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 8^th Addn

Discussion held on whether it would be necessary to install 12-inch water line in certain areas of Southbrook 8^th 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 8^th 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 9^th 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 2^ND ADDITION

Public Hearing opened at 7:38 p.m. on request to rezone lot 5 of Northgate 2^nd 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 2^nd 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 8^th 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 8^th Addition meets satisfaction of City standards as was requested at meeting of October 14^th.

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 4^th 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 8^th Addition-Plan of Improvements

Council members reviewed letter from City Engineer in regard to proposed improvements for Southbrook 8^th 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 8^th Addition, except for 36” storm sewer pipe until verification of approval of storm water calculations for property east of the 8^th 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 ½ 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 15^th 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.

Mayor noted that the City needs a Master Plan for Park as it goes into the TIF District. A Laura Hawks has done the planning for Fairfax Park. She could submit something for our 19 acre site in rough draft form and then go to Park & Recreation with this draft.

Duane Kunkel asked for 60 more days before we proceed with a master plan as he can work with State people and this should save a great deal of money. The infrastructure needs to be done before the Master Plan and people who draw Master Plans tend to forget the infrastructure needs. Don Sturgeon noted that the first rough draft drawn by a planner did show some drainage.

Council discussed running a water line to new City Park from the North Park Additions. There is a contractor installing water line to the North Park Addition, so if water is going to be extended to the east end of park, this is the time to do it. Before this can be done, a test hole is needed to assure the ground is soft enough. It was suggested that Rob Brown be contacted for laying the pipe, but Duane should work with the contractor about doing a soil test. Trenching a 2” water line should be about $2000.

Gary Whittom and Duane Kunkel will coordinate running a water line into the east corner of the new park.

Motion by Sturgeon, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 9:41 p.m.

__________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

__________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

August 19, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: A. Tjelmeland, Mark Banowetz, Karl Schmidt, Don Sturgeon, Duane Kunkel. Guests Present: Keith Schulte, Jim Kramer, Scott Olson, Dean Spina, Lloyd Duffe, Karen Lourens, Mary Fox, Rex Ramsay Jeff Streitz, Doug Bottorff, Gary Whittom, Jim Miller, Jim Serbousek, Bob Weimerskirch, Ed Brinton.

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

Motion by Sturgeon, seconded by Kunkel, to approve minutes of July 15^th, July 29^th and August 12, 2002. Motion carried.

Motion by Schmidt, seconded by Sturgeon to approve bills as presented, except to delay payment to Aeration Industries until Engineer, Ed Brinton, approves payment. Motion carried.

July Treasurer’s report placed on file upon motion by A. Tjelmeland and second by Kunkel. Motion carried.

FUNDJULY REVENUESJULY EXPENSESGeneral Fund3,154.72 12,165.67 Road Use Tax7,809.67 2,933.27 Debt Service444.46 TIF Funds1,608.09 IPERS(Trust & Agency)39.59 Library Project5,417.551,225.85Firestation Project26,100.50Street Project6,173.55 Sanitary Utility4,344.19 3,346.52 Water Utility9,539.77 17,752.07 Sewer Utility9,526.71 14,018.80 Monthly reports and correspondence placed on file.

Karen Lourens, from Signal Publishing, proposed establishing a City newspaper for Ely. She would like to have City be a part of this endeavor and encourage citizens and others to supply local news and events of interest. She also asked if the City would be willing to help financially as the newspaper gets established. Council recommended that Karen work with City Clerk to get further information and report back to Council.

Bond Sale – Geneva Corporation

Public Hearing opened at 7:54 p.m. on issuance and sale of not to exceed $5,000,000 Nonprofit Housing Revenue Bonds. No oral or written objections received. Dean Spina explained that these Bonds are being issued to do major renovation and refinancing for Geneva Towers. This is a 13^th story residential building to provide housing for elderly, low income and disable residents and is a Presbyterian Church Project.. The City of Ely will not incur any cost, but is being asked to be the conduit so the bonds can have tax-exempt status. Scott Olson, representing the Geneva Towers Board of Directors, expressed his appreciation for City of Ely making this bond issue possible for tax exempt sale. The interest savings and insulation upgrades will enable the Board to do major improvements and not have to increase charge to tenants.

Motion by Kunkel, seconded by Sturgeon, to close public hearing. Motion carried. Hearing closed, 7:58 p.m.

Ely City Council -2- August 19, 2002

RESOLUTION NO. 02-0819-24: Resolved by Schmidt, seconded by A. Tjelmeland, to approve proceeding with the issuance and sale of not to exceed $5,000,000 of Nonprofit Housing Revenue Bonds, Series, 2002.

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

NAY: none

Resolution adopted.

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

Rex Ramsay, Bond Consultant from USBancorp – Piper Jaffray, explained that at 2:00 p.m. today, he had met with City Clerk in City offices and received bids on $450,000 of General Obligation Bonds. Five bids were received and Mr. Ramsay presented the Mayor and Council with a report of those bids. Low bid was received from Ruan Securities of Des Moines. The Net Interest rate is 3.5695% and Net Interest cost is $106,817.50. These bonds are scheduled for 10 years repayment, but are callable after seven years. They are being issued for projects in the Urban Renewal Area of the City, so they are exempt from both State and Federal taxes and they will be repaid with TIF Revenues. Mr. Ramsay recommended that Council proceed with Public Hearing and highly recommended that City accept bid from Ruan Securities.

RESOLUTION NO. 02-0819-25: Resolved by Sturgeon, seconded by Schmidt to ratify, confirm and approve publication of Notice of Public Hearing and Notice of Bond Sale for $450,000 of General Obligation Bonds.

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

NAY: none

Resolution adopted.

Public Hearing opened at 8:06 p.m. on the issuance of $450,000 of General Obligation Bonds. No oral or written objections received. Motion by Schmidt, seconded by Sturgeon, to close Hearing. Hearing closed at 8:07 p.m.

RESOLUTION NO. 02-0819-26: Resolved by Schmidt, seconded by Kunkel, to institute proceedings to take additional action necessary for Sale of $450,000 of General Obligation Bonds.

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

NAY: none

Resolution adopted.

RESOLUTION NO. 02-0819-27: Resolved by A. Tjelmeland, seconded by Kunkel, to direct Sale of $450,000 of General Obligation Bonds to Ruan Securities of Des Moines, IA at a net interest rate of 3.5695% and net interest cost of $106,817.50 over the 10 year life of the Bonds.

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

NAY: none

Resolution adopted.

Purchase of Alley Right of Way – A.P. #101

Public Hearing opened at 8:10 p.m. on vacating alley adjacent to all lots in A.P. #101. It was determined that one property owner has not yet submitted a request for this vacation. Jim Miller will be contacting that property owner.

Motion by A. Tjelmeland, seconded by Kunkel to recess Public Hearing on vacating alley adjacent to lots in A.P. #101 until Council meeting of September 9, 2002. Motion carried.

Ely City Council -3- August 19, 2002

State Street Culvert (Bridge) and Sidewalk

Jeff Streitz and Doug Bottorff, from Shive Hattery Engineers, presented design and proposal for State Street Culvert and sidewalk which will be similar to the Main Street Bridge. Anticipated construction cost is $270,000 and does not include any Engineering, but does include the needed water main work. This is well over the Council’s original cost projection. A box culvert design would save approximately $100,000. Discussion held on alternatives and routing traffic, including trucks and semis, if the City does proceed with the project.

RESOLUTION NO. 02-0819-28: Resolved by A. Tjelmeland, seconded by Kunkel, to authorize Shive Hattery Engineers to proceed with Plans and Specifications for State Street concrete structure with Engineering from design through bidding to be done at a cost to not exceed $13,000.

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

NAY: none

Resolution adopted.

Dows Street Sidewalk

Mayor Tjelmeland explained that Burdette Voss is ready to extend water to his building on Dows Street and will need to tear up the sidewalk in front to do this. There is the option to use this as a time to replace sidewalk and put in curb and gutter along the half block of Dows Street that does not have it. We can do this or Burdette Voss to just replace sidewalk in front of his building. It was determined that we need to research this and bring back to Council.

Request for waiver of sewer fees for second meter for irrigation system at 1765 North Dr

Jim Kramer requested that he be allowed to install a second meter for an irrigation system and to have sewer fees waived for that meter. Discussion held and Mayor recommended that ordinance be changed to allow for a second meter.

Motion by Sturgeon, seconded by A. Tjelmeland, to direct City Clerk to work with City Attorney to draft a change to the City Code to allow separate meter for irrigation systems. Motion carried.

Motion by Kunkel, seconded by A. Tjelmeland, to approve installation of separate meter at 1765 North Drive for irrigation system. Motion carried.

Development of Lot on West side of Worley Lane – North of 1315 Worley Lane

Request was received from Bob Weimerskirch to discuss the responsibility of extending Worley Lane Northerly past 1315 Worley lane to a 1.94 acre lot so that he can build on the lot.

Mayor suggested that this request be forwarded to City Engineer to determine requirements for access. After further discussion, Council suggested that Mr. Weimerskirch contact County as City of Ely only owns right of way to the center of the road. Council also explained that developer should present proposal for improvements and further discussion can be conducted at that time.

Resolution Final Plat of Southbrook Seventh Addition

Final Plat of Southbrook 7^th Addition was reviewed. It was noted that paving stopped four feet short of County owned property. Duane Kunkel asked if City could get a separate agreement or require a certain amount be put in escrow until such time as paving became necessary.

RESOLUTION NO. 02-0819-29: Resolved by Schmidt, seconded by A. Tjelmeland, to accept improvements and approve Final Plat of Southbrook Seventh Addition.

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

NAY: none

Resolution adopted.

