ELY CITY COUNCIL

SPECIAL MEETING

December 15, 2001

Meeting called to order at 9:00 a.m. by Mayor Thomas M. Tjelmeland. Present Don Sturgeon, Mark Banowetz, Al Tjelmeland, Karl Schmidt. Absent: Juan Trevino (excused). Also present: Ed Brinton.

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

Sanitation Contract

After review of three options for trash and recyclable collection as presented by Waste Management of Iowa, Mayor recommended that Council approve option #2. Discussion held on revising ordinance for recyclable containers. It was suggested that ordinance be revised so that each resident receives a recyclable container and until that is returned, the City will not refund water deposit. Ordinance should state that container and lid must be returned in reusable condition.

Motion by Schmidt, seconded by Sturgeon, to accept Option Number Two as presented by Waste Management of Iowa and extend contract for Sanitation services on a month-to-month basis until a formal contract is completed. Motion carried.

FY2003 Budget Work Session

Work session was held on FY2003 budget. Mayor stated that effective immediately, he is recommending that ECICOG or the City of Solon be contacted to perform the work of Building Official. It is a time consuming job and he does not have the time to track the violations and concerns that are arising in this area.

Mayor also explained that City needs to finalize the 28E Agreement with the Fire Department and determine how to set up operations to allow them to keep some autonomy. Discussion proceeded on City’s budget obligation. Al reported that it was determined that because of the financial outlay of the City of Ely for the construction of the new building, the City of Ely would not make any contribution to the Fire Department for the next five years and the money that was formally budgeted for that purpose would go for bond retirement.

City will be proceeding with Library renovation and purchase of new park..

General Maintenance for City will need to include street work; specifically scarifying and chip and seal of Walker St.

Discussion held with Project Engineer, Ed Brinton, on upgrades to sewer and water plant. Ed distributed an updated time and financial report. Because of the improvements made in the last couple of years, a new sewer plant will not be needed quite as soon as originally thought. Discussion held on getting an emergency pump for Well #1. It was determined that, because of the age of the present pump, City should replace that pump as soon as possible. To prevent the need to rely completely on Well #2, it was determined that City needs to start procedures to do design work for 150 to 200,000 gallon water storage tank that would be located behind new fire station.

Motion by A. Tjelmeland, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 11:57 a.m.

__________________________

Thomas M. Tjelmeland, Mayor

ATTEST:_________________________

Roberta A. Hamdorf, City Clerk

Ely Budget Notes December 15, 2001

Items discussed as part of planning for next budget year:

In this budget year and next, City need to do planning for improvements for west end of Dows Street

Need to budget additional money for street lighting as the growth of the City requires

Library Board and Council need to look closely at Library budget for necessary increases for staffing and operations based on the use when renovation is complete

City needs to check into a skid loader/tractor for street and park use – set aside funds in reserve for future purchase?

Get estimate on cost of shed to cover sand - $40,000 - $50,000?

Check with County for cost for street painting

Set aside $5000 for Jappa Road work as indicated by 28E agreement

Pursue Chip and seal and ditch cleaning of Roger’s Creek Road

Set aside approximately $50,000 for chip and seal of Banner Valley Road.

Need to pursue immediately soil testing for waste water expansion

Water shed development for Hoosier Creek – can work with other agencies – approximately $800,000 in grant funds available for wetland development

Explore possibility of installation of 200,000 water storage tank

Emergency pump for Water Well #1 – $60,000?

ELY CITY COUNCIL

REGULAR MEETING

December 10, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Karl Schmidt, Don Sturgeon, Mark Banowetz, Al Tjelmeland. Absent: Juan Trevino (excused). Guests included: Jim Miller, Rachel & Chet Hendrickson, George Storm, Marc Rush, Dennis Heggen, Dan Emig, Dale Stanek, Duane Kunkel, Ronald & Lloyd Duffe.

Mayor welcomed Mark Banowetz as newly elected Council person. Mark has been sworn in and will finish up the term of Frank Joens and begin his own four year term on January 1, 2002.

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

Motion by A. Tjelmeland, seconded by Schmidt, to approve minutes of November 12, 2001, as submitted. Motion carried.

Motion by Sturgeon, seconded by Schmidt to place on file the November Treasurer’s report. Motion carried.

REVENUES (November)EXPENSES (November)GENERAL FUND41,648.7029,391.36ROAD USE TAX6,195.8816,141.69DEBT SERVICE10,736.8130,371.25TIF FUND92,810.93IPERS(Trust & Agency)653.0684.18LIBRARY PROJECT142.50STREET PROJECT3007.00141,745.42FIRE STATION PROJECT1,971.93SANITARY UTILITY4,532.062,388.13WATER UTILITY6,816.683,097.20SEWER UTILITY8,951.0835,880.41

Lloyd Duffe asked for public officials to work with citizens to discuss storm water concerns throughout the City. He asked to have his letter placed on file. Council has addressed these concerns periodically and plans to spend additional time during the budget process to address this concern. Mayor was contacted today by Glenn Buresh in regard to Hoosier Creek Drainage. There is $700,000 currently available for needed work and a representative from the City of Ely should be involved in the meetings being held. Plan and Zoning Commission should work on this as to what will be required for engineering. Mayor explained that citizens also are welcome to become involved.

Rezoning of Parcel A, P O S #618

Public Hearing opened at 7:43 p.m. on rezoning of Parcel A, P O S #618, currently owned by Dan Emig. Mr. Emig’s attorney requested that Council take no action on this as he would like to participate in discussions and is not available this evening. No further oral or written comments were received, but Rachel Hendrickson asked if she could speak at the January meeting. She was assured that will be possible.

Motion by A. Tjelmeland, seconded by Schmidt to recess Public Hearing on rezoning of Parcel A P O S #618, until January 14, 2002 at 7:30 p.m. Motion carried.

Ely City Council -2- December 10, 2001

Speed limit change – State St

Public Hearing opened at 7:50 p.m. on changing speed limit along State Street. No oral or written objections received. Al Tjelmeland commented that providing safety to our citizens is important and this reduction of speed will do that. Karl Schmidt agreed. Hearing closed at 7:52 p.m.

Motion by A. Tjelmeland, seconded by Sturgeon, to place Ordinance No. 159 on first reading by title only. Motion carried.

ORDINANCE NO. 159 AN ORDINANCE TO REDUCE THE SPEED LIMIT FROM THE NORTH CITY LIMITS TO A POINT 500 FEET SOUTH OF THE NORTH CITY LIMITS FROM 55 MPH TO 45 MPH AND TO REDUCE THE SPEED LIMIT FROM A POINT 500 FEET SOUTH OF THE NORTH CITY LIMITS TO A POINT 1500 FEET SOUTH OF THE NORTH CITY LIMITS FROM 45 MPH TO 35 MPH.

Purchase of Norman Property for Park Land

Public hearing opened at 7:55 p.m. on purchasing of Norman Property for park and recreation purposes. No oral or written objections received. Discussion held on what the interest on this purchase will be. Mayor will discuss this with the Norman’s and report back to Council. Hearing closed at 7:58 p.m.

RESOLUTION NO. 01-1210-60: Resolved by Schmidt, seconded by A. Tjelmeland, to authorize purchase of Norman property subject to Council approving contract terms.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Banowetz

NAY: none

Resolution adopted.

Solid Waste Contract

Denny Heggen from Waste Management explained the three options available for Sanitary Collection for the City of Ely. Mayor explained that the City needs to have a more complete contract and should proceed with a month to month contract until that is accomplished. Council will review the information presented and take action on this at the budget meeting of December 15, 2001.

Banner Valley/Main Street Project

Motion by Schmidt, seconded by Sturgeon to approve Change Orders Number 4, 5, and 6 to Dave Schmitt Construction in the amount of $25,197.65 for the Banner Valley/Main Street Improvement Project. Motion carried.

RESOLUTION NO. 01-1210-61: Resolved by A. Tjelmeland, seconded by Schmidt to approve Pay Estimate #3 for $196,055.42 to Dave Schmitt Construction for Banner Valley/Main Street Improvement Project.

AYE: Schmidt, Sturgeon, Banowetz, A. Tjelmeland

Nay: None

Resolution adopted.

Main Street Sanitary Sewer and Water Project

An Extra Work Order was submitted and needs to be reviewed before Council will be able to act on it. Mayor and Clerk will get more information and this will be on next agenda for Council review. Council would like Pay request revised to reflect a deduction for the items in question.

Ely City Council -3- December 10, 2001

RESOLUTION NO. 01-1210-62: Resolved by Sturgeon, seconded by A. Tjelmeland to approve Pay Estimate #2 for $13,286.18 to Bockenstedt Excavating, Inc. for work on the Main Street Sanitary Sewer and Water Project.

AYE: Sturgeon, Banowetz, A. Tjelmeland, Schmidt

NAY: none

Resolution adopted.

Fire Station Project

RESOLUTION NO. 01-1210-63: Resolved by Sturgeon, seconded by Schmidt to approve Change Order # 2 for an increase of $68,408.00 to Point Builders for Parking Lots and Doors for the Fire Station Project.

AYE: Banowetz, A. Tjelmeland, Schmidt, Sturgeon

NAY: none

Resolution adopted.

Al reported that there will be different roofing on the new fire station and heat is available in the old station.

Easement for Well at Maintenance Building

Motion by A. Tjelmeland, seconded by Schmidt, to authorize Mayor and Clerk to sign an agreement to enter into an agreement with James and Kathryn Miller for easement for Well at site of new Maintenance Building. Motion carried.

Consideration of change to No Parking Zones

Council reviewed the changes and determined that they would like to have a public hearing before any changes are made. They also would like input from residents before making changes in residential zones. Council will review this and if they want to make changes they will schedule a work session.

Sergeant Mau, from Linn County Sheriff’s Department, presented reports on speed monitoring on State Street south of Rowley Street and along west end of Dows Street.

Council discussed with Ed Brinton, Project Engineer, process for applying for IDNR loan for water improvements. This money will be available and will have about a 3% interest rate.

Mayor explained that Gary Hoppes has agreed to put in a water detention basin to help with Hoosier Creek Drainage.

Mayor also explained that Cedar Rapids Science Station has received $525,000 from Vision Iowa Fund and will be doing a solar system display. They may wish to have a site in Ely that would be designated as the planet Jupiter. More details will be available soon.

Chet Hendrickson asked about zoning along State Street. This is confusing and will need to be addressed. Mayor will talk to the attorney before the new zoning map is adopted.

Motion by Schmidt, seconded by A. Tjelmeland, to adjourn. Motion carried. Meeting adjourned, 9:36 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:_____________________________

Roberta A. Hamdorf, City Clerk

CLERK’S NOTES

1. Need Ely representative for Hoosier Creek Drainage Committee – Glenn Buresh, Contact person

Mayor to contact Norman’s in regard to finalizing contract for Park purchase

Finalize Agreement with Miller’s for Well easement

ELY CITY COUNCIL

REGULAR MEETING

November 12, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Don Sturgeon. Absent: Juan Trevino (excused) Guests included: Jim Miller, Rachel Hendrickson, Carole and Blake Ford, Dan Emig, Tom Pence, Gary Whittom, Lloyd Duffe, Diane Karlan, Tom Duffy.

