JANUARY 9, 2006

Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Mark Banowetz, John Smith, Kris Tharp and Tom Winkowski; Kevin Meskimen arrived during the meeting Guests included: Jim Miller, Bob Ballantyne, Mary Ballantyne, Keith Schulte, and Millicent Cozzie. A Deputy Sheriff of the Linn County Sheriff’s Department was also in attendance.

Banowetz, second Smith, moved to approve the agenda. Motion carried – 4 to 0.

Tharp, second by Smith, moved to approve the minutes of the December 12, 2005 regular meeting as presented and the December 19 Emergency meeting with the following correction: “Kris Tharp – excused”. Motion carried - 4 to 0.

Clerk-Administrator Anderson reported the Treasurer’s Report for the period ended December 31, 2005 was not complete.

Banowetz, second by Smith, moved to approve payment of all bills listed for January 2006. Motion carried - 4 to 0.

Communications:

The City Council received the following communications:

Minutes of the November 17, 2005 Plan and Zoning Commission meeting.

Ely Historic Preservation Committee

College – Ely – Putnam Fire Department

Brain Engineering requesting extension of public hearing re: Kunkel Annexation and Re-zoning request.

Kevin Meskimen arrived.

Citizen Requests. None

Public Hearing regarding Capital Improvements Plan At 7:15 p.m. Tharp, second by Winkowski, moved to open a public hearing regarding the proposed City of Ely Capital Improvements Plan. Motion carried - 5 to 0. Mayor Stanek declared the public hearing to be open at 7:15 pm. Clerk-Administrator Anderson reported notice published in the Cedar Rapids Gazette and copies of the proposed plan posted. Mr. Anderson reported no comments, verbal or written, were received regarding the proposed Capital Improvements Plan.

Mayor Stanek asked for comments from the public regarding the public hearing item. There was general discussion of the projects shown on the proposed Capital Improvements Plan and the proposed project schedule. Considerable discussion occurred regarding the proposed Dows Street Gateway Entrance project, including whether the plan is to widen the street, when it would be performed, and that the City should get input from businesses in that area. General discussion on the possibility of the City purchasing a vacant lot for a city parking lot, or whether a private entity could purchase it and deed it to the city for a parking area.

Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 7:22 p.m., Tharp, second by Banowetz, moved to close the public hearing. Motion carried – 5 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 7:22 p.m.

Capital Improvements Plan. The City Council discussed the proposed Plan, noting the scheduling as presented and that the draft of the plan shows projects one year sooner than they should be. Tharp, second by Meskimen, moved to approve the 2006 Capital Improvements Plan, with projected project schedule revised as noted above. Motion carried – 5 to 0.

Request for Renewal of Class C On-Premise Liquor & Sunday Sales Permit – Wink’s Tap, Inc., dba Odies, 1650 Dows Street. Clerk-Administrator Anderson reported a request to renew the Class C On-Premise Liquor and Sunday Sales Permit from Wink’s Tap Inc., for Odies at 1650 Dows Street. Mr. Anderson reported the request had been properly and timely filed, all fees paid and the request reviewed by the Linn County Sheriff’s Office who reported no violations of liquor and other relevant laws and regulations. He reported the Sheriff’s Office and City Hall have received complaints from a neighbor of loud noise.

Meskimen, second by Tharp, moved to approve a request to renew the Class C Liquor and Sunday Sales Permit for Wink’s Tap, Inc., dba Odies at 1650 Dows Street. Motion carried – 5 to 0.

Payment Request No. 5, Septagon Construction - Community Center/City Hall Remodeling Project. Banowetz, second by Smith, moved to approve Payment Request Number 5 in the amount of $26,665.00 under the City’s contract with Septagon Construction for the Community Center/City Hall Remodeling Project. Motion failed – 2 to 3; Banowetz and Smith in favor, Meskimen, Tharp and Winkowski opposed.

The City Council discussed specific terms of the City’s contract with Septagon Construction, including but not limited to: partial payment for materials delivered and work completed to date, overall acceptance of work, that the City does is making no statement of acceptance of the quality of work performed until reviewing payment for 95% of project construction, and the City Attorney’s correspondence regarding partial payments under this contract.

Banowetz, second by Smith, moved to approve Payment Request Number 5 in the amount of $26,665.00 under the City’s contract with Septagon Construction for the Community Center/City Hall Remodeling Project. Motion carried – 3 to 2; Banowetz, Smith and Winkowski in favor, Meskimen and Tharp opposed.

Discussion re: Allowing Residential Garage Floor Drains to Connect to City Storm Sewer. The City Council discussed whether floor drains in residential garages should be allowed to connect to a city storm sewer with Aaron Anderson and Keith Schulte. The City Council asked Mr. Anderson to research this question further and report at the next City Council meeting.

Community Center Rental Fee. The City Council discussed the rental fee for the Ely Community Center in light of the pending completion of the Community Center Remodeling Project. Tharp, second by Winkowski, moved to set the Community Center Rental Fee as follows:

One-half day $60.00

Full day $100.00

Cleaning Deposit $25.00. Cleaning Deposit to be returned to renter if the facility is clean and in good shape following their use.

Motion carried – 5 to 0.

Appoint/Renew City Clerk. Tharp, second by Winkowski, moved to renew the appointment of Aaron Anderson as City Clerk, to be consistent with schedule set out in City Code. Motion carried – 5 to 0,

Resolution No. 06-0109-01, Designating Official City Newspaper and Depository of Funds. This resolution would designate the Cedar Rapids Gazette as the City’s official newspaper of record, pursuant to State Code; designate the Solon State Bank-Ely as the City’s official Depository of Funds, and approve Signatory Authority and Agreement with Solon State Bank. Tharp, second by Smith, moved to approve Resolution No. 06-0109-01. Motion carried – 5 to 0.

Schedule Second Budget Workshop. The City Council scheduled a second budget workshop for 6:30 p.m., Monday January 23, in the City Hall Conference Room.

Discussion Items.

Tharp, second by Winkowski, moved to adjourn. Motion carried – 5 to 0. The meeting adjourned at 8:15 pm.

Dale Stanek, Mayor

Attest:

Aaron Anderson, Clerk/Administrator