Ely City Council -4- August 19, 2002

Night Construction Work – City Code Chapter 3-1-2 Paragraph 2

Discussion held on allowing the City to make exception to noise ordinance to allow concrete cuts for new streets. The Sheriff’s Department had received a complaint about a construction crew doing work in the middle of the night and had responded by shutting the work down as the present City Ordinance can be interpreted to not allow this type of work. Keith Schulte explained that this type of event is not going to happen very often, but it is necessary to do concrete cuts when the concrete has cured to the right stage. If it is not done when needed, it could result in serious street cracks.

Council determined that for the time being the Contractor would notify City Hall when cutting concrete is going to be necessary after 10 p.m. and City Hall will notify Sheriff’s Department. Mayor suggested that the City should change the ordinance to allow for this type of work. Council members will think about this and discuss it at a future meeting.

Maintenance Concerns

Gary Whittom updated Council on completion of first phase of sewer maintenance program. He stated that a new manhole is needed on Hillcrest and Council told him to go ahead and replace it. Gary would also like to do some videotaping on Hillcrest and in the alleyway between State and Walker Streets. Council also encouraged Gary to proceed with doing the videotaping that is necessary.

Gary has found a used backhoe for $43,500 and it has a 90 day warranty. Owner has agreed to work with City on financing. Gary and Al Tjelmeland will talk to dealer about financing arrangements.

Revisions to Animal Ordinance

Motion by Sturgeon, seconded by Kunkel to table discussion on Animal Ordinance until the meeting of September 9, 2002. Motion carried.

Discussion

Ed Brinton showed proposed plans for relocating Well #1. Well #1 produces great water, but because of its age, the City needs to determine if they want to take the chance of it going out or if they want to proceed with plans to replace it. Once the building is replace, the City can turn on Well #2. City will need to have Alliant remove line above the current well. Ed will continue with Plans and Specifications for design as presented.

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

____________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

JOINT MEETING WITH LINN COUNTY

August 12, 2002

Meeting called to order at 4:30 p.m. by Mayor Thomas Tjelmeland. This was joint session with Linn County Supervisors; Lumir Dostal, Lu Barron and James Houser. Council Members Present: Allen Tjelmeland, Don Sturgeon, Mark Banowetz, and Duane Kunkel. Others in attendance: Steve Gannon, County Engineer, Becky Shoop, Keith Carson, Butch & Annette Wieneke, Lloyd Duffe, Jerry. Leaton and Keith Schulte, Schulte Development.

Lumir Dostal explained that the Supervisors walked the Banner Valley Road site on August 7, 2002, and were there for about an hour and a half.

Mayor Tjelmeland explained that Ely development decisions on the south side of Banner Valley Road were made based on designs available at the time. There were no waterways for Southbrook Addition except where the two culverts came through. Engineer’s were consulted and those plans were used when approving Ely Development. Since that time, there have been changes on north side of road including change to bridge and culverts. Te City of Ely and the developers are concerned about conditions that now exist. The water has washed gravel off road a couple of times. The City believes that what they have done is sufficient.

Mayor also explained that the City is not responsible for the problem on the north side of the road and they are interested in protecting the citizens of Ely on the south side of the road. The preliminary plat has over 300 lots on the south side of the road.

Steve Gannon explained a timber bridge existed for many years and it had silted in to the point that you needed to lay down flat to get under the bridge. That bridge was replaced with twin culverts in the early 70’s. Water has always gone down both sides of the road and over the road in some situations. There was never a plan to design for all the water to go down the North side and the 54 inch culverts made Ely aware that all water in not going down the north side. Steve explained that there is always going to be a little difference of opinion as to what should be done, but you’ll never stop the possibility of water going across the road. County designs for 10 year flood and Ely developers designed for a 5 year flood on the south side.

Keith Schulte read a letter from Hall and Hall Engineer’s explaining the changes that have been done by the County that they believe created problems on the south side.

Discussion held on creating a water way down the south side close to road that would be attractive and handle the water.

Al Tjelmeland said that when the bridge was taken out, two 72 inch culverts were put in and now there are just two 54 inch culverts there. Steve Gannon said that if there were two 72 inch in there, that wouldn’t always take care of the problem. He noted that there is always going to be a difference of opinion on the solution, so the City and County should join in hiring and independent Engineer.

Lu Barron agreed that this would be a good idea.

It was suggested that the County and City would need to establish criteria before an Engineer could proceed.

Keith Schulte explained that storm sewers for his developments are designed for the five year event but overflow is also designed to take larger events.

Ely City Council -2- August 12, 2002

Since the City, developer and County have paid for Engineering research and design, it would save time and money to have Steve Gannon and Hall and Hall Engineer work together on this problem.

Duane Kunkel suggested that we see if the ditch on the south side is big enough to leave open as a drainage way to take excess water from the north side. If this is possible, maybe a tube won’t be necessary for the rest of the 600 feet of Banner Valley Road to the west.

It was agreed that correspondence from County and minutes from the last two meetings would be forwarded to Hall and Hall Engineer. County also asked for a preliminary plat of the south side.

Al Tjelmeland thanked the Supervisors for coming and also asked them to look at County ditches just north of Ely. They are overgrown and deer hide out in that area creating additional safety concerns for motorists.

Mayor Tjelmeland stated that he would like City and County to discuss possibility of using side of roadways for trails. This is being done successfully in other areas,

Motion by A. Tjelmeland, seconded by Kunkel to adjourn. Motion carried. Meeting adjourned, 5:55 p.m.

__________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

July 29, 2002

Meeting called to order at 4:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Mark Banowetz, Al Tjelmeland, Karl Schmidt, Duane Kunkel (5:15pm). Guests: Lumir & Sara Dostal, Steve Gannon, Keith Schulte, Butch & Annette Wieneke, Lloyd Duffe, Bob Touchberry, Bob Ballantyne,Matt Fluharty, Anna & Lumir Klima, Jerry Leaton, Richard Netolicky, Keith Carson, Maurice Garnant, Everett Spidle, and Glenn Buresh,

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

Correspondence: Request from St. John’s church to close Walker St on August 18, 2002.

Citizen’s comment: Lloyd Duffe requested right to speak during discussion of business items to follow later in meeting.

Banner Valley Road Storm Water Drainage: Mayor started discussion stating that culverts as installed on the county side of Banner Valley Road apparently hold storm water back rather than draining the water away from the Schulte Development on the South side of the Road and has at times washed out the road. Concerns regarding the culverts as installed and approved by the county needs to be dealt with to avoid future problems and liability to the City.

Keith Schulte, of Schulte Development stated: On Oct. 16, 2000 he expressed concerns to Steve Gannon the county engineer regarding road/culvert concerns. In 1999, Hall & Hall Engineering had completed a study on Banner Valley Road for the City of Ely. Schulte’s development drainage designs were based on the results of this study. In Oct., 2000, Hall & Hall (Gary Cassidy) sent a letter to Linn County Road Dept. explaining concerns in regard to a permit issued to Butch Weineke for installation of a culvert. In a letter to Weineke’s, granting approval for the culvert. the County recommended 103” x 71” culver, however a smaller culvert was installed. It was also noted that a Box culvert from the north to the south side of road had been blocked for many years and was recently opened and still doesn’t handle the water.

Mayor summarized the problems by stating that 2 culverts have been installed up stream from the twin 72’s culverts and that go under the road are undersized. They are on the county’s side of the road and the City has no jurisdiction on that side of the road. Any design flaws with what has been installed is the County’s responsibility. The cities position is to protect Ely’s citizen’s (which includes the Schulte Development) from any hazards such as flooding.

Hall & Hall’s study completed in 1999, included a 36” storm sewer on south side of Banner Valley and developments were based on criteria of this study. On the county’s side of road, changes have not been made utilizing the Hall & Hall study, The study had been made available to the county.

Steve Gannon, Linn Co. Engineer stated the county followed their rules at the time culverts/driveway were put in. 410 acres drains through from one side of road to other since the 1920’s. Doesn’t know when county changed drainage to north side of road. Timber bridge was put in where 15” diameter culvert used to be. (the 2-72”s culverts he installed back in the 70’s). All water in 1936 went through that box culvert, now the Schulte property. County put in culverts to get rid of a deteriorating 20’ bridge. A timber bridge was put in to replace the 54. Both sides of road had to have something done. Mayor stated: “Water runs over the road and comes from the county’s side.”

Ely City Counci 2 July 29, 2002

Lumir Dostal asked is the road protecting someone downstream now from high water? Is road acting as a detention basin? Concerns to be looked at!

Mayor - “Before wood bridge was changed and the Wieneke driveway installed, we had less problems than we have today.

Lumir asked if watershed has changed. Mayor said it has been due to a detention pond being put in for 20-24 acres. What has changed is … 2 culverts were installed and now a lot more water is running over the road than used to.

Al Tjelmeland stated 2 - 72” culverts were designed to carry water from the north side under the road and was approved by the county. Upstream, county has choked water down.

Mayor: Water is running on the north side of Banner Valley all the time and is a “drainage creek” not just a “water way”. In the 1940’s, County acquired more property on north side of Banner Valley and has cleaned it out three times to get the water to run but never blocked up to get the water to the south side. County has also cleaned out south side of ditch twice. Engineering firms are not communicating with engineering dept. of the County.

Steve Gannon: County cleaned out ditch at the time twin culverts were put in. Water that goes down Banner Valley, used to go down through the field.

Al: “When County cleaned out ditch and put 72” culverts in, why didn’t county unblock the box culvert up the road then? It had big boulders and trees in it!” Gannon: “Don’t know that anyone looked at it at that time! About 15 years ago, the county cleaned it out once and one time after that.

Al: Keith Schulte has rough prices of what it would cost to put a bigger tube in which would solve the problem. Steve says the water is going to go over the road no matter what size culvert you would put in. Ditch has to be cleaned out quite often. Weineke’s gave some extra ground to flatten some slopes out and cleaned ditch again. Allows water to flow through and 54 is the county’s problem. Gannon: County is not going to raise the road two feet to keep water on the other side to solve the problem. All water has to get to City’s side of road and City has to decide what to do with City’s half of 8x5.