Mayor explained that at the present the Council consists of only three members. This is because of the resignation of Frank Joens and Juan Trevino being called to active duty. Mark Banowetz was elected by write in ballot and will take office as soon as possible after the canvas of votes will be on November 13^th. The City Council is unable to proceed with action related to the Emig rezoning request until we have at least 4 Council members present. We could proceed with the public hearing, but the City Attorney has advised that it would be easier for Council members to evaluate the situation if they could also be present for the public hearing. The public hearing will, therefore, be removed from this agenda and deferred to the December meeting.

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

Motion by A. Tjelmeland, seconded by Schmidt, to approve minutes of meeting of October 15, 2001. Motion carried.

Motion by Schmidt, seconded by Sturgeon, to approve payment of bills as submitted and also approve the bill submitted by Fesler’s. Motion carried.

Motion by Sturgeon, seconded by A. Tjelmeland, to place on file October Treasurer’s report. Motion carried.

Correspondence was reviewed and placed on file. Cozzie’s have withdrawn their annexation request. Request was made for larger zoning signs. Clerk will order larger ones the next time they are needed.

FUNDREVENUES (October)EXPENSES (October)GENERAL FUND21,833.569,696.87ROAD USE TAX9,634.282,993.93DEBT SERVICE4,342.63TIF FUND27,169.43IPERS(Trust & Agency)322.46245.62STREET PROJECT350.0046,003.43FIRE STATION PROJECT52,178.00SANITARY UTILITY4,619.092,578.23WATER UTILITY6,771.534,815.94SEWER UTILITY6,810.583,334.20

Renewal of Liquor Permit-Odie’s

Motion by A. Tjelmeland, seconded by Schmidt, to approve renewal of Liquor Permit for Kristee’s (DBA O’dies). Motion carried.

Resignation of Council Person

Mark Banowetz will be sworn in as replacement for Frank Joens as soon as canvas is complete. Mark is out of town because of serious illness in the family. Replacement for Juan Trevino can take place at any time, but that replacement will serve only on a temporary basis until Juan returns from active duty.

Ely City Council -2- November 12, 2001

Linn County 28E Agreement for Snow Removal

RESOLUTION NO. 01-1112-57: Resolved by A. Tjelmeland, seconded by Schmidt, to approve 28E agreement with Linn County for 2001-2002 snow removal services.

AYE: Sturgeon, A. Tjelmeland, Schmidt.

NAY: none

Resolution adopted.

Request for reimbursement

Diane Karlan asked if City would reimburse them for the dust control they did on Rogers Creek Road. It was explained that Council was not requested to review the request before work was done, so it may send the wrong message if City allows a reimbursement since the request came after the work was done.

Motion by A. Tjelmeland, seconded by Schmidt, to deny request for dust control on Rogers Creek Road.

Motion carried.

Reduction of Speed Limit on State Street

Sheriff has submitted a radar report for the northerly portion of State Street. This report shows that the present speed is being exceeded and this area is still somewhat rural, so reducing the speed limit may create unnecessary problems. It was also discussed that because of the curve in this area, the speed limit being lowered to 35 may be necessary for safety concerns. Council would like to have a public hearing on this issue at the December meeting. Discussion held on the advisability of putting a stop light on State Street because of the amount of traffic at certain times of day in the area between Rowley and Fuhrmeister Streets. This issue will be studied.

Motion by A. Tjelmeland, seconded by Schmidt to set a public hearing for State Street speed limit for 7:30 p.m. on December 10, 2001. Motion carried.

Stop Sign Placement

Motion by Schmidt, seconded by Sturgeon, to place Ordinance No. 158 on first reading by title only. Motion carried.

Motion by Schmidt, seconded by Sturgeon, to waive second and third reading and adopt Ordinance No. 158.

AYE: A. Tjelmeland, Schmidt, Sturgeon

NAY: none

Ordinance No. 158 adopted.

ORDINANCE NO. 158 AN ORDINANCE AMENDING LEGALLY DESIGNATED REQUIRED STOPS IN THE CITY OF ELY.

Banner Valley & Main St Improvements

RESOLUTION NO. 01-1112-58: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Change Order No. 2 for $9,982.50 and Change Order No. 3 for $19,924.55 for the Banner Valley and Main Street Improvement Project.

AYE: Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Ely City Council -3 November 12, 2001

RESOLUTION NO. 01-1112-59: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Pay Estimate No. 2 for $130,418.79 to Dave Schmitt Construction of Cedar Rapids, IA.

AYE: Schmidt, A. Tjelmeland, Sturgeon

NAY: none

Resolution adopted.

Library Renovation

Mayor is pursuing the feasibility of doing the renovation through a “design build” process. This may not be possible and if it isn’t, it will take longer for this project to get started. Ely Manor has promised a donation of $165,000 through the Gladys Holets estate and the City expects to receive approximately $63,000 through Local Option Sales Tax Revenues.

Furnace for the old fire station has been donated but there may be some expense to hooking it up. The utility bills for the old fire station will revert to the City when the utilities are connected in the new fire station. These will need to be paid from the Library Budget.

Mayor explained that he had discussed street lighting along Banner Valley and Main Street with a representative from Alliant. He is proposing seven lights, all having underground lighting. These lights will cost about $400 each. Alliant will send a resolution for these lights.

Personnel Policy

Motion by Schmidt, seconded by Sturgeon, to table Personnel Policy until further notice. Motion carried.

Discussion Items

Discussion held on no parking zones. Establishing alternate parking for snow removal purposes, was discussed.

Budget workshop will be held at 9 a.m. on Saturday, December 15^th.

Lloyd Duffe asked if Gladys Holets would receive proper recognition for the contribution for the Library Renovation and Mayor explained that this has been discussed with the Ely Manor representatives and the recognition is part of the agreement for the funds.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 9:58 p.m.

____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

October 15, 2001

Since this is the first meeting since the September 11^th attacks, Mayor Tjelmeland asked for a few minutes of silence to remember those who have been affected by those events.

FUNDREVENUES (September)EXPENSES (September)GENERAL FUND5,311.8519,450.98ROAD USE TAX6,971.155,130.19DEBT SERVICE1,222.56 TIF FUND12,143.05 IPERS(Trust & Agency)65.49169.52LIB PROJECT107.56 STREET PROJECT 8,980.54FIRE STATION PROJECT 71,812.80SANITARY UTILITY4,398.832,641.02WATER UTILITY7,322.785,914.37SEWER UTILITY7,245.526,825.80Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Don Sturgeon, Juan Trevino. Absent: Frank Joens Guests included: Jim Miller, Duane & Connie Kunkel, Chet Hendrickson, Aaron Cooper, Dan Emig, Jim & Kathy Webster, Gary Whittom, Lloyd Duffe, Bill & Sheila Landers, Diane Karlan, Deputy Mark Seidinger.

Agenda revised to add discussion items. Motion by Schmidt, seconded by Sturgeon, to approve agenda as amended. Motion carried.

Motion by Sturgeon, seconded by Schmidt, to approve minutes of meeting of September 10, 2001. Motion carried.

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

Motion by Schmidt, seconded by A. Tjelmeland, to accept September Treasurer’s report. Motion carried.

Correspondence was reviewed and placed on file.

Louis Field Addition – Concerns

Residents of Louis Field Third Addition submitted a letter explaining some of their concerns including storm drainage, condition of the pond next to the Addition and a broken intake. City will contact the contractor in regard to the intake. Mayor explained that putting grates on intakes is not advised because of danger of animals or children being trapped in the grate during heavy storms. City is not currently able to do anything about the pond but did recommend citizens check with DNR and Board of Health. It appears that some of the drainage problems may be a result of grading done by builders. Council explained that Ely enforces the City Code but does not have any authority over covenants.

Diane Karlan asked if City would reimburse them for the dust control they did on Rogers Creek Road. Mayor explained that grading is being done at this time and since the Council was not requested to review the request before it was done, it will be necessary for them to submit a request in writing and that can be reviewed at the next meeting.

Linn County 28E Agreements

RESOLUTION NO. 01-1015-51: Resolved by A. Tjelmeland, seconded by Schmidt, to approve 28E Agreement with Linn County for Chip and Seal Project on Jappa Road for a total to not exceed $4200.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino

NAY: none

Resolution adopted.

Mayor explained that County has offered to proceed with a Chip and Seal Project on Roger’s Creek Road and give the City of Ely the opportunity to spread repayment over three years. He said the County may be willing to do the same with the ditch cleaning along that road. Council expressed concerns over doing it at this time because of damage that would occur to the Road during snow removal.

Motion by A. Tjelmeland, seconded by Schmidt, to notify Linn County that Ely does not desire cleaning of Roger’s Creek ditch until next spring and will negotiate a price at that time. Motion carried.

The Snow and Ice Removal 28E Agreement was reviewed. Mayor would like clarification on the area of Seven Sisters Road before this is approved.

Motion by Sturgeon, seconded by Schmidt, to table 28E Agreement for Snow and Ice Control until November meeting and direct Mayor to get further clarification. Motion carried.

There is also discussion with Linn County on improvements to Banner Valley Road and Worley Lane, but no 28E Agreement is ready for consideration.

Exchange of Property

RESOLUTION NO. 01-1015-52: Resolved by Schmidt, seconded by Trevino, to correct legal description for vacation of Rowley Street Extension and exchange that property for property currently owned by FJ Krob.

AYE: Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Increase of Utility rates

Motion by A. Tjelmeland, seconded by Schmidt, to place Ordinance No. 168 on second reading by title only. Motion carried.

Resolved by A. Tjelmeland, seconded by Sturgeon, to waive third reading and adopt Ordinance No. 168.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino

NAY: none

Ordinance No. 168 adopted.

ORDINANCE NO. 168: AN ORDINANCE TO INCREASE WATER AND SEWER RATES

Improvements of North Park First Addition

RESOLUTION NO. 01-1015-53: Resolved by Schmidt, seconded by A. Tjelmeland, to accept improvements in North Park First Addition, and send Final Plat to developer once required Maintenance Bond is received.

AYE: Schmidt, Sturgeon, A. Tjelmeland, Trevino

NAY: none

Resolution adopted.

Code Violations – 1921 and 2239 State St

Letter dated October 5, 2001, from Jim and Kathy , was reviewed. Council agreed the property at 1921 State Street looks considerably better and they expressed their appreciation to the Websters.

Motion by Schmidt, seconded by Trevino, to defer any further action on the Webster property at least through the winter and re-appraise the situation in the Spring and the Council looks forward to working with the Webster’s while they fully resolve the situation. Motion carried.

Council agreed that this property is still not in complete compliance but will work with the Websters as long as they continue to go forward with the clean up and the condition of the property does not go backward.

Mayor explained that the City has received complaints and questions about the condition of the property at 2239 State Street. This property is not zoned for a salvage yard and it looks like that type of business is being conducted. Property is zoned Highway Commercial.

Motion by A. Tjelmeland, seconded by Trevino, to direct the City Attorney to review the situation at 2239 State Street and notify owner of any violations, subject to other methods not correcting the situation. Motion carried.

Main Street Improvements

RESOLUTION NO. 01-1015-54: Resolved by Schmidt, seconded by Sturgeon, to approve Change Order #1 to Dave Schmitt Construction for an increase of $4145 to the Main Street Improvement Project.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino

NAY: none

Resolution adopted.

RESOLUTION NO. 01-1015-55: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Pay Estimate #1 of $37,015.55 to Dave Schmitt Construction for the Main Street Improvement Project.

AYE: Trevino, Schmidt, Sturgeon, A. Tjelmeland

NAY: none

Resolution adopted.

Motion by Trevino, seconded by Schmidt, to approve extending Main Street Project to intersection of Dows and Main Street. Motion carried.

