MARCH 13, 2006

Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Mark Banowetz, John Smith, and Tom Winkowski; Kris Tharp and Kevin Meskimen absent - excused. Guests included: Marie Miller, Jim Miller, Dan Schmidt, Keith Schulte, Luann R Miller, Shirley Worley, Cliff Voelker, Scott Rogers, Cyndy Lackore, Jeff Brunscheen, Bill Grove, Barb Grove, Chuck Stockdale, Jack Stewart, Twila Stewart, Kay Hale, Evan Fitzgerald, Heidi & Dennis Carmer, David Lands, Suresh Ganu, Lori Wilcoxson, Duane Nearad and Ron Andreatta. Deputy Ron Abel of the Linn County Sheriff’s Department also attended.

Banowetz, second Smith, moved to approve the agenda. Motion carried – 3 to 0.

Winkowski, second by Banowetz, moved to approve the minutes of the following City Council meetings: February 13, 2006 regular meeting and February 9, 2006 workshop meetings, as presented. Motion carried - 3 to 0.

Banowetz, second by Smith, to approve the Treasurer’s Report for the period ended February 28, 2006. Motion carried – 3 to 0.

Treasurer’s Report (summary) for the period ended February 28, 2006

	Receipts	Disbursements	Ending Balance
General	$ 15,933.98	$ 55,899.16	$ 111,292.23
Road Use	8,714.69	5,041.08	-4,657.97
TIF Fund	403.69		329,162.41
Debt Service	114.80	2,996.25	6,484.85
Other Projects		339.20	149,972.19
Library Project			3,169.70
Water Utility	13,129.74	2,875.41	78,192.00
Water/Sewer Reserve			25,000.00
Sewer Utility	16,496.13	13,434.94	118,913.65
Sanitary Utility	6,130.32	8,679.26	57,293.27
PR Clearing	4,611.40	4,222.53	2,637.19
	65,434.75	93,487.83	877,864.78

Smith, second by Banowetz, moved to approve payment of bills listed for March 2006. Motion carried – 3 to 0.

Communications:

Deputy Ron Abel of the Linn County Sheriff’s Office presented the Monthly Activity Report.

Citizen Requests. Tom Winkowski, second by Smith, moved to table a request from Darold Landuyt, 1225 Pacific Street, to adjust his water bill. Motion carried 3 to 0.

Public Hearing re: Request for Annexation and Designation as an R-2 Residential District for Parcel Located North of Banner Valley Road and East of Worley Lane – Duane and Connie Kunkel. Dan Schmidt, representing Duane and Connie Kunkel (the applicants) summarized the request, including amount of land included in the request and the proposed use and potential development. Mr. Schmidt stated the applicants have requested Ely annex 21.98 acres which and designate the parcel as an R-2 District, with the following additional restrictions on land use: No mobile homes within the development, all units shall be owner occupied, no apartments will be within the development. Mr. Schmidt stated the applicants seek to develop the parcel in duplex and 4-plex units that would be owner occupied and no rental units included, with roughly 3.5 acres for an Assisted Living Facility, which would need separate approval by the Board of Adjustment.

At 7:12 p.m. Winkowski, second by Smith, moved to open a public hearing regarding a request for annexation and designation as an R-2 district for a roughly 21.98 acre parcel of land north of Banner Valley Road and east of Worley Lane. Motion carried - 3 to 0. Mayor Stanek declared the public hearing to be open at 7:12 pm. Clerk-Administrator Anderson reported notice was published in the Cedar Rapids Gazette, posted and parcel specific notices mailed per City and State Code. Mr. Anderson reported written comments had been received from Keith Schulte and that 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. Suresh Ganu asked what the expected population density is. Dan Schmidt stated they project 240 people on the on the 21.98 acre parcel, with lots evenly divided between 32 duplex units on 16 lots and 64 housing units in 16 4-plex units. Mr. Ganu stated he estimates that would increase traffic by roughly 250 vehicle trips per day, based on 2.5 trips per housing unit per day.

