ELY CITY COUNCIL

ELY CITY COUNCIL

SPECIAL MEETING

DECEMBER 29, 1999

Meeting called to order at 7:00 p.m. by Mayor Thomas M. Tjelmeland. Present. Don Sturgeon, Karl Schmidt, Al Tjelmeland, Frank Joens (arrived 8:43 p.m.) Excused: Juan Trevino. Guests: Jerry & Dave Koss, Keith Schulte.

Motion by Schmidt, seconded by Sturgeon, to approve agenda as posted. Motion carried

Swearing In Ceremony

City Clerk swore in Mayor Tjelmeland to four year term as Mayor, Al Tjelmeland and Karl Schmidt for four year term as Council Members and Don Sturgeon for two year term as Council Member.

Motion by A. Tjelmeland, seconded by Schmidt to appoint Roberta A. Hamdorf for two year term as City Clerk. Motion carried.

Mayor Tjelmeland swore Roberta Hamdorf in as City Clerk.

Resolution considering Final Plat Northgate Third Addition

RESOLUTION NO. 99-1229-67: Resolved by Schmidt, seconded by A. Tjelmeland, to approve Final Plat of Northgate Third Addition containing one lot.

AYE: Sturgeon, Schmidt, A. Tjelmalend

NAY: none

Resolution adopted.

Resolution considering Revised Final Plat – Louis Field Third Addition

Discussion held on Revised Final Plat of Louis Field Third Addition. Preliminary Plat of the Fourth Addition was reviewed as there was some concern that there could be some conflicts. Council determined that if any changes were needed they could be made when addressing the Final Plat for the Fourth Addition.

RESOLUTION NO. 99-1229-68: Resolved by Sturgeon, seconded by Schmidt, to approve Revised Final Plat for Louis Field Third Addition containing twenty four lots.

AYE: Schmidt, A. Tjelmeland, Sturgeon

NAY: none

Resolution adopted.

Resolution accepting easement – Estes for Poplar Street Improvements

Discussion held on waiving Poplar Street assessments for two lots owned by Estes in exchange for them granting easement to complete the project. Council determined that this was in the best interest of the City.

RESOLUTION NO. 99-1229-69: Resolved by Schmidt, seconded by A. Tjelmeland, to approve easement agreement with James and Ruth Estes for Poplar Street Improvement in exchange for waiving of assessments on two lots owned by Estes.

AYE: Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Ely City Council -2- December 29, 1999

Budget 2001 - Worksession

Work Session was held on FY2001 budget.

Motion by Schmidt, seconded by Joens, to adjourn. Motion carried. Meeting adjourned, 9:28 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

DECEMBER 13, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas Tjelmeland. Present: Joens, A. Tjelmeland, Schmidt, Sturgeon, Trevino. Guests: Don Zeller, Carl Kohls, Rik Haendler, Mark Logan, Ed Brinton, Jim Lynch, J. Marty Fritz, Gail McRoberts, David & Gerald Koss, Charlie Pribble.

Agenda was revised to remove duplicate agenda item and to review a letter from Keith Schulte and Gov. Vilsack. Motion by Schmidt, seconded by Joens, to approve agenda as revised. Motion carried.

Motion by Trevino, seconded by Joens, to approve minutes of November 8, 1999, as amended. Motion carried.

Motion by Schmidt, seconded by A. Tjelmeland, to approve payment of submitted bills. Motion carried.

Motion by Sturgeon, seconded by Joens, to place October, 1999 Treasurer's report on file. Motion carried.

FUNDREVENUESEXPENDITURESGENERAL FUND28,242.7547,671.02ROAD USE31,590.2324,836.50DEBT SERVICE18,727.97TIF FUND25,231.69SANITARY UTILITY3,539.0043.14STREET PROJECT26,354.00FIRESTATION PROJ135.00WATER UTILITY41,548.582,819.46SEWER UTILITY5,691.455,317.58Sanitation Proposals

Two bids received for sanitation services and they are identical. Discussion held on how to handle the contract under these circumstances. Waste Management of Iowa has recently purchased Freiburger and since the City of Ely has received excellent service from Freiburger and the cost is remaining the same, the Council was not anxious to change to another service.

Motion by A. Tjelmeland, seconded by Schmidt, for City of Ely to stay with Waste Management of Iowa for Sanitation Services and authorize Mayor and City Clerk to enter into agreement on behalf of the City for services through December 31, 2001. Motion carried.

Proposal for Sheriff services

Mayor and Sheriff Zeller have been discussing expanding Sheriff protection in Ely. Sheriff’s Dept is interested in establishing a substation in Ely and the City would like to expand current contract. Twenty-one hours a week has been suggested. It may not be an ideal number, but it is the number of hours that Sheriff’s Department can support without adding staff. Karl Schmidt agreed that he would like the City to steer away from establishing our own police staff and pursue this extend Sheriff Dept. contact. Major Kohl’s and Sheriff Zeller discussed interest in having Community-based Police services. Mayor Tjelmeland explained budget constraints. Juan Trevino and Lt. Haendler of the Sheriff’s Dept. work to explore options and report back to Council with recommendations

Proposal for Snow Removal services None received.

Ely City Council -2- December 13, 1999

Resolution accepting improvements - Louis Field 3^rd Addition

Mayor gave update on status of sewer lines in Louis Field Addition. Because of the problems that are not yet resolved, Ed Brinton is hesitant to advise City to accept improvements. The letter of credit can be released without accepting improvements.

RESOLUTION NO. 99-1213-62: Resolved by A. Tjelmeland, seconded by Schmidt, to release letter of credit for Louis Field Third Addition.

AYE: Joens, Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted

Pressure testing of sewer lines in the Third Addition is not completed. The City will cooperate with contractors to get this testing completed.

Resolution accepting improvements – Hillside 6^th Addition

RESOLUTION NO. 99-1213-63: Resolved by Sturgeon, seconded by Joens, to accept improvements in Hillside 6^th Addition subject to establishing an escrow account in the amount of $1,950 which will be closed upon completion of repairs as stated in proposal submitted by Cedar Valley Asphalt and dated 12/6/99 which is signed by George R. and Marcelle L. Smith.

AYE: Sturgeon, Schmidt, A. Tjelmeland, Trevino, Joens.

NAY: none

Resolution adopted.

Resolution accepting the 1998 Water main Extensions, together with related work

RESOLUTION NO. 99-1213-64: Resolved by A. Tjelmeland, seconded by Schmidt, to accept and approve public improvements generally described as the 1998 Water Main Extensions at a total construction cost of $95,848.22.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino, Joens.

NAY: none

Resolution adopted.

Dows/Poplar Street Project

Easements from Lint’s for Poplar Street improvements are ready for acceptance. Mayor has discussed easements with Estes and they have requested to have their assessments waived in exchange for the easements.

Motion by Joens, seconded by A. Tjelmeland, to offer Estes to remove assessments on Lot 12 in exchange for easement. Motion carried.

RESOLUTION NO. 99-1213-65: Resolved by Schmidt, seconded by Joens, to accept easements from Lint’s for Poplar Street Improvements.

AYE: Schmidt, A. Tjelmeland, Sturgeon, Joens, Trevino

NAY: none

Resolution adopted

Ely City Council -3- December 13, 1999

RESOLUTION NO. 99-1213-66: Resolved by Schmidt, seconded by Sturgeon, to award contract for Dows and Poplar Street Project to Cedar Valley Asphalt at an approved estimated contract cost of $135,571.57.

AYE: Joens, Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Frank Joens was excused from meeting at 9:50 p.m.

Wastewater Treatment Progress Report

Ed Brinton introduced Mark Logan as a member of MMS and briefly reviewed the Progress Report Council received with their agenda. Sludge removal from lagoon is not going to happen this fall. Cost will not go up and if done in spring, may even be less.

Consideration of City Truck and Loader and Community Center Sign and related electrical

wiring

Clerk gave brief update on proposal for new sign at Community Center.

Motion by Schmidt, seconded by Trevino, to table further action on the City truck and Community Center sign until next meeting. Motion carried.

Set date for Budget Workshop

Mayor set December 29, 1999 at 7:00 p.m. as date for special meeting to work on budget.

City Survey

City Survey was discussed. Mayor has tabulated all returned surveys and a summary will be available in the library.

Letters from Schulte Development and Gov. Vilsack reviewed. Al Tjelmeland will try to attend meeting in Des Moines as requested by Gov. Vilsack.

Motion by Schmidt, seconded by Trevino, to adjourn. Meeting adjourned, 10:44 p.m.

___________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_________________________________

Roberta A. Hamdorf, City Clerk

Liquor and Cigarette Permit approval for Odie's

Kristine and Tom Duffy, Terry Orris and Kristy Kindle introduced themselves and informed Council they have purchased the building occupied by Hitch'in Rail and will be opening on November 19, 1999 as "Odie's". They have submitted required paper work for the Liquor Permit and Cigarette permit.

Motion by Schmidt, seconded by A. Tjelmeland, to approve liquor permit for Odie's. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to issue a Cigarette Permit to Odie's. Motion carried.

Wastewater Treatment Progress Report

Representatives of the American Legion addressed the City Council about the need to educate the next generation about proper support of the American Flag. The Legion is available for any ceremonies where posting the flag is desired. They also would like to see a policy established within the next 6 months on displaying of the Flag. Mayor said he would like the Legion to appoint someone to work with City to put a plan together. A. Tjelmeland will act as a liaison for this project.

Ed Brinton gave update on Lagoon project. The building is up and Gary Whittom is moving supplies and materials in. E & J Electrical have submitted a proposal for electrical work. Sludge removal cannot be done by Iowa Grow without removing the baffle. Ed recommended that Council change the Contract to Nutri Ject in the amount of $63,500 which is about $4000 higher. Frank Joens asked if it might be in the City's best interest to spend the extra $7500 for a new baffle curtain at this time. Ed Brinton explained that would be a possibility, but the present curtain still has a number of years of wear left and he has been trying to obtain the needed contractors and doing so at the lowest possible cost. There are a great many things that need to be done and they are all costly.

Ely City Council -2- November 8, 1999

Juan Trevino asked about the contaminant concerns of sludge on land that would be used by humans. Ed Brinton explained that DNR approves the placement. City of Ely's sludge does not contain heavy metals and we do not do the placement on an annual basis. Heavy metals and annual placement might create some concerns, but without those two factors, there is little reason for concern. The City of Ely will work with owner of land to determine where to place this to further decrease any cause for concern. The City will also check into posting warning signs.

Motion by A. Tjelmeland, seconded by Schmidt, to approve signing of contract with Nutri-Ject for sludge removal. Motion carried.

ABS vs. concrete pipe for storm sewer.

Discussion held on ABS vs. concrete storm sewer pipe in the Southbrook Addition. Mayor explained that the City has used ABS pipe for City Projects and knows of no problems that use of this pipe has created. In fact, there are instances where it is actually better than concrete. Keith Schulte presented Council with some informational brochures about ABS pipe. He also explained that correct installation is highly important as reliability of ABS is based on proper installation. Concrete joints can be jeopardized by the suction of water. Keith said they would like to put concrete pipe under the streets and the flexibility to use either ABS or concrete in rest of development.

Motion by A. Tjelmeland, seconded by Joens, to allow ABS storm sewer pipe for developments within the City of Ely. Motion carried.

RESOLUTION NO. 99-1108-61: Resolved by Joens, seconded by A. Tjelmeland, to work with Keith Schulte on putting Storm Sewer along Banner Valley Road.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino, Joens

NAY: none

Resolution adopted.

Sanitation Collection Proposals

Motion by Schmidt, seconded by Joens to direct Clerk to mail Sanitation Proposals, as amended, to interested haulers. Motion carried.

Tax Increment Financing Certification

RESOLUTION NO. 99-1108-60: Resolved by A. Tjelmeland, seconded by Joens, to request 75% of available taxes in the Ely Urban Renewal area be allocated to the City for FY2001.

AYE: Joens, Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Appointments

Motion by Schmidt, seconded by Joens, to approve Mayor's appointments of Kathleen Banowetz to Historical Preservation Commission and Aaron Cooper to Park and Recreation Committee. Motion carried.