Fire Station Project

RESOLUTION NO. 01-1015-56: Resolved by Schmidt, seconded by Sturgeon, to approve Pay Estimate No. 5 for $52,178 to Point Builders, Inc., for Fire Station Project, for a total paid to date of $412,118.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino

NAY: none

Resolution adopted.

Clerk attendance at IMFOA

Motion by Sturgeon, seconded by Schmidt, to approve request for Clerk to attend IMFOA in Des Moines on October 17 –19. Motion carried.

Lagoon Matters

Motion by Trevino, seconded by Schmidt, to table lagoon matters. Motion carried.

Proclamation – Red Ribbon Week

Mayor Tjelmeland proclaimed the week of October 21 through October 27^th as “Red Ribbon Week” in Ely and that citizens wear a Red Ribbon to show additional support for a Drug Free City.

Personnel Policy

Motion by Schmidt, seconded by Sturgeon, to table Personnel Policy. Motion carried.

Open Agenda

Juan Trevino reported that the Park Committee has decided to not seed the new Park this Fall and drainage concerns in that area will be addressed before development is finalized. Committee will make recommendations to Council as they go along and will also keep Council informed of budget suggestions.

Lloyd Duffe expressed concerns about the drainage and offered suggestions of directing drainage to Hoosier Creek.

Mayor gave report on preliminary plans for library renovation. He also explained that road to lagoon and city buildings required a great deal of rock to firm it up.

Discussion held on how to proceed with Roger’s Creek Road. It was determined that rock was needed and a single seal coat will help to preserve the rock during the winter. This can be done for approximately $5500. Along with this seal coat project, the City will need to add a single seal coat to both Fuhrmeister and Rowley St. These two project will be approximately $3000. Upon a request from City Worker, Gary Whittom, Mayor agreed to check about seal coating the east end of Banner Valley Road as discussed previously with L L Pelling.

Motion by Schmidt, seconded by A. Tjelmeland, to adjourn. Motion Carried. Meeting adjourned, 9:50 p.m.

____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

September 10, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Don Sturgeon, Frank Joens, Juan Trevino. Guests included: Jim Miller, Audrey & Vern Yarbrough, Chet Hendrickson, George Storm, Dan Emig, Jim & Kathy Webster, Gary Whittom, Randy & Kelly Zbanek, Abel Doty, Dick & Dorathy Harger, Rae Jean & Kenny Erenberger, Lloyd Duffe, Keith Carson, Mick Machecek, Matt Fluharty, Tim Grove, D. Landuyt, Pat Stanek, Carole Ford, Sue Schulte, Connie & Duane Kunkel

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

Motion by A. Tjelmeland, seconded by Schmidt, to approve minutes of meeting of August 13, 2001. Motion carried.

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

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

FUNDREVENUES(August)EXPENSES (August)GENERAL FUND4,766.137,957.91ROAD USE TAX8,239.7410,803.85DEBT SERVICE100.00TIF FUNDIPERS(Trust & Agency)191.51LIB PROJECT45.00STREET PROJECT1,375.15FIRE STATION PROJECT93,311.15SANITARY UTILITY3,731.212,859.18WATER UTILITY6,270.286,985.28SEWER UTILITY5,672.017,666.09

Correspondence was reviewed. Chamber of Commerce luncheon on September 21 will be attended by Karl Schmidt and Al Tjelmeland; Mayor may also try to make it. Repairs are being made to Rogers Creek Road.

Code Violations

Mayor summarized history of the horses being on the Harger property.

Schmidt suggested tabling any action code violations because bothersome animal section of the code is currently too vague.

Motion by Schmidt, seconded by Trevino, to table violations on bothersome animal section of the code until we have chance to clarify what is not clear. Discussion followed and Joens asked what Council liability would be if animal gets out and does damage and we haven’t taken action. Mayor said the question needs legal opinion but he would think that as long as we are working on the ordinance, there would be no liability to elected officials or the City.

A. Tjelmeland explained that there is a difference when the code is broken deliberately and when it is broken unknowingly. If we delay action while we review the code he would like a time table as to when the needed changes will be made.

Ely City Council -2- September 10, 2001

Mayor said that the current code allows no agricultural uses in residential zoning, so raising of crops would also be a violation under the current code, so this will need to be reviewed and we can try to do this during the winter.

Mayor called the question and voice vote was received. Aye vote from four members with Joens voting nay. Motion carried.

Dick Harger explained that he had a petition showing support of allowing his horse to remain and he informed the Council that he had talked to a number of people who told him barking dogs are a problem in the City. Mayor asked Dick to place the petition on file, but it was not done at this time.

Motion by Schmidt, seconded by Sturgeon, to call a 5 minute recess. Motion carried. Meeting reconvened 8:15 p.m.

Reducing Speed Limit on State Street

Jim Webster submitted petition requesting changing speed limit on North end of State Street from 45 miles per hour to 35 miles per hour. A. Tjelmeland and Trevino voiced support of this change. Discussion on whether this would take care of the problem. Mayor noted that there may be some safety issues as this area is zoned Highway Commercial and people obeying the lower speed limits will be passed by those who think it is too slow, which will have the potential of creating accidents. Mayor asked Deputy Sheriff to monitor this section and report back at next meeting. Jim Webster noted that going South out of town on State Street and going north out of town on Jappa Road, the speed limit is 25. Mayor explained that both of these areas are zoned and used as residential and therefore require different speed limits than the area in question.

Lloyd Duffe complimented Council and Mayor on establishing a four way stop at Dows and Main Street and would like Council to consider requiring three-way stop at intersection of Dows and State Street.

Motion by A. Tjelmeland, seconded by Joens, to place increasing speed limit on State Street on next agenda. Motion carried.

Increase of Utility rates - First reading of Ordinance

Council reviewed final draft of proposed utility rate increases. Public notices have been made informing public the rates were to be changed and were available for review. Discussion was held on seasonal rates and rates for irrigation systems if separate meter was installed. Provisions were made to allow for seasonal rates, but City does not wish to encourage irrigation systems.

Motion by A. Tjelmeland, seconded by Schmidt, to place Ordinance No. 168 on first reading by title only. Motion carried.

ORDINANCE NO. 168: AN ORDINANCE TO INCREASE WATER AND SEWER RATES

Final Plat – North Park First Addition (formerly Kunkel’s Addn)

Plan and Zoning has recommended approval of this plat and Mayor also recommended approval.

RESOLUTION NO. 01-0910-49: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Final Plat of North Park First Addition.

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

NAY: none

Resolution adopted.

Ely City Council -3- September 10, 2001

Motion by A. Tjelmeland, seconded by Sturgeon, to direct Clerk to not forward this plat for recording until performance bond is received or improvements have been accepted. Motion carried.

Library Remodeling – Heat for Fire Station

Mayor has talked to architect Kim Schmidt form Point Builders and will be meeting with him on Wednesday, September 12, 2001, to discuss proposal for remodeling old fire station into a library. Heaters have been removed from this building, but Vern Yarbrough said there is a heater stored at Krobs that could be used on a temporary basis.

Motion by A. Tjelmeland, seconded by Trevino, to have Library Board proceed with steps necessary to turn fire station into a library and use City funds up to $10,000 for this purpose. Funds to be reimbursed after local option sales tax revenues are received. Motion carried.

Proposal for development of new park

Council reviewed proposal from Park Commission. They are ready to proceed with park grading and seeding. Discussion also was held on need for seeding and weed control at Schulte Park. Park Commission will discuss this at the meeting of Wednesday, September 12, 2001.

Motion by Schmidt, seconded by A. Tjelmeland, to authorize up to $9000 for Park improvements with funds to be reimbursed from Local Option Sales Tax revenues. Motion carried.

Trevino presented a number of questions that will be forwarded to Park Commission for discussion at the meeting of September 12^th.

Linn County 28E Agreements

Motion made by Sturgeon, seconded by Joens, to table 28E Agreement for Jappa Road improvements and Rogers Creek ditch cleaning. Motion carried.

Closing of Walker Street

Motion made by A. Tjelmeland, seconded by Schmidt, to authorize closing of Walker Street on September 16, 2001, for Polka Fest. Motion carried.

FY2001 Street Construction Report

RESOLUTION NO. 01-0910-50: Resolved by Schmidt, seconded by Trevino, to approve FY2001 Street Construction Report.

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

NAY: none

Resolution adopted.

Report on condemnation procedures for public improvements

Clerk explained that if City is interested in obtaining additional land for sewer needs or for any other public improvement, new legislation requires that a “good faith” effort must first be made with property owner to proceed with the purchase without using eminent domain authority.

Personnel Policy Review

Motion by A. Tjelmeland, seconded by Sturgeon, to have Personnel Policy Review on next agenda. Motion carried.

Closed Session – Possible litigation in regard to improvements in Louis Field 3^rd Addition

Motion made by A. Tjelmeland, seconded by Sturgeon, to go into closed session at 9:45 p.m., to discuss possible litigation, as allowed by State Code. Motion carried.

Ely City Council -4- September 10, 2001

Motion made by A. Tjelmeland, seconded by Schmidt to go out of closed session at 9:57 p.m. Motion carried.

Motion made by Schmidt, seconded by Trevino, to authorize Mayor to meet with City Attorney to proceed with matters relating to Louis Field Third Addition. Motion carried.

Open Agenda

Discussion held on getting furnishings out of storage. Tim Grove said he would volunteer to help and this will be done before the 15^th of September.

Motion made by Sturgeon, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 10:12 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

August 13, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Frank Joens, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Absent: Juan Trevino – excused. Guests included: Jim Miller, Tammy Lint, Ed Brinton, Rachel & Chet Hendrickson, George Storm, Dan and Scott Emig, Matt Fluharty, Bonnie Levien, Gary Whittom, Robert Hatala.

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

Motion by Sturgeon, seconded by Joens, to approve minutes of meetings of July 16 and July 23, 2001. Motion carried.

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

Motion by A. Tjelmeland, seconded by Schmidt, to place on file, Treasurer’s report for July. Motion carried.

FUNDREVENUES(JULY)EXPENSES (JULY)GENERAL FUND5,997.631,168.45ROAD USE TAX6,848.193,179.19DEBT SERVICE679.66TIF FUND1,649.661,099.57LIB PROJECT670.00STREET PROJECT19,751.39FIRE STATION PROJECT82,110.37SANITARY UTILITY4,644.732,824.91WATER UTILITY6,561.822,931.10SEWER UTILITY5,329.968,802.36

Code Enforcement – 1921 State Street

Jim Webster addressed Council in regard to cleanup of his property at 1921 State St. He requested a 60-day extension due to heat and inability to find qualified buyers. It was explained that the City would not extend the deadline based on his inability to sell the materials, but the City did wish to work with Mr. Webster and will be flexible this time.

Motion by Schmidt, seconded by Joens, to allow an additional 60 days for clean up of property at 1921 State Street. Motion carried.

Main Street Curb, Gutter and Asphalt extension – From Rowley Street to Dows Street

Mayor has met with Engineer and plans are being finalized for the extension portion of the Main Street project. This will still be done for $40,000 and will include sidewalks on both sides of Main Street with curb cuts for semi access. This project will be done as a change order to Main Street project. There is a four-inch water line in this area and Mayor will be meeting with Engineer on how to proceed with connecting to that line.

Resolution No. 01-0813-46: Resolved by A. Tjelmeland, seconded by Schmidt, to approve the extension of Main Street Project from Rowley to Dows Street as shown on plans dated August 9, 2001, at cost of $40,000.

