ELY CITY COUNCIL

REGULAR MEETING

NOVEMBER 14, 2005

Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Kris Tharp, John Smith, Don Sturgeon, Kevin Meskimen and Mark Banowetz. Also present: Ed Brinton and Cary Selberg of MMS Consulting. Guests included: Maria Miller, Deanna Heintz, Don Grisham, Ted Fries, Chuck Stockdale, Aaron Cooper, Tom Winkowski, Randy Zbanek, Juan Trevino, Linda Landuyt, Duane Kunkel, Chet Hendrickson, Bob Ballantyne, Jim Miller, and Joe Vavra.

Banowetz, second Sturgeon, moved to approve the agenda. Motion carried – 5 to 0.

Sturgeon, second by Banowetz, moved to approve the minutes of the October 10, 2005 regular meeting. Motion carried – 5 to 0.

Tharp, second by Sturgeon, moved to accept the Treasurer’s Report for the period ended October 31, 2005. Motion carried – 5 to 0.

Treasurer’s Report (summary) for the period ended October 31, 2005

	Receipts	Disbursements	Ending Balance
General	109,612.04	117,624.47	237,456.21
Road Use	9,102.88	6,883.04	-1,181.03
TIF Fund	71,847.37		308,319.15
Debt Service	24,283.30		24,33502
Other Projects	454.00		161,672.39
Library Project	0	0	3,169.70
Water Utility	12,299.51	6,545.04	44,816.17
Water/Sewer Reserve	0	0	25.000
Sewer Utility	14,577.51	17,409.75	118,915.99
Sanitary Utility	5,560.25	8,754.35	50,532.15
PR Clearing	4,363.05	6,392.95	5,012.96
	249,099.91	163,609.60	978,048.71

Smith, second by Sturgeon, moved to approve payment of the bills listed for November 2005. Motion carried - 5 to 0.

Communications:

The City Council received minutes of the October 19, 2005 Plan and Zoning Commission meeting and the October 25, 2005 Board of Adjustment meeting.

Deputy J. Peshek of the Linn County Sheriff’s Department presented the monthly report from the Linn County Sheriff’s Department.

Citizen Requests. - None

Public Hearing regarding Proposed Chapter 28E Agreement with City of Cedar Rapids re: Purchase of Water and Future Annexation Boundaries. Ed Brinton, City Engineer with MMS Consultants presented information regarding the city’s water system and the proposed agreement, including: condition of existing facilities, water system capacities, fire flows, and water system pressure. Mayor Stanek discussed the proposed annexation boundaries as shown in the draft agreement. There was considerable discussion regarding these items.

At 7:45 p.m., Sturgeon, second by Banowetz, moved to open a public hearing regarding a proposed Chapter 28E Agreement with the City of Cedar Rapids regarding purchase of water from Cedar Rapids and the establishment of future annexation boundaries. Motion carried 5 to 0. Mayor Stanek declared the public hearing to be open at 7:45 pm.

Mayor Stanek asked for comments from the public regarding the public hearing item. Bob Ballantyne asked what happens after the termination/development period ends, and when is Ely going to need additional pipeline to bring water if Ely accepts the agreement with Cedar Rapids. Ed Brinton stated it is critical for Ely to build a water tower, or increase storage capacity; he has never worked with a city with such a small water tower that runs out so often. Mr. Brinton stated it would be nice to have a redundant water line, though the cost for a redundant line would be very high. He stated he is not able to answer when Ely would need additional water supply pipe. Mr. Brinton stated he believes Cedar Rapids wants to become a regional water supplier, and sees Ely as only the only city in the immediate area that would need water from Cedar Rapids, and with the money to make it happen.

Bob Ballantyne asked how much it would cost to build a second supply main from Cedar Rapids to Ely. Aaron Anderson stated roughly $500,000 to $660,000. Ed Brinton stated you would never put two supply pipes in the same trench, and estimated a second supply main would cost $1 million. Mr. Ballantyne asked how long Ely would be without water if the supply line from Cedar Rapids ruptures. Mr. Brinton stated Ely would probably need one to three hours to get the city’s wells online, and would be without water for most of that time. Terry Smith stated the City would not be have the money to keep it’s own wells online as backup. Mr. Brinton stated the city would have enough money for that purpose.

