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

Resolu