ELY CITY COUNCIL

SPECIAL MEETING

DECEMBER 15, 2003

Meeting called to order at 6:00 pm by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Juan Trevino, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Guests: Dale Stanek, Kristine Tharp, Kevin Meskimen, Jim Miller and Roberta Hamdorf.

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

Swearing In Ceremony

Mayor Tjelmeland swore in Mayor Elect Stanek to four year term as Mayor and Kristine Tharp and Kevin Meskimen for four year terms as Council Members.

FY2005 Budget

Current council members along in the incoming mayor and 2 incoming council members met to set down some priorities for the new budget. Former City Clerk, Roberta Hamdorf, provided a handout with definitions and explanations regarding the budget process.

Motion by Trevino, seconded by A. Tjelmeland, to adjourn. Motion carried. Meeting adjourned 7:55 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

December 8, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Juan Trevino, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Guests: Jim Miller, Deputy Sheriff Johnson, Dale Stanek, Kristine Tharp, Kevin Meskimen, Keith Schulte, Audrey Yarbrough, Vernon Yarbrough and Jim Houser.

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

Motion by Schmidt, seconded by Trevino to approve minutes of November 10, 2003 as submitted. Motion carried.

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

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

FUNDREVENUESEXPENSESGENERAL22,043.5917,266.51ROAD USE7,582.0814,406.89TIF16,564.56DEBT SERVICE4,693.4233,012.50OTHER PROJECTS1,202.00WATER UTILITY9,645.4940,385.22SEWER UTILITY11,658.225,343.52SANITATION UTILITY4,657.9612,183.45PAYROLL CLEARING3,616.765,115.93

Correspondence was noted. P & Z Minutes of 11-19-03 and Library Board Minutes of 10-1-03 were included..

Deputy Sheriff Johnson presented Sheriff’s Log for November.

County Supervisor, Jim Houser, said that the supervisors are attending council meetings in the various cities in Linn County.

Modification of Weed Control in Nuisance Ordinance

Discussion was held regarding the amendment to the nuisance ordinance for weed and ground cover control. Concerns were expressed about provision requiring lots to be kept at the same height as adjoining lots. Recommended changes to amendment include having the Council set the fee schedule for cutting weeds and ground cover by resolution and adding the Ely City Council to item number 3 under the exceptions portion of the amendment.

Motion by A. Tjelmeland, seconded by Sturgeon to forward a copy of Weed and Ground Control Amendment to the City Attorney for his review and to place Amendment on next month’s agenda. Motion carried.

Page 2

Design of State Street Bridge

Discussion was held about getting the Linn County Engineer involved with the design of the bridge. It was felt that this would result in substantial cost savings. Supervisor Houser advised that he would contact the Linn County Engineer and have him call the City Clerk/Administrator regarding this issue.

Resolution Accepting Final Plat in Southbrook 8^th Addition

RESOLUTION No. 03-1208-40: Resolved by A. Tjelmeland, seconded by Banowetz, to approve Final Plat of Southbrook 8^th Addition.

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

NAY: None

Resolution adopted.

Resolution Considering Adoption of Comprehensive Plan

Discussion held about City Attorney’s letter regarding his review of the Comprehensive Plan and the need to address the two mile boundary outside the current city limits. It was also mentioned that the Comprehensive Plan needs coordination with the Future Land Use Plan.

Motion by Schmidt, seconded by A. Tjelmeland to forward copy of City Attorney’s letter regarding the Comprehensive Plan to the Planning and Zoning Commission for their review and recommendation. Motion carried.

South State Street Right of Way

Discussion held regarding the right of way that lies southwest of present day State Street. This right of way was never vacated after State Street was relocated in the 1950s. This matter needs to be referred to the Planning and Zoning Commission for study and recommendation per the City Attorney.

Motion by A. Tjelmeland, seconded by Schmidt to refer the State Street Right of Way matter to the Planning and Zoning Commission along with the City Attorney’s letter. Motion carried.

Resolution Authorizing Collection of Utility Charges

RESOLUTION No. 03-1208-41: Resolved by Schmidt, seconded by A. Tjelmeland, to assess $478.66 in uncollected utility charges and the costs associated with replacing the main water shut-off valve against the property at 1415 Walker St. in Ely, IA.

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

NAY: None

Resolution adopted.

FY05 Budget Work Meeting

Outgoing City Council and Incoming City Council will meet on Monday December 15, 2003 to work on the City’s FY2005 budget.

Appointments

Motion by A. Tjelmeland, seconded by Schmidt, to recommend the appointment of Lori Rathje and Brian Palas to the Planning and Zoning Commission. Motion carried.

Motion by A. Tjelmeland, seconded by Trevino, to table appointments to the Parks and Recreation Committee. Motion carried.

Page 3

Mayor Tjelmeland thanked all outgoing Council members for their service.

Motion by Trevino, seconded by A. Tjelmeland, to adjourn. Motion carried. Meeting adjourned 8:45 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

November 10, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Juan Trevino, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Guests: Jim Miller, Deputy Sheriff Johnson, Dale Stanek, Kristine Tharp, Brian Tharp, Kevin Meskimen, Steve Sherzer, Louis Stepanek and Lloyd Duffe.

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

Motion by Sturgeon, seconded by Banowetz to approve minutes of October 13, 2003 as submitted. Motion carried.

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

Motion by A. Tjelmeland, seconded by Schmidt to accept the October Treasurer’s report and place it on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL75,110.4822,624.03ROAD USE8,303.879,527.77TIF58,016.0129,375.00DEBT SERVICE46,346.56OTHER PROJECTS881.00WATER UTILITY122,723.7343,099.05 SEWER UTILITY11,990.5911,391.05SANITATION UTILITY4,728.001,692.23PAYROLL CLEARING8,763.677,898.80

Correspondence was noted. P & Z Minutes of 10-15-03 along with a written update of the Well #1 reconstruction and the progress of the Wastewater Treatment Plant Design.

Deputy Sheriff Johnson presented Sheriff’s Log for October.

There was a citizen’s question regarding the placing of a small LP gas tank at a residence on Dows St. There is no City ordinance prohibiting this.

Modification of Weed Control in Nuisance Ordinance-Sample Ordinances

Discussion held on two sample ordinances provided to the Council. Louis Stepanek expressed concern regarding the enforcement of any new ordinance. The longer of the two samples had a provision for notifying the public once a year and the property owner once before removal of the vegetation.

Motion by A. Tjelmeland, seconded by Schmidt to modify sample ordinance to suit needs of the City. Motion carried.

Area Ambulance-Revised 28E Agreement

Motion by A. Tjelmeland, seconded by Schmidt that the City not pursue 28E agreement with Area Ambulance Service. Motion carried.

Redesign of State Street Bridge Project-Shive Hattery

Discussion was held about seeking Linn County’s assistance in the engineering design for the new bridge on State Street. Consensus was that project could be completed in a less costly manner.

Motion by A. Tjelmeland, seconded by Schmidt to place State Street Bridge Project on next months agenda. Motion carried.

Renewal of Liquor Permit & Sunday Sales-Odies

Motion by A. Tjelmeland, seconded by Sturgeon to approve liquor permit and Sunday sales at Odies. Motion carried.