Aaron Cooper stated water system upgrades would be designed for 5,000 people, and wastewater treatment upgrades for 3,000 people, and asked if the City could save money by sizing water system upgrades for a population of 3,000. Ed Brinton stated water system upgrades for a population of 3,000 would be less than for a population of 5,000, the proposed upgrades were estimated “fat” because it is more cost effective to oversize pipe for additional capacity than to install additional pipe later.

Aaron Cooper stated if Ely is still looking at serving it’s own water needs, he doesn’t see the cost for mains in the engineering estimates. Ed Brinton stated Ely is in a unique situation because it has a very small water tank and that Cedar Rapids was suspicious of Ely’s future plans because Ely wanted such a large increase in water capacity/tank size. Mr. Cooper asked if Ely would be responsible for subdivision review for properties within its annexation boundaries. Aaron Anderson stated Ely would be responsible for reviewing subdivisions within it’s annexation boundaries under the proposed agreement, but Ely’s review would not extend to the full two miles outside city limits, where the annexation boundaries are less than two miles from Ely’s city limits.

A gentleman asked if Ely is talking about doing three wells if they don’t connect to Cedar Rapids. Dale Stanek stated Ely now uses two wells. The gentleman asked if well #2 has high iron content. Mr. Stanek stated it does. The gentleman asked if well #2 is not used all the time to full capacity. Mr. Stanek stated that is correct. The gentleman asked if Ely would need two tanks if not connected to Cedar Rapids. Ed Brinton stated one option would be to build one higher water tower for good water pressure to higher properties. The gentleman asked if the city could cut costs by building a single tower and only treating out iron. Mr. Brinton stated Ely would run the risk of the third well having high iron content. Cary Solberg, with MMS Consultants, stated that Ely would eventually need a third well and treatment to keep up with growth and development.

Mark Kross stated well #2 would help meet the city’s current needs and that Ely does not need a third well right away. Ed Brinton stated Ely could creep to the City’s overall water system solution.

Randy Zbanek, Chief of the Ely Volunteer Fire Department, stated both options would work to provide adequate fire flow. He stated the annexation boundaries really bother him; the boundary line to the north is on a ridgeline and is very uneven, which would cause big problems for the Fire Departments who would respond to fight fires in that area. Mr. Zbanek stated the uneven boundary line would make it very difficult to determine which department is responsible for fighting fires in the area.

A gentleman asked why Ely is rushing into this right now, is it because of concern that the next Cedar Rapids City Council won’t approve the agreement?

Kris Tharp asked why the north boundary line is along a ridge. Dale Stanek stated Cedar Rapids proposed the north boundary line to keep from having to pump wastewater uphill.

A gentleman stated state law sets out fire department response time requirements and that Cedar Rapids was not able to meet the state’s response time standard. Dale Stanek stated the Ely Fire Department would still serve us.

Terry Smith stated he has a list of questions he would like answers for. Dale Stanek stated he has seen the list and asked Mr. Smith to limit his questions to his top few. Mr. Smith stated he wants to ask all his questions because he has asked before and not gotten answers to all of them. Mr. Stanek told Mr. Smith to go ahead and read his entire list. Mr. Smith read a list of questions and provided a copy to the City.

Terry Smith asked if the City Council would bring this matter to a vote of the citizens of Ely to be sure of a majority of the residents view on the matter. Don Sturgeon stated we have an engineering expert who can answer a lot of Mr. Smith’s questions. Mr. Smith stated that this information has not gotten to the citizens and that Mr. Brinton, as the City’s consulting engineer, should be a fact finder and not an advocate. Mr. Sturgeon stated we have been looking at this for years and that Mr. Brinton has researched options and presented advantages and disadvantages to the City Council for years. Kris Tharp stated it is unfair to put Ed Brinton in the middle of this. Ms Tharp stated Mr. Brinton does not gain from either way the City Council might decide.