Council discussed being available on January 1, 2000, and are aware of the potential problems.

Gary Whittom discussed need to budget for a skid loader, a one ton truck and a new mower. Gary and Al will be pricing this type of equipment.

It was announced that there is a burn ban in effect as of November 5, 1999.

Ely City Council -3- November 8, 1999

Mayor Tjelmeland explained that he is working with Cedar Valley Asphalt in regard to the needed work on Dows Street. Poplar Street will also be done, but we'll need another bid for that street.

Motion by Schmidt, seconded by Trevino, to adjourn. Meeting adjourned, 10:02 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

__________________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

NOVEMBER 8, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas Tjelmeland. Present: Trevino, Joens, A. Tjelmeland, Schmidt, Sturgeon. Guests: Audrey & Vern Yarbrough, Ed Brinton, Keith Schulte, Gary Whittom, Tom Vavra, Tom Hartley, Gary Hoppes, Tom & Kristine Duffy, Terry Orris, Kristy Kindle.

Motion by Sturgeon, seconded by A. Tjelmeland, to approve agenda. Motion carried.

Motion by Trevino, seconded by Joens, to approve minutes of October 4, 1999 and October 21, 1999, as corrected. Motion carried.

Motion by A. Tjelmeland, seconded by Trevino, to approve payment of submitted bills. Motion carried.

Motion by Schmidt, seconded by Joens, to place September, 1999 Treasurer's report on file. Motion carried.

FUNDREVENUESEXPENDITURESGENERAL FUND1,479.0510,001.84ROAD USE5,598.1119,856.91DEBT SERVICE774.46TIF FUND2,268.53SANITARY UTILITY3,539.0043.14WATER UTILITY36,699.026,880.68SEWER UTILITY6,520.203,227.45

Liquor and Cigarette Permit approval for Odie's

Motion by Schmidt, seconded by A. Tjelmeland, to approve liquor permit for Odie's. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to issue a Cigarette Permit to Odie's. Motion carried.

Wastewater Treatment Progress Report

Ely City Council -2- November 8, 1999

Motion by A. Tjelmeland, seconded by Schmidt, to approve signing of contract with Nutri-Ject for sludge removal. Motion carried.

ABS vs. concrete pipe for storm sewer.

Motion by A. Tjelmeland, seconded by Joens, to allow ABS storm sewer pipe for developments within the City of Ely. Motion carried.

RESOLUTION NO. 99-1108-61: Resolved by Joens, seconded by A. Tjelmeland, to work with Keith Schulte on putting Storm Sewer along Banner Valley Road.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino, Joens

NAY: none

Resolution adopted.

Sanitation Collection Proposals

Motion by Schmidt, seconded by Joens to direct Clerk to mail Sanitation Proposals, as amended, to interested haulers. Motion carried.

Tax Increment Financing Certification

RESOLUTION NO. 99-1108-60: Resolved by A. Tjelmeland, seconded by Joens, to request 75% of available taxes in the Ely Urban Renewal area be allocated to the City for FY2001.

AYE: Joens, Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Appointments

Motion by Schmidt, seconded by Joens, to approve Mayor's appointments of Kathleen Banowetz to Historical Preservation Commission and Aaron Cooper to Park and Recreation Committee. Motion carried.

Council discussed being available on January 1, 2000, and are aware of the potential problems.

Gary Whittom discussed need to budget for a skid loader, a one ton truck and a new mower. Gary and Al will be pricing this type of equipment.

It was announced that there is a burn ban in effect as of November 5, 1999.

Ely City Council -3- November 8, 1999

Mayor Tjelmeland explained that he is working with Cedar Valley Asphalt in regard to the needed work on Dows Street. Poplar Street will also be done, but we'll need another bid for that street.

Motion by Schmidt, seconded by Trevino, to adjourn. Meeting adjourned, 10:02 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

__________________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

OCTOBER 25, 1999

Meeting called to order at 5:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Al Tjelmeland, Karl Schmidt, Juan Trevino. Absent: Frank Joens.

Motion by A. Tjelmeland, seconded by Schmidt, to approve agenda. Motion carried.

RESOLUTION NO. 99-1021-58: Resolved by Schmidt, seconded by Sturgeon, to accept dedication of streets and easements as shown on Final Plat of Lint First Addition.

AYE: A. Tjelmeland, Sturgeon, Schmidt, Trevino

NAY: none

Resolution adopted.

RESOLUTION NO. 99-1021-59: Resolved by Sturgeon, seconded by A. Tjelmeland, to authorize Mayor and City Clerk to execute Subordination Agreement for the Lint First Addition subject to Lint’s signing easement agreement for Poplar Street cul-de-sac improvements.

AYE: Sturgeon, Schmidt, Trevino, A. Tjelmeland

NAY: none

Resolution adopted.

Discussion held on Poplar and Dows Street Project. Mayor suggested that work be separated so City can proceed with the most urgent improvements. The storm sewer will be done at City expense and then the curb and gutter portion, which is to be assessed back to property owners.

Al Tjelmeland explained that Jim Miller and Mickey Machacek have agreed to accept sludge if city replaces fence and repairs creek crossing. This will cost about $2500. Gary Whittom is working out the details of this.

Short discussion held on issuing sewer revenue bonds. We need to get information and proceed.

Motion by Trevino, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 6:20 p.m.

_______________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

October 4, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: J. Trevino, F. Joens, A. Tjelmeland, K. Schmidt, D. Sturgeon. Guests: Lyle Rusk, Keith Schulte, Ed Brinton, Gary Whittom.

Motion by Sturgeon, seconded by Trevino, to approve agenda as submitted.. Motion carried.

Motion by Trevino, seconded by Sturgeon, to approve minutes as presented of meetings of September 7 and September 20, 1999. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to approve payment of bills as allowed by the City's budget. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to place August Treasurer's report on file. Motion carried.

Sheriff's report was reviewed and radar surveys were placed on file. Deputy Sheriff Rusk was available to discuss the report and surveys.

Mayor Tjelmeland noted that he would look favorably on establishing P.U.D. categories within the zoning Ordinance. This item will be forwarded to the Plan and Zoning Commission for their review.

Dows and Poplar Street and Sidewalk Improvement Project, 1999

Mayor Tjelmeland recommended that council reject all bids for the Dows & Poplar Street Project. He noted that costs for mobilization, earthwork, traffic control and erosion control make it obvious that the bidding was done for construction work beyond what Council had understood would be done. Mayor will contact engineer to see what changes can be made so potential bidders will have a fuller knowledge of the scope of work desired.

RESOLUTION NO. 99-1004-55: Resolved by A. Tjelmeland, seconded by Joens, to reject all bids for the Dows & Poplar Street and Sidewalk Improvement Project, 1999 and change scope of work for Council review prior to submittal for bidding process.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino, Joens.

NAY: none

Resolution adopted.

Wastewater Treatment Progress Report and Plans

Ed Brinton gave report on Lagoon projects. Sludge removal may not be as critical as originally thought. More testing will be done soon to further clarify the situation. The Baffle curtain also may be more adequate than originally thought.

Council reviewed aerator bids as received from Aeration Industries and Tri-States/Aeromix(Aeromix). Mr. Brinton explained that it is up to the Council to decide the merits of the two proposals. Council noted that Aeromix used standard replacement parts and Aeration Industries replacement parts were more specialized. They also liked the idea that Aeromix would install the aerators.

RESOLUTION NO. 99-1004-56: Resolved by A. Tjelmeland, seconded by Schmidt, to approve purchase of aerators from TriStates/Aeromix at a cost to not exceed $12,009.

AYE: Schmidt, Sturgeon, Trevino, Joens, A. Tjelmeland

NAY: none

Resolution adopted.

Ely City Council -2- October 4, 1999

Construction of Lagoon Building

Motion by Schmidt, seconded by Trevino, to authorize contract be executed with Tjelmeland Construction to build a building at lagoon at a cost of $6,906.60. A. Tjelmeland abstained as he is owner of Tjelmeland Construction. Motion carried.

Urban Renewal Area expansion.

Motion by A. Tjelmeland, seconded by Schmidt, to proceed with Urban Renewal expansion by including recently annexed areas. Motion carried.

Appointments

Mayor recommended Dan Shaffer be reappointed to five year term on Plan and Zoning and recommended Jack Hooten be appointed to serve a five year term. Mayor recommended Clary Illian, Dorathy Harger, Dean Rathje and Sharon Furler be appointed to the newly formed Historical Preservation Commission.

Motion by Schmidt, seconded by Joens, to approve Mayor's appointments to Plan and Zoning Commission. Motion carried.

Motion by Schmidt, seconded by Sturgeon, to approve Mayor's appointments to Historical Preservation Commission. Motion carried.

Motion by Sturgeon, seconded by Trevino, to appoint Lisa Hinton to Library Board to fill unexpired term of Paula Bradway, as recommended by Library Board. Motion carried.

Council requested that letter be sent to Paul Bradway thanking her for her many years of services to Library. Clerk was requested to draft letter that can be signed my Mayor and all Council members.

Mayor appointed A. Tjelmeland as Ely's delegate to Emergency Management and Juan Trevino to serve as alternate. He also appointed Juan Trevino as Ely's delegate for E911 Board and A. Tjelmeland to serve as alternate.

Motion by Schmidt, seconded by Sturgeon, to approve Mayor's appointments to Emergency Management and E911. Motion carried.

Linn County 28E Agreement for Snow Removal

RESOLUTION NO. 99-1004-57: Resolved by Joens, seconded by A. Tjelmeland, to approve 28E Agreement with Linn County for 1999-2000 snow removal.

AYE: Joens, Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Marty Fritz, from Schultz Waste Systems, asked Council to entertain the suggestion that the bidding process be opened for Solid Waste Collection Services for the City. Mayor and Council concurred that a request for proposals should be drafted and presented for review at the November meeting.

Keith Schulte asked Council for direction on the Plan of Improvements for the next phase of Southbrook Addition. He would like to be allowed to use ABS storm sewer pipe. This item will be on the Nov 8^th agenda.

Schulte Development will be submitting a Plan of Improvements at that meeting and would like the specs to show ABS pipe. They will be starting work on water, sanitary and street improvements using previously accepted design standards.

Ely City Council -3- October 4, 1999

Council discussed the City's Y2K readiness. The Clerk has received written documentation from Water/Wastewater Operator stating that those systems are not reliant on computer systems. The office procedures have been reviewed and all are ready except for the utility billings which should be compliant by end of October. All other City systems are dependent on private operations and the City has received notification of their compliance.

Motion by Joens, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 9:28 p.m.

______________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

________________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

SEPTEMBER 20, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Frank Joens, Al Tjelmeland, Karl Schmidt, Juan Trevino. Present: Keith Schulte, Edward Brinton.

Motion by Schmidt, seconded by Joens, to approve agenda as submitted. Motion carried.

No correspondence

No Citizens requests

Motion by J. Trevino, seconded by K. Schmidt for A. Tjelmeland to get prices on leveling parking lot (gravel) and 6’ sidewalk for Schulte park. Motion carried. (see attached informal notes on 7:00 PM Schulte Park meeting).

Wastewater Treatment and Wastewater Plans Ed Brinton submitted final proposals for sludge removal and stated all bidders have similar equipment. Clark Farms has some negative references. The City of Ely needs to get their land use issue resolved before any work can begin. Hauling would increase costs significantly if going more than ½ mile from lagoon site. Ed’s recommendation is to use Iowa Grow, Inc.

RESOLUTION 99-0920-48: Resolved by Schmidt, seconded by A. Tjelmeland, to accept Ed Brinton’s recommendation and award contract to Iowa Grow, Inc. for Sludge Removal with the intent of having the land issue resolved by October.

AYE: Joens, Sturgeon, Trevino, A. Tjelmeland, Schmidt

NAY: None

Resolution adopted

F. Joens indicated Galen has another idea on the mechanics of the lagoon. Ed explained the idea of submerged effussors does work and is less expensive. It is a weighted float which helps with oxygen flow and doesn’t have the problem of freezing up in cold temperatures. Ed doesn’t feel this is feasible for Ely. Ely’s problem lies with capacity, and the motion of the water. Bottom line, Ely needs capacity and a mixing capability.