Motion by Schmidt, seconded by Banowetz to adjourn. Meeting adjourned 8:20 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

October 13, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Juan Trevino, Al Tjelmeland, Karl Schmidt, Don Sturgeon. Guests: Gary Whittom, Jim Miller, Deputy Sheriff Johnson, Dale Stanek, Kristine Tharp, Louis Stepanek, Roberta Hamdorf, Lloyd Duffe, Bob Ugarph, Kirk Dighton, David Shrader, Jim Strother and Donn Haase.

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

Motion by Sturgeon, seconded by Banowetz, to approve minutes of October 10, 2003 as submitted. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to approve payment of bills as submitted with the exception of the $4532.64 portion of the L.L. Pelling bill for the repairs to Dows Street. That amount will be withheld from the payment to L.L. Pelling until repairs to Dows Street are satisfactorily completed. Motion carried.

Motion by A. Tjelmeland, seconded by Sturgeon, to accept the September Treasurer’s report and place it on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL9,968.8116,473.01ROAD USE8,288.052,532.75TIF8,371.95DEBT SERVICE2,263.44OTHER PROJECTSWATER UTILITY 10,401.80 5,010.69SEWER UTILITY12,693.483,080.84SANITATION UTILITY4,664.031,008.78PAYROLL CLEARING3,867.232,589.28

Correspondence was noted. Park Minutes of 9-25-03, P & Z Minutes of 9-17-03 and Library Board Minutes of 8-6-03 and 9-3-03 were included along with a letter from the City Attorney regarding the issue of responsibility for trees in the parking area.

Deputy Sheriff Johnson presented Sheriff’s Log for September.

Jim Miller requested that the City mow a hill that is used by children for sledding in the winter. Mayor replied that there could be a liability issue for the City if the City mowed the hill.

City Council & Mayoral Candidates’ Presentations

Mayoral candidate, Dale Stanek, and Council candidate, Kristine Tharp, presented the views on the issues that affect the City now and in the future. Mayor Tjelmeland encouraged everyone to vote.

Area Ambulance Presentation

David Shrader, a consultant with The Polaris Group, gave a presentation regarding the future of the Area Ambulance Service. He emphasized the improved response time and the local ownership of the service. Area Ambulance is in the process of restructuring under a Chapter 28E agreement. Council discussed the possible benefits of the City participating in the 28E agreement. Proposal will be placed on the November agenda.

Page 2

Weed Control Procedure-Draft of Ordinance for Council Review and Discussion, Louis Stepanek and

Lloyd Duffe

Louis Stepanek stated that there needed to be more follow-up after the property owner was initially forced to cut the weeds and grass. Lloyd Duffe stated that any ordinance needs to have language asserting that grass and weeds will be cut by the City at the owner’s expense if the property owner fails to comply with the ordinance.

Council discussed ways to address differences between homeowners and developers in the proposed ordinance. Council instructed the City Clerk/Administrator to obtain a copy of the Cedar Rapids ordinance and samples from IA League of Cities that address this issue.

Motion by A. Tjelmeland, seconded by Trevino to place modification of nuisance ordinance on the November agenda. Motion carried.

Status of Comprehensive Plan

Motion by A. Tjelmeland, seconded by Schmidt to refer a copy of the Comprehensive Plan to the City Attorney for review. Motion carried.

Purchase of Trees for Dows Street

Motion by Schmidt, seconded by Sturgeon to accept $1260.00 bid by Dwight Hughes Nursery to plant trees on Dows Street. Motioned carried.

Library Board Parking Request

Discussion held about parking for library. City Clerk/Administrator will review to determine if an ordinance is needed to designate handicapped parking spaces at the library.

Historic Preservation Commission Appointment-Jean Brutsman

Motion by A. Tjelmeland, seconded by Schmidt to appoint Jean Brutsman to the Ely Historic Preservation Commission. Motion carried.

City received plaque from IMWCA for low number of Workers Comp. claims.

Council asked Gary to repair a bad dip in the street on Plain View.

Motion by A. Tjelmeland, seconded by Trevino to adjourn. Motion carried. Meeting adjourned 9:10 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

September 8, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Juan Trevino, Al Tjelmeland, Karl Schmidt. Absent: Don Sturgeon. Guests: Carolyn Leaton, Gerald Leaton, Gary Whittom, Jim Miller, Deputy Sheriff Johnson, Ed Eichler, Carleeta Eichler, Pat Stanek, Dale Stanek, Roberta Hamdorf, Lloyd Duffe, Ed Brinton, Cary Solberg, Paul Stewart.

Mayor Tjelmeland welcomed back Juan Trevino and thanked him for his military service to our country.

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

Motion by A. Tjelmeland, seconded by Schmidt, to approve minutes of August 11, 2003, as submitted. Motion carried.

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

Motion by A. Tjelmeland, seconded by Trevino, to accept August Treasurer’s report and place it on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL2,145.8516,931.04ROAD USE8,174.393,351.50TIF1,109.22 351.00DEBT SERVICE181.00OTHER PROJECTS 1250.28WATER UTILITY 10,121.64 4,449.17SEWER UTILITY12,426.654,685.38SANITATION UTILITY4,546.90549.67PAYROLL CLEARING3,290.713,692.97

Correspondence was noted. Park Minutes of 8-14-03 were included.

Lloyd Duffe presented a signed petition to modify the Chapter 2 Nuisances portion of the City Code to require owners of vacant lots to mow them a minimum of 4 times a year. It was also suggested that trimming be required where the grass and weeds cannot be mowed.

Motion by A. Tjelmeland, seconded by Schmidt to place modification of nuisance ordinance on the October agenda. Motion carried.

Discussion was held regarding the need for candidates to run for Council vacancies.

Deputy Sheriff Johnson presented Sheriff’s Log for July.

Well #1 Reconstruction

Discussion held regarding the pumping capacity of well #1 after reconstruction. According to Ed Brinton, a submersible pump will be used and the size of the pump will be determined after the old pump is pulled from the well and tests are run.

RESOLUTION NO. 03-0908-32: Resolved by A. Tjelmeland, seconded by Schmidt to adopt plans, specifications, form of contract and estimate of costs for Well #1.

Page 2

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

Bids were read and recommendation was received from the City Engineer to accept all low bids.

RESOLUTION NO. 03-0908-33: Resolved by Schmidt, seconded by A. Tjelmeland to award construction contracts.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

RESOLUTION NO. 03-0908-34: Resolved by Schmidt, seconded by A. Tjelmeland authorizing the mayor to sign the reconstruction contracts for Well #1.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

RESOLUTION NO. 03-0908-35: Resolved by A. Tjelmeland, seconded by Banowetz to ratify, confirm and approve publication of notice of public hearing for the issuance of $112,500 general obligation capital loan notes.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

Public hearing on the authorization of a Loan Agreement and the issuance of Notes to evidence the obligation of the City thereunder. Hearing opened at 8:16 pm. No oral or written objections received. Hearing closed at 8:17 pm.

RESOLUTION NO. 03-0908-36: Resolved by Schmidt, seconded by A. Tjelmeland to institute proceeding to take additional action on the receipt of $112,500.00 for funds for reconstruction of Well #1.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

Motion by A. Tjelmeland, seconded by Trevino approving Tax Exemption Certificate for Capital Loan Note. Motion carried.

