listed for December 2005. Motion carried - 4 to 0.
Communications:
Minutes of the November 17, 2005 Plan and Zoning Commission meeting were not available.
Deputy Yon Abel of the Linn County Sheriff’s Department presented the monthly report from the Linn County Sheriff’s Department during the meeting.
Citizen Requests. Jim Miller asked what the opening date for the remodeled Community Center would be. Mayor Stanek summarized progress on the project and stated David Dicken, project Architect, would provide more details later in the meeting.
Public Hearing regarding Request to Vacate Right of Way – Paul Stewart/Meadowbrook Subdivision. At 7:10 p.m., Sturgeon, second by Meskimen, moved to open a public hearing regarding a request to vacate a portion of the former Rogers Creek Road right of way. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:10 pm.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk-Administrator Anderson reported notice had been given pursuant to State Code, and no comments regarding the public hearing item had been received, verbally or in writing. Mr. Anderson reported this request is to vacate a portion of right of way which had been a portion of Rogers Creek prior to it’s realignment, and that it appears the City Council intended to vacate the subject portion as part of the original approval in 2001.
Jim Miller asked what the proposed portion of right of way to be vacated is. Mayor Stanek stated the portion of land requested to be vacated was part of the original alignment of Rogers Creek Road, and is no longer needed as right of way due to the realignment and reconstruction of that street. Mr. Stanek stated the parcel comprises a portion of approved lots in the Meadowbrook Subdivision.
Kathleen Cross asked the purpose of vacating the right-of-way is. Dale Stanek stated Rogers Creek Road had been realigned to allow the developer to create lots in the immediate area. Jim Miller stated it was closed to make it harder for fire trucks to get through.
Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 7:14 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 7:14 p.m.
Resolution No. 05-1212-31, Vacating Street Right of Way: A Portion of Rogers Creek Road. The City Council discussed concern that the parcel to be vacated includes an outlot intended to provide access to a lot outside the Meadowbrook subdivision, and that the City needs to assure title to the outlot is transferred the owner of that lot. Sturgeon, second by Tharp, moved to approve Resolution No. 05-1212-31, subject to recording the Resolution with the Linn County Recorder immediately before Outlot B, Meadowbrook Subdivision is transferred to the owner of Lot 28, Louis Field Addition. Motion carried – 4 to 0.
Public Hearing re: Proposed Ordinance #184 – Establishing a Stop Intersection at Highland and North. At 7:15 p.m., Sturgeon, second by Banowetz, moved to open a public hearing regarding proposed Ordinance #184 – Establishing a Stop Intersection at Highland and North. Motion carried – 4 to 0. Mayor Stanek declared the public hearing open at 7:15 p.m.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk-Administrator Anderson reported notice had been given pursuant to State Code, and no comments regarding the public hearing item had been received, verbally or in writing. Mayor Stanek reported the proposed ordinance would require east-west bound traffic to stop at the intersection of North and Highland. The proposed stop intersection would replace north-south bound traffic yielding to east-west traffic.
Jim Miller asked why the City would put up two signs if that is the “T” intersection. Mayor Stanek stated the “T” intersection is at North and Knoll Road, and this intersection is currently a yield intersection with traffic from four directions. Mr. Stanek reported a traffic engineer had reviewed the intersection and recommends the proposed change to require east-west bound traffic to stop at this intersection.
At 7:18 p.m., Sturgeon, second by Meskimen, 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.
Ordinance No. 184 – Establishing a Stop Intersection at North and Highland. Banowetz, second by Meskimen, moved to introduce for approval proposed Ordinance #184 “Establishing a Stop Intersection at North and Highland”, and to place said ordinance on first reading.
Aye: Sturgeon, Banowetz, Tharp, and Meskimen
Nay: None.
Motion carried – 4 to 0.
Banowetz, second by Meskimen, moved to waive the second and third readings of Ordinance #184 “Establishing a Stop Intersection at North and Highland”, pursuant to §380.3, Code of Iowa.
Aye: Sturgeon, Banowetz, Tharp, and Meskimen
Nay: None.
Motion carried – 4 to 0.
Banowetz, second by Meskimen, moved a resolution for final reading and adoption of Ordinance #184 “Establishing a Stop Intersection at North and Highland”.
Aye: Sturgeon, Banowetz, Tharp, and Meskimen
Nay: None.
Motion carried – 4 to 0. Mayor Stanek declared the Ordinance duly adopted.
Concurrence with Finding of Phase I Archaeological Survey for the Proposed Ely Wastewater Treatment Facility and Sanitary Sewer Construction Project. Mayor Stanek reported a Phase I Archaeological Survey had been conducted in order to comply with funding requirements for the Wastewater Treatment project. The report noted an abandoned rail bed that, while being listed as a potential historic resource, “does not appear to have potential to contain historic archaeological resources.” Sturgeon, second by Meskimen, moved to state the City Council concurs with the findings of the November 2005 “Phase I Archaeological Survey for the Proposed Ely Wastewater Treatment Facility and Sanitary Sewer” prepared the Louis Berger Group that no further archaeological investigations are needed for the project. Motion carried – 4 to 0.