Contract for Services with Galen Mehmen. Ed Brinton stated Contract is OK with him and recommended the City approve. A. Tjelmeland questioned the overtime issue. Some regular-time duties were performed in the past and billed at overtime rates. Mayor stated contract wording helps eliminate this problem by defining scope of work more clearly. Procedures and contact people are more defined. D. Sturgeon stated overtime work should be pre-approved as well as emergency work. Mayor suggested revision of language in paragraph 5.3 of Contractor’s Compensation agreement for contractor to seek pre-approval for “overtime” as well as emergency work when possible. K. Schmidt questioned order of notification in the event there is a mechanical problem. Ed has been working with Gary/Tom to clarify order of notification and who is responsible for mechanical failures and problems with equipment on a day-to-day basis.

RESOLUTION 99-0920-49: Resolved by D. Sturgeon, seconded by F. Joens to accept contract for services with Galen Mehmen as amended in paragraph 5.3 to add pre-approval for overtime work with appropriate City officials when possible.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland, J. Trevino

NAY: None

Resolution adopted

ELY CITY COUNCIL -2- September 20, 1999

Ed Brinton indicated City of Ely now needs a construction permit to raise the water level by 2 feet in lagoon. There is a possibility the permit could get denied, or take a long time to be issued. If water level can’t be raised, there is no need for baffle. This would effect a cost savings and other work would not be effected.

RESOLUTION 99-0920-50: Resolved by A. Tjelmeland, seconded by K. Schmidt to authorize Ed Brinton to submit application for construction permit to raise water level of lagoon by 2 feet to IDNR.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland, Trevino

NAY: None

Resolution adopted.

Public Hearing – Dows and Poplar Street and Sidewalk Improvement Project, 1999

Public hearing opened at 8:15 PM on Dows & Poplar Street and Sidewalk Improvement Project. No oral or written objections received. Motion by A. Tjelmeland, second by J. Trevino to close hearing. Hearing closed 8:20 PM

RESOLUTION 99-0920-51: Resolved by K. Schmidt, seconded by D. Sturgeon, adopting plans, specifications, form of contract and estimated cost for Dows and Poplar Streets Improvement, 1999.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland, Trevino

NAY: None

Resolution adopted.

Two bids were submitted by 4:30 PM., and opened at 4:40 PM by Mayor T. Tjelmeland and Engineer Steve Noack. A representative of Cedar Valley Asphalt was present when bids were opened. Mayor noted L. L. Pelling’s bid was not in duplicate form as requested.

Mayor stated the bids were extremely over budget but there were a lot of open ended items. Ie, traffic control, earth work. Mayor suggested Council work with low bidder and Engineer to cut unwanted items or reject all bids and start over. Because of assessments, city needs to work with Engineer.

RESOLUTION 99-0920-52: Resolved by A. Tjelmeland, seconded by D. Sturgeon to acknowledge receipt of bids and recommend Mayor meet with lowest bidder and engineer to see about cutting unwanted items. Also defer action until next scheduled council meeting on October 4, 1999.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland, Trevino

NAY: None

Resolution adopted.

Bids were as follows Cedar Valley Asphalt $236,780.50 (low bidder)

L. L. Pelling $244,141.25

RESOLUTION 99-0920-53: Resolved by F. Joens, seconded by A. Tjelmeland to approve Preliminary Plat for Southbrook Sixth Addition and authorize developer to proceed with improvements as delineated on said plat.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland, Trevino

NAY: None

Resolution adopted.

Keith Schulte asked the Council how much participation they would like to take on regarding East Banner Valley Road to Glendale Lane and East Southbrook Drive to South Property Line. The Water Main would cost approximately $10,000 and the Improvements to Banner Valley Road – 36” storm sewer on south side – would

ELY CITY COUNCIL -3- September 20, 1999

cost approximately $36,000. A. Tjelmeland stated the developer or owner has been responsible for curb and gutter in the past. Mayor stated TIF funds are available for arterial roads such as Banner Valley Road. Banner

Valley Road is ½ city and ½ county. TIF funds could be used for storm sewer; curb and gutter could go into escrow and the sidewalk issue should probably be tabled.

Keith noted county put in drainage tubes north of Banner Valley Road and took a bridge out. Now, water washes over road and needs to be taken care of.

RESOLUTION 99-0920-54: Resolved by A. Tjelmeland, seconded by F. Joens, to have Keith Schulte work with Engineer to come up with improvement plan for Banner Valley Road.

AYE: Joens, Sturgeon, Schmidt, A.Tjelmeland, Trevino

NAY: None

Resolution adopted.

Motion by K. Schmidt, Seconded by Juan Trevino, to table Lagoon Building construction until next council Meeting on October 4 when bid from Tjelmeland Construction can be reviewed. Motion carried.

Motion by K. Schmidt, seconded by A. Tjelmeland, to adjourn. Meeting adjourned, 9:35 PM.

Thomas M. Tjelmeland, Mayor

ATTEST

Angie Tjelmeland, Deputy City Clerk

INFORMAL NOTES – ELY CITY COUNCIL MEETING 7:00 PM SCHULTE PARK, Monday, September 20, 1999.

Present: Mayor T. Tjelmeland, J. Trevino, K. Schmidt, A. Tjelmeland, Don Sturgeon, Keith Schulte

Need lock for breaker box inside pavilion

Possibilities for parking along Banner Valley Road:

Angle parking with 6’ sidewalk

Drive in, Drive out parking

Need 20-24’ parking space area could be gravel or chip and seal

Need 6’ sidewalk with curb stop to come in on property side

Additional dirt to be hauled out could go to Dows/Poplar Street Improvement Project or K. Schulte could also use some.

There is a fiber optic line right in line with the sidewalk and it would need to be taken into consideration

Leave grassy area between parking and pavilion and add trees for aesthetic look

ELY CITY COUNCIL

REGULAR MEETING

September 7, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: F. Joens, A. Tjelmeland, K. Schmidt, D. Sturgeon. Guests: Keith Schulte, Ed Brinton, Galen Mehmen, Jim Miller, Gary Whittom, Clary Illian, Juan Trevino, Jr.

Motion by Schmidt, seconded by Joens, to approve agenda as submitted. Motion carried.

Motion by Schmidt, seconded by Joens, to approve minutes of meeting of August 16, 1999. Motion carried.

Motion by Joens, seconded by Sturgeon to pay bills as submitted. Motion carried.

Public hearing opened at 7:36 p.m. on vacating alley adjacent to lots 18-21 of A.P.#101. No written or oral objections received. Discussion held on access to Krob's Quonset hut. Since there has been no survey done, Jim Miller asked to have this item tabled.

Motion by A. Tjelmeland, seconded by Sturgeon, to close public hearing. Hearing closed 7:40 p.m.

Motion by A. Tjelmeland, seconded by Schmidt, to table items relating to vacating alley adjacent to lots 18-21 of A. P. #101. Motion carried.

City has received two proposals for water and sewer improvement to Banner Valley Road. These estimates are based on design work done by Hall & Hall Engineers for extension of water and sewer line in Southbrook 6^th Addition. City will pay the difference between the cost of 6 inch and 12 inch water pipe. Both estimates exceed the $25,000 requirement for bid letting. Developer agreed to pay an additional $3500 to help speed the process of getting the improvements completed.

RESOLUTION 99-0907-42: Resolved by Schmidt, seconded by Sturgeon, to accept proposal from Bowker Mechanical of Cedar Rapids, IA and proceed with Banner Valley Road Water & Sewer Improvements, approve plans as submitted and enter into cooperative effort with Schulte Development, with cost to City to not exceed $24,999.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none one vacancy

Resolution adopted.

Mayor explained that there are still problems with manhole covers in Hillside 6^th Addition.

Motion by A. Tjelmeland, seconded by Sturgeon, to not release maintenance bond for Hillside 6^th Addition. Motion carried.

Easements will be needed for the Dows & Poplar Street Improvement Project. Mayor is contacting Estes and the Lints have agreed to sign once the survey work is done.

RESOLUTION NO. 99-0907-43: Resolved by A. Tjelmeland, seconded by Schmidt, to order bids, approve plans, specifications and form of contract and notice to bidders, fix amount of bid security and order clerk to publish notice fixing date for receiving bids, conducting public hearing on plans, specifications, form of contract and estimate of costs for Dows and Poplar Street and Sidewalk Improvement Project, 1999.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens.

NAY: none one vacancy

Resolution adopted

ELY CITY COUNCIL -2- September 7, 1999

RESOLUTION NO. 99-0907-44: Resolved by Schmidt, seconded by Sturgeon, to enter into an escrow agreement with Everett Lint for property within Lint First Addition

AYE: Sturgeon, Joens, A. Tjelmeland, Schmidt

NAY: none one vacancy

Resolution adopted.

Ed Brinton distributed an updated Progress Report for Sanitary Sewer Improvements. Doug Hawker has verbally okayed the proposed plans and Ed asked permission to submit the formal document to DNR.

Motion by Schmidt, seconded by A. Tjelmeland, to approve Sanitary Sewer Schedule and Plans and send them to appropriate authorities. Motion carried.

Bid requests were sent to four vendors for sludge removal. Two of them are close enough in price to warrant closer review. The low bid does not include sampling, testing and reporting, so could actually have a higher final costs. Location of application site is important and should be finalized in the next 30 days. Galen Mehmen said that there is another company that has there own land banks and they may be available for this project. Ed explained we have time to check this out, but it is our number one priority. There is some local land that may be available if owner is informed of the safety of spreading the sludge. Gary will contact these people and Galen will contact the other company. This information will be available at the September 20^th meeting.

Ed explained the progress report contains bids received for aerator and baffles, but dredging will be done before these are installed. Ed explained the bids and advantages and disadvantages of the vendors. It is necessary to protect Hoosier Creek and that requires a sophisticated treatment plan.

Discussion held on building at lagoon site. The proposal for this will also be available at the meeting on the 20^th.

Motion by A. Tjelmeland, seconded by Joens, to table both items in regard to Louis Field Third Addition. Motion carried.

RESOLUTION: Resolved by A. Tjelmeland, seconded by Schmidt, to place Ordinance 161 on second reading by title only, waive third reading and adopt Ordinance No. 161, relating to establishing an Historic Preservation Policy and Commission.

AYE: Schmidt, Sturgeon, A. Tjelmeland, Joens

NAY: none one vacancy

Ordinance No. 161 adopted.

Urban Renewal area can be expanded. Council agreed that maps of expansion area should be available for October 4^th meeting.

Mayor recommended City proceed with purchase of land for fire station at cost of $40,000. This has been reviewed by Don Sturgeon, who is in real estate, and determined to be a fair price for prime commercial property.

RESOLUTION NO. 99-0907-45: Resolved by Schmidt, seconded by Joens, to authorize Mayor and City Clerk to work with Attorney to close the purchase of Yarborough property.

AYE: Sturgeon, Joens, Schmidt, A. Tjelmeland

NAY: none one vacancy

Resolution adopted.

ELY CITY COUNCIL -3- September 7, 1999

RESOLUTION NO. 99-0907-46: Resolved by Sturgeon, seconded by Joens, to approve proposed rental agreement for Schulte Park.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none one vacancy

Resolution adopted.

The parking needed for the pavilion site was discussed. Council agreed to meet at the site on September 20 at 7 p.m. to get a better feel for what area could be used for parking.

Mayor recommended that Juan Trevino, Jr. be appointed to fill the vacancy created by the resignation of Jerry Kuntz.

Motion by Joens, seconded by Schmidt, to appoint Juan Trevino, Jr. to fill the vacancy on City Council. Motion carried.

RESOLUTION NO. 99-0907-47: Resolved by Schmidt, seconded by Sturgeon, to approve 98-99 Road Use Report as completed. Motion carried.

AYE: Sturgeon, Joens, Schmidt, A. Tjelmeland

NAY: none one vacancy

Resolution adopted.

Motion by A. Tjelmeland, seconded by Schmidt, to adjourn. Meeting adjourned, 9:12 p.m.