RESOLUTION NO. 03-0908-37: Resolved by Schmidt, seconded by A. Tjelmeland to authorize the issuance of Capital Loan Notes in the amount of $112,500.00 at 3 1/8% interest for 18 months.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

Page 3

ABSENT: Sturgeon

Resolution adopted.

RESOLUTION NO. 03-0908-38: Resolved by A. Tjelmeland, seconded by Banowetz to direct the sale of the Capital Loan Note.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

Park Matters

Discussion held regarding the design of the new City Park by Burbach Aquatics. Council had concerns about the water runoff and traffic patterns around the area.

RESOLUTION NO. 03-0908-39: Resolved by Banowetz, seconded by Trevino to authorize the Mayor to sign the agreement with Burbach Aquatics to proceed with Phase I, Task II design of the new City Park subject to addressing questions about water runoff from the property.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

Discussion held regarding Schulte Park. Park Commission will check with neighbors in the area to see if they would be willing to lock up the restrooms at night if they were left unlocked during the day. City Administrator will check with Alliant Energy about installing an additional street light.

Vacant Lots South of the Post Office Used for a Parking Lot

Discussion held about using vacant lots for a parking lot. Suggestion made that the downtown businesses check into buying lots.

Resolution Considering Waiver of Water Utility Charges

RESOLUTION NO. 03-0908-40: Resolved by Banowetz, seconded by Schmidt to waive water utility charges in excess of the monthly charges at 1805 Highland Road.

AYE: A. Tjelmeland, Schmidt, Banowetz, Trevino

NAY: none

ABSENT: Sturgeon

Resolution adopted.

Policy for Trees on Parking Area

Discussion was held about diseased or dead trees located in area between sidewalk and curb.

Motion by Schmidt, seconded by A. Tjelmeland to have City Attorney explore amending the City Code regarding this issue. Motion carried.

Appointment to Historic Preservation Commission

Page 4

Motion by Schmidt, seconded by A. Tjelmeland to table until recommendation is received. Motion carried.

Motion by A. Tjelmeland, seconded by Schmidt to adjourn. Motion carried. Meeting adjourned 9:20 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

August 11, 2003

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: Jerry Leaton, Gary Whittom, Jim Miller, Deputy Sheriff Johnson, Audrey Yarbrough, Vernon Yarbrough, Keith Carson, Al Levien, Bonnie Levien, Ed Eichler, Carleeta Eichler, Dale Stanek, Jeff Streitz, Keith Schulte, Roberta Hamdorf, Lloyd Duffe, Ed Brinton, Cary Solberg.

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

Motion by A. Tjelmeland, seconded by Sturgeon, to approve minutes of July 14, 2003 and July 31, 2003, as submitted. Motion carried.

Motion by Schmidt, seconded by Sturgeon, to approve payment of bills as submitted for July and August of 2003. Motion carried.

Motion by Sturgeon, seconded by Schmidt, to accept July Treasurer’s report and place it on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL21,964.3018,989.94ROAD USE7,035.243,354.17TIF4,591.33DEBT SERVICE409.51OTHER PROJECTS13,043.06LIB PROJECT16,051.62WATER UTILITY 17,598.36 5,691.88SEWER UTILITY11,141.254,971.57SANITATION UTILITY5,253.441,019.46PAYROLL CLEARING3,692.97

Correspondence was noted. Park Minutes of 7-9-03, Results of City Audit, and Bridge Inspection Report by Linn County.

Deputy Sheriff Johnson presented Sheriff’s Log for July.

Jerry Leaton asked about the mowing of vacant lots. Expressed concern, along with Ed & Carleeta Eichler, about the grass and weeds on the intersection of Northgate & Comisky. Lloyd Duffe asked that a letter he had written regarding the situation be placed on file. Mayor asked to view model ordinances to use as a possible remedy to the situation. A letter will be sent to the property owner asking that the lot be mowed.

Snow Removal on Main Street

Discussion held on the snow removal procedure on Main Street. Gary will try to plow snow towards the east side of the street to minimize the amount that is pushed onto the west side of the street. Parked vehicles also contribute to the problem. City Administrator will look into model ordinances that address street parking on an odd even basis.

Tree Concern

8-11-03

Keith Carson asked the City to remove a portion of a tree along Walker Street side of his property. Part of the tree was blown down during the recent storm.

Motion by A. Tjelmeland, seconded by Banowetz to request an opinion from the City Attorney for his interpretation of the City Code section that pertains to this. Motion carried.

Resolution Accepting Improvements in Southbrook 8^th Addition

City Engineer inspected and suggested improvements be accepted with the contingency that contractor needs to explain the presence of an interior support member on storm intake E4 on Sunrise Dr. and the effect this member will have on the flow capacity of the structure.

RESOLUTION NO. 03-0811-29: Resolved by Schmidt, seconded by A. Tjelmeland to accept improvements made to Southbrook 8^th Addition.

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

NAY: none

Resolution adopted.

State Street Bridge Design

Jeff Streitz, City Engineer, had talked to some contractors about cost of a box culvert design for the replacement of the State Street Bridge. Price range given was $220,000 to $235,000. Previous low bid was $350,000. State St. would have to be closed several weeks and the Council expressed concern over this and the routing of a high volume of traffic through a residential area. Council suggested that one lane of traffic could be kept open, but this option would drive up the cost of the project. The DNR will also have to approve the water hydraulics. Cost for the design is not to exceed $15,000.

Motion by Kunkel, seconded by Sturgeon to authorize City Engineer to proceed with the design of the replacement of the State Street Bridge. Motion carried.

Water and Wastewater Concerns and Upgrades

South Slope is not required by their agreement with the City to maintain a light on the water tower. Mayor said that a light is not required by the FAA for a water tower this height.

Ed Brinton and Cary Solberg of MMS Consultants presented an option for the City’s wastewater treatment needs involving the construction of a mechanical plant along side of the existing lagoon system. DNR requirements during the winter months cannot be met and space considerations prohibit expansion of the existing lagoon. A mechanical plant would be used in concert with our present lagoon to service a population capacity of up to 5000. Cost projections are approximately 1 million dollars. Cost for the design of the new facility not to exceed $60,000.

RESOLUTION NO. 03-0811-30: Resolved by Schmidt, seconded by Kunkel to authorize MMS Consulting to proceed through the design phase with the plans and specifications for a new wastewater treatment facility.

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

NAY: none

Resolution adopted.

Discussion held about City wells. City is using well #1 exclusively at this time because of the problems with well #2. Ed Brinton thought the problem with #2 might be with determining the right amount of chemicals to use. Well #1 needs pump replaced soon as it is well past its useful life. The City has 2 bids on cleaning the water tower. Neither included the possible painting the inside of the tower.

8-11-03

Dead End Water Lines on Highland

Water lines on Highland are not looped because of a problem with bedrock in the area and this causes problems with discolored water. Gary is working with Brown Concrete and Backhoe to come up with a solution.

Asphalt Maintenance for FY04

Council reviewed of list streets for repair: Dows from Main to Walker, Walker from Traer to Fuhrmeister, Traer at the intersection with Main, Vavra from State to Timberview, Rogers Creek from Jappa to Dows, Knoll from Dows to Highland.