Lumir Dostal: Cleaning up process has to take place all the time due to silting in from farmland drainage and a low slope. What kind of problems will this cause downstream for other people?

Mayor: Looks like to me, and a lot other people, that the culverts are restricting the flow of water. More restricted now than it used to be. Water now runs over the road sooner than it used to.

Lumir: Wants to look at problem more and get other two supervisors involved and work with Steve Gannon.

Mayor: “This needs to be addressed and looked at quickly!”

Al: Wants supervisors to contact council and Keith Schulte when they come to look at so all can be present to voice concerns.

Lloyd Duffe: H&H survey with engineers goes back to 1913. Original aerial maps show drainage for area went through the culvert and down other side of the road through the field which is now a housing area. City, county and citizen’s need to work together.

Ely City Counci 3 July 29, 2002

Keith Carson: Seen water over Banner Valley road many times since 1936.

Richard Netolicky : Prior to 55-60’s, was a treed waterway 100-150 feet from road. Took water from hillside and box culvert down in the field. Water-way and trees have been removed causing part of the problem. Drainage has been changed. In past 60 years, road has been flooded many times.

Glen Buresh : Has Core of Engineers ever been talked to? Tom: “No because don’t know when change of flow was done.” In last two years, hasn’t been a change in flow of water, not since start of Southbrook Development. Water has gone down along side of the road.

Plan of action: Board of Supervisor’s need to meet and get back together with the City.

Robert Touchberry: Farm Service Administration aerial photo’s and contour maps of the land show very little change in elevation of land. Would take a very large dike to keep water from going over the road. Need to have adequate provisions made to be sure tiles downstream still drain. Can’t interfere with someone else’s property.

Lumir: Will try to get taken care of within the next couple weeks.

Butch Weineke: Worked with the county to put culvert in and gave extra land (40’) to scrape back ditch and lower grade in order to flood field rather flood the ditch.. Road is now higher than his side of the bank where it wasn’t before. Has a big ditch in his driveway so water can back up there and flow around and flood into his area. Still trying to divert more water back there. Wants to work with everyone to solve the situation.

NORTHGATE DRIVE

Duane Kunkel is working on this issue with Lon Slowey. Motion by A. Tjelmeland, seconded by K. Schmidt to table till next meeting. Motion carried.

LIBRARY RENOVATION FINANCING

Ely Manor is still working on paperwork and is 2-3 weeks from having papers finished regarding the $165,000 contribution. Friends of the Library has transferred into their fund by the Krob’s, $123,000, for a total of approximately $300,000 available. Until the market is better for selling bonds and/or Ely Manor funds come in, Friends of the Library is asking City Council for a Resolution to Guarantee Construction financing through the Solon State Bank so they can get some of the construction bills paid.

City will not borrow any of the money. Friends of the Library will borrow, using the Ely Manor and Krob estate funds as collateral. Friends of the Library are not a governmental body and just want the city to guarantee the financing.

RESOLUTION NO. 02-0729-23: Resolved by D Sturgeon, seconded by A. Tjelmeland to guarantee financing for construction of the library for the Friends of the Library.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Banowetz

NAY: none

Resolution adopted.

St. John’s Lutheran Church - street closing

Request to close Walker St. August 18, 2002 in front of St. John’s for their Polkafest.

Ely City Counci 4 July 29, 2002

Motion by Schmidt, seconded by Banowetz to close Walker St on August 18, 2002. Motion carried.

There was further discussion by Lloyd Duffe regarding Northgate Dr.. He does not want to see same problems as Banner Valley Rd presently has with water run-off. Plans will need to be looked at closely regarding opening road and development of park and water run-off. Planned as a park rather than housing development to help with water issue. Comisky Ct. has water standing in yards after a rain and would like the City’s engineer to check into this problem. Water stands in yard but does not get in basements. Bob Ballantyne spoke on behalf of Linn County Trails and stated the D-O-T has available for a short period of time, $50,000 for trail development or old railroad R-O-W development. Ideas to consider are developing old Railroad R-O-W with utilities or developing trail along river. Tim Vick, hired by the City to do a comprehensive plan, would like to get a questionnaire out to the citizens of Ely soon. City can get a mailing out to the citizen’s through the clerk’s office.

Motion by Schmidt, seconded by Sturgeon to adjourn meeting. Motion carried. Meeting adjourned, 5:30 p.m.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

__________________________

Cindy Hintz Rush, Deputy Clerk

ELY CITY COUNCIL

REGULAR MEETING

July 15, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Mark Banowetz, Duane Kunkel, Al Tjelmeland. Guests: Lloyd Duffe, Jim Miller, Dean Spina, Keith Schulte, Ed Brinton.

Motion by Sturgeon, seconded by Schmidt, to approve agenda after adding discussion items. Motion carried.

Duane Kunkel asked that minutes of June 10, 2002, be revised, adding some of his discussion points in regard to purchasing playground equipment. He presented the following and asked that it be made part of the minutes: Also, Duane Kunkel made the point that, basically, we have the same type of equipment at the Community Center. The Community Center is only three or four blocks away and surrounding communities, such as Iowa City and others, don’t have equipment located within three or four blocks of each other. He was concerned that if the City proceeds with spending the $30,000 for play ground equipment, that one expenditure will use up most of the available Local Option Sales Tax funds.

Motion by Sturgeon, seconded by Schmidt, to approve minutes of June 10, 2002, as revised. Motion carried.

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

Motion by Schmidt, seconded by Sturgeon, to place on file, Revised May 2002 Treasurer’s report and June 2002 Treasurer’s report. Motion carried.

FUNDMAY REVENUESMAY EXPENSESJUNE REVENUESJUNE EXPENSESGeneral Fund33,239.8810060.04 15,284.1218,054.28 Road Use Tax5,425.4319,290.158,312.00 4,934.24 Debt Service7,665.97120,371.25324.23 TIF Funds69,748.641,504.27 IPERS(Trust & Agency)446.66170.7227.00 451.66 Library Project3,965.00 Street Project18,484.55295.0019,190.32 Sanitary Utility4,467.167,241.383,966.56 4,108.08 Water Utility7,830.4511,297.527,772.17 7,436.81 Sewer Utility9,844.598,791.629,154.403,102.70

Council reviewed correspondence and it was placed on file.

Set date for Public Hearing on issuance of $5,000,000 of Housing Revenue Bonds, Directing Publication of Notice and Authorize execution of Memorandum of Agreement

Dean Spina requested City of Ely enter into conduit financing to help Geneva Towers Corporation borrow money to do additional energy conservation upgrades and lower current rate of interest. By refinancing the current debt they hope to lower the interest rate by about 3%. The Building has 183 units that are available to disabled and elderly low income residents. Ely is being requested to help with this as the law requires it to be done by a government agency that we be issuing less than $10,000,000 of debt in the current year. Both Cedar Raids and Linn County are unable to qualify. This financing will not go against Ely’s debt and there will be no cost of any kind to the City or its citizens.

Because of scheduling conflicts, Council agreed to change date of August meeting to August 19^th.

ELY CITY COUNCIL -2- July 15, 2002

RESOLUTION NO. 02-0715-18: Resolved by Schmidt, seconded by A. Tjelmeland, to set August 19, 2002, at 7:30 p.m. for Public Hearing on issuing $5,000,000 in debt for Geneva Towers.

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

NAY: none

Resolution adopted.

Purchase of Alley Right of Way – Jim Miller, Terry Miller, James Estes

Discussion held on utility placement in regard to vacating alley right of way along Poplar Street. It appears that no utilities are in the alley.

Motion by Schmidt, seconded by Sturgeon, to set August 19, 2002, at 7:30 p.m. as date for Public Hearing to consider vacation of alley right of way in Auditor Plat No. 101. Motion carried.

Linn County-Banner Valley Storm Water Concerns

Mayor explained that the detention pond along the south side of Banner Valley Road was put in by property owner to drain his land, but there are 420 more acres that need consideration for drainage. This includes portions of the Kirkwood Campus, including parts that are used for agricultural uses. Linn County Soil Conservation is looking into these concerns and will have a meeting at Ely City Hall at 5:30 p.m. on July 29, 2002.

Kevin and Cindy Ireland sent a letter noting their concerns about dirt that is being stockpiled by Schulte Development. Keith Schulte said this is stockpiled in previously approved proposed street right of way. The Irelands were in attendance and said they understood their concerns had been satisfactorily addressed.

Keith Schulte reminded Council that the City did not have a drainage problem along Banner Valley Road until Linn County and private landowners in the County put in new culverts. Keith estimated that fixing this problem will cost approximately $10,000 and is relatively inexpensive compared to storm water damage should we have a significant rain fall.

Al Tjelmeland said he has talked to supervisors and they agree that they need to take a closer look at the problem and the County Engineer also agreed a larger culvert was needed. Council agreed it is a County problem and City has already spent a great deal of money and time on this property. The box culvert was blocked off by County so we need to work with County to protect our residents. It was decided to have a special meeting with the Supervisors on July 29^th at 4:30 p.m. the Clerk was asked to send a letter to the Supervisors and County Engineer to be at that meeting to discuss Banner Valley Drainage. Clerk was also asked to notify the City Attorney and Wienekes and request they also attend the meeting.

Water and Wastewater Matters

Ed Brinton explained the need for additional lagoon Aerators. Al Tjelmeland presented a proposal for revisions for pump for the wet well. It was explained that the needed revisions are more complicated than what it would appear, so this is not the time to proceed with those improvements.

Three aerators would cost $13,500 and the installation costs will bring the total cost to close to $20,000. Council reviewed the budget and determined that the $20,000 can come from the unanticipated beginning balance of the Sewer Fund.

RESOLUTION NO. 02-0715-19: Resolved by Kunkel, seconded by Sturgeon, to authorize purchase and installation of three new lagoon aerators.

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

NAY: none

Resolution adopted.

ELY CITY COUNCIL -3- July 15, 2002

It was determined that Well #2 is ready to go on-line and this can be done at the discretion of Ed Brinton, Project Engineer.