________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_________________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

AUGUST 16, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Frank Joens, Al Tjelmeland, Karl Schmidt. Present: Paul Croy, Tom Vavra, George Reyhons, Glenn Klinsky, Clary Illian, Keith Schulte, Russell Maresh, Ken & Rae Jean Erenberger, Steve Noack, Edward Brinton, Gary Whittom, Dorathy and Dick Harger, Tammy & Ervin Lint, Jim Miller, James & Ruth Estes, Lloyd Duffee.

Motion by Sturgeon, seconded by Joens, to approve agenda as submitted. Motion carried.

Motion by Schmidt, seconded by Joens, to approve minutes of meetings of July 12, 1999, and July 28, 1999. Motion carried.

Motion by A. Tjelmeland, seconded by Joens, to approve payment of bills as submitted. Motion carried.

Motion by Joens, seconded by Sturgeon, to place July Financial reports on file. Motion carried.

FUNDRECEIPTSDISBURSEMENTSGENERAL2999.317150.87ROAD USE4619.302053.24DEBT SERVICE255.80SANITARY UTILITY3304.002599.24WATER UTILITY8981.291789.65SEWER UTILITY4824.501296.38 TOTALS24984.205685.27Letter reviewed from resident on Vavra Drive in regard to concerns about driveway. Council determined that it is impossible to know if any damage was created by past construction or normal wear and tear. This will be discussed with property owner before proceeding with any further action.

Public Hearing - Zoning of newly annexed Southbrook Addition to R-1

Public hearing opened at 7:30 p.m. on zoning of newly annexed Southbrook area. No oral or written objections received. Motion by Schmidt, seconded by Joens, to close hearing. Hearing closed 7:41 p.m.

RESOLUTION NO. 99-0816-32: Resolved by Schmidt, seconded by Joens, to place Ordinance No. 160 on first reading by title only; waive second and third reading and adopt Ordinance No. 160.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

ORDINANCE NO. 160 ADOPTED.

ORDINANCE NO. 160: AN ORDINANCE TO ZONE NEWLY ANNEXED PROPERTY TO R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT, AND TO OFFICIALLY CHANGE THE ZONING MAP OF ELY, IOWA TO REFLECT THE CHANGE. ANNEXED PROPERTY IS LEGALLY DESCRIBED AS: ALL OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH 10 ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL IN SECTION 32, TOWNSHIP 82 NORTH, RANGE 6 WEST

OF THE 5^TH P.M., LINN COUNTY, IOWA, SAID AREA TO BE APPROXIMATELY 50.6 ACRES.

Southbrook Sixth Addition

Discussion held on extending water and storm sewer along Banner Valley Road. 6 inch water line is in to

ELY CITY COUNCIL -2- August 16, 1999

the Southbrook Addition and City wishes to upgrade to 12 inch line. It was decided that line should extend along north side of Banner Valley Road to avoid moving existing utilities. Details of this project will be worked out and referred back to Council for action at September meeting.

RESOLUTION NO. 99-0816-33: Resolved by A. Tjelmeland, seconded by Schmidt, to participate in Water Main and Storm Sewer Extension Project for Banner Valley Road at a construction cost to not exceed Engineer’s estimate of $20,998.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens.

NAY: none

Resolution adopted.

DOWS AND POPLAR STREET AND SIDEWALK IMPROVEMENT PROJECT, 1999

City Engineer explained the changes to Dows and Poplar Street Special Assessment Project. The sidewalk has been eliminated along Poplar Street and along Dows Street except where there is not one at the present time or it is deemed appropriate to replace damaged walk. Rae Jean Erenberger asked about having utility companies bury lines while this project is underway. Mayor will look into this, but Russ Maresh said it would be difficult to do as utility company would have a great distance to go to pick up a connection.

Jim Miller asked why this project needed to be done since the residents don’t want the project. Mayor explained the advantages of this project to the residents, including correcting problems as residents requested. Putting in curb and gutter will better define the right of way for better snow removal and eliminate need for City to do annual chip and sealing, therefore being more cost effective.

RESOLUTION NO. 99-0816-34: Resolved by A. Tjelmeland, seconded by Sturgeon, to adopt a Resolution of Necessity proposed for the Ely, IA Street and Sidewalk Improvement Project, 1999.

AYE: Sturgeon, Joens, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

RESOLUTION NO. 99-0816-35: Resolved by Sturgeon, seconded by A. Tjelmeland, to direct preparation of detailed plans and specification, form of contract and notice to bidders on the Ely, IA Street and Sidewalk Improvement Project, 1999.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none

Resolution adopted.

Vacation of Alley - Resolution setting date for public hearing and provide notice

RESOLUTION NO. 99-0816-36: Resolved by Schmidt, seconded by A. Tjelmeland, to conduct a public hearing on September 7, 1999, at 7:30 p.m. in Council Chambers of Community Center for purposes of vacating alley and providing for sale of property located adjacent to lots 18, 19, 20 and 21 of A.P. #101.

AYE: Joens, A. Tjelmeland, Schmidt, Sturgeon

NAY: none

Resolution adopted.

Plat of Lint First Addition

RESOLUTION NO. 99-0816-37: Resolved by A. Tjelmeland, seconded by Schmidt, to approve the Final Plat of Lint First Addition containing two lots.

AYE: Schmidt, A. Tjelmeland, Sturgeon, Joens

NAY: none

Resolution adopted.

ELY CITY COUNCIL -3- August 16, 1999

Mayor called a 5 minute recess. Meeting reconvened at 8:27 p.m.

Louis Field Third Addition-Improvements

Motion by A. Tjelmeland, seconded by Schmidt, to table acceptance of improvements in Louis Field third addition. Motion carried.

Preliminary Plat Louis Field Fifth Addition

Preliminary Plat of Louis Field Fifth Addition was reviewed. Requested changes have been made and noted on plat.

RESOLUTION NO. 99-0816-38: Resolved by Schmidt, seconded by A. Tjelmeland, to approve Preliminary Plat of Louis Field Fifth Addition.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Historic Preservation Commission

Clary Illian explained that after discussions with property owners on Dows Street, there was a consensus that it was desirous to have City enacts to establish a historic preservation Commission. Once enacted, the Commission would be able to do planning and apply for grants. All plans of the Commission would have to have the approval of the Council.

Motion by Schmidt, seconded by Joens, to place Ordinance No. 161 on first reading by title only. Motion carried.

ORDINANCE NO. 161: AN ORDINANCE TO ESTABLISH A HISTORIC PRESERVATION POLICY AND FIVE MEMBER COMMISSION

Revision to Snow Mobile Ordinance

RESOLUTION NO. 99-0816-39: Motion by A. Tjelmeland, seconded by Schmidt to place Ordinance No. 162 on first reading by title only and to waive second and third reading of Ordinance No. 162 and hereby adopt Ordinance No. 162

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none

Ordinance No. 162 adopted.

ORDINANCE NO. 162: AN ORDINANCE TO REVISE THE SNOW MOBILE ORDINANCE BY ALLOWING THEM TO OPERATE BETWEEN 11 P.M. AND 7 A.M. IF THEY ARE USING THE MOST DIRECT ROUTE TO ENTER OR LEAVE THE CITY.

Revision to Ordinance regulating distance from property line for accessory buildings

RESOLUTION NO. 99-0816-40: Resolved by A. Tjelmeland, seconded by Sturgeon to place Ordinance No. 163 on first reading by title only, waive second and third reading and adopt Ordinance No. 163:

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Ordinance No. 163 adopted.

ORDINANCE NO. 163: AN ORDINANCE TO REQUIRE ACCESSORY BUILDINGS TO BE FIVE FEET FROM ANY PROPERTY LINE

ELY CITY COUNCIL -4- August 16, 1999

American Legion Pavilion in Schulte Park

Mayor commended the American Legion for the work and effort they put into erecting the great pavilion in Schulte Park. The Legion members in attendance noted that the Barnyard Bunnies 4-H group would

like to do some landscaping and will contribute $100 for plantings and will do the work. Council concurred they could proceed with this project.

Motion by A. Tjelmeland, seconded by Sturgeon, to accept Park pavilion in Schulte Park and thank American Legion and Schulte for their contribution to this project. Motion carried.

It was requested that a letter be sent to American Legion and Schulte to formally thank them for the pavilion.

Parking was briefly discussed and renting regulations will be on next agenda.

Wastewater Treatment Progress Report and Wastewater Plans

Ed Brinton shared wastewater upgrade proposals and plans.

Motion by Sturgeon, seconded by Schmidt, to approve proposal for wastewater maintenance upgrade activities as listed in Ed Brinton’s proposal and request he bring back a firmed-up proposal for separate authorization. Motion carried.

Resolution to appoint Auditor for FY99

RESOLUTION NO. 99-0816-41: Resolved by Sturgeon, seconded by Joens, to approve hiring the State Auditor to do an annual audit for the city of Ely for fiscal year ending June 30, 1999, at a cost of $3924

AYE: Sturgeon, Schmidt, Joens, A. Tjelmeland

NAY: none

Resolution adopted.

Liquor Permit and Sunday Sales Permit for Hitch-in’ Rail

Motion by A. Tjelmeland, seconded by Schmidt, to approve Liquor Permit and Sunday Sales Permit for Hitch-in Rail Restaurant. Motion carried.

Appointments

Motion by Joens, seconded by Schmidt, to appoint Bob Ballantyne to fill the unexpired term on Plan and Zoning. Motion carried.

Motion by A. Tjelmeland, seconded by Joens, to appoint Dave Krob and Connie Hayes to five year term on Board of Adjustment. Motion carried.

Mayor recommended that present members be reappointed to Recreation Commission.

Motion by A. Tjelmeland, seconded by Joens to approve Mayor’s appointments of Mike Cleppe, Pat Malatek and Juan Trevino to two year terms on the Recreation Commission. Motion carried.

Motion by Sturgeon, seconded by Joens, to appoint A. Tjelmeland as delegate to Emergency Management with Karl Schmidt as alternate. Motion carried.

Date of September and October meetings

Mayor set Sept 7, 1999 and October 4, 1999 as date for regular Council meetings instead of the second Monday of September and October.

Ely City Council -5- August 16, 1999

Open Agenda

Lloyd Duffe noted that at the last meeting, there was some discussion about a drainage ditch discussion. Al Tjelmeland told him the City is looking at how to solve drainage concerns that have been expressed by Duffe’s in the past. Mr. Duffe said he feels strongly about the need for Parks in Ely and would be willing to donate profit from the sale of his land for this type of purchase.

Closed Session-Real Estate

Motion by Schmidt, seconded by Joens to go into closed session to discuss real estate transaction. Motion carried. 9:59 p.m.

Motion by A. Tjelmeland, seconded by Joens to go out of closed session. Motion carried.

10:09 p.m.

Motion by Schmidt, seconded by Joens to adjourn meeting. Meeting adjourned, 10:13 p.m.

___________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_______________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

July 28, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas Tjelmeland. Present: K. Schmidt, A. Tjelmeland, D. Sturgeon. Absent: F. Joens. Guests: Ruth & Jim Estes, Steve Noack, Jim & Katie Miller, Russ & Barb Maresh, Tammy Lint, Ken & RaeJean Erenberger, Dick & Dorathy Harger.

Agenda placed on file as submitted.

Dows & Poplar Street Improvement Project, 1999

Public hearing opened on the Dows & Poplar Street & Sidewalk Improvement Project, 1999. Mayor Tjelmeland explained that this project came about because the ditch along Dows Street needed to be filled in and while researching what needed to be done to accomplish this, the City decided to look into the advisability of installing related improvements. The City Code requires sidewalks and it is helpful to the entire City to have them in all areas and have them in good repair.

Steve Noack, City Engineer, explained that the east side of Dows Street needs to be paved with asphalt and curb and gutter installed. Because the existing abutting property is lower than the street, the grade will have to be sloped and this will require existing sidewalks to be replaced.

Poplar Street is being included in this project because a request was received to allow a cul-de-sac at the end of the streets so additional lots can be platted and also because residents have occasionally expressed concern about storm water drainage.