Motion by Sturgeon, seconded by Banowetz to proceed with street repairs to reviewed list of streets. Motion carried.

Silt Fencing Requirements

Discussion held on erosion problems near new developments.

Resolution Considering Adoption of Comprehensive Plan

Motion by Schmidt, seconded by Kunkel to table resolution adopting Comprehensive Plan so that the Council has move time to review the plan. Motion carried.

Ordinance Requiring Installation of Sidewalks

Discussion held about the many areas that have curb and gutter but no sidewalks installed.

Motion by Kunkel, seconded by A. Tjelmeland to table ordinance until next regular meeting. Motion carried.

Resolution to change 1215½ State Street to 101 T & K Drive

RESOLUTION NO. 03-0811-31: Resolved by Schmidt, seconded by A. Tjelmeland to change address 1215½ State Street to 101 T & K Drive.

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

NAY: none

Resolution adopted.

Appointments

Motion by A. Tjelmeland, seconded by Schmidt to reappoint Pat Stanek, Jeff Brunscheen and Mike Murray for two year terms to the Park and Recreation Committee. Motion carried.

Motion by Sturgeon, seconded by A. Tjelmeland to reappoint Marc Rush and Dale Stanek for five year terms to the Planning and Zoning Commission. Motion carried.

Motion by A. Tjelmeland, seconded by Banowetz, to adjourn. Motion carried. Meeting adjourned, 10:07 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

July 31, 2003

Meeting called to order at 5:30 p.m. by Mayor Thomas M. Tjelmeland. Quorum was not present so meeting was recessed until 6:30 pm.

Meeting called to order at 6:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Al Tjelmeland, Don Sturgeon. Absent: Karl Schmidt, Duane Kunkel. Guests: Gary Whittom, Patricia Stanek.

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

Repairs to Banner Valley Road

Discussion held on chip and seal to Banner Valley Road by Linn County. Linn County will pay for 50% only if they do the work. Cost estimate by Linn County was close to what similar projects have cost in the past.

Discussion was also held about having chip and seal applied from Worley Lane to the edge of the city limits which would amount to approximately double the area proposed by Linn County. The county will allow payment to be made in 3 equal yearly sums.

RESOLUTION NO. 03-0731-29: Resolved by A. Tjelmeland, seconded by Banowetz, to authorize the City of Ely to enter into an agreement with Linn County to complete repairs to Banner Valley Road.

AYE: A. Tjelmeland, Sturgeon, Banowetz

NAY: none

ABSENT: Kunkel, Schmidt

Resolution adopted.

Corporate Authorization for Signature Cards

Motion by Sturgeon, seconded by Banowetz to authorize new signature cards at Solon State Bank. Motion carried.

Closure of Walker Street on August 10, 2003

Motion by Sturgeon, seconded by Banowetz to close Walker Street in front of St. John Lutheran Church for annual Polkafest from 9:00 am to 2:30 pm on Sunday August 10,2003. Motion carried.

Discussion was held about the condition of the lagoon area. DNR was very impressed and took photos.

Motion by Sturgeon, seconded by A. Tjelmeland, to adjourn. Motion carried. Meeting adjourned, 6:50 pm.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ______________________________

S. D. Kurtz, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

June 9, 2003

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: Ted Johnson, Chet Hendrickson, Jerry Leaton, George Storm, Patty Ballard, Gary Whittom, Jeff Clark, Brian Palas, Louis Stepanek, Jim Miller, Dennis Kurtz, Deputy Sheriff.

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

Motion by Sturgeon, seconded by Schmidt, to approve minutes of May 12, 2003 and May 21, 2003, as submitted. Motion carried.

Motion by A. Tjelmeland, seconded by Kunkel, to approve payment of bills as submitted for May and June of 2003. Motion carried.

Motion by Kunkel, seconded by Schmidt, to accept April Treasurer’s report and place it on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL26,154.0419,173.61 ROAD USE7,389.67 2,662.76 TIF55,783.09 DEBT SERVICE6,348.49 IPERS546.56 OTHER PROJECTS319.77 LIB PROJECT52.50 WATER UTILITY7,791.754,362.96SEWER UTILITY9,592.25 2,878.28 SANITATION UTILITY4,648.96 3,942.63 PAYROLL CLEARING2,482.85 3,035.93

Correspondence was noted. League of Cities has sent letters of legislative action that will result in City of Ely losing $11,900 in State support beginning in FY04 and notifying the City that State support funds will not be reinstated in the foreseeable future.

Chet Hendrickson asked about dirt along roadways. He is concerned about the inability to use the shoulders for walking or biking. The Mayor will discuss this with the maintenance department.

Jerry Leaton asked about revising the City Code to require vacant lots to be mowed at least every six weeks.

Mayor explained that if the City is notified of exact locations the City has ability to take care of this problem.

Jeff Clark and Brian Palas requested permission to erect a 20 x 30 tent in the cul de sac area of Ranmar Ct. They will need to put holes in asphalt but will repair them to the City’s satisfaction. Barricades were also requested. Council gave permission to have them work with maintenance department to work this out.

Jim Miller asked to have permission to buy diesel fuel from the City. City will check with attorney to see if this is possible and discuss it at the July meeting.

Appointment of Clerk/Administrator

Mayor explained the job search and interview process the City has used to employ a Clerk/Administrator. This is a new position and there will be a learning process for everyone as the full responsibilities of this position are finalized. Dennis Kurtz was introduced and Mayor explained that the hiring committee recommends his appointment. If the appointment is approved he will start in about two weeks and will have a

Ely City Council -2- June 9, 2003

review after 60 days, at which time he will be eligible for an increase in salary. The City will comply with full time benefit policy and Mr. Kurtz will be eligible for mileage reimbursement or car allowance.

RESOLUTION 03-0609-19: Resolved by Sturgeon, seconded by A. Tjelmeland, to appoint Dennis Kurtz as a full time Clerk/Administrator at an annual salary of $33,500 with potential increase to $35,000 after sixty days.

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

NAY: none

Resolution adopted.

Park Proposal – Phase 1

The Park and Recreation Committee submitted a cost and time proposal for the New Park. Duane Kunkel noted that there is no hurry on adopting this, but there is grass seed in storage that needs to be used this fall.

Motion by Kunkel, seconded by Schmidt, to table park proposal until July 2003 meeting. Motion carried.

Downtown Sidewalk Project

RESOLUTION. NO. 03-0609-20: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve agreement with H. J. Hartin, Rob Brown, and Martin Marietta for Project to be known as the Downtown Sidewalk Project, 2003 with total cost of Project to not exceed $14,000.00

AYE: Schmidt, Sturgeon, Kunkel, A. Tjelmeland

NAY: none

ABSTAIN: Banowetz (he is one of the adjacent property owners)

Resolution adopted.

RESOLUTION NO, 03-0609-21: Resolved by A. Tjelmeland, seconded by Schmidt, to approve payment of invoices as submitted for the Downtown Sidewalk Project, 2003.

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

NAY: none

Resolution adopted.

