ELY CITY COUNCIL

REGULAR MEETING

December 9, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland.  Present:  Karl Schmidt, Don Sturgeon, Mark Banowetz, Duane Kunkel.  Absent:  Al Tjelmeland (excused).  Guests:  Lloyd Duffe, Jim Miller, Keith Schulte, Julie Sharp, Clary Illian, Bonnie Levien, Dean Spina, Deputy Sheriff. 

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

Motion by Sturgeon, seconded by Schmidt, to approve minutes of November 11 and December 2, 2002.  Motion carried.

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

Motion by Sturgeon, seconded by Schmidt, to accept November Treasurer’s reports and place on file.  Motion carried.

FUNDREVENUESEXPENSESTRANSFERSGENERAL60,418.9811,073.65-26,833.99ROAD USE7,378.063,639.80TIF93,367.5414.29DEBT SERVICE38,927.8228,033.75IPERS (EMP BENEFITS)661.75 ST/OTHER PROJECTS534.0022,087.49+13,416.99LIB PROJECT710.00+13,417.00FIRESTATION PROJECT26,100.50WATER UTILITY7,258.144,217.71SEWER UTILITY8,688.609,204.04SANITATION FUND4,555.993,186.16Mark Banowetz agreed to represent Ely and Cedar Rapids Chamber of Commerce meeting at 11:30 p.m. on December 10, 2002.

Deputy Sheriff distributed monthly report.

Public Hearing – Amendment #2 of Urban Renewal District

At 7:38 p.m., Mayor Tjelmeland re-opened Public Hearing on Amending the Ely Urban Renewal District.  This amendment will include property recently acquired by City of Ely for use as a City Park.  No written or oral objections received.  Lloyd Duffe asked if criteria had been established for selling land to property owners adjacent to the south portion of this area.  Mayor explained that the lots were platted before the current zoning ordinance was in effect, so these lots are quite small and can be enlarged to meet current requirements.  Before this is done, City Council will establish guidelines and meet with property owners.  Bonnie Levien asked how the $300,000 to $500,000 mentioned in the plan is to be used.  It was explained that the total dollar amount has not yet been determined, because a development plan is not completed.  The City needed to submit an amount before the amendment could be completed.  The amount may not be accurate, but it is based on the best information available at this time.  Hearing closed at 7:47 p.m.

RESOLUTION NO. 02-1209-44:  Resolved by Sturgeon, seconded by Kunkel to declare necessity to

establish an urban renewal area and approve urban renewal plan amendment.

AYE: Schmidt, Sturgeon, Banowetz, Kunkel

NAY: none

Resolution adopted.

Motion by Schmidt, seconded by  Sturgeon, to place Ordinance No. 170 on first reading by title only. Motion carried.

Motion by Kunkel, seconded by Sturgeon, to waive second and third reading and adopt Ordinance No. 170.

AYE:  Sturgeon, Banowetz, Kunkel, Schmidt

NAY:  none

ORDINANCE NO. 170 ADOPTED.  AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2002 ADDITION TO THE ELY URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA.  THE PROPERTY IN THE AFOREMENTIONED 2002 ADDITION WAS ACQUIRED FOR CITY PARK USE.

Public Hearing – Geneva Corporation Bond Sale

Public hearing opened at 7:50 p.m. on City of Ely acting as conduit for  issuance of $5,000,000 of Nonprofit Housing Revenue Bonds, Series 2002 for Geneva Corporation.  It was explained that City of Ely will not incur any cost in issuing these bonds and that they will be completely repaid by Geneva Corporation and not by the City of Ely.  The City is involved so that these bonds may be tax-exempt for the purchaser.  The Geneva Corporation will be using the funds for updates and refinancing at a lower rate than is currently in existence.  No written or oral objections received.  Hearing closed at 7:51 p.m.

RESOLUTION NO. 02-1209-45:  Resolved by Schmidt, seconded by Sturgeon, to authorize issuance of Nonprofit Housing Revenue Bonds, Series 2002 for Geneva Corporation at a “not to exceed” amount of $5,000,000.

AYE: Schmidt, Sturgeon, Banowetz, Kunkel.

NAY: none

Resolution adopted.

Water and Wastewater Matters

Motion by Schmidt, seconded by Banowetz, to table approval of sending permit to DNR for Well #1.  Motion carried.

Motion by Sturgeon, seconded by Schmidt, to table placement of water tower.  Motion carried.

Water Tower Lease – US Cellular

RESOLUTION NO. 02-1209-46:  Resolved by Schmidt, seconded by Sturgeon, to set January 13, 2003 at 7:30 p.m. as date and time for Public Hearing on leasing space on water tower to U.S. Cellular for a period of five (5) years with possibility of four extensions, with each extension being for a period of five (5) years.

AYE: Kunkel, Banowetz, Sturgeon, Schmidt

NAY: none

Resolution adopted.

Schmidt explained that he is willing to have the public hearing, but he did want U.S. Cellular to know that he has concerns about committing the City to renting the water tower space for a period of twenty-five (25) years.  Julie Sharp, representing U.S. Cellular agreed to look at this and discuss it at the public hearing.