Ed asked about plans to build a new building for well #1. Placement will probably be in front of the current building and be used for equipment. City does not have as much land in this area as it would appear, so placement needs to be carefully studied.

Set Date for Special Meeting to plan for Water & Wastewater Improvements

Mayor set September 16, 2002, at 7:00 p.m. as date and time for special meeting to plan for water and wastewater capital improvements.

Consideration of Sale of Bonds for City of Ely Projects

Council reviewed the status of the Projects Fund and determined that carrying a credit balance was not desirable. They also discussed cost estimates received from City Engineer on reconstruction of the State Street Bridge. It was determined that City could issue approximately $290,000 for completed Projects and approximately $160,000 for State Street Bridge.

RESOLUTION NO. 02-0715-20: Resolved by A. Tjelmeland, seconded by Schmidt, to proceed with sale of $450,000 General Obligation Notes.

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

NAY: none

Resolution adopted.

Duane Kunkel explained that as we make plans for future projects, we need to consider that the North end of town is not going to be suitable for development unless we look at storm sewer needs. The connector lines along both creeks are 30 years old and sized to take only a certain amount. Mayor said Sanitary Sewer lines also need to be considered for this area.

Pay Estimate #7 – Fire Station – Point Builders

Discussion held on accepting the Fire Station and making Final Payment. There are a number of items that are still causing concerns. The Firemen have submitted a list of things that they would like to discuss with the Contractor before final payment is made. There is a Fire meeting on the 29^th of July and at that time the Department would like the Contractor to come and discuss these items. In the mean time, the Council agreed to pay half of what is still outstanding.

RESOLUTION NO. 02-0715-21: Resolved by Schmidt, seconded by A. Tjelmeland, to approve Pay Estimate #7 to Point Builders, Inc. for $26,100.50 for Fire Station Project.

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

NAY: none

Resolution adopted.

FY 02 Budget Transfers and Encumbrances

RESOLUTION NO. 02-0715-22: Resolved by Sturgeon, seconded by Schmidt, to approve 2002 transfers as submitted.

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

NAY: none

Resolution adopted.

ELY CITY COUNCIL -4- July 15, 2002

Liquor Permit & Sunday Sales Renewal – Hoosier Creek

Motion by A. Tjelmeland, seconded by Sturgeon, to approve renewal of Liquor Permit and Sunday Sales Permit for Hoosier Creek. Motion carried.

Appointments to Library Board and Board of Adjustment

Motion by Schmidt, seconded by Sturgeon, to approve appointment of Cheryl Krob and Peg Musil to six year terms on the Library Board. Motion carried

Motion by A. Tjelmeland, seconded by Kunkel, to appoint Roger McDowell to five year term on the Board of Adjustment. Motion carried.

Animal Ordinance

Discussion held on Animal Ordinance. City Attorney has sent letter comparing Cedar Rapids Ordinance with ours. Council agreed that City Attorney should be directed to incorporate some of his suggested changes in the current Ely Animal Ordinance and then the Council will review those changes.

Discussion items

Duane Kunkel explained that City has checked with owner of lot at end of Northgate Drive about obtaining land for access to New Park. It was suggested this item be placed on meeting at the July 29^th Special meeting and make decision on how to acquire this land.

Discussion was held on purchasing backhoe. Concern was expressed about need for this as a mid size tractor might be a better solution for the City. It was decided that the City needs to delay buying further equipment until a “Vehicle Needs Study” is completed.

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

_______________________________

Thomas M. Tjelmeland, Mayor

ATTEST: __________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

June 10, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Karl Schmidt, Don Sturgeon, Mark Banowetz, Duane Kunkel, Al Tjelmeland. Guests: Kay & Allen Hale, Teresa & Aaron Cooper, Lloyd Duffe, Jim Miller, Brent & Stacy Housenga, Lance Clark, Jeff & Karen Brunscheen, John Buresh, Jennifer Koopmann, Pat Stanek, Jim Ross, George Wall, Martin Shaw, David Bruhn, Lisa Hinton, Diane Sullivan, Mike Machula, Margaret Wheat, Lori Sedlacek, David Bruhn, Deputy Mark Taylor, Cary Solberg, Ed Brinton, Gary Whittom.

Motion by Schmidt, seconded by A. Tjelmeland, to approve the agenda after adding discussion items including (1).End of year budget items, (2). Bockenstedt Water Project Billing and (3). Proceeding with Projects. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to approve minutes of May 13, 2002, after making correction to show Don Sturgeon was, in fact, in attendance. Motion carried.

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

May Treasurer’s report placed on file by motion by Schmidt, seconded by A. Tjelmeland. Motion carried.

FUNDREVENUESEXPENSESGeneral Fund33,239.8810,060.04Road Use Tax5,425.4319,290.15Debt Service7,665.97120,371.25TIF Funds69,748.64IPERS(Trust & Agency)446.66170.72Library Project3,965.00Street Project18,484.55Sanitary Utility4,467.167,241.38Water Utility7,830.4511,297.52Sewer Utility9,844.598,791.62

Minutes of Plan and Zoning Meeting, Historic Preservation Commission and Park & Recreation Committee, placed on File. Duane Kunkel, Al Tjelmeland and Mayor Tom Tjelmeland will be attending the June 26th Hoosier Watershed meeting at Kirkwood.

Deputy Sheriff passed out monthly report. Speeding has been a problem on Jappa Road and Banner Valley Road, so Deputy will see that this area is monitored.

Playground Equipment – Schulte Park

Aaron Cooper, Park Committee Chairman, presented a proposal for Playground Equipment that would be installed in Schulte and Vavra Park. He explained that proposal includes safety surfaces for equipment at Schulte Park, but Committee will have to work with vendors on surfaces for Vavra Park. Discussion held on installing equipment in Vavra Park because of flooding possibility. Duane Kunkel asked if survey had been done of children in neighborhood of Vavra Park. He would like to see City spend less than what is being proposed at this time and wait for comprehensive plan to be completed to help City identify where equipment will be needed. Al Tjelmeland would not like to wait as the comprehensive plan will not be completed for quite a while and the need is now.

Ely City Council -2- June 10, 2002

Council asked Park Commission to look at all the Parks and consider benches and picnic tables as well as play equipment. It was noted that Schulte Development had offered to help with improvements to Schulte Park, so Committee should contact them before finalizing plans.

Pat Stanek asked if TIF Funds were still available and Mayor explained that they are, but Local Option Sales Tax Revenues are also available.

Mark Banowetz noted that the crosswalk along State Street was discussed last meeting and Council had decided against it, so this should be taken into consideration when making plans for Vavra Park.

Duane Kunkel reiterated that he would like to see City do on a small amount at this time and save the rest of the funds for Park needs that are identified by the Comprehensive Plan.

Karl Schmidt said that he supports the project in Schulte Park , but would like to do the minimum amount in Vavra Park.

Lloyd Duffe would like something to be put in the new park to serve the children in apartments who do not have a backyard.

RESOLUTION NO. 02-0610-14: Resolved by Schmidt to approve Proposal submitted by Park & Recreation Commission for playground equipment at a cost to not exceed $30,000 with decision on placement of equipment to be made by Park & Recreation Commission.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Banowetz

NAY: Kunkel

Resolution adopted.

Hoosier Creek Watershed

Jennifer Koopmann, with Linn Soil and Water Conservation District, explained that request is being made for State Funds for year two of their work and would like someone from Ely to serve on the Board. This would require attendance at quarterly meeting and Conservation District Staff will provide education and support. There are three major issues that need to be addressed for City of Ely, so having someone from the City will make it easier to address these problems. There were no names submitted.

Purchase of Alley Right of Way

Jim Miller has submitted a request asking the City to allow him to purchase the alley right of way next to his property in Auditor’s Plat 101. Other property owners have also indicated to Jim they would be interested in the right of way. Council discussed placement of sewer line. There may be an easement for sewer in this alley so Council will research this and discuss it further at the July meeting.

Establishing Speed Limits - State Street and other areas

Council has reviewed speed limits within the City and determined that they are, for the most part, adequate for present conditions.

Ely City Council -3- June 10, 2002

Motion by A. Tjelmeland, seconded by Kunkel, to leave speed limits as is. Motion carried.

Chip and Seal - Banner Valley Road and Worley Lane

Bids have been received from L.L. Pelling and Linn County for seal coating of Banner Valley Road and Worley Lane. Discussion held on need to only do portion adjacent to developed land.

Motion by A. Tjelmeland, seconded by Kunkel, to deny approval of 28E agreement from Linn County, but proceed with getting information on chip and seal for Worley Lane and hill on Banner Valley Road as well as dust control on portion of Banner Valley Road. Motion carried.

Water and Wastewater Improvements

RESOLUTION NO. 02-0610-15: Resolved by A. Tjelmeland, seconded by Kunkel, to approve purchase of water pump, chemical scale and test equipment at cost of approximately $1,500.

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

NAY: none

Resolution adopted.

Discussion held on options for a new water tower and location for that tower.

Motion by Sturgeon, seconded by Kunkel to proceed to check on availability of site for water tower. Motion carried.

Motion by A. Tjelmeland, seconded by Kunkel, to direct engineer to prepare drawings for building, piping and other improvements for well #1 and to submit drawings, specifications and forms to IDNR for those modifications at cost to not exceed $6000. Motion carried.

Motion by Kunkel, seconded by A. Tjelmeland, to authorize engineer to get further bids on waste water aerator. Motion carried.

Council decided that a special meeting is needed for wastewater capital improvements. This can be in August or September and should include discussion on land needs, construction costs and operating costs.

Dows Street Re-Construction Proposals

Mayor updated Council on Dows Street curb, gutter and sidewalk project for work in front of new library.

RESOLUTION NO. 02-0610-16: Resolved by Schmidt, seconded by A. Tjelmeland, to proceed with work on Dows street per information dated June 10, 2002 and submitted by Mayor Tjelmeland and award contract for Dows Street Curb, Gutter and Sidewalk Project to Jelinek Olmstead at a cost to not exceed 10,114.