Terry Smith stated he saw on television that water is going to become very expensive in the future and that water companies are a good investment. Mr. Smith stated he doesn’t believe Ely won’t be able to produce water at a reasonable rate in 10 years.

Chuck Stockdale asked if the City is replacing or adding a third well, and if filtration would be enough to use well #2 to full capacity. He asked how long we would have enough capacity if we added filtration and a storage tank. Mr. Stockdale asked if we would be able to work with Solon, Shueyville and other area communities if we have ten years to negotiate, instead of connecting to Cedar Rapids. Ed Brinton stated well #1 is 50 years old and has been updated to extend it’s useful life, well #2 was built in 1992, and that he does not know if a future well #3 would need filtration. Cary Solberg asked how long Ely would have for growth if filtration was added to well #2. Mr. Stockdale stated Ely could work with Swisher or Shueyville. Mr. Brinton stated the water tower is still the main concern and that Swisher has turned down this kind of thing for years.

Mark Banowetz stated the City has tried to buy land for a water tower in the past, and wasn’t able to get it.

Ted Freese asked if by establishing annexation boundaries, this agreement would have value because Ely would not have to fight with Cedar Rapids, Hiawatha. etc. Mr. Freese asked if the ridgeline is a critical consideration in this process. Dale Stanek stated the agreement would allow Ely some breathing room, and that the ridgeline does seem to be a critical issue.

A lady stated that if you sign this agreement with Cedar Rapids it is done, there won’t be any renegotiating with Cedar Rapids, and that Ely will be fit to be tied if try to grow. Dale Stanek stated Cedar Rapids is growing to the south faster than Ely is growing to the north, and that Cedar Rapids is closer to the north/south boundary line than Ely is.

Terry Smith asked how the two-mile limit relates to this agreement. Dale Stanek stated the agreement would supersede the two-mile limit. A gentleman stated when Cedar Rapids gets to a point where they have reached the original two-mile limit; they can advance another two miles. Dale Stanek asked if that was so whether there was an annexation boundary agreement between the two cities or not. The gentleman stated it seems to be both, and that it’s a question that needs to be answered carefully before accepting the agreement.

Duane Kunkel stated one would think the golf course raises a lot of local option sales tax. Dale Stanek stated he knows the property value at the golf course is $375,000, but does not know sales tax proceeds. Mr. Kunkel asked what happens if the golf course wants to be annexed by Ely and there is no agreement in place. Mr. Stanek stated that would have to go the City Development Board. Mr. Kunkel asked if the golf course is 2 miles from Ely. Mr. Stanek stated it is less than 2 miles from Ely.

Duane Kunkel asked if the cost estimates include the cost of land for wells. Ed Brinton stated they did. Mr. Kunkel asked how much was included in the estimate for two or three acres. Mr. Brinton stated he could not remember the exact amount. Mr. Kunkel asked if the City could effectively fight fires with well #2 and well #1 both running. Mr. Brinton stated a fire could be fought for a short time with both wells running, but it would not take long to empty the water tower at fire flow rates. Mr. Brinton stated it is a very small tower and he has never worked with a town where the tower goes empty as often as in Ely.

Chuck Stockdale asked if the proposal is for one or two water towers. Ed Brinton stated the proposal is to build a new larger tower on top of the hill by Tom Tjelmeland’s house. Mr. Stockdale asked how big the tower would be and how long until it needs to be done. Mr. Brinton stated Ely doesn’t have to do it today, and could creep to the overall solution over several years.

Randy Zbanek stated that with either option the city would need more large diameter water mains. Ed Brinton agreed. A gentleman asked if Ely would still need another water tank if we connect with Cedar Rapids. Mr. Brinton stated another option would be to connect to Cedar Rapids with an 8” main and build a larger water tower, and stated he did not investigate this option.

Mayor Stanek asked for additional comments from the public, none were presented.