Ranmar Court Asphalt Removal

Motion by Kunkel, seconded by Schmidt, to table payment of bill for asphalt removal on Ranmar Court.  Motion carried.

Dows Street Sidewalk

Discussion held on approving change order for Dows Street Library Project.  The change order was for 35% more sidewalk and an 8 x 12 foot bike rack slab. 

Motion by Kunkel, seconded by Sturgeon, to delay acceptance of Change Order for Dows Street Library Project until City gets more information on breakdown of costs.  Motion carried.

Motion by Sturgeon, seconded by Banowetz to approve payment of $10,014 to Jelinek Olmstead Construction for Dows Street Library Project.  Motion carried.

Mark Banowetz questioned the liability for hole in front of Voss’ building on Dows Street.  It was decided that temporary filling of this will be required while we make plans for all properties between alley and Main Street.  Clerk was asked to send a letter to Voss explaining the need for a meeting and to have this area filled in.

Banner Valley Storm Water

Discussion held on water drainage on Banner Valley Road.  Duane Kunkel would like to talk to County and see if there is a compromise that could be reached.  Karl Schmidt said he didn’t think having an open ditch is in the City’s long-term interest.  Mayor would like to wait for County’s response to letters that have been sent by City Attorney.  He asked Duane to contact City Attorney  and discuss his ideas for a compromise. 

Lloyd Duffe said that with storm sewer pipe installed in this area, water is going to go over the road and it won’t take a 25-year event for this to happen.

It was determined that City will wait for County Attorney and Linn County Supervisors to respond.  This item will be on next agenda so Council can follow the progress.

Mayor had to leave meeting and so he appointed Don Sturgeon to be Acting Mayor Protem for rest of meeting.

Water Main in Southbrook 8th Addn

Discussion held on whether it would be necessary to install 12-inch water line in certain areas of Southbrook 8th Addition.  If this is required, City would pay developer for the additional cost incurred with using 12-inch pipe instead of 6 inch.  The cost to City would be $9,686.74

Motion by Kunkel, seconded by Schmidt, to approve installation of 12-inch line in Southbrook 8th Addition, subject to Engineer’s approval of this 12-inch line being in the location to coincide with master plan of City.  Motion carried.

Duane Kunkel agreed to contact Engineer and let Clerk know what the Engineer recommends.

Water Permit and Tapping Fee for Second Meter

Request was received to waive water permit fee and tapping fee for second meter.  Council agreed this is a good idea and requested that City’s policy should be in writing.

Motion by Schmidt, seconded by Banowetz, to waive water permit fee and tapping fee whenever second water meter is installed for any premise.  Motion carried.

Council asked that City Code be updated with regulations for installation of a second water meter.

Garbage Tags

Motion by Schmidt, seconded by Banowetz, to table discussion on garbage tags.  Motion carried.

Vision Iowa Project Support

Motion by Banowetz, seconded by Schmidt, to table support of Vision Iowa Project.  Motion carried.

Water and Sewer Rate Increase

Council reviewed rate increase table and Ordinance enacting those increases.

Motion by Schmidt seconded by Banowetz, to place Ordinance No. 171 on first reading, by title only.  Motion carried.

ORDINANCE NO. 171:  AN ORDINANCE AUTHORIZING A RATE INCREASE FOR WATER AND SEWER UTILITY RATES.

Council discussed having a Park Design completed using FY03 funds.  Council will discuss this further and present suggestions for Park Committee’s review and recommendations.  Further discussion will take place at future meetings.

Motion by Schmidt, seconded by  Kunkel, to adjourn.  Motion carried.  Meeting adjourned, 9:48 p.m.

                                                                        ___________________________

                                                                        Thomas M. Tjelmeland, Mayor

ATTEST: _____________________________

                Roberta A. Hamdorf, City Clerk


ELY CITY COUNCIL

SPECIAL MEETING

December 2, 2002

Meeting called to order at 6:00 p.m. by Mayor Thomas M. Tjelmeland.  Present:  Al Tjelmeland, Karl Schmidt, Don Sturgeon, Mark Banowetz, Duane Kunkel. 

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

City has received a report from IDNR on lead levels in water.  Further information will be submitted to Council as it is received. 

Mayor Tjelmeland explained that upgrades are needed for Ranmar Court and those can be done with TIF funding. 

Budget workshop was held.  There are grants available for Parks and Duane Kunkel would like City to pursue them.  Duane would like approximately $5000 set aside for trees.  He does not think a new mower is needed at this time but would like to set aside $1000 to seed property line along the south boundary of the new park.

Mayor reminded Council that 40-60 feet of South boundary could be sold off to adjacent property owners.  City needs to put a plan in place and then contact property owners for a meeting on what the City is proposing.

Duane Kunkel said that $5000 - $8000 is needed for small detention basin in new park.   He also would like to see City determine access to park as the design for park will depend on where the entrance or entrances are located.

Mayor said there may be a chance to gain some kind of access across the James property as there is an easement there now.  This would not be a road access, but could be some other kind of access.

Duane Kunkel addressed storm sewer in park and says he sees it as needing to come off Northgate and then open up the north area.  If entrance is off Hillcrest, there will be no place to drain water.   Northgate is also a wider street.