Dick Harger asked if Federal money would be used in this project. Mayor explained that type of money goes to communities with lower average income than Ely's. Dick also asked what portion of the project was being paid by the City and what was being assessed. Engineer explained that total project is about $99000 and $29000 of that is being assessed.

Dorathy Harger asked why storm sewer wasn't put in when other Dows Street work was done. Mayor and Engineer explained that it was, but it did not extend down to the older section of town.

Dick Harger explained that the sidewalk in front of his property was put in about 1910 and is still in perfect shape. He does not want to pay to replace a sidewalk that is in perfect shape. He also asked about the grade and width of the sidewalk in relation to the street and Engineer answered those questions.

RaeJean Erenberger asked whose idea it was to widen Dows and why it has to be that wide. Al Tjelmeland explained that the width is based on current and future projections of amount and type of traffic that will be using the street.

Ken Erenberger noted that there are places all over town that do not have curb and gutter and would like to get by without curb and gutter in front of his property. Mayor explained that those streets without curb and gutter break up faster because of the poor drainage and Dows Street is a through street that needs to be kept in good repair.

RaeJean Erenberger again asked why Dows has to be so wide. She questioned the width as it hinders their property. Al Tjelmeland explained that the width is needed for parking and safety. Road up the hill to the east was installed wider and it is safer to have it all the same width.

Dick Harger said he thinks it is great to fill in the ditch, but does not need a new sidewalk. Mayor explained that if grades can be worked out, there may be other options.

Ely City Council -2- July 28, 1999

RaeJean Erenberger again asked if the road has to be that wide. Mayor said that if everyone agrees that there will never be any parking allowed on Dows, it may be possible to consider a narrower street. The actual roadway has always been 80 feet and that is not being changed.

Ken Erenberger said it would be nice to be able to mow the ditch but because of the rock that was put there, it is no longer possible.

RaeJean Erenberger said that she too, was glad to have the ditch filled in and would work with Council to find a solution. She feels her $2800 assessment is too much for curb and gutter and to replace perfectly good sidewalks.

Dick Harger invited the Council to sit on his porch for extended period of time and count the number of people who use the street to walk in instead of the sidewalks.

Don Sturgeon noted that if citizens are walking in the street, this may be the best reason of all to do this project.

Mayor said that once the whole project is completed, people will have a better opportunity to use the sidewalk

Dick Harger noted that many side streets do not have sidewalks.

RaeJean Erenberger said that sidewalks are needed more from new apartments to the Conoco and that area of town. Mayor explained that we are working on that and trying to get right of way along the railroad line to install them as having them along State Street may not be as good a place as there is only 66 feet of right of way.

Dick Harger noted that the property owners are bearing the cost of sidewalks because of development above the and those along the railroad do not have to be assessed. Mayor explained that the two situations are not the same. A recreation area is being proposed for that area and trails will need to be supplied to that area.

Dick Harger asked what the next project is and Mayor explained the City is looking into Main Street.

Al Tjelmeland said the City is talking about putting in four feet of drainage by Duffe's.

Dick Harger asked why something isn't being done about the water standing in the ditch by Krob's and why other places in town were not required to have sidewalk installed and repaired. Mayor explained that there is only about 6 blocks that doesn't have sidewalks and we are looking at what can be done about the standing water at Krob's.

Russ Maresh said he didn't see the need for the project on Poplar Street, but as he listened to remarks this evening, he has a clearer idea of the big picture.

Barb Maresh asked how the property owner's on Poplar Street are being benefited by a sidewalk as it is a dead end street. A. Tjelmeland explained that sidewalks do increase the value of property but also agrees that she has a point as there is very little traffic on this street.

Mayor read and placed on file the letters from Maresh's and Este's. Council agreed that we may eliminate the sidewalks on Poplar, but will need to have further input about curb and gutter. Mayor also explained that the City will need to borrow money for this project and will repay that money with TIF revenue.

Tammy Lint said that her dad, Everett, is a resident of Poplar Street and believes the project in unnecessary.

Ely City Council -3- July 28, 1999

Motion by A. Tjelmeland, seconded by Schmidt, to close the public hearing. Hearing closed, 9:01 p.m.

RESOLUTION NO. 99-0728-24: Resolved to defer proposed resolution of necessity to a Council meeting to be held on the 16^th day of August, 1999 at 7:30 p.m.

AYE: Sturgeon, Schmidt, Tjelmeland

NAY: none

Resolution adopted.

Motion by A. Tjelmeland, seconded by Schmidt to table resolution to adopt resolution of necessity to meeting of August 16, 1999. Motion carried.

Council determined that there would be a walk through on Dows and Poplar Street at 7 p.m. on August 10, 1999 The City Engineer, Council, Mayor and residents are all welcome and encouraged to be there.

Motion by Sturgeon, seconded by A. Tjelmeland to hold August regular meeting on the 3^rd Monday of August which will be at 7:30 on August 16, 1999. This is being done because of schedules and time constraints. Motion carried.

RESOLUTION NO. 99-0728-31: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve Final Plat of Southbrook Fifth Addition

AYE: A. Tjelmeland, Schmidt, Sturgeon

NAY: none

Resolution adopted.

Motion by Schmidt, seconded by Sturgeon, to approve Depository and authorize Mayor, Mayor Protem, City Clerk and Deputy City Clerk as signatories on accounts at Solon State Bank-Ely. Presently those offices are held by Thomas M. Tjelmeland as Mayor, Al Tjelmeland as Mayor Protem, Roberta A. Hamdorf as City Clerk and Angela Tjelmeland as Deputy City Clerk. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to adjourn. Meeting adjourned, 9:12 p.m.

_______________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_____________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

July 12, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: A. Tjelmeland, K. Schmidt, D. Sturgeon, F. Joens.

Motion by A. Tjelmeland, seconded by Joens, to approve agenda. Motion carried.

Motion by Sturgeon, seconded by Schmidt, to approve minutes of June 21, 1999, as presented. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to pay bills. Motion carried.

Motion by Sturgeon, seconded by Joens, to place June Financial report on file. Motion carried.

FUNDRECEIPTSEXPENSESGENERAL7573.0714521.71ROAD USE5858.685078.97DEBT SERVICE274.9520000.00STREET PROJECT1599.0012828.38SANITARY UTILITY3659.265138.38WATER UTILITY6341.487072.16SEWER UTILITY5075.103728.97 TOTALS30381.5468368.57

Dows and Poplar Street and Sidewalk Improvement Project, 1999

Mayor explained to those in attendance that the City is proposing to do an assessment project on Dows and Poplar Street. This evening the Council will take the preliminary steps necessary to proceed with bonding if that becomes necessary, and to set a date for a public hearing on the project. At that meeting, the public will be able to ask questions and present their concerns.

RESOLUTION NO. 99-0712-25: Resolved by Joens, seconded by A. Tjelmeland, to adopt a preliminary resolution for construction of the Dows and Poplar Street and Sidewalk Improvement Project, 1999.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none

Resolution adopted.

RESOLUTION NO. 99-0712-26: Resolved by A. Tjelmeland, seconded by Joens,, to adopt Resolution fixing values of lots for the Dows and Poplar Street and Sidewalk Improvement Project, 1999.

AYE: A. Tjelmeland, Sturgeon, Schmidt, Joens

NAY: none

Resolution adopted.

RESOLUTION NO. 99-0712-27: Resolved by Joens, seconded by Sturgeon, to adopt preliminary plat and schedule, estimate of cost and proposed plans and specifications for the Dows and Poplar Street and Sidewalk Improvement Project, 1999.

AYE: Sturgeon, A. Tjelmeland, Joens, Schmidt

NAY: none

Resolution adopted.

Ely City Council -2- July 12, 1999

RESOLUTION NO. 99-0712-28: Resolved by A.Tjelmeland, seconded by Joens, to adopt proposed Resolution of Necessity and set date of Wednesday, July 28, 1999, at 7:30 p.m. for public hearing on the Dows and Poplar Street and Sidewalk Improvement Project, 1999.

AYE: A. Tjelmeland, Joens, Schmidt, Sturgeon.

NAY: none

Resolution adopted.

Accept Improvements – Southbrook 5^th Addn.

RESOLUTION NO. 99-0712-29: Resolved by A. Tjelmeland, seconded by Joens, to accept improvements in the Southbrook 5^th Addition.

AYE: Sturgeon, Joens, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Snowmobile Ordinance

Discussion held on revising the current snowmobile ordinance to allow operating them in the city limits beginning at 7 a.m. The current ordinance does not allow them to operate until 10 a.m. and this was done inadvertently as part of the codification of the code in December of 1997. The Council directed that the changes be made and the ordinance change can be placed on first reading at the August meeting.

Vacating alley – request from Jim Miller

Discussion held on vacating alley right of way to allow abutting property owner to purchase the land. The city has no need for this right of way but if it is vacated, it will still need to have an easement for utilities.

Motion by A. Tjelmeland, seconded by Joens, to proceed with procedures to vacate alley adjacent to lots 18, 19, 20, and 21 of Auditor’s Plat 101, with all attorney fees and other costs paid by property owner. Motion carried.

Deputy Sheriff Rusk presented Sheriff report for Ely for the previous 30 days.

Banner Valley Road Improvements

RESOLUTION NO. 99-0712-30: Resolved by A. Tjelmeland, seconded by Schmidt, to approve services of Hall & Hall Engineers for improvements along Banner Valley Road at a cost to not exceed $4500.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none

Resolution adopted.

Purchase of Land for fire station

Discussion held on purchasing land for fire station. Yarboroughs have offered to sell this land to the City for this use. The City Attorney has advised that the City may buy it without an appraisal if they wish. It was agreed that it would be wise to have some kind of an option on this land, with the understanding that the land could be sold if it is not used for fire station.

Motion by Schmidt, seconded by Joens, to get more information on land to use for fire station. A. Tjelmeland abstained as he is on the fire department. Motion carried.

State St/Ely Road duplicate street name

A letter was received pointing out that State Street having the same name as Ely Road creates confusion for delivery people as they do not know that these are the same road. Mayor suggested that the only solution he had

Ely City Council -3- July 12, 1999

is to put up street signs that say State St./Ely Road. A. Tjelmeland suggested that the County do this on

their signs as we have too many in the City to make it practical to change the City signs. Mayor said he would talk to Linn County about this issue.

Resignation of Jerry Kuntz

Motion by A. Tjelmeland, seconded by Schmidt, to accept, with regret, the resignation of Jerry Kuntz from the City Council. Motion carried. Sturgeon asked that a letter be sent to Jerry thanking him for his services.

Plan and Zoning appointment

Motion by Sturgeon, seconded by Schmidt, to table P & Z appointment to next meeting. Motion carried.

No Parking Ordinance

Discussion held on changing the parking ordinance. Schmidt suggested this item needs to be discussed in a work session with residents. He is aware of the concerns of snow removal, but would like to see about establishing snow routes.

Motion by Schmidt, seconded by Joens, to table “No Parking” ordinance changes until October when work session with interested citizens and Public Hearing can be held. Motion carried.

The Clerk will call other cities to see what repercussions have come up when no parking or one side parking was instituted in an established residential neighborhood.

Waste Water System

Mayor introduced Ed Brinton to Council. Ed will be working with Mayor, Council and City staff to determine what needs to be done in regards to waste water treatment for the City. The new controls that are being put in place will help us get better readings and this is extremely important. Ed explained that he will be presenting a yearly calendar that will show target dates for the best possible course of action for the City.

Purchase Order system

Discussion held on need to establish a purchase order system. The Clerk was directed to set up a system effective as soon as possible.

Open Agenda

Mayor met with Chad Sands from ECICOG and Dean Wheatley from the City of Cedar Rapids in regard to Cedar Rapids and Ely future development. This is useful for long term planning and installation of infrastructure.

A. Tjelmeland notified Mayor and Council that the red truck is in for brake repairs and have received an estimate of $3000 to $4000 to fix. City needs to look into a 2-½ ton tandem dump truck and we also need a ¾ to one ton truck. If anyone knows of a used one, the City would be interested.

Motion by Schmidt, seconded by A. Tjelmeland, to adjourn. Meeting adjourned, 8:58 p.m.