AYE: Joens, Sturgeon, Schmidt a. Tjelmeland

NAY: none

Resolution adopted.

Ely City Council -2- August 13, 2001

Rezoning of Property along State Street – Dan Emig

Discussion held on information on how property along State Street north of present TTS property is affected by the flood plain ordinance. Attorney Robert Hatala explained the ordinance addresses three levels of flood plain and requirements for building are different in each of them. The area in question will need to adhere to both the flood plain ordinance and the zoning ordinance. This property is partially in floodway and partially in floodway fringe area. Robert Hatala suggested that a date be set to have a workshop to further explain how the flood plain regulations are to be interpreted. Plan and Zoning members will be invited to this workshop.

Rachel Hendrickson explained that the Plan and Zoning had denied the requested industrial zoning request as it would not be consistent with the City’s current comprehensive plan and the site is in the flood plain. If the industrial zoning is granted, it can never be undone and a wide variety of businesses can go in there. In the future the property could be sold for an industrial use that would not be good for the City and the City would not be able to stop the business from locating there.

Motion by A. Tjelmeland to place Ordinance No. 168 on 1^st reading by title only. Ordinance No. 168-an ordinance to rezone property along State St from R-1 (Single Family Residential ) to M-2 (Heavy Industrial). Motion died for lack of second.

Karl Schmidt stated that he is not in favor of zoning property to M-2 when it is immediately adjacent to Residential. Consideration was given to imposing restrictions if Industrial zoning is granted. Attorney read section of State Code that allows this and although it is not often done, the State Code does make allowances for this.

Fire station Construction

RESOLUTION NO. 01-0813-47: Resolved by Sturgeon, seconded by Schmidt, to approve change order #1 for a decrease of $8,402.00 for Fire Station Project, making total cost $453,598.00

AYE: Sturgeon, Schmidt, A. Tjelmeland, Joens

NAY: none

Resolution adopted.

RESOLUTION NO. 01-0813-48: Resolved by Schmidt, seconded by Joens, to approve Pay Estimate # 3 in the amount of $89,550.00 for Fire Station Project.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Joens

NAY: none

Resolution adopted.

Increase in rates - Water and Sewer

As requested by City Council, Mayor and Clerk presented a proposal for an increase of Water and Sewer rates. Council reviewed the proposal and agreed it conformed to their guidelines.

Motion by A. Tjelmeland, seconded by Schmidt, to direct Clerk to draft an Ordinance reflecting increase in sewer and water rates as shown in proposal and to make it known that citizens are to contact Clerk’s office to review increases. Motion carried.

Ed Brinton explained that there was a possibility that the City of Ely could use a hydrated-aerated lagoon process for expansion of the waste water system. This could be done for around $450,000 but the City would need to have more land. The City can discuss this more thoroughly at the next meeting as new legislation makes it necessary to notify land owners when City’s are in the planning stages of acquiring land for public improvements. The engineer will let us know how much land the City would need for this system.

Ely City Council -3- August 13, 2001

Appointments to Park and Recreation Commission

Mayor recommended that Pat Stanek, Jeff Brunscheen and Aaron Cooper be appointed to the Park and Recreation Commission for a two-year term expiring on August 31, 2003.

Motion by Schmidt, seconded by Sturgeon, to approve appointments to Park and Recreation Commission as recommended by Mayor Tjelmeland. Motion carried.

Updating of Zoning Map

Motion by Schmidt, seconded by Joens to proceed with agreement with Shive Hattery Engineers to furnish an updated City Zoning Map at a cost to not exceed $900. Motion carried.

Personnel Policy Review

Karl explained that the Council had previously received a copy of a “marked up” sample of a personnel policy. This can be discussed further when Council members have had time to review it. This item can remain on future agendas for discussion and action

Frank Joens asked about discussing letter received in regard to horses in residential zoning. This item will be on next agenda.

Motion by Sturgeon, seconded by Joens, to adjourn. Motion carried. Meeting adjourned, 9:57 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:___________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

July 23, 2001

Meeting called to order at 7:00 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Juan Trevino, Frank Joens, Al Tjelmeland, Karl Schmidt. Guests: Jim Miller, Tammy Lint, Ed Brinton.

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

Jim Miller asked if City had schedule for Chip and Seal of his drive and if there could be a sign purchased for his drive. He was told that the Chip and Seal was not yet scheduled and the sign could be purchased.

Approving Contract and Bond for Main Street/Banner Valley

RESOLUTION NO. 01-0723-42: Resolved by A. Tjelmeland, seconded by Schmidt, to approve the contract and bonds and submitted by Schmitt Construction for the Banner Valley/Main Street Project.

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

NAY: none

Resolution adopted.

Plans were reviewed for concrete curb and gutter and asphalt overlay along Main Street from Dows to Rowley Street. This could be an add-on to the main Street Project. Council questioned the advisability of having curbs in area where semis from Krob's would be traveling. This will be researched to see if that portion should be eliminated. Council agreed to the concept of doing this change and will take final action at the August meeting.

Siren at Fire Station

RESOLUTION NO. 01-0723-43: Resolved by Schmidt, seconded by Trevino, to authorize purchase and installation of a siren for new fire station, at a cost to not exceed $15,000.

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

NAY: none

Resolution adopted.

Paving of Fire Station parking Lot

Discussion held on concrete work at fire station. When the contract for fire station was let, bidders were asked to submit an alternate bid for parking lot at fire station. Point Builders submitted a bid of $60,000 but this does not include curb and gutter. Dave Schmitt Construction has quoted about $73,000, but it does include curb and gutter

RESOLUTION NO. 01-0723-44: Resolved by A. Tjelmeland, seconded by Schmidt, to authorize negotiations of parking lot and sidewalks for fire station with 6 inch curb within parking, at a price to not exceed $73,000.

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

NAY: none

Resolution adopted.

Motion by A. Tjelmeland, seconded by Trevino, to pursue Main Street work and include 6 inch water main for future raw water transport. Motion carried.

Ely City Council -2- July 23, 2001

Purchase of 10 h.p. pump for wet well at Lagoon

Ed Brinton explained need for a 10 h.p. pump in wet well. This needs to be placed upstream form present pump as it will then prevent grease and grit clogs. The City will also need to clean this three or four times a year at a cost of about $500 each time. Cost of pump and installation will be approximately $18,500 and Ed estimated an additional $17,000 would be needed for installing a generator. Council will look pursue getting a generator from another source.

RESOLUTION NO. 01-0723-45: Resolved by Sturgeon, seconded by Schmidt, to approve purchase and installation of pump for wet well at cost to not exceed $20,000.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino

NAY: Joens

Resolution adopted.

Water and Sewer Rate increases

Work session was held on water and wastewater requirements and the effect that will have on rates. It was noted that the costs and needs for sewer improvements are greater, the Community views the water needs to be greater. Because of this, water treatment needs to go on the fast track. Council requested Clerk and Mayor to put together a proposal for August meeting, showing an average increase of $10 per user. This should allow City to have approximately $40,000 more a year for projected needs.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 9:00 p.m.

_________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

___________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

June 11, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Don Sturgeon, Juan Trevino, Frank Joens. Guests included: Keith Carson, Tom Duffy, Lloyd Duffe, Cindy Rush, Sue Schulte, Doug Linder, Gary Whittom, Greg McGivern- Deputy, Tom Hartley.

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

Motion by A. Tjelmeland, seconded by Trevino, to approve minutes of May 14, 2001, and May 30, 2001, as corrected. Motion carried.

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

May Treasurer’s reports placed on file on motion from A. Tjelmeland and second from Schmidt. Motion carried.

FUNDREVENUES (MAY)EXPENSES (MAY)GENERAL FUND27,530.5425,255.60ROAD USE TAX6,737.0310,094.23DEBT SERVICE5,915.71134,577.50TIF FUND32,566.061,480.00STREET PROJECT110.2916,589.36FIRE STATION PROJECT190.00SANITARY UTILITY4,129.373,122.35WATER UTILITY6,084.6727,661.25SEWER UTILITY4,864.6830,888.32Correspondence included report from Project Engineer on water and sewer improvements, letter from Clerk in regard to zoning meeting, and letter from resident of Comisky Ct requesting sidewalk along State St. Mayor explained that now that we are purchasing land for Park, access to the Post Office and other areas of the City can be made possible through a hard surface path along the old railroad right of way.

Mayor introduced new Deputy Clerk, Cindy Rush.

Sue Schulte asked what action was being taken to eliminate the horses in residential zoning. Mayor said that other matters had intervened since the original complaint and if this was a formal complaint, the issue would need to again be studied. Sue said this was a complaint and would like it addressed. This item will be on the July agenda.

Odie’s – Use of City property for 4^th of July

Tom Duffe, owner of Odie’s explained the setup that he proposes in using City property on July 4^th during the hours of 1 p.m. to 10 p.m. This area will be fenced and his current liquor license allows for this one-day event. There will be a cover charge and he understands that anyone drinking outside of the fenced area will be charged with public intoxication. Tom will be talking to the businesses across the street to be sure they are not going to be open. If they are, he will ask them to participate in the event with him. Mayor said that if the businesses are open and do not wish to participate, it will be necessary to leave the street open in front of those businesses.

Motion by Schmidt, seconded by Joens, to approve request from Odies to block Dows Street on July 4^th, from 1 p.m. to 10 p.m., subject to other businesses in the area being in agreement with the blocking of the street. Motion carried.

Ely City Council -2- June 11, 2001

4^th of July Parade

The Coordinator of the 4^th of July Parade for the last several years is not going to fill that position this year. At this time there is no one to fill that role so there may not be a parade. It is the hope of the Council that once the community is aware the parade is not possible without a coordinator; someone will come forward to fill that role.

Cigarette Permit renewals

Motion by Schmidt, seconded by Joens, to approve cigarette permit renewals of Cleppe’s 66, Hoosier Creek Store and Odie’s. Motion carried.

Main Street/Banner Valley Road Improvement Project

Mayor announced that publication was made advertising for bids to be opened at 5:00 p.m. today. Only one bid was submitted. That bid was from Dave Schmitt Construction and was $318,081.85, which was almost identical to the Engineer’s estimate of 318,173.70.

RESOLUTION NO. 01-0611-29: Resolved by Trevino, seconded by Joens, to accept bid of $318,081.85 as received from Dave Schmitt Construction for Main Street/Banner Valley Street Improvement Project.

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

NAY: none

Resolution adopted.

City has removed tree stumps along Banner Valley Road and will discuss this at a later date.

$400,000 General Obligation Capital Loan Notes, Series 2001

RESOLUTION NO. 01-0611-30: Resolved by Schmidt, seconded by A. Tjelmeland, to appoint a Paying Agent, Note Registrar and Transfer Agent and approve agreement and authorize execution of the Agreement for Paying Agent, Note Registrar and Transfer Agent for $400,000 G. O. Capital Loan Notes, Series 2001.

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

NAY: None

Resolution adopted.

Motion by A. Tjelmeland, seconded by Schmidt to approve Tax Exemption Certificate for $400,000 G. O. Capital Loan Notes, Series 2001. Motion carried.

Motion by Schmidt, seconded by Sturgeon, to approve Continuing Disclosure Certificate for $400,000 G. O. Capital Loan Notes, Series 2001. Motion carried.

RESOLUTION NO. 01-0611-31: Resolved by Sturgeon, seconded by Trevino, to amend, approve and authorize a form of Loan Agreement and authorize and provide for the issuance of $400,000 G.O. Capital Loan Notes and levy of a tax to pay the Notes.