A.P. #512- Request to file Plat of Surveys

Auditor’s Plat #512 currently consists of platted lots and one of those lots is a large tract of property that is unbuildable. The owner would like to file two plats of survey and deed the large tract to the adjacent property owners. Normally Plats of Survey are allowed when no improvements to the property are required and one split is being requested. With the City’s permission, two plats of survey could be done on this property because of the unique situation that exist.

RESOLUTION NO. 03-0609-22: Resolved by A. Tjelmeland, seconded by Kunkel, to allow two Plat of Surveys to be filed with Linn County for A.P. #512 because of the unique situation.

AYE: Banowetz, Kunkel, A. Tjelmeland, Schmidt

NAY: none

ABSTAIN: Sturgeon (he is an adjacent property owner)

Resolution adopted.

City Engineer has submitted a proposal for utility mapping as requested by the City.

Ely City Council -3- June 9, 2003

Resolution considering proposal for utility mapping-Shive Hattery

RESOLUTION NO. 03-0609-23: Resolved by A. Tjelmeland, seconded by Schmidt, to authorize Shive Hattery Engineers, Inc. to provide mapping services for sanitary sewer, water main and storm sewer at a total cont to not exceed $2,750.

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

NAY: none

Resolution adopted.

Ordinance revising duties of Municipal Officers

Motion by A. Tjelmeland, seconded by Kunkel, to place Ordinance No. 173 on second reading, by title only, and waive third reading and adopt Ordinance No. 173.

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

NAY: none

Ordinance No. 173 adopted.

ORDINANCE NO. 173: AN ORDINANCE CREATING A POSITION OF CLERK/ADMINISTRATOR AND CHANGING AND REVISING DUTIES OF CITY CLERK, MAYOR AND COUNCIL MEMBERS BASED ON CREATION OF THE NEW POSITION

Salaries and Wages for FY2003-2004

After short discussion it was determined that Council and Mayor did not have enough information to set FY03-04 wages. Kunkel reminded Council that there is a great need to increase building permit fees.

Motion by A. Tjelmeland, seconded by Kunkel to extend current wage resolution until Council has opportunity to review. Motion carried.

FY2002-2003 Audit

Motion by A. Tjelmeland, seconded by Sturgeon, to obtain a State Audit for FY2002-2003. Motion carried

Community Food Challenge

Motion by Schmidt, seconded by Sturgeon, to sponsor a Community Food Challenge for the City of Ely as requested by the Linn County Board of Supervisors. Motion carried.

Set date for June Special Meeting and Public Hearing for Budget Amendment

Mayor set June 24, 2003 at 7 p.m. as date and time for Public Hearing on FY2002-2003 Budget Amendment and for work session on wages and salaries for FY 2003-2004

Cigarette License Renewals

Motion by Schmidt, seconded by A. Tjelmeland, to approve renewal of Cigarette Permits for Cleppe’s 66 and Hoosier Creek. Motion carried.

Duane Kunkel asked about implementing a sidewalk project for properties that have curb and gutter, but no sidewalks. Council agreed this was a good idea. A. Tjelmeland reminded Council that there is no sidewalk along Schulte Park.

Motion by A. Tjelmeland, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 8:38 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ________________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

May 21, 2003

Meeting called to order at 8:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Karl Schmidt, Don Sturgeon, Mark Banowetz, Duane Kunkel. Absent: Al Tjelmeland (excused as he was working). Guests: Connie Kunkel

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

North Park 2^nd Addition - Final Plat

Discussion held on Final Plan of North Park 2^nd Addition. Duane Kunkel, developer, explained that land to north elevation drops off and there is a rock shelf from the old silo. Duane explained that giving access to the north was undesirable and if access was made to that area it would complicate traffic flow.

Discussion held on land-locking area to the north, but that area is already landlocked so no code violation would occur by approval of this plat. Mayor explained that he does not see any development to the north because of sewer access and lay of land.

Performance bond for uncompleted improvements has been received by the City. After the improvements are installed, the developer will contact the City requesting City accept improvements.

RESOLUTION NO. 03-0521-18: Resolved by Schmidt, seconded by Sturgeon, to approve Final Plat of North Park 2^nd Addition.

AYE: Sturgeon, Banowetz, Schmidt

NAY: none

ABSENT: A. Tjelmeland

ABSTAIN: Kunkel(he is developer)

Resolution adopted.

Mark Banowetz asked for criteria for Special Meeting. The Clerk will review the Ely Code to see if any rules presently exist.

Discussion held on the Fire Agreement that has been distributed to Council Members. This needs to be reviewed by City Attorney. If that has not been done, Clerk will forward the document to the City Attorney’s law offices.

Discussion held on progress of interviewing Clerk/Administrator candidates. Don Sturgeon, Mark Banowetz, Mayor Tjelmeland and City Clerk will meet on Friday and try to make final selection so the person can be introduced at the June meeting.

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 9:40 p.m.

__________________________________

Thomas M. Tjelmeland, Mayor

ATTEST:__________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

May 12, 2003

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: Jim Miller, Deputy Sheriff Fisher, Lloyd Duffe, Jared Vogeler, Gerald Leaton and Ed Brinton.

Motion by A. Tjelmeland, seconded by Kunkel, to approve agenda with removal of Business Item #5 – Ordinance #173. (It is the wrong title) Motion carried. This item will be placed on the next agenda.

Motion by Sturgeon, seconded by Kunkel to approve minutes of April 14, 2003 meeting with one correction: Snow removal on “Walker St” changed to read “Main St”. Motion carried.

Treasurer’s report and bills for the month of April will be submitted for approval at the next scheduled council meeting.

Deputy Sheriff submitted monthly report. M. Banowetz mentioned people are regularly running the stop sign at the intersection of Jappa and Dows St. Sheriff will continue to hand out tickets to violators.

Lloyd Duffe asked if the City has an ordinance for maintenance of vacant lots. Mayor stated it needs to be spelled out better for residential areas. Duffe also commented drainage ditch behind 1530 Northgate Apt. is not being maintained. Owner needs to be contacted.

PUBLIC HEARING – Amendment of FY2002-2003 Budget

Public Hearing opened at 7:44 p.m. on Amendment of FY2002-2003 Budget. No oral or written objections were received.

Motion by A. Tjelmeland, seconded by Kunkel to close Public Hearing. Motion approved, Hearing closed at 7:45 p.m.

RESOLUTION NO. 03-0512-17: Resolved by Sturgeon, seconded by Kunkel, to approve adoption of Amended City of Ely Budget for FY2002-2003.

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

NAY: none

ABSENT: none

Resolution Adopted.

Water & Wastewater Matters

Jared Vogeler introduced himself to the City Council and guests. Jared will be taking care of Ely’s water and wastewater operations. Welcome aboard Jared!

Ed Brinton shared information and a “handout” from IDNR regarding use of composite figures for pond and mechanical samples at the lagoon. Ed will be asking a council person to accompany him to meetings in Des Moines sometime in the next two - three months. Stated “Test America” will no longer be used as Jared will be doing some of the testing at Rick Furler’s lab in Van Horne. Sturgeon had concerns with the 85% removal requirement for wastewater and Kunkel asked if the City would be better off financially to install another pond facility. Ed will look into both mechanical and pond systems further. Ed also shared information gathered from the Aquastore tour. He was very impressed with their water tower system, Ed

Ely City Council -2- May 12, 2003

would like to get the video/slide show and present it to the council. A. Tjelmeland reminded council & Ed about the 4” tube which would need to be replaced when a new wet well is installed. Ed estimated cost for new wet well could run $75,000 - $100,000.