Mark Banowetz said that we need a design for park and Mayor explained there is a proposal, but he would like it to be reviewed by the Park Committee first.  Mark also said City needs to consider traffic flow.  Mayor agreed but said consideration should be given to the entire 19 acres of the park when that is done.

Don Sturgeon said he would like the access to park to be Council decision.

Karl Schmidt said he would like to hire someone to design the park after they have listened to Council and Park Committee.  He would like to use $10,000 from FY03 budget for that design.

Mayor explained that there is a park proposal ready.  Don Sturgeon said that he wants Council to give input to whoever does the design before they even start on a design.

Duane Kunkel said he would like an Engineer do the design rather than an Architect because of the infrastructure needs.

Mayor asked that Park Design be added to Agenda for December 9th meeting.

Don Sturgeon asked what funds will be needed in FY04 budget for developing park and it was determined that there is no way of knowing until plan is done.

Al Tjelmeland suggested we budget $20,000 of TIF funds for park access no matter where the entrance is located.  If the funds are not needed for access, they can be used for parking.  TIF funds will probably not be spent until FY04 but will have to come from funds that are left over from FY03. 

Al also returned a check for Fire services as he explained that Trustees had agreed to require no City funds for five years as City of Ely had furnished the funds for building the fire station.

Ely City Council                                               -2-                                                       December 2, 2002

Discussion held on tractor/loader.  Al had requested and received bids.  He also researched financing alternatives.  Council reviewed the bids and financing. 

Motion by Kunkel, seconded by Schmidt, to approve purchase of tractor/loader from Kromminga motors with 36 month financing.  Motion carried.

Council discussed the value of having work sessions and agreed to have one on January 6, 2003 at 6 p.m. 

It was agreed to use FY03 funds to upgrade office computer and office layout.

Discussion held on replacing City Clerk with a Clerk/Administrator.  Also discussed need for building inspection.  Nothing was finalized and further discussion will be needed on these matters.

Council reviewed draft of water and sewer rate increases. 

Motion by Sturgeon, seconded by Kunkel, to revise draft of water and sewer rate increases and submit to Council for consideration at meeting of December 9, 2002.  Motion carried.

Motion by Kunkel, seconded by Schmidt, to adjourn.   Motion carried.  Meeting adjourned, 8:30 p.m.

                                                                                                         _________________________

                                                                                                         Thomas M. Tjelmeland, Mayor

ATTEST:  __________________________

             Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

November 11, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland.  Present:  Duane Kunkel, Al Tjelmeland, Karl Schmidt, Don Sturgeon, Mark Banowetz.  Guests included: Gary Whittom, Jim Miller, Deputy Sheriff Lynn Johnson, George Storm, Audrey Yarbrough, Sam Shannon, Keith Schulte, Chet & Rachel Hendrickson, Ed & Carleeta Eichler, Ken & Rae Jean Erenberger, Jan & Gary Myers, Mike & Kathi Benna, Shari & Dave Frantz, Carolyn & Jerry Leaton, Joyce Barber, Jane Helgeson, Mr & Mrs Eberle, Nidia & Lloyd Duffe, Robert & Eileen Jacobson, Greg Pingel, Clary Illian, Ed Brinton, Cary.

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

Motion by Schmidt, seconded by A. Tjelmeland, to approve minutes of October 14, 2002 as submitted.  Motion carried. 

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

Motion by Sturgeon, seconded by Schmidt, to place October Treasurer’s reports on file.  Motion carried.

FUNDREVENUESEXPENSESTRANSFERSGENERAL36,318.1813,141.79-10,639.63ROAD USE8,443.5825,650.07TIF75,079.50DEBT SERVICE7,008.73100.00IPERS (EMP BENEFITS)506.77ST/OTHER PROJECTS926.008,619.68+5,319.81LIB PROJECT674.82+5,319.82FIRESTATION PROJECTWATER UTILITY9,877.5110,497.81SEWER UTILITY9,718.588,797.78SANITATION FUND4,038.903,346.01

Correspondence was reviewed and Deputy Sheriff was present to receive comments.

PUBLIC HEARING ON REZONING OF LOT 5 OF NORTHGATE 2ND ADDITION

Public Hearing opened at 7:38 p.m. on request to rezone lot 5 of Northgate 2nd Addition from R-2(Multi Family Residential to C-1(Central Business District Commercial).  Comments were received including following:

Rachel Hendrickson.  Prefer City not rezone.  We have plenty of areas already zoned for Commercial and this would be spot zoning.  This area is clearly a residential area.

Gary Myers:  I live across State Street and I am against this as the rezoning will drop my property values.

Carolyn Leaton:  City is in process of looking at whole community and this is not the time to consider spot zoning.  Any changes should wait until the comprehensive plan is final.  Also, storm drainage is a problem in this area.

Mrs Eichler:  We were told lot was going to be condos and all lots around us would be condos.  Feel like the spot zoning will depreciate property.  We want to live in a nice quiet place.

Jane Helgeson:  In agreement with everything that has been said tonight.

Ely City Council                                              -2-                                November 11, 2002

Mrs. Eberle:  Street will not carry the traffic and people park on the street.

Greg Pingel:  Not happy with apartments and do not want to see the area rezoned again.