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

NAY: none

Resolution adopted.

Ely/Linn County 28E Agreement for North end of Jappa Road

Linn County has submitted a proposal for the North end of Jappa Road. The price of $5,823.97 does not include Chip and Seal for this road.

Ely City Council -3- June 11, 2001

Motion by A. Tjelmeland, seconded by Schmidt, to table 28E Agreement with Linn County for Jappa Road. Motion carried.

Resolution considering Cable rate increases and additional channels – South Slope

RESOLUTION NO. 01-0611-32: Resolved by Schmidt, seconded by Joens to approve cable rate increase and additional cable channels as presented by South Slope Communications.

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

NAY: none

Resolution adopted.

Pay Estimate #1- Main Street Sanitary Sewer

RESOLUTION NO. 01-0611-33: Resolved by A. Tjelmeland, seconded by Schmidt, to approve payment of $10,478.50 for Pay Estimate No. 1 to Bockenstedt Excavating for Main Street Sanitary Sewer & Water Project.

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

NAY: none

Resolution adopted.

FY2001 Budget Transfers

RESOLUTION NO. 01-0611-34: Resolved by Schmidt, seconded by Joens, to authorize transfer of $14,000 from General Fund to Sewer Utility, $1,811 from General Fund to Debt Service Fund, $106,445.25 from TIF Fund to Debt Service Fund, $30,000 from Sanitary Utility to Sewer Utility and $19,260 from Sewer Utility to Debt Service Fund.

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

NAY: none

Resolution adopted

Liquor permit renewal – Hoosier Creek

Motion by A. Tjelmeland, seconded by Joens, to approve renewal of Hoosier Creek Liquor Permit. Motion carried.

Wage and Salary Schedule – FY2002

RESOLUTION NO. 01-0611-35: Resolved by A. Tjelmeland, seconded by Joens, to approve Wage and Salary Schedule for FY2002.

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

NAY: None

Resolution adopted.

Personnel Policy Review

Karl Schmidt distributed a sample personnel policy that he has reviewed and marked up. He asked Council to review it for July Meeting.

Motion by Schmidt, seconded by Sturgeon, to table Personnel Policy to July Meeting. Motion carried.

Emergency Siren

Al Tjelmeland explained that he has received a bid for an emergency siren for new fire station that would have capability to be heard within all parts of the City and some surrounding areas.

Motion by Joens, seconded by Schmidt, to table emergency siren to July meeting. Motion carried.

Ely City Council -4- June 11, 2001

Change date of July Meeting.

Mayor explained that it would be helpful to all to change date of regular meeting in July to the third Monday. No objections received so the meeting date will be July 16 instead of July 9^th.

Mayor explained that City Attorney has submitted information on flood plain ordinance and the flood plain map. They do not correspond and Mayor has asked Bob Hatala to attend a meeting in Des Moines, as there are legal concerns to be addressed for all properties along the flood plain. The Engineer needs to be involved, but until legal concerns are addressed, the Mayor does not want to have Engineering fees for this. We have 3 flood plain zones but those zones do not tie in with the Federal flood plain map

Frank Joens questioned why the City was asking for legal involvement. He stated that if parking is not allowed in residential zoning, why are we asking for legal opinion before we have made a decision on the rezoning request. Council said they wanted to know exactly where the flood plain is and what the City’s role is suppose to be. Mayor talked to Dan Emig today and he understands the hold up on his rezoning request, but wishes to have this addressed by Fall.

Motion by Schmidt, seconded by Joens, to adjourn. Motion carried. Meeting adjourned, 8:57 p.m.

________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:_____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

May 30, 2001

Meeting called to order at 5:00 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Don Sturgeon, Juan Trevino. Absent: Frank Joens. Guests included: Lloyd Duffe Dick & Dorathy Harger, Mr. Yaus, Jeff Streitz.

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

Mr. Yaus notified council of a concern he has of noxious weeds growing along fence line and along his neighbor’s house at 2045 Dows. City agreed to look into what can be done.

Street Construction Project – Main Street/Banner Valley Road

Public hearing opened at 5:04 p.m. on Construction of the Main Street and Banner Valley Street Project. Drives and approaches were not made part of the plans and there may be a need to address this later in the construction process. Mayor and Council reviewed culvert, railing and street plans. Sidewalk will be installed on southwest side from Southbrook to end of project. Contractor has 120 days to finish the project from start date.

Lloyd Duffe asked where paving is going and width of street. Mayor replied that Banner Valley is coming in to Main Street and will be 28 feet. There will be no parking along the street. Present right-of-way is 80 feet and that will remain. Sidewalks along Walker and Rowley need to be replaced and those may be added to this project or added as a separate project. Lloyd expressed concern as to the 80-foot width because of the two blocks of Traer Street and would like property owners to give input about Long Range Plans of City.

Motion by Schmidt, seconded by Trevino to close public hearing. Motion carried. Public hearing closed at 5:22 p.m.

RESOLUTION NO. 01-0530-27: Resolved by Schmidt, seconded by A. Tjelmeland, to order bids, approve plans, specifications and form of contract and notice to bidders and fix date to receive same for the Main Street/Banner Valley Street Construction Project.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Trevino

NAY: none

Resolution adopted.

Council discussed need for Sanitary Sewer to be brought across Road at Pacific Street. If this becomes necessary, it will be done by Change Order to this project. If sewer is 8-inch clay it may need to be changed to ductile iron and that also will require a change order.

Sidewalks – Dick Harger

Dick and Dorathy Harger requested Council consider reducing the assessment for sidewalks on the Dows Street Project as the previous sidewalk was satisfactory and they were told only one panel would be replaced. After the project started they were told the City needed to put in all new sidewalk and there would be no charge for that. Dick asked for a $1290 reduction from his assessment.

Al Tjelmeland explained that when elevations were changed, the City realized new sidewalks would be required and at that time City agreed that preliminary assessment amounts would not be increased to pay them. Other costs of project came in lower so no one needed to pay more than preliminary assessment. There was value added to property by the project that exceeded the assessments so the new sidewalks benefited property owners and the whole project.

Ely City Council -2- May 30, 2001

Karl Schmidt said if we give relief to Hargers for the sidewalks, other property owners on this project would want the same benefit.

Motion by Schmidt, seconded by Sturgeon, to deny request from Harger’s for reduction of Assessment for the Dows Street Project. Motion carried.

Dick told Council there was a crack in the new concrete and it was to be replaced by contractor and hasn’t yet been done. Mayor said that since the drive was widened without a curb cut permit, the City will need to look at the crack and replace it if is out problem.

Final Pay Estimate and Acceptance of Maintenance Building

Al Tjelmeland suggested City get sign showing addresses for Lagoon and new Maintenance building. Mayor also suggested sign be obtained stating that no admittance to lagoon without prior approval. An easement will be needed for the well and also we need to redo the road easement. The easement can be obtained in exchanged for chip and sealing of drive.

RESOLUTION NO. 01-0530-28: Resolved by Sturgeon, seconded by Trevino, to accept City Maintenance Building and make Final Payment to Tjelmeland Construction in the amount of $17,362.

AYE: Trevino, Sturgeon, Schmidt

ABSTAIN: A. Tjelmeland (building built by his company)

NAY: none

Resolution adopted.

Mayor explained that Linn County is working on Jappa Road and did not think Ely was interested in participating so their project will quit a the Koss property. This will cause the road to be narrowed down and create an unsafe condition. County has agreed to allow Ely to participate in this project to make the road narrow down safely. A 28E Agreement will be submitted at the regular June meeting at a cost to Ely of $5823.97.

Mayor also explained that City Attorney has reviewed the floodplain ordinance and submitted a letter that Council should review. That letter was distributed.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 6:32 p.m.

_______________________

Thomas M. Tjelmeland, Mayor

ATTEST: __________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

May 14, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Juan Trevino, Frank Joens, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Guests included: Rex Ramsay, Dave Maher, Rachel & Chet Hendrickson, Matt Rowland, Jim Miller, George Storm, Dan Emig, Lloyd Duffe, Keith Carson, Terry & Jan Mackey, Art Koffron, John & Jane Vaassen, Maurice Garnant, Ted Johnson, Kris & Brian Tharp.

Motion by Schmidt, seconded by Joens, to approve agenda as amended. Motion carried. Discussion on 28E Fire Agreements and review of possible Park Development plans were added to agenda.

Motion by Trevino, seconded by Sturgeon to approve minutes of April 2 as submitted and minutes of April 9^th as amended. Motion carried. April 9^th minutes corrected to show all Council members present, all Council members voting in favor of Final Plat of Duffe’s First Addition and Frank Joens voting nay on additional $4000 for Fire Station architectural fees.

Motion by Schmidt seconded by Sturgeon, to pay bills as presented. Motion carried.

Motion by Sturgeon, seconded by Trevino, to place on file, Treasurer’s reports of March and April. Motion carried.

FUNDREVENUES(MARCH)EXPENSES (MARCH)REVENUES (APRIL)EXPENSES (APRIL)GENERAL FUND8,185.3411,008.0933,856.497,676.15ROAD USE TAX7,767.904,007.586,381.927,154.57DEBT SERVICE507.749,002.19TIF FUND4,464.4754,873.6319.74STREET PROJECT2,433.282,405.2413,200.4965.80FIRE STATION PROJECT5,024.90 SANITARY UTILITY4,555.382,294.094,533.162,844.55WATER UTILITY5,977.1615,630.295,555.0513,483.64SEWER UTILITY5,580.791,923.815,788.0315,508.60Mayor noted that Deputy Clerk has resigned to take an advancement position in the City of Swisher. Interviews are in progress for a replacement. A request was received from Senior Dining to name the Pavilion in Schulte Park after George Reyhons as he was instrumental in getting it constructed. Council determined that a recommendation should be received from American Legion before any action is taken on this request. Juan Trevino noted that trees have been planted in Schulte Park and the Barnyard Bunnies 4-H Club donated labor and were great help. He asked that City send a thank you to the 4-H group. The Barnyard Bunnies have also requested permission to plant wild flowers in Schulte Park. Council has no problem with them doing this and they can plant them where they deem appropriate.

Lloyd Duffe asked about minimum lot sizes for residential zoning. Lloyd has reviewed the code and noted there are three classifications for Single Family Zoning and would like further clarification. It was suggested that he attend a Plan and Zoning meeting and let them know his concerns.

Maurice Garnant asked about building a house in land adjacent to Community Center. Mayor will set up a meeting with Maurice to discuss this further.

Deputy Rusk, from Linn County Sheriff’s Department, submitted the monthly Sheriff’s report.

Ely City Council -2- May 14, 2001

Fire Station Bonds

Rex Ramsay, Bond Consultant, explained that at 2:00 p.m. bids had been opened for $400,000 of bonds for Fire Station construction. There were four bids received with the lowest bid having a net rate of 4.458% over a ten-year period. The first payment will be made in December of 2001, and a pre-levy was made so tax revenues will be received to cover the cost.

RESOLUTION NO. 01-0514-21: Resolved by A. Tjelmeland, seconded by Trevino, to accept bid of Bankers Bank & Farmers and Merchants Savings Bank of Manchester, IA for a net interest rate of 4.458% and a net interest cost of $107,215.

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

NAY: none

Resolution adopted.

Amendment of Fiscal Year 2001 Budget

Public Hearing opened at 8:02 p.m. on amending FY2001 Budget. No oral or written objections received.