____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

June 21, 1999

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: A. Tjelmeland, K. Schmidt, D. Sturgeon, F. Joens. Absent: J. Kuntz (excused). Guests: Galen Mehmen, Keith Schulte, Gary Whittom, Mark Ditch, Carl Ulenhopp, Jason Wahls, Karen, Dave, Mary Ann & Gerald Koss, Clary Illian, Mike & Jackie Cleppe, Dick Harger, Lloyd & Nidia Duffe, Lou Stepanek.

Motion by Schmidt, seconded by A. Tjelmeland, to approve agenda. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to approve minutes of May 10, 1999. Motion carried.

Motion by Sturgeon, seconded by Schmidt, to approve payment of bills as presented. Motion carried.

Motion by Joens, seconded by Sturgeon to place April and May Financial reports on file. Motion carried.

FUNDAPRIL RECAPRIL DISBMAY RECMAY DISBGENERAL36,791.2510,171.7037,922.33 6,468.97ROAD USE6,811.006,173.00 2,783.053,340.41DEBT SERVICE6,569.06 4,465.3117,292.50STREET PROJECT 2,973.75-5,530.73SANITARY UTILITY3,446.892,427.12 3,449.7527.99WATER UTILITY4,739.051,639.42 5,448.782,927.39SEWER UTILITY9,384.326,505.68 4,645.99495.23 TOTALS67,741.5726,916.92 61,688.9625,021.76

Mayor noted that letter of resignation had been received today from Councilman Kuntz in which he stated his work schedule prevents him from attending Council meetings. Acceptance of the resignation will be placed on July agenda.

Mayor also noted that the Bluestem Board has an opening and would like a nomination of an elected or appointed official.

Donation of $10,000 was received from the Ely Senior Housing Board and they have asked that this money be used for Christmas Decorations. Mayor and Council requested that a letter of appreciation be sent.

Clary Illian requested that the City consider revising the description of C-1 commercial zoning to reflect the residential and commercial nature that currently exists and is allowed in this zoning district. This matter will go to the Plan and Zoning Commission for consideration at their July meeting.

Lloyd Duffe expressed concerns about storm water runoff in his part of town and asked if he could have permission to contact City Engineer about his concerns. Council allowed this to be done.

Ely City Council -2- June 21, 1999

LEASING OF WATER TOWER SITE

Public hearing opened at 7:49 p.m. on Iowa Wireless/South Slope request for leasing water tower and adjacent property for wireless communication equipment. No written or oral objections were received. Mark Ditch presented a finalized contract which has been changed to reflect most of concerns of City Attorney. Motion by A. Tjelmeland, seconded by Joens, to close public hearing at 7:52 p.m. Motion carried.

RESOLUTION NO. 99-0621-18: Resolved by Sturgeon, seconded by Joens, to approve lease with South Slope for water tower and adjacent land as presented in agreement dated June 21, 1999.

AYE: Joens, Schmidt, Sturgeon

ABSTAIN: A. Tjelmeland (has conflict as will be involved in construction)

NAY: none

Resolution adopted.

Use of Community Center

Jason Wahls, on behalf of the Marion Gospel Hall, requested use of Community Center for Children's bible classes. This would be for about an hour and a half in the evening for a period of two weeks excluding Saturday and Sunday evening.

Motion by A. Tjelmeland, seconded by Joens, to allow Marion Gospel Hall use of Community Center at a rate of $10 per hour based on actual time used during a two week period and require that all clean up will be done on a daily basis. Motion carried.

Preliminary Plat - Louis Field 5^th Addition

Preliminary Plat of Louis Field 5^th Addition, including comments of Plan and Zoning Commission, was reviewed. Mayor noted that the Dows Street cul-de-sac does not conform to City design standards and was not part of previous proposed layout plans. He also noted other concerns, as follows: The storm sewer off of Koss Court ends in the middle of two lots and this will need to be "rip-rapped"; improvements along Jappa Road need to be noted on plat; and Outlot C needs to be part of lot 56 of this addition and also part of lot 28 of the third addition. Developers expressed concern about the amount of extra concrete it would require to extend Dows Street to Rogers Creek Road.

Motion by A. Tjelmeland, seconded by Joens, to table Louis Field 5^th Addition preliminary plat at this time because of the cul-de-sac not meeting standards. Motion carried.

Karl Schmidt noted that he would like to see the storm sewer extended through lot 59. Mayor will set up a meeting with developers, two council members and himself, to work out changes on the plat.

David Koss assured Council that realignment of the dam will not have any adverse effect on Louis Field 4^th Addition.

Schulte annexation

Louis Stepanek asked what the City's intentions are for future growth. He is concerned that there are a number of problems created by growth. Ely is a small town and the City needs to decide when getting bigger is not desirous. Law enforcement is becoming more of a problem.

Ely City Council -3- June 21, 1999

Mayor Tjelmeland noted that Cedar Rapids and all of Linn County is growing. The City of Ely can either annex surrounding lands and have control of what happens or let the developments be part of the county or have the land annexed to Cedar Rapids and then have no say in what happens. Rural subdivisions require septic systems and this could affect the aquifers of Ely. If the land is annexed to Ely, Council can make decisions and have certain requirements that developers must live by.

Nidia Duffe expressed concerns about how kids can get to other areas of town from the apartments which are part of another Schulte development. Mayor explained that we are putting a water line down the railroad right of way and sidewalks could also be put in the same location. Because of traffic, State Street may not be the best location for sidewalks.

RESOLUTION 99-0621-19: Resolved by A. Tjelmeland, seconded by Joens, to approve the annexation of the Southbrook Addition lying south of Banner Valley Road that is directly east of the present Southeast City limits, containing approximately 50.6 acres.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Dows Street and Poplar Street Curb, Gutter, Pavement and Sidewalk Project

Council reviewed estimates and plans for the project, as submitted by City Engineer.

Motion by A. Tjelmeland, seconded by Sturgeon, to set a Public Hearing for 7:30 p.m. on Wednesday, July 28, 1999, on the Dows Street and Poplar Street Curb, Gutter, Pavement and Sidewalk Project.

Request for waiver of Utility Fees

A request has been received to waive the utility fees for property at 1585 Main Street as the property is currently vacant and will remain vacant for the foreseeable future. This has been done in the past by agreement of the Council and since City Code requires that this be done by resolution, Council agreed that both properties should be included in the resolution at this time.

RESOLUTION NO. 99-0621-20: Resolved by Schmidt, seconded by Sturgeon, to approve waiving utility fees for properties located at 1585 Main Street and 1630 Traer Street until such time that they become occupied.

AYE: Sturgeon, Schmidt, A. Tjelmeland, Joens

NAY: none

Resolution adopted.

Street light resolution

RESOLUTION NO. 99-0621-21: Resolved by A. Tjelmeland, seconded by Schmidt to approve installation of three street lights in Northgate 2^nd Addition.

AYE: Schmidt, A. Tjelmeland, Joens, Sturgeon

NAY: none

Resolution adopted.

Ely City Council -4- June 21, 1999

Request to close Walker St

Motion by A. Tjelmeland, seconded by Joens to grant permission to close Walker St. in front of St. Johns Lutheran Church on August 22, 1999 from 11 a.m. to 3 p.m. for church to hold a Polka Dance. Motion carried.

Wage resolution

RESOLUTION NO. 99-0621-22: Resolved by A. Tjelmeland, seconded by Schmidt, to approve a $15 per month increase for the meter reader, and a 4 percent increase for rest of employees and to accept wage for librarian as set by Library Board.

AYE: Schmidt, Sturgeon, A. Tjelmeland, Joens

NAY: none

Resolution adopted.

Beer, wine and cigarette permits

Motion by Schmidt, seconded by Sturgeon, to approve renewal of beer and wine permit and Sunday Sales permit for Hoosier Creek Store. Motion carried.

Motion by Schmidt, seconded by Joens, to approve renewal of cigarette permits for Hitch-In-Rail, Cleppe's and Hoosier Creek Store. Motion carried.

Improvements to Waste Water Treatment - Ed Brinton

Mayor explained that he had received a proposal from Ed Brinton of MMS Consultants for support services in addressing Waste Water treatment

RESOLUTION NO. 99-0621-23: Resolved by A. Tjelmeland, seconded by Schmidt, to enter into a contract with Ed Brinton and MMS Consultants per the proposal dated June 18, 1999.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Council reviewed letter from Hall & Hall Engineer in regard to Banner Valley Road improvements. Official action will take place at next meeting. Council stated support for the proposal.

Mayor presented proposal from TJ Construction and Rob Brown for replacement of sidewalks along Dows St.

Motion by Sturgeon, seconded by Schmidt, to adjourn. Meeting adjourned, 10:16 p.m.

_____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_______________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

May 10, 1999

Meeting called to order at 7:30p.m. by Mayor Thomas M. Tjelmeland. Present: F. Joens, A. Tjelmeland, K. Schmidt, Don Sturgeon. Absent: J. Kuntz (excused). Guests: Galen Mehmen, Keith Schulte, George Reyhons, Paul Croy, Glenn Klinsky, Gary Whittom, Dan Swick,, Sheriff Deputy-Lyle Rusk.

Motion by Schmidt, seconded by Joens, to approve submitted agenda and add a discussion item in regard to open spaces for new developments. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to approve minutes of April 12, 1999. Motion carried.

Motion by Sturgeon, seconded by Schmidt, to pay submitted bills. Motion carried.

Dan Swick, from South Slope Telephone, submitted a revised agreement for use of City Water Tower for an antenna for their use to supply local cellular services. Mr. Swick explained that the revised agreement addresses the concerns in the letter from City Attorney, Bob Hatala. However, it does not change the terms establishing the length of the agreement. Mayor Tjelmeland explained that he understood that with the way technology is changing, it would be difficult for South Slope to know if they will, in fact, need the water tower for an antenna for that length of time. South Slope has also agreed to enlarge the accessory building to 10 feet wide x 14 feet long, which will allow 4 feet of the building to be available for City use. Mr. Swick asked Council for authoriy to give Iowa Wireless the Right To Proceed (RTP) for engineering. Mayor Tjelmeland will check with City Attorney to see if public hearing is required and the revised draft will be delivered to Mr. Hatala.

RESOLUTION NO. 99-0510-15: Resolved by A. Tjelmeland, seconded by Joens, to issue to South Slope Telephone the right to proceed with obtaining engineering services, with reservations.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: None

Resolution adopted.

George Reyhons, Paul Croy and Glenn Klinsky, acting on behalf of the American Legion, explained that the Legion has some funds and would be willing to donate those funds for a pavilion in Schulte Park. George submitted some very preliminary drawings. This building will be 24 feet wide and 32 feet long. The site already has sewer and water to it but there may be problems because of the limestone that is so near the surface. They will also be installing electrical outlets in the building to allow for warming dishes and coffee pots. There is a maximum of $5000 available from the Legion, Keith Schulte will also donate funds and there are a few businesses that have agreed to donate services.

Discussion held on naming the pavilion. It was suggested that Vavra/Reyhons Pavilion would be nice. The original agreement with Schulte was to name the Park after Dale J. Schulte and Mayor will look into getting a monument of some kind that would have the name of the park inscribed.

Motion by Schmidt, seconded by Joens, to extend sincere thank you to the American Legion and Schulte Development for their dedication to the City and approve erection of pavilion in Schulte park as proposed by George Reyhons, on behalf of American Legion. Be it further moved to appoint A. Tjelmeland as Council delegate to work with legion to work out final plans for this pavilion. Motion carried.

Mayor Tjelmeland explained that he had met with DNR and the City does have to proceed with lagoon improvements and does need to upgrade the current permit as it allows only 83000 gallons per day. This is not an emergency situation as DNR has determined that we are currently not doing anything that harms aquatic life. We

will need to work with a professional engineer to have them notify DNR that the City is working to meet DNR requirements. We also need to verify our flows and apply for a permit that will allow for higher flows.

Ely City Council -2- May 10, 1999

The current pumps are approximately 30 years old and new ones will allow us to get better readings on flows as we work toward lagoon improvements. The flow meter that was installed in October has never worked correctly and recently was sent in for repairs. We received it back today.