Appointment to Park Committee

Mayor recommended Mike Murray be appointed to serve on the Park & Recreation Commission. Motion by Schmidt, seconded by Sturgeon to appoint Mike Murray to Park & Recreation Commission. Motion carried.

Utility Mapping – Shive Hattery

Council would like to have a more definite bid on cost of services.

Motion by Sturgeon, seconded by Kunkel to table for further information. Motion carried.

Liquor/Beer License

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

Discussion Items/Open Agenda

Need to look at chip and seal of streets. Proposed council meet at 7:00 p.m. prior to June meeting to tour town’s streets. Discussed frost boils on Hillcrest/Dows St which will need to be repaired.

Knoll Ct./Ranmar needs a stop sign. Stop sign also needed at North Dr/Ranmar.

Interviews for City Clerk/Administrator - Eight people have been interviewed; three will be called back for a second interview. First call-back interview is scheduled for Saturday, May 17^th. Clerk would like to schedule special meeting after May 17^th.

Motion by A. Tjlemeland, seconded by Kunkel to adjourn. Motion carried. Meeting adjourned at 8:55 p.m.

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST: _____________________________

Cindy Hintz Rush, Deputy Clerk

ELY CITY COUNCIL

REGULAR MEETING

April 14, 2003

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 Fisher, Connie Kunkel, Scott Lewis, Bonnie & Al Levien, Ted Johnson, Lloyd Duffe, Steve Stratton, Dave & Gerald Koss, Adolph Nezerka, Patty Ballard, Clary Illian, Ed Brinton.

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

Motion by Schmidt, seconded by Kunkel to approve minutes of March 10^th and March 31, 2003 as presented.

A. Tjelmeland requested that when a Councilperson is absent, the minutes show the reason they are absent. Clerk will do that when the reason is known.

Motion by A. Tjelmeland, seconded by Schmidt, to approve the Treasurer’s report for March. Motion carried.

FUNDREVENUESEXPENDITURESGENERAL FUND11,591.0119,383.52ROAD USE FUND10,054.086,208.25TIF FUND10,154.30 DEBT SERVICE1,116.17IPERS (EMP BENEFITS)93.60WATER UTILITY8,484.3612,751.66SEWER UTILITY10,511.743,860.52SANITATION UTILITY4,834.143,790.96PAYROLL CLEARING2,885.922,952.65Motion by Sturgeon, seconded by A. Tjelmeland, to approve bills as presented. Motion carried.

Ted Johnson would like authority to do away with dam created by Beavers. Council will check into this.

Deputy Sheriff Fisher distributed monthly report.

Scott Lewis, from Waste Management of Iowa, introduced himself and asked if Council or Mayor had any concerns. None were expressed and Scott was asked to relay City’s appreciation of services.

Snow removal on Main St.

Al Levien requested a policy be established for snow removal that would not make all snow end up on his sidewalk. Mayor said that City would work with property owners on Walker Street to try to work this out to everyone’s satisfaction.

Historic Preservation Commission

Clary Illian, representing Historic Preservation Commission, asked support from the City as they apply for grants. The Commission is forming a “Friends” group for fundraising purposes and future projects. Clary asked if a line item could be established in the budget. She also would like City Council to work with the Commission as they do long-range planning. The Mayor and Council stated they had no problem with the proposal and, in fact sees the proposal as being in line with Council’s vision.

Ely City Council -2- April 14, 2003

Acceptance of Improvements – Louis Field Third Addition

RESOLUTION NO. 03-0414-13: Resolved by A. Tjelmeland, seconded by Schmidt, to accept improvements in Louis Field Third Addition.

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

NAY: none

Resolution adopted.

Worley Lane

Dave and Gerald Koss requested that City upgrade and maintain that portion of Worley Lane that will access the Koss property. Council agreed that the roadway easement exists and City will not share in any costs associated with rocking or grading. Discussion held on whether Koss’s should proceed with the rocking and grading at this time. Duane Kunkel would like the City to require the Koss’ to wait as the access may not be available at the time a sewer line is installed. Council was also concerned that any future owner of this property may not know of future potential costs with upgrades to the road. It was determined that the City should record a resolution to insure any future owner will know of potential costs.

RESOLUTION NO. 03-0414-14: Resolved by Schmidt, seconded by A. Tjelmeland, to allow David & Gerald Koss to proceed with grading and rocking of City portion of Worley Lane right of way for access to a 1.94 acre lot at the end of that Street legally described as: The NE ¼ of the NE ¼ lying Southeasterly of Louis Field Second Addition and Northeasterly of Chase’s First Addition except road all in Section 31-82-6, leaving the road in an unapproved state with the understanding that if this lot is sold, the buyer be notified that potential high assessment road charges are highly likely and that the City of Ely is making this notification through the recording of this resolution.

Discussion followed and Connie Kunkel asked for delay of this resolution as she possesses a plat that shows Linn County vacating their portion of Worley Lane. Mayor explained that City has not seen this plat and has been notified by County that they are not vacating their portion unless Ely does the same.

AYE: Sturgeon, Banowetz, Schmidt, A. Tjelmeland

ABSTAIN: Kunkel (he may be purchasing land adjacent to this roadway)

NAY: none

Resolution adopted

Water and Wastewater matters

Ed Brinton submitted a progress report explaining that Jared Vogeler has submitted a proposal to be Contract operator for Water and Wastewater for $800.00 a month plus insurance costs.

RESOLUTION NO. 03-0414-15: Resolved by A. Tjelmeland, seconded by Sturgeon, to authorize Ed Brinton to finalize contract for water and wastewater services and submit it for Mayor and City Clerk signatures with the understanding that contract shall be in effect from May 1, 2003 through June 30, 2004 with 30 day severance notification by either party.

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

NAY: none

Resolution adopted.

Ed Brinton notified Mayor and Council that last lead and copper tests were satisfactory and we should soon be receiving written confirmation from DNR. Rusty water concerns have been isolated as happening toward the end of winter and Karl Schmidt said he feels this is weather related. Gary Whittom said he thinks it is icing in the water tower. Cleaning of the tower needs to be done after well #1 is re-done. Talks with landowners for land for new water tower have begun.

Ely City Council -3- April 14, 2003

Banner Valley Storm Water

Council agreed that Hall and Hall Engineering should do no further engineering on the City’s behalf on Banner Valley Road. It was also determined that if any further engineering is needed, City should have it done by City Engineer. Mayor will contact Hall and Hall Engineering and discuss this matter.

Motion by Sturgeon, seconded by Schmidt, to table Banner Valley Storm Water until May meeting. Motion carried.

Ordinance revising compensation for Mayor and Council

Motion by A. Tjelmeland, seconded by Schmidt, to place Ordinance No. 172 on first reading by title only; to waive second and third reading and adopt Ordinance No. 172.

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

NAY: none

Ordinance No. 172 adopted.