Motion by Schmidt, seconded by Joens, to close public hearing. Motion carried. Hearing closed at 8:03 p.m.

RESOLUTION NO. 01-0514-22: Resolved by Schmidt, seconded by A. Tjelmeland, to approve amendment to FY2001 budget resulting in a $218,600 increase in expenditures that will not result in any increase in tax asking.

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

NAY: none

Resolution adopted.

Rezoning of property north of T.T.S

Public Hearing opened at 8:04 p.m. on rezoning of property along State Street at North end of City. Rachel Hendrickson, 1910 State St. in Ely, distributed a letter that she had written in opposition to the rezoning of the “Emig” property. Her objections were as follows: 1) The rezoning was requested four years ago and was denied. Nothing has changed. 2) The rezoning request is not consistent with the comprehensive plan. 3) If this request is approved, others will make requests that are also inconsistent with comprehensive plan. 4) Industrial zoning in this area would negative affect on the whole population of Ely. 5) Property is in flood plain and buoyant items are prohibited. Trailers in this area would be buoyant. 6) If Ely doesn’t adequately enforce flood plain ordinance, the City can be suspended from Federal program and then citizens could not get flood insurance. 7) This zoning is not in the best interest of City of Ely.

Mayor explained there are accepted uses in the flood plain and parking is one of those uses. DNR has recently reviewed our City and found no existing flood plain violations. We cannot put fill in the flood plain without a permit.

Rachel explained that she would like to see City designate someone with adequate time to research all the regulations applicable to the issue.

Ted Johnson said that he was part of Plan and Zoning when the residential zoning was designated. It was made residential intentionally.

Jim Miller said he can’t understand the fuss as this area has been used for parking for a number of years and nothing can be built Emig will only do things to make it look better.

.

Ely City Council -3- May 15, 2001

Jane Mackey asked if it is possible to guarantee that nothing will be built in this area. Mayor answered yes as the Code doesn’t allow buildings

Rachel Hendrickson reaffirmed her position that the comprehensive plan does not provide for industrial zoning in this area and people who thought this out thoroughly recommended the zoning.

Mayor explained that code does not encourage spot zoning but contiguous zoning needs to be considered to allow for re-zoning when situations warrant.

Jim Miller said this is an extension of zoning and can’t understand why it wouldn’t be allowed.

Letter of objection from Derrell Dempster was read and placed on file.

John Vaassen noted that there is no commercial zoning in this area and the City is allowing residential adjacent to Industrial without transitional zoning.

Lloyd Duffe asked what the adjacent land is zoned and Mayor explained that there is residential, but Mr. Emig’s building and business is zoned Industrial and this request is for adjacent property.

George Storm explained that storm water program is a federal program and if anyone in the City violates the code then everyone is limited in what they can have.

Dan Emig explained that DNR has been notified and trailers store there will have tires, be licensed and used occasionally. He has received a water runoff permit.

Don Sturgeon asked about the Plan and Zoning suggestion of a Conditional permit for this land. Mayor explained that conditional permits would not be allowed in this situation, but parking areas are allowed in Industrial Zoning.

Chet Hendrickson said that this would not fit conditional use of zoning ordinance, but flood plain also allows conditional uses. Mayor will check to see if this request would be allowed under a conditional use as addressed in Flood Plain Ordinance.

Motion by Schmidt, seconded by Sturgeon, to close public hearing. Motion carried.

Motion by Sturgeon, seconded by Trevino, to table rezoning of State Street property. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to forward Emig rezoning to City Attorney for clarification on a Conditional Use Permit. Joens asked why City should spend money for this information and A. Tjelmeland answered that if Commercial or Industrial use is allowed, taxes will be more. Schmidt said that he would like City Engineer to look at the whole area to see if elevations have been changed or if we’ve done anything we shouldn’t in this area. Mayor explained that DNR did look at this area recently and offered no objections or complaints. Frank Joens reminded Council that other developers are required to these type of fees. Mayor said he felt this was different as we are getting a clarification on our own code. – Question was called and Joens voted Nay. Motion carried

Motion by Schmidt, seconded by A. Tjelmeland, to have City Engineer designate where the flood plain is located along State Street and that the requested use conforms to our flood plain ordinance. Joens voted Nay. Motion carried.

Ely City Council -4- May 14, 2001

Main Street/Banner Valley Road Project

Jeff Streitz, Asst. City Engineer, distributed preliminary plans for Main Street improvements. Engineer will meet with mayor and council people for a “walk through” on this project. There will be a need to allow for fence in this project also.

RESOLUTION NO. 01-0514-23: Resolved by Sturgeon, seconded by Schmidt, to set May 30, 2001 at 5 p.m. as time and date for Public Hearing on Plans and Specifications of Main Street Improvement Project and set June 4, 2001 at 5 p.m. as time and date to open and consider bids in regard to said project.

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

NAY: none

Resolution adopted.

Water and Wastewater Matters

A number of citizens have contacted the City in regard to yellow water. This is because of high iron content in water. The City will need to look into iron removal treatment, but before that can be done, the two wells need too be tied together. In the meantime, it may be necessary for residents to use filters.

Ed Brinton, Project Engineer, explained that a stream study was done a few years ago and that allows the City of Ely to have specific information on the community instead of using a “canned” set of procedures. Ely has a plan in place for upgrades to Sanitary system and has been proceeding with those upgrades, so the City is not high on DNR’s list of communities of which to be concerned.

Ed made a recommendation that Council seriously consider raising utility rates to build a reserve for Sanitary and Water upgrades. This reserve can be used to decrease the amount the City will have to borrow when new facilities are built. Schmidt asked how soon we would need to have a new sewer system up and running and Ed said it would be 2 to 5 years, but closer to two. Current sewer system was built in 1968 when population was 275. Current population is 1149, so the system has served the City well. Jane Mackey told Council she would not mind an increase in rates if she could be guaranteed water that isn’t yellow.

Purchase of land for Park

Council has held discussions in the past in regard to acquiring land for parks. The land is now available and the City can proceed with purchase.

Juan Trevino showed a drawing put together by Park and Recreation Committee and the newly formed Rotary Club. The drawing showed 20 acres of land and what type of facilities would fit on that size acreage. Art Koffron also showed a drawing showing a little large acreage. The two drawings were similar, but different. Nothing is to be decided at this time except about the land purchase. How the parkland is developed will be determined in the future.

RESOLUTION NO. 01-0514-24: Resolved by Schmidt, seconded by Joens, to authorize Mayor to negotiate purchase of 20 to 30 acres of land from Leamon & Janine Norman at $4500 an acre and pay $5000 to Norman’s as earnest money.

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

NAY: none

Resolution adopted.

Historic Preservation Commission

Motion by A. Tjelmeland, seconded by Schmidt, to accept, with regret, resignation of Kathleen Banowetz from Historic Preservation Committee and appoint Katie Miller to fill the vacancy. Motion carried.

Ely City Council -5- May 14, 2001

Street Light Resolutions

RESOLUTION NO. 01-0514-25: Resolved by Trevino, seconded by Joens, to approve installation of two 250 hps street lights at the intersection of Dows and Main St.

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

NAY: none

Resolution adopted.

RESOLUTION NO. 01-0514-26: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve installation of three 100-watt streetlights in Kunkel Addition.

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

NAY: none

Resolution adopted.

Appointments

Motion by A. Tjelmeland, seconded by Schmidt to table appointment to Plan and Zoning Commission until a candidate’s name is submitted. Motion carried.

Motion by Trevino, seconded by Sturgeon, to approve Mayor’s appointment of Chris Boyd to vacancy on Park and Recreation Commission. Motion carried.

Mailing list – discussion

Making utility customer list available to citizens was discussed. It was determined that City can make list available and anyone can view it, but we will not print one out.

Keith Carson asked Council to consider giving a reduced utility rate to Senior Citizens who leave for the winter. Mayor said Council will look at this when doing rate increase.

Al Tjelmeland reminded those in attendance that Solon Fire Department is having a breakfast on May 27, 2001, from 7 a.m. to 12 p.m. and cost is only $4. Ely Fire Department will be helping and everyone is invited.

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

____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:___________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

April 9, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Juan Trevino, Frank Joens, Al Tjelmeland, Juan Trevino. Kathy & Jim Webster, Bonnie Levien, Dan Emig, Lloyd Duffe, Lyle Rusk, City Attorney Bob Hatala and daughter Ellen.

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

Motion by Sturgeon, seconded by Schmidt, to approve minutes of meetings of March 12 and March 26, 2001, as presented. Motion carried.

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

Correspondence was reviewed. Request was made to reserve Community Center grounds for Flag Football practices. Council agreed that public grounds should be available to all on a “first come, first serve” basis, so Clerk was asked to notify persons making request that they will need to be aware of that situation.

Council reviewed Sheriff’s report.

Final Plat – Duffe’s First Addition

RESOLUTION NO. 01-0409-14: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Final Plat of Duffe’s First Addition to Ely, Linn County, Iowa.

AYE: Joens, Trevino, Sturgeon, Schmidt, Trevino

NAY: none

Resolution adopted.

Rezoning of Parcel A – Plat of Survey #618 (property north of T.T.S.)

Council reviewed request from Dan Emig to rezone property north of his business on State Street. Council had a public hearing on this, but deferred action pending Plan and Zoning review. Publication and mailings were done as required by law. Plan and Zoning Commission denied this request and suggested that a Conditional Use be granted if possible. Dan Emig said that he is not interested in a Conditional Use and does wish to have the zoning of this property consistent with his adjacent property. Discussion held on whether this is in the Flood Plain. If it is not, it is adjacent to it and the City of Ely is the administrator of the Flood Plain requirements. Since this is Industrial zoning, screening will be required along any adjacent transitional zoning, if requested.

Motion by A. Tjelmeland, seconded by Trevino to place Ordinance No. 165 on first reading by title only.

AYE: Joens, Trevino, A. Tjelmeland

NAY: Schmidt, Sturgeon

Motion carried.

ORDINANCE NO. 165: AN ORDINANCE TO CHANGE ZONING OF PARCEL A – PLAT OF SURVEY #618 FROM CURRENT R-1(SINGLE FAMILY RESIDENTIAL) ZONING TO M-2(HEAVY INDUSTRIAL ZONING.

Building Permit Request - Webster

Building Permit request from Jim Webster for renovation at 1921 State Street was reviewed. Council noted that the burden of proof to fill out a building permit in conformance with City Code is on the applicant. Permit requires applicant to build according to local and state laws and the permit is reviewed to see that it

Ely City Council -2- April 9, 2001

meets with the requirements of those laws. The Webster permit application has some discrepancies. If the Webster’s wish to have the permit approved it will need to be resubmitted with the discrepancies corrected.

Motion by Schmidt, seconded by Joens, to approve building permit for 1921 State Street when it is re-submitted showing building setbacks to be in conformance with the Ely Zoning Code. The permit is being issued because the use of the Webster’s building is in conformance with their representations made in the 1988 Agreement upon which Webster’s and the City relied. The use of the land owned by Webster’s is not in compliance with the 1988 Agreement or the 1993 Ely Zoning Code. The owners are to remove the accumulation of vehicles, boats, equipment, debris and other accumulation of vehicles, boats, equipment, debris and other accumulation within 120 days or the Ctiy will take action to enforce the 1988 Agreement and the 1993 Ely Zoning Ordinance. For clarification of this motion, anything not directly related to Jim’s Petroleum Maintenance or the ordinary and customary use of a residential zoning is not allowed to remain on the land. Motion carried.