Mayor explained that we have proposed to use the dry well as wet well and that will double our storage capacity. DNR approves of this measure.

Bids were submitted for lagoon pumps. Galen Mehmen has recommended that we accept the bid from Quality Flow Systems even though it is slightly higher as they have a higher quality pump and are giving a 7 year warranty as opposed to a 5 year warranty from Mississippi Valley Pump. Even with the new pump, the flow rate problem will still not be solved.

RESOLUTION NO. 99-0510-16 Resolved by Schmidt, seconded by Joens, to approve purchasing pump from Quality Flow Systems at a cost of $20,657 and leave to discretion of Mayor and Galen whether to use the returned flow meter or purchase a new one.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Deputy Sheriff gave report.

Motion by Sturgeon, seconded by A. Tjelmeland, to table Poplar Street Curb & Gutter Project. Motion carried.

Mayor informed Council that he has received an oral estimate from Rob Brown to install storm sewer and fix corner on Broadview Court. The cost will be $12,000 to $16,000. There was also short discussion about putting in 4 inch tubing.

RESOLUTION NO. 99-0510-17: Resolved by Schmidt, seconded by A. Tjelmeland, to authorize proceeding with Broadview Storm Sewer after finalizing proposal with Rob Brown and receiving written estimate.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens.

NAY: none

Resolution adopted.

Discussion held on Ordinance No. 158 – Mandatory recycling of corrugated cardboard. It was suggested that it should not be the responsibility of Ely to adopt this ordinance. If Blue Stem changes rules down the road, the City will have an ordinance that is not needed.

Mayor Tjelmeland asked twice for a motion to place Ordinance No. 158 on third reading. No motion was made and third reading died for lack of motion.

Keith Schulte explained that after meeting with Mayor and Mayor Protem, he had requested that his City Engineer submit a proposal for City share of engineering costs for Banner Valley Road Improvements. Nothing has been submitted in writing, but Keith said he had talked to the Engineer and was told the cost would be about $4400.

Motion by A. Tjelmeland, seconded by Sturgeon, to table Banner Valley Improvements until Hall & Hall Engineering submits the required paperwork. Motion carried.

Ely City Council -3- May 10, 1999

Mayor Tjelmeland explained that in the near future the City will need to up-grade Banner Valley Road and TIF funds will be needed for that.

Letter was received from Friendship Club requesting the fee be waived for use of the Community Center for their

monthly potluck. Mayor recommended this waiver be granted.

Motion by Joens, seconded by Sturgeon, to waive Community Center fee for Friendship Club for noon potluck on 3^rd Tuesday of each month. Motion carried.

Motion by A. Tjelmeland, seconded by Joens, to appoint Pat Engel to Plan and Zoning Commission. Motion carried.

Mayor Tjelmeland proclaimed May as Poppy Month.

Because of conflicts, Mayor set the 3^rd Monday of June at 7:30 p.m. as time and date for regular June Council meeting.

Karl Schmidt suggested Council consider having a percentage of each new subdivision be set aside for open spaces. He was open to any ideas the Council had on how this could work for Ely. Mayor noted that Ely requires larger lots than many surrounding cities, so if we require open spaces dedications, we may need to consider reducing some lot sizes requirements to insure the lots are able to be sold reasonably.

Keith Schulte explained that as a developer, he is supportive of the requirement, but the City needs to be sure that they get the dedicated land in a size, shape and location that is useful. He also suggested that it would be less expensive to consider land that is not currently in an area that has improvements installed.

Motion by Schmidt, seconded by Joens, to adjourn. Meeting adjourned, 10:01 p.m.

_____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_______________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

April 12, 1999

Meeting called to order at 7:30 p.m .by Mayor Thomas Tjelmeland. Present: F. Joens, K. Schmidt, A. Tjelmeland. Absent: J. Kuntz (excused). Guests: Tom Watson, Galen Mehmen, Keith Schulte, George Reyhons, Audrey Yarbrough, Gary Whittom, Tami Fiala, Steve Noack, Andy Anderson, Mark Ditch, Sheriff Deputy-Sherry Correia.

Motion by A. Tjelmeland, seconded by Joens., to approve agenda. Motion carried.

Motion by Schmidt, seconded by Joens, to approve minutes of March 15, 1999. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to pay bills, as submitted. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, that March Financial Report be placed on file. Motion carried.

FUNDMARCH RECEIPTSMARCH EXPENSESGENERAL FUND10,008.8511,223.24ROAD USE6,510.953,956.68DEBT SERV 705.53 PROJECT140,000.0045,619.58SANITARY FUND3,925.712,413.99WATER FUND115,910.313,721.13SEWER FUND4,807.691,421.64

George Reyhons asked about refilling and reseeding the ditch area in front of his house. Mayor will work with Gary Whittom to take care of this as it was disturbed by a City authorized project.

Appointment to City Council – Don Sturgeon

Motion by A. Tjelmeland, seconded by Joens, to approve the appointment of Don Sturgeon to serve as Council person because of the vacancy created by Maynard Luth. Motion carried. Mayor Tjelmeland swore Don Sturgeon in at 7:44 p.m.

Tami Fiala – Mid American Energy

Tami Fiala, from MidAmerican Energy, introduced herself and explained that she will be available for any concerns or questions that may arise in relation to gas service to the community. MidAmerican has $250 available and will forward it to the City when letter is received stating the City’s desire for the funds and for what purpose the funds will be used. There may be funds for the Fire Department also, but Tami will work with Chief or Assistant Chief before making a decision.

South Slope Telephone – Use of Water Tower

Mark Ditch addressed Council and informed them that South Slope has purchased Mid America Cable and will take over on June 30, 1999. Mark introduced Andy Anderson of Iowa Wireless who explained he is requesting use of water tower for their antenna. This will enable the citizens of Ely to receive more consistent and reliable service. Iowa Wireless will be building a small 8’ x 10’ building at the base of the tower with connections running up to the tower to the antenna. The antenna will extend 5 to 7 feet above the tower. Mayor requested that the building be place over the entrance to the present underground water control equipment. Andy explained that the size of the proposed building will not allow room for an access to that equipment. If the City did wish that type of building, the details would have to be worked out with South Slope.

Motion by A. Tjelmeland, seconded by Joens, to submit lease agreement for antenna on water tower to City Attorney and place this item on May agenda. Motion carried.

Ely City Council -2- April 12, 1999

Deputy Sheriff, Sheriff Corriea, gave report.

Sewer Improvements – Expansion issues, costs and possible action

Mayor Tjelmeland reported on status of lagoon upgrades. At present, the City needs to continue exploring the options available. In the meantime, we need to dredge the lagoon and replace the pump. The Mayor will be meeting on April 20, with Cedar Rapids Engineering Dept. to verify what future development intentions are.

Motion by Sturgeon, seconded by Joens, to have Mayor and Wastewater Superintendent obtain bids for dredging lagoon. Motion carried.

Roger’s Creek Bridge – 28E Agreement with Linn County

RESOLUTION NO. 99-0412-10: Resolved by Schmidt, seconded by Joens, to approve agreement with Linn County for Bridge Inspections.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Resolution considering Preliminary Plat – Louis Field 4^th Addition

Preliminary Plat for Louis Field 4^th Addition was reviewed. Karl expressed concern about allowing lot #40 being a buildable lot as Flood Plain Elevations are shown as approximate. He also expressed concern about landlocking land to the south even though it is currently in the County. Further discussion held on placement of cul-de-sac and how this would impact the Third Addition. The overall annexed area does not have any green space dedication, and that should also be addressed.

RESOLUTION NO. 99-0412-11: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve Preliminary Plat of Louis Field 4^th Addition and direct developers engineer to submit “as builts” before submitting final plat, subject to North Drive being changed to an ordinary cul-de-sac being equal on both sides; 100 year flood plain being shown as actual; plat show there are just 3 lots with outlot A being dedicated to the City; outlot B be made part of lot 12 of Louis Field 2^nd Addition, if legally possible.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Preliminary & Final Plat-Barnard’s 1^st Addn. To Johnson Co.

RESOLUTION NO. 99-0412-12: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Preliminary and Final Plat of Barnard’s First Addition to Johnson County containing one lot.

AYE: Schmidt, Sturgeon, Joens, A. Tjelmeland

NAY: none

Resolution adopted.

Street Light Resolution – Southbrook 5^th Addition

RESOLUTION NO. 99-0412-13: Resolved by A. Tjelmeland, seconded by Schmidt, to approve street light resolution for Southbrook 5^th Addition which will include 3 new 100 watt lights.

AYE: Joens, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Appointments - Board of Adjustment – Dave Krob

Mayor appointed Dave Krob to fill the vacancy on the Board of Adjustment created by the resignation of Don Sturgeon.

Motion by A. Tjelmeland, seconded by Schmidt, to approve Mayor’s appointment of Dave Krob to Board of Adjustment. Motion carried.

Ely City Council -3- April 12, 1999

Ordinance No. 158 – 2^nd reading and possible further action

Motion by A. Tjelmeland, seconded by Schmidt, to place Ordinance No. 158 on 2^nd reading, by reference. Motion carried. Ordinance No. 158 mandates that Old Corrugated Cardboard be recycled.

Closing portion of Walker Street for Auction

Request has been received to close a portion of Walker Street on Saturday, May 8^th for an auction. After discussion, it was determined that because of safety concerns, this closing would not be authorized.

Ely Land Use Plan – Proposal from ECICOG

Upon request from Mayor, ECICOG has submitted a proposal for a Land Use Plan. The City of Ely needs this for development and strategic planning and the legislature is currently considering requiring this type of plan from all cities.

RESOLUTION NO. 99-0412-14: Resolved by Sturgeon, seconded by Joens, to enter into an agreement with ECICOG for Land Use Planning per their proposal dated 3/30/99.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none

Resolution adopted.

Mayor noted he has concerns about the amount of time it is taking to review building permits and would like to discuss this situation further at the May meeting.

Tjelmeland will be contacting Gee Grading about sweeping City streets as this is a budgeted item.

Galen Mehmen explained that we have a flow meter that was installed and has never worked more than three weeks at a time. The supplier is submitting bills and we do not wish to pay them as the flow meter is still not calibrated. More information on this will probably come before the Council at a later date.

Motion by Joens, seconded by Schmidt, to adjourn. Meeting adjourned, 10:20 p.m.

____________________________

Thomas M. Tjelmeland, Mayor

ATTEST

______________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

March 15, 1999

Meeting called to order at 7:00 p.m. by Mayor Thomas Tjelmeland. Present: A. Tjelmeland, J. Kuntz, F. Joens, K. Schmidt (arrived 7:39). Guests: Keith Schulte, Tom Watson, Galen Mehmen, Jim Miller, Gary Koltz, Edwina & Mark McLees.

Motion by A. Tjelmeland, seconded by Joens, to approve agenda as presented. Motion carried.

Tjelmeland noted that minutes of February 15, 1999, should be corrected showing that Jerry Kuntz was appointed as alternate to 911 and he was appointed as delegate. Motion by Kuntz, seconded by Joens, to approve minutes of February 15, as corrected. Motion carried.

Motion by A. Tjelmeland, seconded by Joens, to pay bills as submitted. Motion carried.

Motion by Kuntz, seconded by A. Tjelmeland, to place February financial reports on file. Motion carried.

FUNDRECEIVEDDISBURSEDGENERAL FUND3412.486974.59ROAD USE 5466.302917.20DEBT SERVICE225.24STREET PROJECT9868.38SANITARY2694.902422.76WATER5314.862368.44SEWER4054.961559.67

Correspondence was reviewed.

$250,000 Capital Loan Notes

Motion by A. Tjelmeland, seconded by Kuntz, to approve tax exemption certificate for Capital Loan Notes. Motion carried.

RESOLUTION NO. 99-0315-06: Resolved by A. Tjelmeland, seconded by Joens, to approve and authorize a form of Loan Agreement and authorize and provide for the issuance of Capital Loan Notes in the amount of $250,000 and levy a tax to pay the Notes.

AYE: A. Tjelmeland, Kuntz, Joens

NAY: none

Resolution adopted

Ordinance Designating No Parking Zones

Discussion held on establishing “no parking” regulations for both sides of the streets in residential districts. It was determined this should be explained in Mayor’s Spring letter.