ORDINANCE NO. 172: AN ORDINANCE INCREASING COMPENSATION FOR MAYOR TO $2000 ANNUALLY AND INCREASING COMPENSATION FOR CITY COUNCIL MEMBERS TO $25.00 PER MEETING AND THESE RATES TO BE EFFECTIVE AS OF JANUARY 1, 2004.

Ordinance revising duties of Municipal Officers and establishing a Clerk/Administrator title in lieu of City Clerk

Motion by A. Tjelmeland, seconded by Schmidt, to place Ordinance No. 173 on first reading by title only. Motion carried. Kunkel abstained as he missed special meeting where changes were discussed.

ORDINANCE NO. 173: AN ORDINANCE CHANGING TITLE OF CITY CLERK TO CLERK/ADMINISTRATOR AND REVISING DUTIES OF COUNCIL MEMBERS AND MAYOR TO COINCIDE WITH CHANGES TO CLERK/ADMINISTRATOR RESPONSIBILITIES.

Liquor/Beer Licenses

Motion by Sturgeon, seconded by Schmidt, to approve renewal of Beer Permit and Sunday Sales for Cleppe’s and renewal of Liquor Permit and Sunday Sales for American Legion. Motion carried.

E-Mail and Internet usage policy

RESOLUTION NO. 03-0414-16: Resolved by Sturgeon, seconded by Schmidt, to adopt email and internet policy as submitted.

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

NAY: none

Resolution adopted.

Short discussion held on storm water work on Fuhrmeister and Vavra. City is checking on costs that would be involved in such a project. At this time, the project is not in the immediate plans of the City.

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

_____________________________

Thomas M. Tjelmeland, Mayor

ATTEST: _____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

MARCH 31, 2003

Meeting called to order at 5:20 p.m. by Mayor Thomas M. Tjelmeland. Present: Karl Schmidt, Don Sturgeon, Mark Banowetz. Absent: Al Tjelmeland, Duane Kunkel (both excused). Guests: Cindy Rush, Gary Whittom, Patty Ballard.

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

Correspondence was noted including workshop for Plan and Zoning, Board of Adjustment and City Officials at Kirkwood on April 23. Gary requested permission to attend a workshop on underground locating to be held on April 2^nd.

Local Option Sales Tax

Discussion held on length of time desired for Ely to have Local Option Sales Tax in effect. Mayor said this tax benefits small towns with small amount of commercial area. Karl expressed concern that it will be harder to get it passed if it is for longer than two years. The City of Ely has a great need for the revenue of this tax and we don’t want to do anything to jeopardize the possibility of it being passed in the City. Mayor agreed and noted that if it is requested for a specific time, this will be requested again after the two years are over.

RESOLUTION NO. 03-0331-13: Resolved by Sturgeon, seconded by Banowetz, to limit collection of Local Option Sales Tax to two years with a sunset date of December 31, 2005.

AYE: Sturgeon, Banowetz, Schmidt

NAY: none

Resolution adopted.

Water and Wastewater Classes

Discussion held on whether to have Patty take Grade One Water Certification test in Waterloo in May or wait and take it in Cedar Rapids, in the Fall. Council also discussed whether to have Patty attend Wastewater Grade One classes in Waterloo or Cedar Rapids. Council is anxious for Patty to acquire the needed certification.

Motion by Sturgeon, seconded by Banowetz, that Patty Ballard shall take the Grade One Water Test in Waterloo in May and Grade One Wastewater Classes in Waterloo in June, with City paying mileage and registration costs. Motion carried.

Changes to Powers and Duties of Municipal Officers

Work session was held on changing Powers and Duties of Council, Mayor and City Clerk. City Clerk submitted proposed changes and after review of those changes, Council suggested that the title of Clerk be changed to Clerk/Administrator. Mayor and Council made suggested revisions. City Clerk will submit an ordinance reflecting proposed changes and revisions for first reading at the April meeting.

Ely City Council -2- March 31, 2003

Motion by Schmidt, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 6:37 p.m.

____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: _____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

MARCH 10, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Banowetz, Kunkel, Sturgeon, Schmidt, A. Tjelmeland (arrived 7:45 p.m.) Guests: Deputy Sheriff, Dave & Gerald Koss, Adolf Nezerka, Jim Miller, Gary Whittom, Chet Hendrickson, Ed Britton.

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

Motion by Sturgeon, seconded by Banowetz, to approve minutes of February 10, 2003. Motion carried.

Discussion held on paying bill to Engineer for Banner Valley Road drainage.

Motion by Sturgeon, seconded by Schmidt, to approve payment of bills as submitted except for bill to Hall and Hall engineers until clarification is received. Motion carried.

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

FUNDREVENUESEXPENSESGENERAL1,597.8510,805.52 ROAD USE7,776.30 4,078.86 TIF 917.55 DEBT SERVICE80.91 IPERS12.05 OTHER PROJECTS5,320.82 LIBRARY PROJECT5,320.83 1,821.25 WATER UTILITY7,962.31 6,671.05 SEWER UTILITY9,913.36 8,626.77 SANITARY UTILITY4,026.98 3,777.27 PAYROLL CLEARING3,102.662,373.71

Resolution amending certain terms of the nonprofit housing revenue bonds

RESOLUTION NO. 03-0310-07: Resolved by Schmidt, seconded by Banowetz, to approve changing name of Bonds issued for Geneva Corporation Project from “Series 2002” to “Series 2003”.

AYE: Schmidt, Sturgeon, Banowetz, Kunkel

NAY: none

ABSENT: A. Tjelmeland

Resolution adopted.

PUBLIC HEARING – FY 2004 Budget

Public hearing opened at 7:44 p.m. on FY2004 budget. No oral or written objections were received. Hearing closed at 7:45p.m.

RESOLUTION NO. 03-0310-08: Resolved by Schmidt, seconded by Sturgeon, to approve adoption of City of Ely Budget for FY2003-2004.

AYE: Kunkel, Banowetz, Sturgeon, Schmidt

NAY: none

ABSENT: A. Tjelmeland

Resolution adopted.

Ely City Council -2- March 10, 2003

PUBLIC HEARING – Vacating of Worley Lane

Public hearing opened at 7:46 p.m. on vacating Worley Lane South of North Drive and adjacent to Lot 40 of Louis Field fourth Addition. No oral or written objections received. Hearing closed at 7:47 p.m.

RESOLUTION NO. 03-0310-09: Resolved by A. Tjelmeland, seconded by Schmidt, to vacate right of way of Worley Lane lying South of North Drive and easterly of Lot 12 of Louis Field 2^nd Addition.

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

NAY: none

Resolution adopted.

Opening of bids for Insulating Garage at Lagoon

One bid only was received for insulating of garage at lagoon. That bid was from Tjelmeland Construction.

RESOLUTION NO. 03-0310-10: Resolved by Kunkel, seconded by Sturgeon, to accept bid of $1,250.28, from Tjelmeland Construction for insulating garage at lagoon.

AYE: Schmidt, Sturgeon, Banowetz, Kunkel

NAY: none

ABSTAIN: A. Tjelmeland owner of successful bid

Resolution adopted.