Fire Station Project and Bond Sale

RESOLUTION NO. 01-0409-15: Resolved by Trevino, seconded by Schmidt, to approve contract with Point Builders of Cedar Rapids, IA., for College-Ely, Putnam Fire Station.

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

NAY: none

Resolution adopted.

Discussion held on who should be the contact person for contractor during construction of Fire Station. Fire Chief, Randy Zbanek, has agreed to be that person if he can rely on Mayor and Council to clarify any conflicts. Architect has done extra work because bidding was done twice and plans were revised and has asked Council to revise allowable fees.

RESOLUTION NO. 01-0409-16: Resolved by Schmidt, seconded by Trevino, to approve additional $4000 for architectural fees for Fire Station.

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

NAY: none

Resolution adopted

RESOLUTION NO:01-0409-17: Resolved by A. Tjelmeland, seconded by Joens, to direct advertisement for sale of $400,000 notes to pay for Fire Station.

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

NAY: none

Resolution adopted.

Request to reduce Special Assessment

A request was received that the Dows and Poplar Street Assessment be reduced as the owner of property was told the sidewalk in front of their property would not be replaced. Because of elevation changes, new sidewalks were required and included in assesses costs. Council noted that the new sidewalks benefited owners and there was no increase from the preliminary assessment.

Motion by Schmidt, seconded by Joens, to deny reduction of any Special Assessment related to the Dows and Poplar Street Special Assessment Project. Motion carried.

Local Option Sales Tax

The City of Ely has been notified that there will be a County-wide election in July in regard to a one year local option sales tax. Because Cedar Rapids has requested this election and they constitute more than half of the population of the County, everyone in the County must participate in the election. Each municipality must submit a Resolution as to how they would spend the money if the option tax referendum was successful.

Ely City Council -3- April 9, 2001

Council was hesitant to proceed but realized they had no choice but to submit a resolution. Discussion held on whether to allocate part of the funds for property tax reduction. City has a number of projects that are needed and the Council expressed concerns about reducing property tax by 10% one year and then having to increase them by 10% the next year.

RESOLUTION NO. 01-0409-18: Resolved by Schmidt, seconded by Joens to allocate 10% of local option sales tax as reduction in property tax and remainder to be split between Parks and Library Improvements.

AYE: none

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

Resolution defeated.

RESOLUTION NO. 01-0409-18: Resolved by A. Tjelmeland, seconded by Trevino, to allocate 50% of Local Option Sales Tax for Parks Improvements and 50% for Library Improvements.

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

NAY: none

Resolution adopted.

Policy on distribution of mailing list

There have been requests for a copy of the City’s Utility mailing lists and the Clerk would like direction on how to handle these requests.

Motion by Sturgeon, seconded by A. Tjelmeland, to direct Clerk to get a model ordinance or policy on distribution of mailing lists for review at future Council meeting. Motion carried.

Liquor and Beer Permits & Sunday Sales

Motion by A. Tjelmeland, seconded by Schmidt, to approve Liquor Permit and Sunday Sales for American Legion and to approve Beer Permit and Sunday Sales for Cleppe’s 66. Motion carried.

Plan and Zoning Appointment

Motion by Trevino, seconded by Schmidt, to appoint Dale Stanek to Plan and Zoning Commission to fill term expiring August 31, 2003. Motion carried.

Permission for Clerk to attend IMFOA

Motion by Sturgeon, seconded by Trevino to allow Clerk to attend IMFOA in Des Moines on April 18-20, 2001. Motion carried.

Amending the Ely Urban Renewal Area

Public hearing opened at 8:50 in regard to Amendment #1 of the Ely Urban Renewal Area. The City of Ely has agreed to annexations since the original Urban Renewal Area in 1997. If these annexation areas are added to the Urban Renewal Area it will increase the taxes available for projects that would benefit the community. Plan and Zoning Commission reviewed the Plan and asked for clarification from Mayor.

Mayor explained that the City is not using funds to support or benefit developers or to allow for low income

housing. The City is using funds for improvements necessary to upgrade existing services or to do projects that are of benefit to City. Lloyd Duffe asked how Urban Renewal goes into new developments. Mayor explained that the funds would be used for improvements to main arteries and other special projects such as the Fire Station. No further written or oral objections were received.

Motion by A. Tjelmeland, seconded by Trevino, to close Public Hearing. Hearing closed, 9:01 p.m.

Ely City Council -4- April 9, 2001

RESOLUTION NO. 01-0409-19: Resolved by Schmidt, seconded by A. Tjelmeland, to approve Amendment #1 to the Ely Urban Renewal Plan.

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

NAY: none

Resolution adopted.

Motion by Sturgeon, seconded by Schmidt, to place Ordinance No. 167 on first reading by title only and waive second and third reading and adopt Ordinance No. 167.

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

NAY: none

Ordinance No. 167 adopted.

ORDINANCE NO. 167 – AN ORDINANCE AMENDING ELY URBAN RENEWAL

PLAN BY ADDING AMENDMENT #1 TO PROVIDE FOR RENEWAL ACTIVITIES

WITHIN THE CITY OF ELY WHICH WILL PROVIDE OPPORTUNITIES, INCENTIVES,

AND SITES FOR COMMUNTIY ECONOMIC DEVELOPMENT PURPOSES AND

IMPROVE THE QUALITY OF PUBLIC BUILDINGS IN THE CITY OF ELY

Main Street/Banner Valley Road Project

Steve Noack, City Engineer, presented information on installing a culvert for creek at south end of Main Street. This project would include five feet sidewalks and paving of Main Street and Banner Valley Road, including curb and gutters. The street is being upgraded at this time to provide correct street grades and safer traffic flow for the new Fire Station. Cost of the Culvert and Bridge is approximately $110,000 plus an additional $210,000 for rest of Main Street and Banner Valley work.

RESOLUTION NO. 01-0409-20: Resolved by A. Tjelmeland, seconded by Schmidt, to direct Shive Hattery to proceed with design phase of Main Street and Banner Valley Road and submit documents for May meeting so Council can direct advertising for bids at May meeting.

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

NAY: none

Resolution adopted.

Open Agenda

Al Tjelmeland explained that the approach to Erenberger’s drive on Dows Street does need to be replaced as the radius’ does not allow for a good turning pattern. He suggested the approach be replaced and extend the wings three feet. Council agreed that City can negotiate with Cedar Valley for a lower price and proceed if price is okayed.

Al Tjelmeland explained that sewer on Fuhrmeister was flushed going one direction and needs to be flushed going the other direction. There is indication that there is a break in the line and that needs to be identified as the people in this area are experiencing a lot of sewer problems.

Motion by Trevino, seconded by Joens, to adjourn. Motion carried. Meeting adjourned, 9:30 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

April 2, 2001

Meeting called to order at 5:30 p.m. by Mayor Thomas M. Tjelmeland. Council present: Frank Joens, Karl Schmidt, Don Sturgeon, Al Tjelmeland, Juan Trevino. Guests included: Katherine & Jim Webster, Duane Kunkel. Also present: City Attorney Bob Hatala..

Motion by Karl Schmidt, seconded by Juan Trevino, to approve the agenda. Motion carried.

Under citizens’ comments, Linn County Deputy Sheriff reported that on March 31^st, 2001 they responded to a call of a barking dog at 1555 Hillcrest. When the deputy approached the dog, it bit the deputy and he shot at the dog, but missed. They called the Cedar Valley Humane Society to pick up the dog. The Sheriff’s department filed a complaint at which the court date is set for April 6^th. City Attorney Hatala will contact the Sheriff’s Department.

Jim Webster – Request for Building Permit

City Attorney Hatala passed out to the council and the Websters a brief summary on nonconforming uses. Jim and Katherine Webster stated that they do their business outside the shop and at the customer’s location. They also have inventory of nozzles, hoses, bushing parts, etc. in the shop and contracting equipment such as backhoe, trailer, etc. on their property. One concern was that the building permit application stated it was 20-23 feet from lot line to where the front of the building will be, but code requires 25 feet. Jim Webster stated that frontage written on his application was only approximate and it is really 25 feet from lot line. The other concern is if he is considered a contractor’s shop. The zoning of this property, which is currently C-2, does not allow Contractor’s shops. Further discussion was held.

Motion by Karl Schmidt, seconded by Juan Trevino, to have City Attorney Hatala draft an example showing C-2 to allow a repair/service maintenance which is not currently in the code and to have the Websters submit an inventory list of what they have on their property and what they will dispose of and what they will keep, plus what the business consists of. Motion carried.

Katherine Webster agreed to fax these lists to the city attorney.

Motion to adjourn by Karl Schmidt, seconded by Frank Joens. Motion carried. Meeting adjourned at 8:30 p.m.

___________________________

Thomas M. Tjelmeland, Mayor

ATTEST:___________________________

Tawnia L. Kakacek, Deputy Clerk

ELY CITY COUNCIL

SPECIAL MEETING

March 26, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Juan Trevino, Frank Joens, Karl Schmidt, Al Tjelmeland, Don Sturgeon. Guests included: Ken Erenberger, Lance Clark, Tom Yarbrough, Jim Miller, Brad Vincent, Randy Zbanek, College and Ely Fire Trustees.

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

Ely Fire Station

Mayor Tjelmeland explained the status of bids for Fire Station. Bids came in over budget and we need to decide how to cash flow the project. Mayor explained that discussions have been held with Mayor Protem, Al Tjelmeland, Financial Council liaison, Karl Schmidt and Fire Chief, Randy Zbanek. These discussions have resulted in an agreement to make the following proposal: The City will decrease Fire Department funding for approximately the next ten years. The City would submit funds to the Fire Department based on assessed value of the City outside of the TIF area instead of the entire assessed City value. Township Trustees in attendance were polled as to their opinion on proceeding in this way and approving a new 28E Agreement. Action to formalize the Trustees agreement will be done at a meeting of the Fire Department, but no objections were received to the presented proposal.

Juan Trevino asked if actual costs were reduced through discussions with contractor, would City reduce number of years donation was figured on the area outside of the TIF. Mayor explained that since City is funding the $400,000, the number of years would probably not be reduced.

RESOLUTION NO. 01-0326-12: Resolved by Trevino, seconded by Schmidt, to award contract for Fire Station to Point Builders of Cedar Rapids, IA. at a total estimated cost of $462,000.

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

NAY: none

Resolution adopted.

Fire Station Capital Loan Notes

RESOLUTION NO. 01-0326-13: Resolved by A. Tjelmeland, seconded by Sturgeon, to authorize and provide for issuance of $400,00 of Capital Loan Notes and levy a tax to pay the notes.

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

NAY: none

Resolution adopted

Juan Trevino has been contacted by a member of Parks Commission and they will be getting equipment to plant trees and while they have it want to put in a horseshoe pit or other attraction in Schulte Park. Also need to replace the basketball hoop at Community Center. There is budgeted money for these items, so Parks Commission can proceed.

Motion by Trevino, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 7:40 p.m.

_________________________

Thomas M. Tjelmeland, Mayor

ATTEST:___________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

February 19, 2001

Meeting called to order at 7:30 p.m. by Mayor Protem Allen R. Tjelmeland. Present: Juan Trevino, Karl Schmidt, Don Sturgeon, Al Tjelmeland. Absent: Mayor Tjelmeland and Frank Joens (both excused) Guests: Randy Zbanek, Patricia Malatek, Mike Machula, Tom Malatek.