Nidia Duffe:  Was suppose to be condos; why are we changing?

Sam Shannon:  Have to agree with what has been said.

Lloyd Duffe:  Approve this request and you open a Pandora box.

Mike Benner:  I would not have bought my property if I knew it was to be rezoned commercial.  It is not right.

Mayor Tjelmeland explained that Council is considering this request as it was presented and this hearing is the way the process is started.  The Council must have three readings to adopt an ordinance. 

George Storm:  C-1 zoning is an oxy-moron as it is for the Central Business District and this area is not appropriate to that description.  Those in attendance should know that with C-1 zoning you can build a three story building, build right up to the lot line and no off-street parking is required.  In favor of increasing C-1 area, but not here.

Rae Jean Erenberger:  Worried about spot zoning.  Why did Schulte change zoning?

Al Tjelmeland explained that in 1978 City was asked to rezone a lot for commercial and set a precedent at that time to not allow spot zoning.  A lot on Banner Valley Road was then designated as Commercial through a Special Use Permit and that has been the way the Council has addressed this type of issue since that time.

Anyone can request a change of use for their property and then everyone has a chance to be heard.  That is part of the democratic process.

Rachel Hendrickson:  Is there a nice little lot in Southbrook that could be used for this C-1 zoning?

Keith Schulte:  Reason request was made was because I receive request from Commercial businesses and there is no place to expand in C-1.  Downtown is suitable for some things, but not for others, and this area would be suitable for the extremely low impact business that is proposed.  Requirements for water, sanitary sewer, storm sewer and percent of ground covered would be less than if it was apartments.  Traffic would be far less than what is generated by four plex apartments.  Many other local jurisdictions would find this compatible with the multi-family use of this area and would appreciated Council consideration.

Lloyd Duffe:  Yes, there is a need for commercial, but we need to get together and make plans and not allow spot zoning.  If this is allowed, it will open doors for others to follows.

Gary Myers:  Once it is zoned C-1, the property owner can change the use and that use may be high impact.

Duane Kunkel:  How do you feel about traffic?  Do you have a problem with the street being used as entrance for Park?  (many in attendance said yes)

Joe Fiala:  I would like Council to know I am totally against the rezoning.

Motion by A. Tjelmeland, seconded by Kunkel, to close hearing.  Motion carried.  Hearing closed, 8:06 p.m.

Mayor Tjelmeland explained that a special or designated use permit may work in this area.

Council members discussed the request and Al Tjelmeland noted Plan and Zoning has recommended denial of

Ely City Council                                              -3-                                            November 11, 2002

the request and they have had more time to review it, so we put a lot of faith in their recommendation.  With their recommendation in mind and the City’s past history, I would probably deny the request, even though Mr. Schulte brings good insight into this request. 

Don Sturgeon explained that we do not have enough area for Commercial as we are mainly a  residential community.  Most citizens do not realize we need to attract Commercial businesses into town because of the tax issue, which is very important.  If we do not bring commercial business to town, the impact of increases on sewer and water costs will have to be solely paid by residents.

Karl Schmidt said he agrees with the other Council members that we need to attract commercial for services to serve our residents so everyone doesn’t have to drive to Cedar Rapids for everything.  This area would be ideal for commercial zoning if it were not surrounded by residential.  He also said he has to respect Plan and Zoning’s recommendation.

Duane Kunkel said that to him, spot zoning is the issue, but the location is ideal based on access to State Street.

Mark Banowetz said he wished to abstain from the discussion to avoid any appearance of conflict.

Motion by A. Tjelmeland, seconded by Kunkel, to deny request for rezoning of Lot 5 of Northgate 2nd Addition.  Banowetz abstained because he is a landlord, and the rest of the members voted aye.  Motion carried.

Public Hearing on Amendment to Urban Renewal District

Public hearing opened at 8:18 p.m. on expanding Urban Renewal Area of City to include new City Park.  No recommendation has been received from Plan and Zoning, so hearing was recessed to December 9, 2002, at 7:30 p.m.

Historic Preservation Committee- use of Community Center

Clary Illian asked to use the old Clerk’s office as area for Historic Preservation materials.  She also explained that she went to a fund raising workshop and was encouraged to see that funds may be available to expand the activities that could be done.  In addition to the room space, she would like to request permission to use the hallways and open spaces of Community Center to display a history of Ely and the area..

Motion by Schmidt, seconded by Sturgeon, to allow Historic Preservation Commission to proceed with using Community Center as a Historical Event Area.  Motion carried.

Southbrook 8th Addition – consideration of Design Engineering Standards f

Kunkel explained that he had looked into storm water information as submitted by Engineer and it looks satisfactory.  Council agreed that the storm water improvements for Southbrook 8th Addition meets satisfaction of City standards as was requested at meeting of October 14th.

Banner Valley Storm Drainage

Kunkel explained that he was disappointed that Hall & Hall Engineering didn’t address the removal of pipe on south side of Banner Valley Road.

Mayor and Council discussed the drainage.  There is a wider right of way on north side and the County need to recognize this and do something about fixing the problem.

Motion by Sturgeon, seconded by Schmidt, to share the Hall and Hall letter of November 4th with City Attorney and County Supervisors and have City Attorney proceed to talk to County.  Kunkel voted nay - Motion carried.