Tharp, second by Meskimen, moved to close the public hearing at 8:30 p.m. Motion carried – 5 to 0. Mayor Stanek declared the public hearing closed and the meeting in regular session at 8:30 p.m.

Resolution No. 05-1114-26, Approving a Chapter 28E Agreement with Cedar Rapids re: Purchase of Water and Future Annexation Boundaries. Meskimen, second by Banowetz, moved to table Resolution No. 05-1114-26 to allow the City of Cedar Rapids to consider the following proposed revisions to the draft agreement:

· Revise the “hard” East-West Boundary so that it runs along “C Street”, with the actual boundary for future corporate limits to be the middle of “C Street”.

· Revise the North-South annexation boundary so that it runs along section or quarter section lines more or less along Prairie School Road from the intersection of Ely Road.

· Revise Section 5 “Public Improvements Standards” as follows: “The City of Ely hereby agrees to adopt, as soon as possible, development standards for water, sanitary sewer, storm sewer, drainage facilities, and streets/sidewalks that are consistent with the Cedar Rapids Metro Area Design Standards Manual which would apply only to subdivisions, projects or construction initiated after the effective date of Ely’s adoption of said standards. The Manual is attached hereto as Exhibit E.”

Motion carried – 5 to 0.

Resolution No. 05-1114-27, Approving Bulk Water Purchase Agreement with City of Cedar Rapids. Smith, second by Banowetz, moved to table Resolution No. 05-1114-27. Motion carried – 5 to 0.

Public Hearing re: Proposed Ordinance No. 183, Amending the Text of the Ely Zoning Ordinance. At 8:40 p.m., Meskimen, second by Tharp, moved to introduce, place on first reading and open a public hearing regarding proposed Ordinance No. 183, Amending the Text of the Ely Zoning Ordinance. Motion carried 5 to 0. Mayor Stanek declared the public hearing to be open at 8:40 pm. Clerk-Administrator Anderson read the title of the proposed ordinance and summarized it’s content.

Mayor Stanek asked for comments from the public regarding the public hearing item. Chet Hendrickson, Chair of the Plan and Zoning Commission, stated the proposed ordinance includes replacing a definition to be consistent with the rest of the ordinance, addition of “Assisted Living Facility” as a special exception use in R-2 districts, and adds or updates definitions related to mobile homes and mobile home parks.

Mayor Stanek asked for additional comments from the public, none were presented. At 8:45 p.m. Sturgeon, second by Tharp moved to close the public hearing. Motion carried – 5 to 0. Mayor Stanek declared the public hearing closed and the meeting in regular session at 8:45 p.m.

Ordinance No. 183 – Amending the Text of the Ely Zoning Ordinance. Sturgeon, second by Meskimen, moved to waive the second and third readings of Ordinance #183, “An Ordinance Amending the Text of the Ely Zoning Ordinance”, pursuant to §380.3, Code of Iowa.

Aye: Smith, Sturgeon, Banowetz, Tharp, and Meskimen

Nay: None.

Motion carried – 5 to 0.

Sturgeon, second by Meskimen, moved a resolution for final reading and adoption of Ordinance # 183, “An Ordinance Amending the Text of the Ely Zoning Ordinance”, pursuant to §380.3, Code of Iowa.

Aye: Smith, Sturgeon, Banowetz, Tharp, and Meskimen

Nay: None.

Motion carried – 5 to 0.

Engineer’s Report – Ed Brinton, MMS Consultants. Ed Brinton reported on the status of the City’s wastewater treatment plant project, noting the Iowa Department of Natural Resources (IDNR) has approved the site for the treatment plant, and the “Basis of Design” report has been forwarded to IDNR, a copy is available from the Clerk/Administrator. Mr. Brinton noted progress is roughly 2 months behind schedule mainly because site approval took noticeably longer than expected.