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

Construction of Fire Station

Plans and specifications for fire station were reviewed. There have been a number of changes since the project was let for bids last fall, including deleting concrete surrounding building. Al Tjelmeland reminded those in attendance that if bids for this project come in over the allotted money we cannot proceed with this project.

Motion by Trevino, seconded by Sturgeon, to approve Plans and Specifications, dated February, 2001, for College, Ely, Putnam Fire Station. Motion carried.

RESOLUTION NO. 01-0219-05: Resolved by Schmidt, seconded by Sturgeon, to approve form of contract and notice to bidders and direct Clerk to publish notice and fixing a date for receiving bids and for a public hearing on Plans, Specifications and form of Contract for College, Ely, Putnam Fire Station.

AYE: Trevino, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Water and Sewer Rate increases

Council discussed the information received from Ed Brinton at the February regular meeting in regard to need for water and wastewater improvements. Council agreed that we need to set aside funds to build a reserve for these needed upgrades. It was suggested that the Council draft a letter to send to citizens explaining the needs. This letter can be reviewed at the April meeting with the intention of making rate changes effective the first of July.

Motion by Trevino, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 8:37 p.m.

_________________________________

Allen R. Tjelmeland, Mayor Protem

ATTEST: _____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

February 12, 2001

Meeting called to order at 7:30 p.m. by Mayor Protem Allen R. Tjelmeland. Present: Karl Schmidt, Don Sturgeon, Juan Trevino, Al Tjelmeland. Absent: Mayor Tjelmeland and Frank Joens (both excused) Guests: Gary Whittom, Jim Miller, Lloyd Duffe, Ed Brinton, Randy Zbanek, Sgt. Mau, Jim Strother, Craig Charipar, Adam Vincent, Patricia Malatek, Mike Machula, Tom Yarbrough, Pat Malatek, Brad Vincent.

Motion by Schmidt, seconded by Sturgeon, to approve agenda. Trevino voted nay because Fire Station was not on agenda. Motion carried. Mayor Protem placed Fire Station on agenda as an Open Agenda item.

Motion by Trevino, seconded by Schmidt, to approve minutes of meeting of January 8, 2001. Motion carried.

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

Motion by Schmidt, seconded by Trevino, to approve January Treasurer’s reports and place on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL FUND12,279.19 10,016.30ROAD USE TAX4,722.0719,190.54DEBT SERVICE433.37TIF FUND3,272.05STREET PROJECT273.96LIBRARY PROJECT100.00SANITARY UTILITY5,096.132,872.55WATER UTILITY6,112.8512,593.16SEWER UTILITY6,282.777,844.30

Correspondence was reviewed. Erenberger’s have asked for further explanation on their driveway situation and Al and Juan will meet with them to clear this up. Lloyd Duffe asked what will happen now that he has submitted his plat. This will go to Plan and Zoning for their action and come back to City Council in April.

Discussion held on the amendment to the Urban Renewal Area. Karl suggested that, since we do not yet have the agricultural agreement signed with the Koss’, that the City proceed with the amendment and leave out the 20 acres owned by the Koss’.

Discussion held on the Fire Station. Firemen in attendance questioned the status of the construction of Fire Station and how the Urban Renewal (TIF) District was related.

Motion by Schmidt, seconded by Trevino, to set Monday, February 19, 2001, at 7:30 p.m. as date and time for a special meeting to approve Plans and Specifications and approve publication of notice to bidders for Fire Station. Motion carried.

Rezoning of Parcel A- Plat of Survey #618-Property along State Street

Public hearing opened at 8:26 p.m. on rezoning of property along State Street from R-1, Single Family Residential, to M-2, Heavy Industrial. No written or oral objections received. This property is owned by Dan Emig and the property adjacent to this property is also owned by him and is presently zoned M-2. Council discussed this property being used as a parking lot. They were told that all vehicles parked there will have to have current licenses. Plan and Zoning was unable to fully review this because of a power outage, so this item will come back to Council for action after a recommendation is made by Plan and Zoning.

Motion by Schmidt, seconded by Trevino, to close public hearing. Motion carried.

Ely City Council -2- February 12, 2001

Building Permit for Post Office

Council reviewed building permit application for a 30’ x 7.6’ addition to Post Office. New drawings are easier to understand.

Motion by Schmidt, seconded by Trevino to approve building permit for Post Office. Motion carried.

Dows/Poplar Street and Sidewalk Project-Special Assessments

Motion by Sturgeon, seconded by Schmidt, to table Special Assessments until next meeting. Motion carried.

Water and Wastewater Matters and Rates

Ed Brinton gave a presentation on wastewater construction costs. This included a review of the rates that will be needed to proceed with the improvements. It was determined that City will be looking at a facility that could serve a population of approximately 1500. Further discussion is needed, but the present rate structure will not be sufficient for cost of the needed improvements. Part of the need arises from the age of the present facility and part from the present and anticipated growth of the City. It was determined that before raising rates, the Council will draft a letter to explain to the citizens why a rate increase is necessary. This item will be on the next regular agenda.

Sgt. Mau, from Linn County Sheriff’s Department, distributed monthly report.

FY2002 Budget

Budget for FY2002 was discussed. It was determined that in FY2001 budget, $10,000 of cost for Road Use Equipment will be paid from General Fund.

Motion by Trevino, seconded by Sturgeon, to set a public hearing on FY2002 budget for March 12, 2001 at 7:30 p.m. Motion carried.

Policy for Keys to City Equipment and Buildings

Council briefly discussed procedure for keeping track of keys. All keys for City owned property are to be issued only through the City Clerk’s office.

Randy Zbanek thanked Council for their support on the Building Project for the Fire Station. Schmidt stated the Community appreciated what the Fire Department does for the Community.

Motion by Sturgeon, seconded by Trevino, to adjourn. Motion carried. Meeting adjourned, 9:50 p.m.

___________________________________

Allen R. Tjelmeland, Mayor Protem

ATTEST:

____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

January 8, 2001

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, (excused at 8:15 p.m.) Don Sturgeon, Juan Trevino. Absent: Frank Joens (excused). Guests: Gary Whittom, Jim Miller, Lloyd Duffe, Galen Mehmen, Ed Brinton, Randy Zbanek, Art Koffron, Linn County Deputy.

Motion by Schmidt, seconded by Sturgeon, to approve agenda as submitted. Motion carried. It was explained that the Tax Increment Financing Public Hearing will not be held, as there is additional paper work that needs to be completed before proceeding.

Motion by A. Tjelmeland, seconded by Trevino, to approve minutes of December 26, 2000, and January 6, 2001. Motion carried.

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

Motion by Schmidt, seconded by Sturgeon, to place on file Treasurer’s report and reconciliation for December 2000. Motion carried.

FUNDREVENUESEXPENSESGENERAL FUND11,128.7814,910.29ROAD USE TAX5,763.376,827.49DEBT SERVICE1,013.98TIF FUND6,095.26STREET PROJECT526.843,945.50FIRESTATION PROJECT250.68SANITARY UTILITY3,911.622,961.22WATER UTILITY5,694.084,109.86SEWER UTILITY5,003.185,985.54

Dividing of Property-Lloyd Duffe

Mayor Tjelmeland explained that the Plat of Survey for the Duffe property along Fuhrmeister Street had been approved as a Final Plat at the December meeting. This was done with the understanding that recording of the document would occur after the plat of survey had been re-titled to reflect the Final Plat status. Lloyd Duffe explained that he would not be submitting the Plat of Survey as a Final Plat and may proceed with subdivision of the entire area along Fuhrmeister Street that he owns. Mayor told Mr. Duffe that as long as he complies with City and State regulations he has the right to proceed as he wishes.

Sheriff’s Deputy explained that this month’s report is not quite ready, but that things have been going quite well and the area has been pretty quiet.

Water and Waste Water Matters

Ed Brinton recommended that city of Ely hire Scott Kleppe as water and wastewater operator. The current operator, Galen Mehmen, explained that he felt that his proposal and Scott’s had about the same fee. Galen expressed displeasure with the City contracting with another operator. Mayor and Council noted that they had submitted requests for proposals for these services and after review determined it was in the best interest of the City to proceed in the manner recommended by Ed Brinton, as he is involved in the short and long term plans for the water and wastewater systems.

RESOLUTION NO. 01-0108-01: Resolved by Trevino, seconded by A. Tjelmeland, to accept recommendation of Ed Brinton to hire Scott Kleppe as Water and Wastewater operator and adopt the agreement for these services as revised.

AYE: A. Tjelmeland, Sturgeon, Trevino

NAY: none (Schmidt left meeting before vote was taken)

Resolution adopted.

Ely City Council -2- January 8, 2001

Galen acknowledged that he does have a boat belonging to the City and will keep it, as he did not get overtime pay he felt he was entitled to receive.

Ed Brinton noted that his monthly progress report explains the need for an auto sampler. Bids were received and Ed recommended the sampler from Willco, Inc of Omaha as it has a vacuum pump.

Motion by A. Tjelmeland, seconded by Sturgeon, to approve purchasing of a Portable composite sampler with vacuum pump from Willco, Inc. of Omaha, NE. at a cost of $2,281.50 plus freight. Motion carried.

Final Plat-Tjelmeland First Addition

RESOLUTION NO. 01-0108-02: Resolved by Sturgeon, seconded by Trevino, to approve Final Plat of Tjelmeland’s First Addition to Ely, IA.

AYE: Sturgeon, Trevino, A. Tjelmeland

NAY: none

Resolution adopted.

Dows/Poplar Street Special Assessment

Motion by A. Tjelmeland, seconded by Sturgeon, to table Special Assessment to March meeting. Motion carried.

Sheriff’s Services – FY2002

RESOLUTION NO. 01-0108-03: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve Sheriff Contract for FY 2002 at a cost of $19.00 an hour for 21 hours of services weekly.

AYE: Trevino, A. Tjelmeland, Sturgeon

NAY: none

Resolution adopted.

Plan and Zoning Vacancy

Motion by Sturgeon, seconded by Trevino, to table Plan and Zoning appointment. Motion carried.

Request for bi-weekly payroll

RESOLUTION NO. 01-0108-04: Resolved by Sturgeon, seconded by A. Tjelmeland, to allow all hourly employees to be paid on a bi-weekly basis.

AYE: A. Tjelmeland, Sturgeon, Trevino

NAY: none

Resolution adopted.

Fire Station

Randy Zbanek, Fire Chief, explained that the committee had met with the Architect, Art Koffron, and they will be ready with revised plans in about a week. Council agreed that they can review and approve plans and Specifications at the February meeting and have a special meeting on March 5^th for a bid letting.

Motion by Sturgeon, seconded by Trevino, to adjourn. Motion carried. Meeting adjourned, 8:52 p.m.

________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:__________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

January 6, 2001

Meeting called to order at 9:07 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Don Sturgeon, Juan Trevino. Absent: Frank Joens.

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

Work session was held on fiscal year 2002 budget.

Proposed budget was reviewed and changes and additions made. Council agreed that increasing hours for Sheriff Services had been of real value and will maintain the current hours throughout the next year. Discussion was held on need to hold fundraisers for Library renovation. It was suggested that a silent auction would be a good idea. City Council is interested in purchasing land for recreational purposes and the land at the north end of city would be ideal. City will arrange to have this land appraised and budget funds for development. Discussion was also held on a Community Multi Purpose Complex. Council determined that this type of facility should be seriously considered. It would be advisable to work with the school district if a Day Care or Pre-School were to be part of the Complex.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned. 11:22 a.m.

___________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ____________________________

Roberta A. Hamdorf, City Clerk