Ely City Council                                              -4-                                November 11, 2002

Water and Wastewater Matters

Motion by A. Tjelmeland, seconded by Sturgeon, to send letter to Wes Buresh and Ed Jones requesting meeting to discuss City obtaining land for Water tower.  Motion carried.

Engineer submitted Plan of Action for Wastewater facility that was sent to DNR.  He pointed out that Plan says we are keeping existing pond and a rate increase is being planned.  City will need about $100,000 for pre-construction design plans.  Discussion held on compliance schedule.  Banowetz questioned the time frame that states construction shall be completed by 11/30/04.  It was explained that this is a plan and as City proceeds the plan can be changed, including the time of construction.

Motion by Sturgeon, seconded by Schmidt, to accept Plan of Action for Wastewater facility and endorse sending a copy to DNR – Banowetz voted nay, Motion carried.

Engineer submitted Preliminary Plans and Specifications to reconstruct Well #1.  These plans were requested by Council in June of 2002.

Motion by A. Tjelmeland, seconded by Schmidt to accept Plans and Specifications from MMS Consultants on Well #1.  Motion carried.

Fire Station Project

Council reviewed letter from Fire Chief, Randy Zbanek, recommending acceptance of Fire Station.

RESOLUTION NO. 02-1111-38:  Resolved by Schmidt, seconded by Sturgeon, to accept Fire Station and approve Pay Estimate #8-Final of $26,100.50 as submitted by Point Builders.

AYE:  Sturgeon, Banowetz, Schmidt, Kunkel

ABSTAIN:  A. Tjelmeland   (he is a fireman)

NAY:  none

Resolution adopted.

Main Street/Banner Valley Project

Letter recommending approval of Change Order and Final Payment for the Main Street/Banner Valley Project was received from Shive Hattery Engineers.

RESOLUTION NO. 02-1111-39:  Resolved by Schmidt, seconded by Sturgeon, to approve Change Order #7 for an increase of $65,293.15 to the Main Street/Banner Valley Project.

AYE:  Banowetz, Kunkel, A. Tjelmeland, Schmidt, Sturgeon

NAY:  none

Resolution adopted.

RESOLUTION NO. 02-1111-40:  Resolved by A. Tjelmeland, seconded by Schmidt, to accept Main Street/Banner Valley Project. 

AYE:  Kunkel, A. Tjelmeland, Schmidt, Sturgeon, Banowetz

NAY:  none

Resolution adopted.

RESOLUTION NO. 02-1111-41:  Resolved by Schmidt, seconded by Sturgeon, to approve Pay Estimate #6 to Dave Schmitt Construction for $21,812.49 as Final Payment on Main Street/Banner Valley Project .

AYE:  A. Tjelmeland, Schmidt, Sturgeon, Banowetz, Kunkel

NAY:  none

Resolution adopted.

Ely City Council                                                -5-                                November 11, 2002

Worley Lane Road Bed

Discussion held on opening Worley Lane.  Letter was received from City Attorney that stated City does not have to open this street. 

Motion by Schmidt, seconded by Sturgeon, to take no action on opening Worley Lane and notify Koss and Weimerskirch that it is up to property owner to resolve the development issues.  Motion carried.

Dows Street Sidewalk

Mayor submitted a proposal from Jelinek/Olmstead for sidewalk along Dows Street.  Council determined they would like to see more specific drawings.

Motion by A. Tjelmeland, seconded by Schmidt, to table Dows Sidewalk to December meeting.  Motion carried.

Certification of TIF Debt

Discussion held on anticipated TIF projects and TIF funds available. 

RESOLUTION NO. 02-1111-42:  Resolved by A. Tjelmeland, seconded by Sturgeon, to certify with the Linn County Auditor’s office TIF debt for FY2004 of $173,750.

AYE:  Schmidt, Sturgeon, Banowetz, Kunkel, A. Tjelmeland

NAY: none

Resolution adopted.

Appointments

Motion by Schmidt, seconded by A. Tjelmeland, to re-appoint Bob Ballantyne to Plan and Zoning for a five year term.  Motion carried.

Motion by Sturgeon, seconded by Banowetz, to re-appoint Chris Boyd and Mike Machula to two year term on Recreation Commission.  Motion carried.

Tractor/Loader

Discussion held on purchasing Tractor/Loader.  Al Tjelmeland has submitted bids and contacted low bidder to get financing information.  Council reviewed these figures and held discussion on selling some City equipment, including maintenance building.

Motion by Sturgeon, seconded by Banowetz, to table discussion on Tractor/Loader until budget meeting of December 2, 2002.  Motion carried.

Motion by Schmidt, seconded by A. Tjelmeland, to adjourn.  Motion carried.  Meeting adjourned, 10:21 p.m.

                                                                                    __________________________

                                                                                    Thomas M. Tjelmeland, Mayor

ATTEST:

__________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

October 14, 2002

Meeting called to order at 7:30 p.m. by Mayor Protem, Allen R. Tjelmeland.  Present:  Mark Banowetz, Duane Kunkel, Al Tjelmeland, Karl Schmidt, Don Sturgeon.  Guests:  Keith Schulte, Linda Langston, Lloyd Duffe, Bob Wiemerskirch, Jim Miller, Deputy Sheriff..