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

NAY: none

Resolution adopted.

Ely City Council -4- June 10, 2002

Karl Schmidt asked about work done to date on library and it was explained that the street project and building project are separate projects.

Mayor reported on work that is being done on renovation of old firestation. This is not a City Project and will be handled by Friends of the Library. Money has been received from estates of Bob & Verona Krob for a Library Endowment.

Resignation from Plan and Zoning Commission

Dan Shaffer submitted a letter of resignation from Plan and Zoning and Mayor suggested John Smith as a replacement.

Motion by A. Tjelmeland, seconded by Banowetz, to accept, with regret, the resignation of Dan Shaffer from Plan and Zoning and approve John Smith to fill the vacancy created by this resignation. Motion carried.

Consideration of renewal of Cigarette Permits

Motion by A. Tjelmeland, seconded by Sturgeon, to approve renewal of cigarette permits for Hoosier Creek and Cleppe’s 66. Motion carried.

City Cell Phone and Cell Phone Policy

Cell phone usage will be discussed at future meeting.

Wage Resolution – FY2002-2003

Discussion held on wage increases for FY2003.

RESOLUTION NO. 02-0610-17: Resolved by A. Tjelmeland, seconded by Schmidt, to approve wage increases of 5% for all employees except for Street, Bldg & Grounds Maintenance shall be increased to $13.50 per hour and also allow Clerk two paid personal days annually.

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

NAY: none

Resolution adopted.

Discussion

Letter received from Rathje Construction in regard to water leak in front of Fire Station.

Mayor explained that contractors are really looking for word and if Ely is thinking of replacing State Street Bridge in near future, good bids could be received right now.

Duane Kunkel would like to see underground pipe for storm sewer placed across State Street to Vavra Park as first step in development of new park. This has been researched in the past and Council has determined that drainage has been improved.

Duane also would like City to contact property owner at end of Northgate drive in regard to acquiring land for access to new park

Gary Whittom explained that he would like a new Tractor and Loader. Council told him he could get bids, but funding for this has not been addressed.

Ely City Council -5- June 10, 2002

Motion by Sturgeon, seconded by Schmidt, to approve Transfer of $13,413.35 from General Fund to Library Renovation Fund and Transfer of $13,413.35 from General Fund to Park Development and Improvements one item within the Project Fund and to approve Transfer of all TIF funds available at end of year to the Street Project Fund, and to approve encumbering $75 from this year’s Historic Preservation budget so it may be used next year and to encumber excess funds from FY2002 Budget to FY2003 Budget if needed for purchase of Playground equipment. Motion carried.

Motion by Sturgeon. Seconded by Kunkel, to adjourn. Motion carried. Meeting adjourned, 10:44 p.m.

___________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

___________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

May 13, 2002

Meeting called to order at 7:35 p.m. by Mayor Thomas M. Tjelmeland. Present: Al Tjelmeland, Karl Schmidt, Mark Banowetz, Duane Kunkel. Guests: Aaron Cooper, Lloyd Duffe, Jim Miller, Deputy Mark Taylor, Cary Solberg, Ed Brinton, Gary Whittom.

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

Motion by Schmidt, seconded by Kunkel, to approve minutes from meetings of April 8^th and May 1^st, 2002. Motion carried.

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

April Treasurer’s report placed on file by motion of A. Tjelmeland and second by Schmidt. Motion carried.

FUNDREVENUESEXPENSESGeneral Fund40,229.1345,353.93Road Use Tax7,135.214,231.78Debt Service8,080.87TIF Funds59,213.98IPERS(Trust & Agency)551.35162.88Library Project17,406.97Sanitary Utility4,695.84333.56Water Utility592.985,660.03Sewer Utility9,337.995,403.66Jim Miller expressed interest in obtaining the alley right-of-way adjacent to his lot on Poplar Street. He explained that he has been mowing it for a number of years and that the alley cannot be used as it goes to already developed property. Mayor said this can be placed on the June agenda and Council needs to decide if the City wants to vacate the property. The City may want to keep it as a utility easement.

PUBLIC HEARING – Amendment to Fiscal Year 2002 Budget

Public hearing opened at 7:50 p.m. on amending the FY2002 budget. No oral or written objections received.

Motion by Schmidt, seconded by Kunkel, to close public hearing. Hearing closed at 7:51 p.m.

RESOLUTION NO. 02-0513-13: Resolved by A. Tjelmeland, seconded by Banowetz, to approve FY2002 Budget Amendment as presented.

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

NAY: none

Resolution adopted.

Ely City Council -2- May 13, 2002

PUBLIC HEARING – Establishing Speed Limit and Stop Sign Placement on State St.

Public Hearing opened at 7:52 p.m. on revising speed limits along State Street. Public presented no oral or written objections to speed limit changes. Mayor presented a colored map showing his recommendation for changes to speed limits throughout the City. His proposal showed State Street with a speed limit of 25 through main portion of town, increasing to 35 mph, then to 40 mph and then having 45 mph to north City Limits. Discussion held on placing a stop sign at the corner of Dows and State Street to slow traffic down. A. Tjelmeland noted that he thought a stop sign would create more problems and that reducing the speed limit to 25 through the main part of town is a good idea. Don Sturgeon and Duane Kunkel agreed with this suggestion. Aaron Cooper noted that stop signs should be used only for stopping traffic, not for slowing traffic. Council concurred that the stop sign is not desired. Discussion held on not having any area of State Street posted as 40 mph. Council concurred that they will drive the City streets and reviewed the revised ordinance at the June meeting.

Motion by Sturgeon, seconded by Schmidt, to close hearing at 8:20 p.m. Motion carried.

Banner Valley Road Storm Water Concerns – Linn County and Ely Boundary

Mayor explained that he had talked to Lumir Dostal from Linn County about the storm water concerns on Banner Valley Road. Al Tjelmeland has also talked to the County. Council will not take any action on this matter until Board of Supervisors has had a chance to give their input.

Chip and Seal Projects

Council reviewed the City map showing the proposed chip and seal project. County will work with Ely on Worley Road and Banner Valley in areas where County is responsible for half of the roadway. They will do the work and give the City of Ely three years to reimburse them for the work.

Council agreed that Walker Street sidewalks are in bad shape and Vavra Drive could get by with only patchwork. Mayor noted that the City needs to get the right elevations on Walker Street to determine proper street drainage and then allow property owners to replace their sidewalks. Sidewalks on west side of Walker Street are especially bad.

Duane Kunkel pointed out that North Drive and Knoll Court are fairly new streets and are already cracked, so should have an overly to prevent further damage. He suggested putting off chip and seal on Walker Street and put the saved money toward a whole new street.

Council reviewed the costs and agreed that Walker Street and Banner Valley Road are the worst. If all streets were done as proposed by Gary Whittom, it would cost approximated $20,000. Karl Schmidt noted that we have budget $23,000 for street repairs and if these streets need to be repaired we should proceed.

Further discussion held and Council agreed they will drive the streets on their own. Mark Banowetz, Street liaison, and Al Tjelmeland, Mayor Protem, will meet with Gary and set priorities for Council to review in June.

Water and Wastewater Improvements

Mayor explained how the Project Engineer, Ed Brinton has been directed by Council to do a number of projects related to water and sewer. Water storage capacity is currently 75,000 gallons and the City is using approximately that amount each day. Because of this, Ed was directed to research options to increase capacity. In the process of doing that, it became apparent that the iron content from Well #2 needs to be

Ely City Council -3- May 13, 2002

addressed. Chemical testing is currently underway and is showing favorable results, but there is still the storage needs. Gary, Ed, Scott Kleppe and Rob Brown have been working together and we need to seriously consider prioritizing the recommendations that are being supplied.

Ed explained that there are three options to consider for the needed storage and they are all going to cost about the same amount. Those three options are a ground storage tank; an elevated tank like the one we have; or a standpipe system. The ground storage tank is probably the least desirable for current conditions and the other two methods will require the City to choose a location for this equipment.

Ed Brinton and Cary Solberg presented an exhibit showing the results of chemically treating water pumped from Well #2. The results have been very promising. Iron and chlorine testing will need to be continued and Council will be kept informed of the situation.

Final Pay Estimate – Fire Station – Point Builders

Discussion held on finalizing contract for Fire Station. There has been some water coming under the door and that needs to be taken care of and there are also some concerns about the rusting of the siding. There was some water leaks in the street that were repaired and the City needs to determine the status of that also.

Motion by Schmidt, seconded by Sturgeon, to table pay estimate for Fire Station. Motion carried.

Amortization Schedule – Purchase of Park

Motion by Sturgeon, seconded by Schmidt, to approve the five year amortization schedule for purchase of new park containing 19.37 acres. Motion carried.

Local Channel Proposal – South Slope

Motion by Kunkel, seconded by A. Tjelmeland, to notify South Slope that the City of Ely has no interest at this time in a Local Channel. Motion carried.

Employees Liability Insurance

Letter has been received from insurance carrier informing City about the need for errors and omission insurance. Council concurred that as the City grows, adequate coverage becomes more of a pressing need.

Motion by Sturgeon, seconded by Banowetz, to notify insurance carrier to provide City with errors and omission insurance of $500,000. Motion carried.

Kunkel asked for clarification on Park procedures. It was agreed that the Park Commission should put together a plan and bring it to Council for authorization to proceed.

Kunkel also notified Council that he had seeded six acres of new park after having it disked and harrowed.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 9:55 p.m.

Ely City Council -4- May 13, 2002

_________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

May 1, 2002

Meeting called to order at 8:20 p.m. by Mayor Thomas M. Tjelmeland. Present: Duane Kunkel, Al Tjelmeland, Karl Schmidt, Mark Banowetz. Absent: Don Sturgeon – excused. Guests: David and Jerry Koss, Mr. & Mrs. O’Brien.