Motion by Kuntz, seconded by A. Tjelmeland, to table “No Parking” ordinance until notice has been sent out in Spring letter. Motion carried.

Sewer Improvements – Expansion issues and costs

Mayor informed Council that DNR has issued a moratorium on sewer permits for the City. Mayor gave brief account of the past research and action that has been taken by the City in regard to proceeding with needed upgrades.

Ely City Council -2- March 15, 1999

Mayor set Wednesday, March 24, 1999, at 7:30 p.m. as date and time for Special meeting to discuss this at greater length.

Gary Krultz, from Automated Systems in Ames, gave presentation on “package plants” that may be an option for Ely. These are Biolac Systems and are classified as activated sludge systems. They have worked very well for a number of Cities. The Council was encouraged to tour some of the existing systems.

Dows Street and Poplar Street Curb, gutter, Pavement and Sidewalk Project

City Engineer has submitted an update of costs for this project but further clarification is needed.

Motion by A. Tjelmeland, seconded by Joens, to table Dows & Poplar Street Improvement Project until Special meeting of 3/24. Motion carried.

Resolution approving Special Assessment Agreement for Jappa Road Curb and Gutter

RESOLUTION NO. 99-0315-07: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Special Assessment Agreement for Jappa Road Curb and Gutter and assess this at a rate of 6% interest.

AYE: A. Tjelmeland, Schmidt, Kuntz, Joens

NAY: none

Resolution adopted.

Request to reduce Letter of Credit for Louis Field 3^rd Addition

RESOLUTION NO. 99-0315-08: Resolved by Schmidt, seconded by Kuntz, to reduce letter of Credit by $40,000 for Louis Field Addition with the stipulation that it be extended to April 1, 2000.

AYE: A. Tjelmeland, Schmidt, Kuntz, Joens

NAY: none

Resolution adopted.

OCC Ordinance – First Reading and possible further action

This ordinance has been reviewed by City Attorney and current waste hauler and neither has expressed any concerns.

RESOLUTION NO. 99-0315-09: Resolved by Kuntz, seconded by Joens, to place Ordinance No. 158 on first reading by title only. Ordinance No. 158 mandates that Old Corrugated Cardboard be recycled

AYE: Joens, Kuntz, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Recreation Committee Ordinance Revisions

Motion by A. Tjelmeland, seconded by Schmidt, to table Recreation Commission ordinance to next month. Motion carried.

Appointments

Mayor Tjelmeland appointed Angie Boyd to serve unexpired term on Library Board.

Motion by Schmidt, seconded by A. Tjelmeland, to approve Library Board appointment. Motion carried.

Mayor Tjelmeland reappointed Mike Machula and Randy Zbanek to two year term on Park Committee

Motion by Kuntz, seconded by Schmidt to approve appointments to Park Committee. Motion carried.

Ely City Council - 3- March 15, 1999

Motion by A. Tjelmeland, seconded by Schmidt, to appoint Don Sturgeon to fill unexpired term on City Council, with appointment to expire after votes are canvassed in next Municipal election. Motion carried.

(Because publication of intention to fill vacancy is required before appointment may be effective, and publication was not made before this meeting, the appointment of Don Sturgeon shall be done again as the first item on the agenda at the regular meeting in April 1999, unless a petition is received objecting to this appointment)

Discussion held on changing the term of office of one of the Council seats so that only two seats would be up for election at the same time as the Mayor’s seat is up for election. Clerk will get information on this procedure.

Renewal of Liquor and Beer and Sunday Sales

Motion by A. Tjelmeland, seconded by Joens, to approve renewal of Cleppe’s Beer Permit and Sunday Sales Permit. Motion carried.

Motion by A. Tjelmeland, seconded by Kuntz, to approve renewal of American Legion Liquor and Sunday Sales Permit. Motion carried.

Discussion held on funding for preliminary plans for Fire Station and Library. Al Tjelmeland explained that the need for a siren in the south part still exists. Cost will be around $15,000 and the City is looking into getting funding from Alliant/IES.

Motion by A. Tjelmeland, seconded by Schmidt, to adjourn. Meeting adjourned, 8:50 p.m.

______________________________

Thomas M. Tjelmeland, Mayor

ATTEST:____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

February 15, 1999

Meeting called to order at 7:00 p.m. by Mayor Thomas Tjelmeland. Present: J. Kuntz, A. Tjelmeland, K. Schmidt. Absent: F. Joens, M. Luth. Guests: Mike Berkshire, Julie Vorhes, Keith Schulte, Tom Watson, Ken Brickner, Steve Noack.

Motion by A. Tjelmeland, seconded by Kuntz, to approve agenda. Motion carried.

Motion by Schmidt, seconded by A. Tjelmeland, to approve minutes of January 11, as presented and minutes of January 27, as corrected (show absences of Mayor and Councilman Tjelmeland as excused absences). Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to approve payment of bills, except for Shive/Hattery bill which shall be paid at discretion of Mayor after detail bill is received. Motion carried.

Motion by A. Tjelmeland, seconded by Kuntz, to place on file financial reports of January 1999. Motion carried.

Public hearing opened at 7:13 p.m. on FY2000 budget. No written or oral objections received.

Motion by Kuntz, seconded by Schmidt, to close public hearing at 7:14 p.m. Motion carried.

RESOLUTION NO. 99-0215-03: Resolved by Schmidt, seconded by A. Tjelmeland, to approve the FY2000 budget with a levy of $9.31122 per thousand of property valuation.

AYE: Schmidt, Kuntz, A. Tjelmeland

NAY: none

Resolution adopted.

RESOLUTION NO. 99-0215-04: Resolved by A. Tjelmeland, seconded by Kuntz, to accept proposal from Dain Rauscher of West Des Moines, IA., to purchase $250,000 G. O. Capital Loan Notes, Series 1999.

AYE: A. Tjelmeland, Schmidt, Kuntz

NAY: none

Resolution adopted.

Mike Berkshire from Blue Stem Agency addressed the Council in regard to supporting the corrugated cardboard ban. Council requested that City Attorney review the proposed ordinance before placing it on first reading. This ordinance should also be reviewed by our hauler.

Motion by A. Tjelmeland, seconded by Schmidt, to table OCC Ordinance and send to City Attorney for review. Motion carried.

Preliminary Plat of Louis Field 4^th Addition was reviewed. Discussion held on outlot A & B. Discussion also held on flood plain problems that could arise if this plat was approved as presented. It was noted that the cul-de-sac encroaches into the area that has been approved as the third addition..

Motion by Schmidt, seconded by A. Tjelmeland, to table preliminary plat of Louis Field 4^th Addition and send it back to developer for further study. Motion carried.

Discussion held on revisions to Ordinance for No Parking Zones. Mayor recommended that parking be limited to one side of street on all streets that ar 28feet or less in width. Karl suggested that notification be made to residents before placing this ordinance on first reading. This notification could be part of Mayor’s spring letter.

Motion by Kuntz, seconded by Schmidt, to table “No Parking Ordinance” to March meeting. Motion carried.

Ken Brickner from, Shive Hattery Engineers, addressed Council inn regard to options for San Sewer treatment. Mayor will do further research with IDNR and City Engineer will get life cycle costs of some of the options. They will also put together costs for package plants and engineering costs.

RESOLUTION NO. 99-0215-05:

ELY CITY COUNCIL

SPECIAL MEETING

January 27, 1999

Meeting called to order at 7:05 p.m. Present: Schmidt, Joens, Kuntz, Luth. Absent: Al Tjelmeland, Mayor Tom Tjelmeland.

Motion by Schmidt, seconded by Joens, to appoint Maynard Luth as Chairman for this evening's meeting. Motion carried.

Motion by Kuntz, seconded by Schmidt, to approve agenda. Motion carried.

Jerry Kuntz explained that he had contacted McLeod in regard to installing cable in Ely. He was told that it will not be available for approximately two years.

RESOLUTION NO. 99-0127-02: Resolved by Kuntz, seconded by Joens, to authorize deferment for property owner of 170 Worley Lane to connect to sanitary sewer line when the adjacent property is developed as the nearest sewer line is over 150 feet away.

AYE: Joens, Kuntz, Schmidt, Luth

NAY: none

Resolution adopted.

Council held work session on FY2000 budget.

Motion by Joens, seconded by Schmidt, to set February 15, 1999, at 7:00 p.m. as time for public hearing on FY2000 budget, and direct City Clerk to publish notice. Motion carried.

Motion by Kuntz, seconded by Joens, to adjourn. Meeting adjourned, 8:27 p.m.

___________________________________

Maynard Luth, Chairman

ATTEST:

____________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

January 11, 1999

Meeting called to order at 7:12 p.m. by Mayor Protem Al Tjelmeland. Present: Joens, A. Tjelmeland, Schmidt. Absent: Mayor Tjelmeland, Kuntz, (both excused) Luth (unexcused). Guests: Ned Wright, Gary Whittom

Motion by Schmidt, seconded by Joens, to approve agenda. Motion carried.

Motion by A. Tjelmeland, seconded by Joens, to approve minutes of December 14, 1998, and December 21, 1998. Motion carried.

Motion by Schmidt, seconded by Joens, to approve payment of submitted bills. Motion carried.

Motion by Schmidt, seconded by Joens, to accept December Financial reports and place them on file. Motion carried.

Walter (Ned) Wright presented a plaque to Al Tjelmeland in appreciation of Al’s distinguished public service to the Linn County Emergency Management Commission. Al served as Chairman to this organization and Ned explained that under his guidance, small cities in the County have been given a larger voice in the decision making of the Commission.

Motion by Schmidt, seconded by Joens, to recognize Al Tjelmeland’s time, efforts and contributions to the Emergency Management Commission for a number of years and for the advancement of small cities in the decision making process. Motion carried.

Deputy Sheriff presented a list of Sheriff services made in the last month.

A citizen of Broadview Ct. expressed concern about the water running on the street from sump pumps. This water is freezing and creating a large amount of ice on street which presents a safety hazard. This problem has been brought before the Council in the past and it needs to be addressed. Al Tjelmeland explained that the City will need to look into installing storm sewer on both Broadview and Hillcrest, which is the only way this problem can be alleviated.

Public hearing opened at 7:43 p.m. on Issuance of $250,000 General Obligation (GO) Capital Loan Notes. No written or oral objections received. Hearing closed at 7:45 p.m.

RESOLUTION NO. 99-0111-01: Resolved by Schmidt, seconded by Joens to institute proceedings to take additional action, which will allow City to receive bids for $250,000 G. O. Notes.

AYE: Joens, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Motion by A. Tjelmeland, seconded by Joens, to authorize Mayor and City Clerk to enter into agreement with Linn County Sheriff’s Department for Sheriff services in FY00 for 15 hours a week at a rate of $17 per hour. Motion carried.

Discussion held on parking zones. Gary Whittom explained the problem with snow removal because of cars that are not moved in a timely manner after a storm.

Ely City Council -2- January 11, 1999

Parking at Post Office was also discussed. It was noted that parking all the way to end of curbing presents a visibility problem but it would be hard to enforce removal of this parking privilege. An ordinance has been adopted to make this a four way stop, but it is not possible to erect signs on posts at this intersection. An overhead light is possibly the only solution. Gary was directed to research this issue.

Discussion held on office policy for financial reimbursement for damages caused by snow removal operations. It was suggested that backing over mailboxes should be covered at City expense to not exceed $20. If the weight of the snow knocks the box or post over, it will not be the City’s responsibility. It was also noted that the City will not replace sod that is inadvertently damaged by snow removal operations.

Council discussed scheduling for winter Council meetings. It was decided there will be a special work session for budget on January 27, 1999, and the regular meetings for February and March will be the third Monday of the month instead of the second Monday.

Council held work session on FY2000 budget.

Motion by Schmidt, seconded by Joens, to adjourn. Motion carried. Meeting adjourned, 9:47 p.m.

____________________________________

Al Tjelmeland, Mayor Protem

ATTEST:

_____________________________

Roberta A. Hamdorf, City Clerk