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

Motion by Sturgeon, seconded by Schmidt, to approve meeting minutes of September 9 and September 16, 2002, as submitted.  Motion carried.

Upon motion by Sturgeon and second by Schmidt, August and September Treasurer’s reports were placed on file.  Motion carried.

FUNDAUG REVENUESAUG EXPENSESSEPT REVENUESSEPT EXPENSESGENERAL 13,451.7021,740.687,555.5115,927.10ROAD USE7,778.512,497.468,058.732,107.28TIF1,531.8311,600.54DEBT SERVICE106.551,209.28IPERS4.8997.11PROJECT FUND5,417.5533,191.00452,186.872,512.27LIB PROJECT5,417.557,252.085,319.82135.66WATER UTILITY10,953.837,068.708,109.861,718.85SEWER UTILITY10,089.889,196.6310,240.3217,243.51SANITATION4,475.393,340.784,570.783,206.41Deputy Sheriff distributed monthly report.

Correspondence was reviewed.  Al Tjelmeland noted that U S Cellular has requested the City of Ely lease space on the Water Tower to them.  A lease has been submitted and Council will get a copy for their consideration at the November meeting.

Petition to oppose any new east-west Street north of Dows Street

Lloyd Duffe submitted a petition requesting that the City of Ely not allow any more east-west streets north of Dows Street as the elevated railroad bed should not be lowered because of flooding concerns.  Schmidt asked Mr. Duffe if he would object to a street if the City was able to install it without changing the elevation of the railroad bed and Mr. Duffe said that had not been considered up to this point.  The petition was placed on file.

Recodification of 1997 City Code into the 2002 City Code

Public hearing opened at 8:00 p.m. on re-codification of Ely City Code.  Once the codification is complete, the Code will be known as the 2002 Ely City Code and replace the current 1997 City Code.  No oral or written objections were received. 

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

Ely City Council                                                -2-                                October 14, 2002

Motion by Schmidt, seconded by Kunkel, to place Ordinance No. 169 on first reading by title only.  Motion carried.

Motion by Sturgeon, seconded by Schmidt, to waive second and third reading and adopt Ordinance No. 169.  Motion carried. 

ORDINANCE NO. 169:  RECODIFY ELY CITY CODE AND ADOPT CODE AS THE 2002 ELY CITY CODE.

Request to waive utility fees at 1535 Main Street

Council reviewed past water usage of 1535 Main Street and the City Code as it relates to Council authority to waive fees for water that has passed through the water meter.  It was noted that the Code does not allow this.

Motion by A. Tjelmeland, seconded by Kunkel to deny request to waive utility fees for 1535 Main Street.  Motion carried.

Improvements to Worley Lane

Bob Wiemerskirch requested that the City make improvements to Worley Lane that would allow him to access his lot which is located at the northern most end of Worley Lane.  At present the right of way is there, but there is no roadbed.  Al Tjelmeland suggested that it would be difficult to proceed with this as Linn County owns half of the right of way and the improvements would have to be approved by both the City and County.  Discussion held on allowing Mr. Wiemerskirch to proceed with surfacing right of way with rock so he can access his property.  Council discussed snow plowing and adherence to City specifications.  Council decided that City Attorney should be contacted for advice on how to proceed.  Karl Schmidt agreed to contact City Attorney and report back to Council

Southbrook 8th Addition-Plan of Improvements

Council members reviewed letter from City Engineer in regard to proposed improvements for Southbrook 8th Addition.  Duane Kunkel noted that he does not like the idea of installing a 36” storm sewer pipe along Banner Valley Road as a ditch would save the taxpayers a great deal of money and the pipe that is there now is not going to be adequate.

RESOLUTION NO. 02-1014-34:  Resolved by Kunkel, seconded by Schmidt, to approve all improvements as submitted in the Plan of Improvements for Southbrook 8th Addition, except for 36” storm sewer pipe until verification of approval of storm water calculations for property east of the 8th Addition adheres to accepted Engineering Standards and that approval is submitted to City Council.

AYE: Sturgeon, Banowetz, Kunkel, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Fire Station Project

Motion by Kunkel, seconded by Banowetz, to table acceptance of Fire Station and Final Payment until November meeting.  Motion carried.

Ely City Council                                                -3-                                            October 14, 2002

Approval of Zoning Map

RESOLUTION NO. 02-1014-35:  Resolved by Sturgeon, seconded by Schmidt, to accept recommendation of Plan and Zoning and approve Zoning Map as submitted.

AYE:  A. Tjelmeland, Banowetz, Kunkel, Schmidt, Sturgeon

NAY:  none

Resolution adopted.

Karl Schmidt asked that a letter be sent to Plan and Zoning expressing the Council’s gratitude for the work they put into updating of the zoning map.

Resignation of Jack Hooten from Plan and Zoning – Appointment to fill vacancy

Motion by A. Tjelmeland, seconded by Sturgeon, to accept, with regret, the resignation of Jack Hooten from Plan and Zoning.  Motion carried.

Letter has been received from Terry Smith expressing interest in serving on Plan and Zoning.