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

Motion by A. Tjelmeland, seconded by Schmidt, to authorize Duane Kunkel to work with Amish to remove silo on property that is being purchased for parkland. Motion carried. Mark Banowetz asked that Duane insure that a valid insurance certificate be placed on file before work begins.

Discussion held on issuing a building permit for property on corner of Rogers Creek Rd and Dows St. The Final Plat for Louis Field Third Addition shows this lot as a corner lot, but the preliminary plat for Louis Field Fifth Addition, eliminates the roadway to the north of this property. After review of the past procedures, it was determined that the roadway has been vacated by the City of Ely.

Dave Koss explained that it would be cost prohibitive to install Koss Court and Council agreed that a plat showing a different alignment of lots in the Fifth Addition could be submitted. Discussion held on extending Dows Street to the North Property line and agreed that because of the ravine to the north, Dows Street doesn’t need to be extended. All improvements do need to be extended to the adjacent property and can be done along Jappa Road.

Karl Schmidt requested that the developers and agents for the Fifth Addition make all future property owners aware that no parking will be allowed along Rogers Creek Road.

Motion by Kunkel, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 8:53 p.m.

________________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

____________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

April 8, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Duane Kunkel, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Guests include: Lloyd Duffe, Keith Schulte, Tom & Kris Duffy, Jim Miller, Gary Whittom, Ed Brinton, Cary Solberg, Mike Stallman, Mr & Mrs Lindemann.

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

Motion by Schmidt, seconded by Kunkel, to approve minutes of March 11, 2002 as presented. Motion carried.

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

FUNDREVENUESEXPENSESGeneral Fund18,282.8015,448.12Road Use Tax9,889.304,106.49Debt Service519.18TIF Fund4,571.31IPERS31.10141.73Library Project160.0085.91Street Project259.00Firestation Project1,127.00Sanitary Utility4,276.593,570.57Water Utility6,707.073,480.52Sewer Utility7,937.012,599.39

Correspondence was reviewed. Council gave no encouragement for supporting the Large Energy Group’s protest against Alliant Energy rate increase structure. Sheriff Deputy, Lyle Rusk, presented Sheriff’s report.

Mayor Tjelmeland reported that nothing further has been done about the Banner Valley Storm Water runoff. City will keep this item on every agenda until the issue is resolved.

D & O Addition (Odie’s) – Expansion Plans

Tom Duffy explained his plans for addition. He will be formalizing an agreement for a 20 foot permanent easement across the lot that will be landlocked by his Plat of Survey. Tom is also working with the owner of Post Office to obtain easement for sewer line. Council would like a copy of this and a copy of the Plat of Survey after it is completed. Tom explained that he contacted the County Auditor and the Ely Plan and Zoning and they have reviewed his request. Both have agreed to the plan. Council asked for clarification on plans for Fire wall and Tom explained that one will be added along hallway and other areas where required.

Motion by A. Tjelmeland, seconded by Sturgeon, to issue building permit for addition to Odie’s at 1650 Dows Street, subject to City receiving all required paperwork. Motion carried.

Sanitary Sewer Maintenance Program

Council reviewed report from Maintenance worker, Gary Whittom, in regard to establishing maintenance program for sanitary sewer. As this project is done, there may be a need to replace manhole lids if they are found to be letting in a significant amount of surface water. Gary broke

Ely City Council -2- April 8, 2002

City up in six fairly equal sections and proposed that one be done each year. Discussion on delaying maintenance in newer portion of City, but it was determined that plugs do not occur in just old lines. Yearly maintenance cost is around $5000 and even one sewer backup requiring

emergency weekend attention could cost that amount. Gary reminded Council that doing this maintenance was not a guarantee that plugs would not occur, but would lessen the likelihood.

Council agreed that this program should be implemented.

Water and Wastewater Improvements

Ed Brinton, Project Engineer, reviewed with Council different proposals and cost estimates that he had compiled for Ely’s growing needs for water storage, filtration and distribution. K. Schmidt commented that although there is no doubt of the need for future expansion, the pressing problem is that we have only one pump that we can rely on.

Ed agreed but presented the information to comply with request from Council to do what can be done to insure the citizens do not have to deal with heavy concentrations of iron in their water.

Mayor explained that there was a leak in Well #1 so two valves were installed and City is now capable of shutting water off to Well #1 if that should become necessary because of an emergency.

Gary Whittom, suggested City try using Well #2 in conjunction with Chemicals to remove the iron. This had been previously suggested, but Council was concerned that if it didn’t work, citizens would again have to deal with rust water. Discussion held on how to try the Chemicals without sending the water into the City system.

Ed Brinton explained the procedure for a Packer Test. Again, Council does not want to put water into the City system while it is being tested. This would have to be done either by pumping the water on the ground or into a sewer close to Well #2.

Gary and Ed will get prices on liner, chemicals, etc. and come back to May meeting with a report for Council to review.

Lien for Utility Charges – Southbrook 4^th Addition, Lot 73

RESOLUTION NO. 02-0408-12: Resolved by A. Tjelmeland, seconded by Banowetz, to place a lien for unpaid utility fees for property with legal description of Lot 73, Southbrook 4^th Addition, Ely, Linn County, Iowa.

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

NAY: none

Resolution adopted.

Comprehensive Plan

Council reviewed proposal from Tim Vick in regard to updating a Comprehensive plan.

Motion by Sturgeon, seconded by Schmidt to hire Timothy J. Vick to do Ely Comprehensive Plan at a cost to not exceed $2,600. Motion carried.

Council suggested that the proposal to update Zoning Ordinance be deferred to a later date.

Ely City Council -3- April 8, 2002

Renewal of Liquor Permit and Sunday Sales – American Legion

Motion by A. Tjelmeland, seconded by Schmidt to approve renewal of Liquor Permit and Sunday Sales for American legion Post 555. Motion carried.

Renewal of Beer Permit – Cleppe’s

Motion by A. Tjelmeland, seconded by Sturgeon, to approve renewal of Class C Beer Permit and Sunday Sales for Cleppe’s 66. Motion carried.

Council held discussion on building permits and inspections. Also discussed need for City Administrator.

Speed limit changes for State Street will be on May meeting if colored map is completed in time to publish notice for public hearing.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 9:42 p.m.

____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:

_____________________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

March 11, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Don Sturgeon, Mark Banowetz, Al Tjelmeland, Karl Schmidt. Absent: Juan Trevino (excused-serving on active duty with the reserves). Guests: Duane Kunkel, Dan Emig, Keith Schulte, Gary Whittom, Lloyd Duffe, Jim Miller, Lyle Rusk, Maurice Garnant, Chet Hendrickson.

Motion by Schmidt, seconded by Sturgeon, to approve agenda after adding discussion items. Motion carried.

Motion by Schmidt, seconded by A. Tjelmeland, to approve minutes of February 4, 2002. Motion carried.

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

Motion by Sturgeon, seconded by Schmidt, to accept and place on file, Treasurer’s reports of January and February, 2002. Motion carried.

FUNDREVENUES (JAN)EXPENSES (JAN)TRANSFERS(JAN)GENERAL FUND13,535.2211,321.6715,090.00ROAD USE TAX8,745.333,517.81DEBT SERVICE337.60103,120.00TIF FUND3,036.45-244,670.00IPERS-(trust & agency)19.86165.34LIBRARY PROJECT530.00FIRESTATION PROJ59,345.87145,000.00SANITARY UTILITY4,479.123,487.38WATER UTILITY6,387.724,472.64SEWER UTILITY7,695.9517,954.07-18,540.00

FUNDREVENUES (FEB)EXPENSES (FEB)GENERAL FUND31,962.44 12,294.83ROAD USE TAX6,468.30 3,412.23DEBT SERVICE282.72 TIF FUND27,003.45IPERS-(trust & agency)19.66201.31STREET PROJECT887.00LIBRARY PROJECT25.002,860.00SANITARY UTILITY3,827.583,708.64WATER UTILITY6,597.6312,185.05SEWER UTILITY7,980.078,412.83

Lyle Rusk, Linn County Sheriff Deputy, presented the Sheriff report for time period of December 13 through March 11, 2002.

FY 03 BUDGET

Public hearing on Fiscal Year 2002-2003 budget was opened at 7:38 p.m. No written or oral objections received.

Motion by Schmidt, seconded by Sturgeon, to close public hearing on FY03 budget. Motion carried. Hearing closed 7:39 p.m.

ELY CITY COUNCIL -2- March 11, 2002

Council noted that the City share of property taxes for Ely residents will remain consistent with last year based on roll back and projected property value increases.

RESOLUTION NO. 02-0311-08: Resolved by A. Tjelmeland, seconded by Schmidt, to approve FY2003 budget and initiate a levy of $9.87 per thousand dollars of assessed valuation for property not classified as agricultural.

AYE: Banowetz, A. Tjelmeland, Schmidt, Sturgeon

NAY: none

Resolution adopted.

Storm Water Runoff – Banner Valley Rd

Discussion held on storm water runoff across Banner Valley Road. This is creating a potential hazard for the Southbrook development. Mayor summarized the steps the City has taken. The County does not want to take action so Mayor would like to take the matter to the Supervisors. Keith Schulte said there are a million dollars worth of homes that are in the path of the storm water that has been diverted by the County and a there is a potential for another million dollars worth of homes to be constructed in the near future. Discussion was held on closing the box culvert on the east end of Banner Valley Road, but Council was concerned about taking any action without first notifying the County.

Motion by A. Tjelmeland, seconded by Schmidt, to have City Attorney draft a letter to Board of Supervisors, with a copy to go to the Linn County Engineer, notifying the Supervisors of the Banner Valley drainage concerns and request they send an official response before the April Ely Council meeting. Motion carried.

Council also asked that serious consideration be given to blocking the box culvert on the East end of Banner Valley Road upon review from City Attorney of City’s Liability if we do so.