Keith Schulte presented written comments he had sent to Ely City Hall, and stated the following concerns:

o Mr. Schulte stated sanitary sewer was run to the Southbrook subdivision based on capacity to serve 300 homes, and the understanding that property on the north side of Banner Valley Road would be served by a different sewer main. Allowing additional development with this level of density to connect to the Southbrook sewer main that serves Southbrook would cause difficulty. Mr. Schulte stated he was told the land south of Southbrook could not be served by sanitary sewer.

o Mr. Schulte stated he requests the City Council to reconsider designation of Banner Valley Road which was originally designated as an arterial. Mr. Schulte stated Banner Valley Road does not connect to any other major traffic generator, that subdivisions need internal streets because lots are not allowed to access it directly. Mr. Schulte stated Banner Valley Road would be half-paved if residential access had been allowed. He stated it could be made slightly wider and still used as a residential section. Mr. Schulte stated shoulders had been provided for as part of the Southbrook 6^th Addition, and he had constructed the ditch on the south side of Banner Valley Road to protect homes in Southbrook. Mr. Schulte stated it is very important that the flow of Banner Valley Creek remain as it is now. He stated that the residential density of the proposed development makes no sense if Banner Valley Road is not considered an arterial.

o Mr. Schulte stated he believes the residential density of proposed is off scale for this location, but could be appropriate at other locations in Ely.

Mark Banowetz stated he understood the County Engineer has previously reported drainage and design of Banner Valley Road was adequate. Keith Schulte stated the County designs to a farm standard, which is a different standard than the City required for Southbrook.

Suresh Ganu stated he is a new resident of Ely, and that his principle concern with this proposal is the density in the area. Mr. Ganu stated the city should have a traffic engineer evaluate the impact of the proposed development on traffic and traffic patterns, noting that kids already circulate in this area. He stated there are no back roads or alternate routes to divert traffic generated on this property, and Ely would end up with stoplights every 4 houses. Mr. Ganu stated his concern is the traffic pattern that would be generated and safety, and how people will move through Ely with only 2 major streets. Mr. Ganu stated he asks the City Council to please think through the need for development as related to traffic patterns.

Dale Stanek noted the Ely Comprehensive Plan shows Glendale Lane as a north-south connection to Rogers Creek Road. Mr. Stanek noted the Comprehensive Plan includes plans for future east-west roads also. Dale Stanek asked if Mr. Ganu’s concern is the proposed development with higher density residential. Suresh Ganu stated his concern is the proposed residential density and the impact of the related higher traffic, and the ability to maintain Ely’s small community charm.

Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 7:49 p.m., Smith, second by Winkowski, moved to close the public hearing. Motion carried – 3 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 7:49 p.m.

Resolution No. 06-0313-06, Approving Request to Annex a Parcel of Land & Ordinance No. 185, Designating a Parcel of Land as an R-2 Residential District. Banowetz, second by Winkowski, moved to table both items. Motion carried – 3 to 0.

Update on State Street Bridge Replacement Project. Clerk/Administrator Anderson reported on the status of the State Street Bridge Replacement Project, including that IDOT has determined the bridge is to be designed as a rural section rather than urban section as previously proposed; and that he has heard concern with increased traffic through residential areas as the result of detoured traffic during construction. Dale Stanek discussed the detour plan for this project, noting that considerable efforts would be taken to keep extra traffic from residential areas during construction, and that that the financial aid for this project is directly related to the need to set the official detour at Wright Brothers Road and the Shueyville Road.

Drainage on Banner Valley Road. Clerk-Administrator Anderson reported receiving correspondence from Duane Kunkel regarding concerns of how surface water drains and drainage is controlled along Banner Valley Road. It was the general consensus of the City Council to authorize Mr. Anderson to investigate into this matter further and report at future meetings.

Public Hearing re: Proposed Amendments to the Text of the Ely Zoning Ordinance. At 7:41 p.m. Winkowski, second by Smith, moved to open a public hearing regarding proposed Ordinance No. 187, Amending the Text of the Ely Zoning Ordinance. Motion carried - 3 to 0. Mayor Stanek declared the public hearing to be open at 7:41 pm. Clerk-Administrator Anderson reported notice published in the Cedar Rapids Gazette and copies of the proposed ordinance posted per City and State Code. Mr. Anderson reported no comments, verbal or written, were received regarding the proposed Ordinance.

Mayor Stanek asked for comments from the public regarding the public hearing item. Jim Miller asked what the purpose of the proposed ordinance is. Dale Stanek stated the proposed ordinance would mainly establish a zoning district specifically for mobile home parks and sets out standards for this activity. Mr. Miller stated he understands the City does not allow mobile homes. Aaron Anderson stated the Iowa State Code does not allow a city to prohibit a properly built mobile home from being located on a lot in a residential district, if it meets setback standards and is placed on a permanent foundation.

Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 7:45 p.m., Smith, second by Winkowski, moved to close the public hearing. Motion carried – 3 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 7:45 p.m.