Motion by Sturgeon, seconded by Schmidt, to appoint Terry Smith to fill the vacancy on the Plan and Zoning Commission.  Motion carried.

Karl Schmidt asked that a letter also be sent to Jack Hooten thanking him for his service.

State Street Culvert Project

RESOLUTION NO. 02-1014-36:  Resolved by Sturgeon, seconded by Schmidt, to reject all bids for the State Street Culvert Project as they were all well above original estimate.

AYE: Banowetz, Kunkel, Schmidt, Sturgeon, A. Tjelmeland

NAY: none

Resolution adopted.

Renewal of Liquor Permit and Sunday Sales-Odie’s

Motion by A. Tjelmeland, seconded by Sturgeon, to approve renewal of Odie’s Liquor and Sunday Sales Permit.  Motion carried.

Amendment #2 to Urban Renewal District

RESOLUTION NO. 02-1014-37:  Resolved by Schmidt, seconded by Kunkel, to set a Public Hearing for November 11, 2002 at 7:30 p.m. for purpose of amending Urban Renewal District to include newly purchased park. 

AYE: Kunkel, Schmidt, Sturgeon, A. Tjelmeland, Banowetz

NAY: none

Resolution adopted.

Tractor/Loader for City

Al Tjelmeland distributed bids he has received for a Tractor/Loader for the City.  Discussion held on ability to finance this purchase.  Council agreed that the Tractor/Loader was needed, but more time is needed to determine if this can be financed at this time.  This will be discussed further at the November meeting.

Ely City Council                                                            -4-                                October 14, 2002

Dows Street Sidewalk

It was determined that there was not enough information available to discuss the Dows Street Sidewalk, so it will be put on November agenda.

TOWN MEETING    OCTOBER 28, 2002  -   6:30 P.M. AT COMMUNITY CENTER

Plan and Zoning has been working with Tim Vick to draft a comprehensive plan.  Surveys are being distributed for community input and there is a town meeting scheduled for October 28, 2002 at 6:30 p.m. in the Community Center.  Council would like as many people as possible to attend.

Discussion Items

Duane Kunkel asked for approval to spend up to $800 to have the Silo Foundation at new park dug up.  He also would like to do another soil test to run water into the east end of park.  When the first test was done, they went about 10 feet into the park property and hit rock at about 3 ˝ feet.  Council decided that Gary can haul away the Silo foundation and save the City the $800.

Clerk informed Council that it is necessary to watch very closely any money that is being spent as the FY2003 budget is very tight. 

Motion by Sturgeon, seconded by Kunkel, to adjourn.  Motion carried.  Meeting adjourned, 10:08 p.m.

                                                            ____________________________________

                                                            Allen R. Tjelmeland, Mayor Protem

ATTEST: _____________________________

                 Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

September 16, 2002

Meeting called to order at 7:00 p.m. by Mayor Thomas M. Tjelmeland.  Present:  A. Tjelmeland, Duane Kunkel, Karl Schmidt, Don Sturgeon, Mark Banowetz.  Guests: Ed Brinton, Cary Solberg, George Storm.

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

FY 2002 STREET FINANCE REPORT

RESOLUTION NO. 02-0916-33:  Resolved by A. Tjelmeland, seconded by Schmidt, to approve FY2002 Street Finance Report and direct Clerk to forward to proper agencies.

AYE:  A. Tjelmeland, Schmidt, Sturgeon, Banowetz, Kunkel

NAY: none

Resolution adopted.

WORK SESSION – WATER AND WASTEWATER IMPROVEMENTS

Work session held on needed water and wastewater improvements.  Both a water tower and a new sanitary sewer system are needed.  The present lagoon system has had a number of improvements made that should make it possible to delay the sanitary sewer system longer than the water tower.

Engineers, Ed Brinton and Cary Solberg distributed proposals and projections for these projects.  Financing the projects was discussed at length.  It will be necessary to raise utility rates and needs to be done now.  Hopefully, the City can raise the rates so that there is some reserves for the City at the time of construction.

Council discussed the size tank needed and did a cost comparison of different sizes.  A 300,000 tank would be in the best interest of the City both in length of time it will be sufficient for the growth and in the cost effectiveness.

Council reviewed a number of sewer systems that are available.

Motion by Kunkel, seconded by Sturgeon, to adjourn.  Motion carried.  Meeting adjourned, 9:20 p.m.

                                                                                    ____________________________________

                                                                                    Thomas M. Tjelmeland, Mayor

ATTEST:

______________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

September 9, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland.  Present:  Duane Kunkel, Karl Schmidt, Don Sturgeon, Mark Banowetz, A. Tjelmeland.  Guests: Gary Whittom, Jim Miller, Bonnie Levien, Deputy Sheriff, Burdette Voss.

Motion by Schmidt, seconded by Banowetz, to approve agenda after adding item to discuss putting a water line into new Park.  Motion carried.

Motion by Sturgeon, seconded by Kunkel, to approve minutes of August 19, 2002 as submitted.  Motion carried. 

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

Bond Sale – City of Ely - $450,000 General Obligation Bonds

RESOLUTION NO. 02-0909-30:  Resolved by Sturgeon, seconded by Schmidt, to appoint Bankers Trust as Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement for $450,000 General Obligation Bond Sale, Series 2002.