Offer to purchase Real Estate – from D.K. Construction

D.K. Construction sent a letter requesting that City sell 1.4 acres of the park property to expand his development. Mayor explained that the sale of this land would “square up” the City’s portion and would be in the City’s best interest. City needs to check into the legal process necessary to sell property before giving serious consideration to this request. Duane Kunkel explained that since the City has not yet closed on the property, he may check with the sellers to see if they will sell directly to him.

Motion by A. Tjelmeland, seconded by Schmidt, to take no action on request from D.K. Construction for purchase of 1.4 acres. Motion carried.

Southbrook 7^th Addition – Plan of Improvements

Council reviewed Plan of Improvements for Southbrook 7^th Addition and letter of recommendation from City Engineer. Fire hydrants comply with the 500 foot spacing requirements, but are not at intersections, but do comply with standards

RESOLUTION NO. 02-0311-09: Resolved by Schmidt, seconded by A. Tjelmeland, to approve plan of improvements as submitted for Southbrook 7^th Addition, with fire hydrants spaced at distance of 500 feet as allowed by City Standards.

AYE: Banowetz, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

ELY CITY COUNCIL -3- March 11, 2002

Chip and Seal Projects

A letter has been received from a resident of Hillcrest street in regard to drainage. It was determined that the land is so flat that it is not possible to fix this without replacing the whole sewer line. The Maintenance Department will work on this, but what ever is done will be temporary.

Council also reviewed chip and seal projects that were submitted by Maintenance employee, Gary Whittom. Mayor also noted that elevations need to be done for Walker Street. Funds will not be available for this until the next fiscal year so Council will discuss this again at the May meeting.

Generator Bids

Three bids were received for a new generator. E & J submitted the lowest and the generator meets the specifications of the City.

RESOLUTION NO. 02-0311-10: Resolved by A. Tjelmeland, seconded by Schmidt, to purchase Emergency Generator from E & J Electric at a cost of $15,835.

AYE: Sturgeon, Schmidt, Banowetz, A. Tjelmeland

NAY: none

Resolution adopted.

Water and Wastewater Improvements

Council received letter in regard to purchase of additional land for Wastewater system and information from Project Engineer in regard to expansion of Wastewater and Water systems. There was a great deal of information and since the Project Engineer was unable to be at this meeting, the Mayor requested Council review all the information and be ready for further discussion at April meeting.

Linn County 28E Agreement for Bridge Inspections

RESOLUTION NO. 02-0311-11: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve 28E Agreement with Linn County for Bridge Inspections.

AYE: Schmidt, A. Tjelmeland, Banowetz, Sturgeon

NAY: none

Resolution adopted

Comprehensive Plan

Discussion held on the proposal submitted by ECICOG for a comprehensive plan. This price may be less depending on the amount of research that is needed. The City will check with Iowa State and see if there are other alternatives available.

Motion by A. Tjelmeland, seconded by Banowetz to table comprehensive plan until April meeting. Motion carried.

Temporary Council Appointment

Mayor explained that he had talked to Juan Trevino and confirmed that Juan will be gone until October. Duane Kunkel has submitted a request to be appointed as a temporary replacement.

Motion by Sturgeon, seconded by Schmidt, to appoint Duane Kunkel as temporary Council member until Juan Trevino returns. Motion carried.

ELY CITY COUNCIL -4- March 11, 2002

Discussion items

The Park Chairman submitted a list of questions that he would like answered before the March meeting. Council reviewed those questions. Mayor gave update on status of Library Renovation. That is being held up until Senior Center has time to comply with all the legalities of the donation to the City. Mayor will be

meeting with Contractor for Fire Station water line to identify how to identify the concerns with the billing for that project.

Lloyd Duffe suggested that once City completes the purchase of the Park property, the City take a look at the safety of the silo.

Motion by Schmidt, to Sturgeon, to adjourn. Motion carried. Meeting adjourned, 9:32 p.m.

___________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:__________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

February 4, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Karl Schmidt, Don Sturgeon, Mark Banowetz. Absent: Al Tjelmeland (excused), Juan Trevino (excused-serving on active duty with the reserves). Guests: Chad Sands, Ed Brinton, Jen Nolan.

Motion by Schmidt, seconded by Banowetz, to approve agenda. All aye-Motion carried.

Motion by Schmidt, seconded by Sturgeon, to approve minutes of meeting of January 14, 2002. All aye-Motion carried.

Motion by Sturgeon, seconded by Schmidt to pay bills as submitted. All aye-Motion carried.

Mayor explained that he had talked to Cedar Rapids Building Department and they recommended the City order and adopt the ICBO Residential Code and then proceed with hiring a person to do inspections. Permit rates will have to be increased to offset the expense.

Correspondence was reviewed.

Updates from ECICOG – Chad Sands

Chad Sands, from East Central Iowa Council of Governments, gave presentation on zoning and how the City could benefit from a comprehensive plan. Cost to City would be approximately $7000. Karl Schmidt asked about the Future Growth Plan that was done a few years ago. Chad explained that that document, along with past planning documents, could be used to help put together a Comprehensive Plan. Cost of this work would be around $7000. The City has not budgeted for this, but agreed there is a need to define areas of the City for Commercial and Industrial growth. Chad will be going to February Plan and Zoning meeting and City will discuss this matter further in March.

Resolution accepting Easement – Dows & Main St

RESOLUTION NO. 02-0204-07: Resolved by Sturgeon, seconded by Schmidt to accept the Sidewalk Easement along Dows & Main Street from Krob, Inc.

AYE: Banowetz, Sturgeon, Schmidt

NAY: none

Resolution adopted.

Water and Wastewater Improvements

Ed Brinton and Jen Nolan, Engineers, submitted designs and plans for options for lagoon additions and upgrades. A land based sewer for Ely would take ten to 15 acres of additional land. This type of sewer is simpler to operate than a compact system but both systems are about equal in construction cost. A compact system requires a great deal of steel and concrete to build and would most likely require a full time person to keep it operational. Council would like to determine if it is possible to purchase adjacent land. Mayor will send a letter to property owner to see if he is interested in selling the land. If he is, the City will need to get permission to do soil tests to see if the land is suitable for lagoon expansion.

Ely City Council -2- February 4, 2002

The Engineers submitted drawings for a 250,000-gallon water storage tank that would fit behind the new fire station. This could be done in three phases. The first phase would be a tank storing 160,000 gallons that would be sufficient for a population up to 2000. The second phase would be the iron filtration system that would be necessary when well # 2 is used. Phase three would be to expand the system to the 250,000-gallon size. This would serve a population up to 5000. Council agreed that the iron filtration system is necessary and should be part of phase one. Cost of installing the tank will be approximately $400,000 with an additional $150,000 for iron removal and the City would also need to install 12 inch pipe from well #2 making the total cost about $650,000. Council thanked the Engineers for their information. The City will continue to consider this and discuss financing and scheduling of construction.

FY03 Budget Review Set date for Public Hearing

Council reviewed the latest draft of the budget. Concern was expressed about finishing the current year in the red.

Motion by Schmidt, seconded by Sturgeon, to proceed with short term borrowing to cover outstanding warrants. Motion carried.

Discussion held on procedures for handling Senior Housing Library donation. Mayor explained that if the donation is given to directly to the City, construction bids will be necessary but if the donation is given to the Friends of the library, there would be no need for bids and a Contractor Group could be used. Council agreed that it is desirable to have the project handled by the Library Group.

Date for public hearing on Fiscal 2003 Budget was set for March 11, 2002 at 7:30 p.m.

Mayor told Council he met with Ron McGraw from Linn County Trails Association. The trail group will build a trail through Ely, but once it is built, they would like the City of Ely to maintain it. They would also like to have two representatives from Ely on the Committee. Don Sturgeon asked about who would be responsible if a flood was to wipe it out and it needed to be rebuilt. Mayor suggested that the biggest cost would be cleanup.

Motion by Sturgeon, seconded by Schmidt, to adjourn. All ayes. Motion carried. Meeting adjourned, 10:24 p.m.

____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: _____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

January 14, 2002

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Absent: Juan Trevino (excused-serving on acting duty with the reserves). Guests: Tom Pence, Maurice Garnant, Dan & Scott Emig, Lloyd Duffe, Rachel & Chet Hendrickson, George Storm, Everett & Tammy Lint, Gary Whittom, Richard Harger, Jim Miller, City Attorney, Robert Hatala.

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

Motion by Schmidt, seconded by Sturgeon, to approve minutes of meetings of December 10^th and December 15, 2001. All voted Aye. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt, to pay submitted bills. All voted Aye. Motion carried.

December Treasurer’s report placed on file by motion of Sturgeon and second from A. Tjelmeland. All voted Aye. Motion carried.

REVENUES (December)EXPENSES (December) TransferGENERAL FUND11,112.85 12,299.62 -6,444.62ROAD USE TAX 8,167.41 4,364.80DEBT SERVICE 866.77 +1,444.62TIF FUND32,522.23IPERS(Trust & Agency) 52.54 204.19LIBRARY PROJECT 150.00 1,200.00 +5,000.00STREET PROJECT 987.74 219,259.22FIRE STATION PROJECT 2,345.63SANITARY UTILITY28,897.00 7,531.55WATER UTILITY 6,542.94 2,606.61SEWER UTILITY 8,276.66 3,389.86Council reviewed correspondence and placed it on file.

Jim Miller complimented City on the Street in front of the new Fire Station.

Temporary Council Appointment

City Council received a letter in November from Duane Kunkel requesting he be considered as a temporary Council appointment until Juan Trevino returns from serving in active duty.

Al Tjelmeland suggested that since this is only a temporary appointment it might be useful to have a person who has previously served on the Council fill the vacancy.

Motion by A. Tjelmeland, seconded by Schmidt, to send postcard to former Council members explaining the temporary vacancy and asking if they are willing to serve until Juan returns. All voted Aye. Motion carried.