Resolution No. 05-1212-32, Scheduling Public Hearing re: Request for Annexation and Designation as R-2 Zoning District – Duane and Connie Kunkel. Clerk-Administrator Anderson reported Duane and Connie Kunkel have requested the City of Ely annex a roughly 21.98 +/- acre parcel into the City, and designate the parcel as an R-2 Multi-Family Residential District. Mr. Anderson stated Mr. and Mrs. Kunkel seek to develop the parcel for multi-family residential use, no more than 4 residential units per structure except for a proposed Assisted Living Facility; and have included proposed limitations on the allowed use of the parcel. Mr. Anderson reported this resolution would schedule a public hearing regarding this request for 7:00 p.m., January 9, 2006. Mayor Stanek and the City Council discussed this matter, including that the parcel subject to the request is part of a total 40 +/- acre parcel. Mayor Stanek stated it would be best for the entire parcel to be annexed to allow the city to plan effectively for both land use and financial impacts.
Sturgeon, second by Tharp, moved to approve Resolution No. 05-1212-32. Motion carried – 4 to 0.
Resolution No. 05-1212-33, Approving FY 06-07 Contract for Law Enforcement Services with Linn County Sheriff’s Office. This resolution would approve a contract with the Linn County Sheriff’s Office under which the Linn County Sheriff’s office would provide 20 hours of patrol, call response and other law enforcement services to the City of Ely at a contract cost of $22.00 per hour. Meskimen, second by Tharp, moved to approve Resolution No. 05-1212-33. Motion carried – 4 to 0.
Resolution No. 05-1212-34, Approving Change Order No. 4 to Contract with Septagon Construction – Community Center/City Hall Remodeling Project. David Dicken, Project Architect for the Community Center/City Hall Remodeling Project reported on progress on the Community Center/City Hall Remodeling Project. Mr. Dicken reported work is likely to be significantly complete around Christmas, and that carpet needs to be installed by December 19th, or it is likely to not be installed until after January 9th due to the carpet vendors other obligations.
Resolution 05-1212-34 would accept Change Order #4 to the City’s contract with Septagon construction for the Community Center/City Hall Remodeling Project, and increase the total contract cost by $790.00. Banowetz, second by Sturgeon, moved to approve Resolution No. 05-1212-34, Accepting Change Order No. 4 to Contract with Septagon Construction – Community Center/City Hall Remodeling Project. Motion failed 2 to 2; Banowetz and Sturgeon in favor, Meskimen and Tharp opposed.
Pay Requests No. 3 and 4, Septagon Construction - Community Center/City Hall Remodeling Project. Banowetz, second by Sturgeon, moved to approve Payment Requests Numbers 3 in the amount of $51,790.00, and 4 in the amount of $48,771.00 under the City’s contract with Septagon Construction for the Community Center/City Hall Remodeling Project. Motion failed – 2 to 2; Banowetz and Sturgeon in favor, Meskimen and Tharp opposed.
Banowetz, second by Sturgeon, moved to approve Payment Request No. 3, in the amount of $51,790.00, under the City’s contract with Septagon Construction. Motion failed - 2 to 2; Banowetz and Sturgeon in favor, Meskimen and Tharp opposed.
Chapter 28E Agreement with Cedar Rapids re: Annexation Boundaries and Water Service, Cedar Rapids Response to Ely’s Request. Mayor Stanek reported Cedar Rapids refused Ely’s request to realign the northern annexation boundary line, and that Cedar Rapids does not agree to Ely’s request regarding the western annexation boundary line and instead seeks to establish that line be established one-half mile closer to Ely. The City Council discussed this matter, including interest from property owners in that area to be annexed into Ely and the need to address Ely’s water system and supply needs.
Sturgeon, second by Tharp, moved to accept the proposed Chapter 28E Agreement with the City of Cedar Rapids regarding Annexation Boundaries and Water Service, as revised per the revisions presented in Cedar Rapids letter of November 30, 2005. Motion failed – 2 to 2; Sturgeon and Tharp in favor, Meskimen and Banowetz opposed.
Resolution No. 05-1212-35 – Scheduling Public Hearing re: Capital Improvements Plan. This resolution would schedule a public hearing regarding the Ely Capital Improvements Plan for 7:00 p.m., January 9, 2006. Tharp, second by Sturgeon, moved to Resolution No. 05-1212-35. Motion carried – 5 to 0. The Mayor and City Council scheduled a workshop meeting to discuss the Capital Improvements Plan and FY 06-07 Budget for 6:00 p.m. January 4, 2006.
Job Descriptions. Meskimen, second by Tharp, moved to approve the Job Descriptions as presented, for the following positions: Clerk/Administrator, Deputy Clerk, Public Works Superintendent, and Water/Sewer Operator. Motion carried – 4 to 0.
Discussion Items. The City Council noted the importance of getting the city’s website online again as soon as possible.
Sturgeon, second by Tharp, moved to adjourn. Motion carried – 4 to 0. The meeting adjourned at 8:45 pm.
Dale Stanek, Mayor
Attest:
Aaron Anderson, Clerk/Administrator