AYE:  A. Tjelmeland, Schmidt, Sturgeon, Banowetz, Kunkel

NAY:  none

Resolution adopted.

Motion by Sturgeon, seconded by Schmidt, to approve Tax Exemption Certificate for $450,000 General Obligation Bonds, Series 2002.  Motion carried.

Motion by Schmidt, seconded by Sturgeon, to approve Continuing Disclosure Certificate for $450,000 General Obligation Bonds, Series 2002.  Motion carried.

RESOLUTION NO. 02-0909-31: Resolved by A. Tjelmeland, seconded by Schmidt, to authorize the issuance of  $450,000 General Obligation Bonds, Series 2002.

AYE:  Kunkel, Banowetz, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Reopen Recessed Public Hearing on Vacating of Alley Right of Way – A.P.#101

Public hearing reopened at 7:37 p.m. on vacating of alley right of way for A.P. #101.  No oral or written objections were received.  Gary Whittom asked if this alleyway would be sold.  Mayor explained that it will be deeded back to adjacent property owners and City will maintain easement rights.  FJ Krob has not sent in request.

Motion by Kunkel, seconded by Schmidt, to close Public hearing.  Motion carried.  Hearing closed 7:39 p.m.

Council agreed to go forward with the vacation as soon as Krob request is submitted.

Requests to waive utility fees

Discussion held on adjusting utility bill for 1845 Highland.  The owners had submitted a letter requesting that an adjustment be made because the outside meter read far less than the inside reader.  The City recently had

Ely City Council                                              -2-                                September 9, 2002

Occasion to read the inside meter and that was when it was discovered there was a significant difference.  These owners say that they have lived in the home only a short while and it appears that the outside reader has been misreading a long time.  The outside reader will be replaced and owners must pay for that.  The owners have also asked to have the reader moved to a place so that they can keep their dog in the fenced area and the reader can still be read.  The owners will also need to reimburse City for the time that it takes the City Employee to move the meter.

Motion by A. Tjelmeland, seconded by Schmidt, to adjust utility bill for 1845 Highland and send corrected utility bill that will be due September 15th based on average usage.  Motion carried.

Council reviewed letter from Burdette Voss, owner of 1535 Main Street, in regard to a waiving the water fees for his tenants.  They had water in the crawl space and it was assumed it was from storm water, but after time went by and it had not cleared up, they went in to check and found it was a water leak from the pipe.  There was also a leaky toilet and the renters now have two consecutive bills of over $100 each month.   Mr. Voss asked that Council review this request and grant some kind of a waiver because there was no way to immediately notify the leak in the crawl space.

Motion by A. Tjelmeland, seconded by Banowetz, to table request from 1535 Main Street until we get another reading.  Motion carried.

Deputy Sheriff distributed the monthly report and reported they have been monitoring speeding and stop sign violations on Jappa Road.

Dows Street Sidewalk 

Motion by Kunkel, seconded by A. Tjelmeland, to table Dows Street Sidewalk till more information is available.  Motion carried.

Street Light Resolution – Southbrook Seventh Addition

RESOLUTION NO. 02-0909-32:  Resolved by A. Tjelmeland, seconded by Sturgeon, to approve installation of three streetlight in Southbrook Seventh Addition. 

AYE:  Banowetz, Kunkel, A. Tjelmeland, Schmidt, Sturgeon

NAY:  none

Resolution adopted.

Adding North Park Additions to TIF District

Discussion held on adding North Park Additions to City’s TIF District to allow extra TIF funds for development of the New Park.   Mayor explained that the amount of money the City certifies as needed each year, affects the amount that is left for the General Fund and not the size of the TIF District.  Since Council only wants to increase the TIF District to allow for development of City Park, it was determined that the North Park Additions should not be added to the District, but the new Park should be added as then TIF Funds can be used for development. 

Motion by A. Tjelmeland, seconded by Sturgeon, to amend TIF District to include new City Park.  Motion carried.

Revisions to Animal Ordinance

Motion by A. Tjelmeland, seconded by Kunkel, to table Animal Ordinance at least until January 2003.  Motion carried.

Ely City Council                                                -3-                                            September 9, 2002

CLOSED SESSION Louis Field Addition and Acquiring Land for entrance to new park

Motion by A. Tjelmeland, seconded by Schmidt, to go into closed session as allowed by State of Iowa Code, Chapter 21.5 subparagraph C, to discuss matters that are presently in litigation and to also go into closed session as allowed by State of Iowa, Chapter 21.5 subparagraph J, to discuss purchase of  particular piece of Real Estate where premature disclosure could be reasonably expected to increase the price.  Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to come out of closed session.  Motion carried.

RESOLUTION NO. 02-0909-33:  Resolved by Schmidt, seconded by Sturgeon, to offer owner of land desired for City Park $1500 and that all assessments for improvements shall be waived for this owner.

AYE: Banowetz, Sturgeon, Schmidt, A. Tjelmeland, Kunkel

NAY: none

Resolution adopted.

Discussion items

Mayor explained that he had met with Dick Ransom from Hall & Hall Engineers about Banner Valley Road.  Dick will send City a letter.