Resolution No. 05-1114-28, Accepting Proposal to Prepare Feasibility Report re: Wastewater Treatment Facility Upgrades – MSA Consultants. Jason Miller, representing MSA Consultants, presented a proposal to prepare a Feasibility Report to evaluate options for the city’s wastewater treatment needs. Mr. Miller reported he was not aware the City had a contract for engineering services to design a wastewater treatment facility with MMS Consultants. Mr. Miller’s summarized the information the Feasibility Report would provide, and noted the report would review and analyze options related to Ely’s wastewater treatment needs. Mr. Miller reported the proposed cost of preparing the report would be $5,000.00. Tharp moved to approve Resolution No. 05-1114-28; the motion did not receive a second. Mayor Stanek declared the motion died for lack of a second.

Resolution No. 05-1010-29, Accepting Change Order No. 3 to Contract with Septagon Construction – Community Center/City Hall Remodeling Project. This resolution would accept Change Order #3 to the City’s contract with Septagon construction for the Community Center/City Hall Remodeling Project, and increase the total contract cost by $5,275.00. Banowetz, second by Sturgeon, moved to approve Resolution No. 05-1010-23, Accepting Change Order No. 3 to Contract with Septagon Construction – Community Center/City Hall Remodeling Project. Motion carried – 3 to 2, Meskimen and Tharp opposed.

Pay Request No. 3, Septagon Construction – Community Center/City Hall Remodeling Project. Meskimen, second by Sturgeon, moved to table Pay Request No. 3 under the cities contract with Septagon Construction for the Community Center/City Hall Remodeling project until the December meeting due to insufficient progress on the project. Motion carried – 5 to 0.

Capital Improvements Plan. Mayor Stanek reported drafting a Capital Improvements Plan, and discussed possible capital projects to include in the plan with the City Council. Items discussed to be included on the plan include: a compost/yard waste area, water main upgrades as discussed by Ed Brinton, Rogers Creek sewer upgrades, developing Ely City Park, and Highland Street Improvements.

Traffic Control at Intersection of North and Highland. Tharp, second by Meskimen, moved to schedule a public hearing regarding an ordinance to establish a stop intersection at the intersection of North and Highland for December 12, 2005. Motion carried – 5 to 0.

Resolution No. 05-1114-30, Scheduling Public Hearing re: Request to Vacate Right of Way. This resolution would schedule a public hearing regarding a request to vacate a portion of unused right of way for December 12, 2005. Clerk-Administrator Anderson reported Paul Stewart has requested a portion of unused right of way that was formerly a portion of Rogers Creek Road be vacated. The City has previously vacated the majority of Rogers Creek Road, but this parcel of right of way was apparently inadvertently not included. Meskimen, second by Banowetz, moved to approve Resolution No. 05-1114-30, Scheduling Public Hearing re: Request to Vacate Right of Way. Motion carried – 5 to 0.

Request to Authorize 4^th of July Fireworks Display – Ely Parks & Recreation Committee. Clerk-Administrator Anderson reported the Park and Recreation Committee seeks to perform a 4^th of July fireworks display, and is seeking approval from the City Council. Anderson reported he is researching insurance and liability information related to this activity, and that a member of the Park Committee is licensed to conduct fireworks displays. It was the consensus of the City Council for the Parks Committee to coordinate with Fire Chief Randy Zbanek. Meskimen, second by Smith, moved to table this matter for more information regarding insurance and liability. Motion carried – 5 to 0.

Resignation from Plan and Zoning Commission – Bonnie Levien. Mayor Stanek reported Bonnie Levien has submitted her resignation from the Plan and Zoning Commission. Banowetz, second by Tharp, moved to accept Bonnie Levien’s resignation from the Plan and Zoning Commission. Motion carried – 5 to 0.

Mark Banowetz stated his appreciation to Ms Levien for her time, dedication and commitment to the City and the Plan and Zoning Commission.

Job Descriptions. The City Council reviewed draft job descriptions for consideration at the December meeting.

Discussion Items. None

Tharp, second by Sturgeon, moved to adjourn. Motion carried – 5 to 0. The meeting adjourned at 9:38 pm.

Dale Stanek, Mayor

Attest:

Aaron Anderson, Clerk/Administrator