Appointments

Mayor Tjelmeland appointed Al Tjelmeland as Mayor Pro Tempore, Karl Schmidt as oversight to Financial Administration, Juan Trevino as oversight to Parks, Don Sturgeon as oversight to Public Works, Mark Banowetz as oversight to Streets.

Motion by A. Tjelmeland, seconded by Schmidt, to approve Council appointments as proposed by Mayor.

All voted aye. Motion carried.

Ely City Council -2- January 14, 2002

Motion by Schmidt, seconded by Sturgeon, to appoint Roberta Hamdorf as City Clerk for two-year term. All voted aye. Motion carried.

Re-open PUBLIC HEARING on Rezoning of Parcel A – P O S #618 from R-1 (single family residential) to M-1 (Light Industrial)

Public hearing reopened at 7:43 p.m. on rezoning of Parcel A – P O S #618. The parcel is currently R-1 and Dan Emig, owner, has asked to have it rezoned to M-1.

Rachel Hendrickson showed zoning map and pictures of the area in question. She read the City Code in regard to purpose of zoning. She them submitted a petition from the area property owners and stated the zoning is not consistent with the City’s current comprehensive plan and the site is in the flood plain. If the industrial zoning is granted the area is open for a wide variety of businesses that would not add to the image of the City. This 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. There is a concern for the amount of traffic and safety that change of zoning would generate.

Tom Pence, attorney for Dan Emig, gave brief history of Emig’s business and noted that Emig had lowered his request to Light Industrial. He noted that Emig is a good corporate citizen and wants the zoning for a freight terminal. He reminded Council that there was a split decision from Plan and Zoning on this request.

Chet Hendrickson said he would like Council to hold up action on this request until the property is cleaned up and is in compliance with present code. Other businesses and citizens have made request and been held up because of not being in compliance with sections of the code and he asked that City be consistent with this request.

Lloyd Duffe asked how this area turned into an Industrial area and was told that the location of Emig’s business was zoned many years ago because of the implement dealership that was there. Lloyd supports the idea of having this area used as commercial or industrial.

Everett Lint reminded Council that Mr. Emig runs a clean business and it is done exceptionally well and Council should look at the people he employs and the benefit of this business to the City.

Maury Garnant asked if Industrial zoning isn’t allowed along State Street, where does the City Council see it being located.

Rachel Hendrickson stated that this piece of property is in the flood plain and there is a question as to whether tractor-trailers can be in this area as they are buoyant and buoyant articles are specifically not allowed in the flood plain. She also stated that Emig made an agreement to store these trailers without having the land property zoned and now is asking the City to zone it to accommodate what he has done.

Jim Miller reminded Council of problems that City had in the past because of decision to try to stop a business.

Jim Webster reminded Council that floods of 1993 did not go into the present building Emig owns.

Tom Pence asked that this request be considered on its own merit. This is not spot zoning as it is an expansion of present business. He would not want decision based on a “worse case” scenario. He then submitted a petition in support of this zoning. He pointed out that this area would not be conducive to residential development.

George Storm asked if Emig is currently in compliance with current zoning.

Ely City Council -3- January 14, 2002

Robert Hatala, City Attorney, asked for clarification on what the objection was and Rachel Hendrickson answered that she is only objecting to Industrial Zoning, and she is not objecting to the use proposed by Dan Emig.

Dan Emig stated that his intention is that the property will only be used for short-term storage of trailers.

Al Tjelmeland asked if property would be suitable for Commercial zoning and Rachel stated that it would be.

Karl Schmidt wanted it clarified that the property would only be used for parking trailers and Dan Emig stated that would be the only use.

Dick Harger pointed out that Commercial uses on State Street creates taxes and if you don’t allow commercial expansion, residential taxes will have to go up. He also stated that City needs to encourage this type of growth.

Motion by Schmidt, seconded by A. Tjelmeland, to close public hearing. All voted aye. Hearing closed at 8:34 p.m.

Schmidt reminded Council that both parties have made comments about appropriate use of land. If you look at the area along State Street, that land is appropriate for Commercial or Industrial as it is close to an arterial street. He suggested that it be zoned to C-2 (Highway Commercial) and grant a special exemption to park trailers.

Sturgeon stated that he also would like that solution.

Robert Hatala stated that is possible, but City Code would need to be amended to 1- Make Trailer Parking permissible in C-2 zoning - 2 Make it permissible in C-2 zoning only through granting a special exemption and then the Board of Adjustment would be required to act on the request - 3 Allow the Parking of Trailers through a Conditional Zoning, which would mean that the property would be zoned and then conditions would be placed on the use.

Dan Emig said he is not interested in those options.

Motion by A. Tjelmeland, seconded by Schmidt, to place Ordinance No. 169 on first reading by title only. Motion died for lack of second. ORD. NO. 169 – An Ordinance to rezone Parcel A – P O S #618 from R-1 (single family residential) to M-1 (Light Industrial)

Deputy Sheriff asked for any comment or concerns and none were submitted.

Change of speed limits along State Street – 1500 feet South of North City limits to North City Limits

Mayor Tjelmeland noted that there are 25 mph signs posted for Jappa Road and present code shows that as 35 mph.

Motion by A. Tjelmeland, seconded by Schmidt, to change allowable speed limit on Jappa Road to 25 mph.

All voted aye. Motion carried.

Discussion held about incorporating the Jappa Road speed limit change with the second reading of speed limit change along State Street. Attorney advised that it would be a good idea to start all over if City Council wishes to change both.

Ely City Council -4- January 14, 2002

Water and Wastewater Improvements

Discussion held on need to enlarge land area for wastewater. Ed Brinton encouraged Council to proceed with soil testing.. A. Tjelmeland suggested City approach Mickey Machacek about getting an easement or at least permission to allow City to do soil drilling for lagoon expansion.

Commercial Building Permits – Cleppe’s and Sweet

Mayor explained that Cleppe’s have asked for a building permit and they are presently a non-conforming use. After Council discussion it was suggested that we work with Cleppe’s but any expansion must conform to present Code including 25-foot front yard setback.

Jon Sweet has asked for a fence permit, and the zoning does not allow car parts or salvage of parts.

Jon Sweet said that it is not his intention to have salvage of car parts.

Motion by A. Tjelmeland, seconded by Schmidt to deny building permits as requested by Cleppe’s and Sweets until permits are applied for in a conforming manner. All voted aye. Motion carried.

Resolution considering Pay Estimate #6 for Fire Station – Point Builders

RESOLUTION NO. 02-0114-01: Resolved by A. Tjelmeland, seconded by Schmidt to approve Pay Estimate No. 6 for $57,687 to Point Builders for work on Fire Station, for a total paid to date of $469,805.

AYE: A. Tjelmeland, Schmidt, Sturgeon, Banowetz

NAY: none

Resolution adopted.

Resolution considering Pay Estimate #4 for Banner Valley/Main Street-Dave Schmitt Const

RESOLUTION NO. 02-0114-02: Resolved by A. Tjelmeland, seconded by Schmidt, to approve Pay Estimate No. 4 for $41,985.50 to Dave Schmitt Const for work completed to date on Banner Valley/Main Street Project.

AYE: Sturgeon, Schmidt, A. Tjelmeland, Banowetz

NAY: none

Resolution adopted.

Resolution approving installation of seven new and removal of four street lights on Main St

RESOLUTION NO. 02-0114-03: Resolved by Schmidt, seconded by Sturgeon, to delete three (3) 100 watt street lights on wood poles along Main Street and install seven (7) 100 watt StyleKing street lights on Fiber/Gray poles along Main Street.

AYE: Banowetz, Sturgeon, Schmidt, A. Tjelmeland

NAY: none

Resolution adopted.

Library Renovation

Mayor explained that City has received a drawing for preliminary floor design for library renovation. Present plans are to have City be the General Contractor and work with a committee of contractors. Councilmen, A. Tjelmeland and Schmidt will work with contractors and Jelinek will prepare preliminary cost estimate.

Ely City Council -5- January 14, 2002

Approval of contract terms for Park Purchase

Research has been done into cost of financing Park purchase if we do it through a bank versus purchasing the land on contract terms. The bank interest is a little lower, but legal fees to set up the repayment schedule may offset the savings.

A five-year pay back schedule is being proposed and Schmidt said he would like City to have the option to pay the loan off early if monies became available. Duane Kunkel stated that it was his understanding that no Local Option Sales Tax was to be used for purchase of the park property. There is currently a motion on file to allow $9000 from those sales taxes to be used in this fiscal year.

RESOLUTION NO. 02-0114-04: Resolved by Schmidt, seconded by Sturgeon, to approve purchase of land and to authorize Mayor and Clerk to sign agreement with Janine and Leamon Norman for said land that is to be used for park and recreational purposes.

AYE: Schmidt, Sturgeon, Banowetz, A. Tjelmeland

NAY: none

Resolution adopted.

Approval of Sheriff’s Contract for FY 02/03

RESOLUTION NO. 02-0114-05: Resolved by A. Tjelmeland, seconded by Schmidt, to approve contract for Sheriff’s services for Fiscal Year 2002/2003 for 20 hours weekly at a cost of $19 per hour.

AYE: Sturgeon, Banowetz, A. Tjelmeland, Schmidt

NAY: none

Resolution adopted.

Approval of Transfers between Funds

RESOLUTION NO. 02-0114-06: Resolved by A. Tjelmeland, seconded by Schmidt, to approve transfers between funds as submitted for the payment of bonds, payment of Fire Station building and Tax Credit reimbursement.

AYE: Banowetz, A. Tjelmeland, Schmidt, Sturgeon

NAY: none

Resolution adopted.

Consideration of supporting the expansion of the beverage deposit law (Bottle Bill)

Motion by A. Tjelmeland, seconded by Schmidt, to table support of the “Bottle Bill” until further notice. All voted aye. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to adjourn. All voted aye. Meeting adjourned, 10:22 p.m.

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Thomas M. Tjelmeland, Mayor

ATTEST:

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Roberta A. Hamdorf, City Clerk