Ordinance No. 187, Amending the Text of the Ely Zoning Ordinance. Banowetz, second by Smith, moved to introduce for approval Ordinance #187, “An Ordinance Amending the Text of the Ely Zoning Ordinance”, and to place said ordinance on first reading.

Aye: Banowetz, Smith, Winkowski

Nay: None.

Motion carried – 3 to 0.

Winkowski, second by Smith, moved to waive the second and third readings of “Ordinance #187, “An Ordinance Amending the Text of the Ely Zoning Ordinance”, pursuant to §380.3, Code of Iowa.

Aye: Banowetz, Smith, Winkowski

Nay: None.

Motion carried – 3 to 0.

Winkowski, second by Smith, moved a resolution for final reading and adoption of Ordinance #187, “An Ordinance Amending the Text of the Ely Zoning Ordinance”,

Aye: Banowetz, Smith, Winkowski

Nay: None.

Motion carried – 3 to 0.

Public Hearing re: Proposed FY 06-07 Budget and Property Tax Levy. At 7:48 p.m. Banowetz, second by Winkowski, moved to open a public hearing regarding the proposed FY 2006-07 Budget and Property Tax Levy. Motion carried - 3 to 0. Mayor Stanek declared the public hearing to be open at 7:48 pm. Clerk-Administrator Anderson reported notice published in the Cedar Rapids Gazette and copies of the proposed budget and tax levy posted per City and State Code. Mr. Anderson reported no comments, verbal or written, were received regarding the proposed budget and levy rate.

Clerk-Administrator Anderson summarized budget information, and reported the proposed property tax levy is just slightly lower than for 2005-06.

Resolution No. 06-0313-07, Approving FY 2006-07 Budget and Property Tax Levy. Smith, second by Banowetz, moved to approve Resolution No. 06-0313-07.

Aye: Banowetz, Smith, Winkowski

Nay: None.

Motion carried – 3 to 0.

Schedule Public Hearing re: Request to Vacate Portions of Right-of-Way – Meadowbrook Subdivision, Residential Solutions LLC/Jack & Paul Stewart. Clerk/Administrator Anderson reported Paul and Jack Stewart, of Residential Solutions LLC, have requested the City vacate previously unidentified right of way along the former alignment of Rogers Creek Road, and a portion of right of way on the east side of Jappa Road, and have requested a public hearing be scheduled regarding that request pursuant to State Code. Anderson reported Shive Hattery has verified the survey information as directed at the February meeting. There was general discussion regarding this situation and the procedure to be followed among the City Council and members of the audience.

Banowetz, second by Smith, moved to schedule a public hearing regarding a request to vacate portions of right of way pursuant to a request from Residential Solutions LLC/Paul & Jack Stewart for 7:00 pm., April 10, 2006. Motion carried – 3 to 0.

Payment Request No. 7 – Final Payment Under Contract, Septagon Construction – Community Center/City Hall Remodeling Project. Clerk-Administrator Anderson reported Septagon Construction has presented Payment Request No. 7 for final payment under the City’s contract for construction of the Community Center/City Hall Remodeling Project in the amount of $14,800.00. Project Architect David Dicken reported the request was properly filed and work completed consistent with the contract. Anderson reported lien waivers had been received from nearly all subcontractors for the project. Banowetz, second by Winkowski, moved to authorize payment of Payment Request No. 7 in the amount of $14,800.00 to Septagon Construction as Final Payment under the City’s contract for the Community Center/City Hall project on March 31, 2006. Motion carried – 3 to 0.

Authorize Initiating Process to Hire Deputy Clerk. Clerk-Administrator Anderson reported that Deputy Clerk Cindy Rush has stated that she anticipates moving from the Ely area in the near future. It was the general consensus of the City Council to authorize Anderson to begin the process to hire a Deputy Clerk.

Request ECICOG Prepare Scope of Services for “Fringe Area Land Use Plan” in cooperation with Linn County Planning and Development. Smith, second by Winkowski, moved to request the East Central Iowa Council of Governments (ECICOG) to prepare a scope of services and proposed cost to prepare a “City/County Strategic Growth Plan and Agreement” as a cooperative project with Linn County Planning and Development. Motion carried – 3 to 0.

Water and Sewer Access and Trunk Fees. Banowetz, second by Winkowski, moved to table this item until the next regular meeting. Motion carried – 3 to 0.

Discussion Items. None

Smith, second by Winkowski, moved to adjourn. Motion carried – 3 to 0. The meeting adjourned at 8:12 pm.

Dale Stanek, Mayor

Attest:

Aaron Anderson, Clerk/Administrator