Purchase of Tractor/Mower

Request was submitted to purchase a tractor/mower from Quad County Implement of Blairstown. Al Tjelmeland stated that it is a 1991 mower that mows a 12-foot swath and is in great shape. City can purchase it on a three year lease-purchase basis and the Oliver Tractor will be taken as a trade in. Discussion held on buying equipment that is this old when the City has been trying to upgrade equipment. Discussion also held on use of this mower and whether it would be satisfactory for new park. Gary Whittom explained that the mower would be for mowing ditches.

RESOLUTION NO. 03-0310-11: Resolved by Sturgeon, seconded by A. Tjelmeland, to enter into a Lease/Purchase agreement to purchase 91 Ford tractor/mower at cost of $12,995.00 plus $395.60 finance charge less trade-in allowance of $5,795.00.

AYE: Schmidt, Sturgeon, Kunkel, A. Tjelmeland

NAY: Banowetz

Resolution adopted.

Bid from LL Pelling for Seal Coat

Bid has been received from LL Pelling for asphalt seal coat. They have requested City sign the bid to lock in prices. Mayor explained that the Council will be notified before the scope of work is finalized.

Motion by A. Tjelmeland, seconded by Kunkel, to accept proposal from LL Pelling for seal coating. Motion carried.

Termite Treatment of City Hall

Motion by Schmidt, seconded by Schmidt to accept bid from Terminix to treat Community Center for termites and contract for annual protection. Motion carried.

Ely City Council -3- March 10, 2003

Water & Wastewater Matters

Discussion held on concerns of water quality, especially around water tower. The quality may be affected by sediment in the tower and this would indicate a need to clean the tower. Ice may also be contributing to the problem. Council determined that cleaning should wait until repairs are made to Well #1. Gary Whitttom explained that Well #1 has a bushing that is causing concern and if it fails there would be a problem that would need to be taken care of before other repairs are scheduled.

Scott Kleppe, the water and wastewater contract operator, has submitted his resignation. Mayor and Council requested Ed Brinton send out proposals for a replacement operator. Ed said that the $1,000,000 of liability insurance requested by the City may be excessive. Other cities are requiring only $300,000.

Council engaged in further discussions on type and placement of new water tank. Al Tjelmeland was asked to talk to Buresh’s about availability of land.

Banner Valley Storm Water

Duane Kunkel notified Council that the developer has plugged the culvert along Banner Valley Road. Council determined that the “worse case” scenario from this would be that water would run over the road and this has been natural during heavy rains. It was determined that the City Attorney should be notified and give direction as to how the City should proceed.

Ordinance relating to Mayor and Council wages

Council reviewed survey of Mayor and Council wages in surrounding communities. It was determined that Mayor wages should be raised to $2000 a year and Council should receive $25.00 a meeting. An ordinance will be submitted at the April meeting to reflect these changes.

Local Option Sales Tax – June 10^th Referendum

RESOLUTION NO. 03-0310-12: Resolved by Schmidt, seconded by Sturgeon, to proceed with June 10^th referendum to make decision on imposing a one cent local option sales tax in the City of Ely and designating that the funds shall be used for Parks and Infrastructure.

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

NAY: None

Resolution adopted.

Final Plat – North Park 2nd Addition

It was determined that since the improvements were not completed in North Park 2^nd Addition, the City Council will waive the time requirement for submittal of Final Plat.

Fire Department – 28E Agreement

Mayor will talk to City Attorney before City makes any recommendation on a 28E Agreement for Fire Department.

Resignation of Aaron Cooper from Park & Recreation Commission

Motion by A. Tjelmeland, seconded by Sturgeon to accept, with regret, resignation of Aaron Cooper from Park and Recreation Commission. Motion carried.

City Clerk/Finance Officer Position

Mayor appointed Al Tjelmeland, Don Sturgeon and Clerk as committee to review applicants for City Clerk position. Council will have special meeting on March 17, 2003 at 7:30 to revise present code to give supervisory responsibility to new clerk.

Ely City Council -4- March 10, 2003

Mayor reported on meeting with College Community School about swimming pool. Mark Banowetz reported on research he had done in regard to and Ely City Pool. He has talked to a company that will look at parkland and present a design for whole park that would include a pool.

Dave Koss asked what his options were for Worley Lane. Mayor explained that we should have a cul-de-sac like we have on Poplar ST and North Drive. Road could also be curved, but half of it is County, so that needs to be taken into account also. Concerns were expressed on the liability of City if roadbed is put in that does not meet present code requirements.

Motion by Sturgeon, seconded by Schmidt to adjourn. Motion carried. Meeting adjourned, 10:36 p.m.

__________________________

Thomas M. Tjelmeland, Mayor

ATTEST: ____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

FEBRUARY 10, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Duane Kunkel, Mark Banowetz, Don Sturgeon, Karl Schmidt, Al Tjelmeland. Guests: Gary Whittom, Lloyd Duffe, Deputy Sheriff, Johnson, Patty Ballard.

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

Motion by Sturgeon, seconded by Schmidt, to approve minutes of January 13^th and January 20^th, 2003 as presented. Motion carried.

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

Motion by A. Tjelmeland, seconded by Schmidt, to place January financial reports on file. Motion carried.

FUNDREVENUESEXPENSESGENERAL5,200.4417,504.21ROAD USE7,344.424,585.38TIF4,302.54980.00DEBT SERVICE428.19IPERS32.981,215.37OTHER PROJECTS22,824.41LIBRARY PROJECT5,320.822.10FIRESTATION PROJECT90.56WATER UTILITY8,239.085,074.03SEWER UTILITY11,097.1710,739.85SANITARY UTILITY5,245.035,372.36Council reviewed first draft of Comprehensive Plan as submitted by Plan and Zoning Commission and Tim Vick. Mayor requested that Council members review the entire document and make comments.

Mayor also noted that Aaron Cooper submitted a letter resigning from the Park and Recreation Committee.

Deputy Sheriff Johnson submitted monthly report. Gary Whittom noted that during snow plowing cars approach the snowplow with a lack of respect. Gary will get license plates and notify Sheriff’s Department of future incidents. Sheriff’s Department will be ticketing cars that are left parked on street more than 48 hours to insure that proper snow plowing can be done.

Insulating Garage at Lagoon

Discussion held on insulating garage at Lagoon.

Motion by Banowetz, seconded by Kunkel, to have City Maintenance Department obtain quotes on insulation material and labor for lagoon garage and get an alternate bid for insulating just a small room at garage. Motion carried.

Purchase of Snow Blower

Council reviewed bids received from Maintenance Department for snow blower. This is needed for Library and Fire Department properties as well as sidewalk at Community Center.

Motion by Schmidt, seconded by Kunkel, to purchase snow blower for City use. Motion carried.

Ely City Council -2- February 10, 2003

Termite Treatment of City Hall

Termites have been noticed at City Hall and spot treatment has been made. City has one bid for treating whole building and Council requested that we obtain two more bids and discuss this at March meeting.

Banner Valley Storm Water

Mayor informed Council that Duane Kunkel and he had attended a meeting with Linn County in regard to storm water concerns along Banner Valley Road. Further information is being gathered and this will be on next agenda to keep Council informed of any new developments. Duane Kunkel said that he got the impression that this is going to be handled with a minimum amount of Engineering expense for the City of Ely.

Resolution considering Transfer of Funds

RESOLUTION NO. 03-0210-06: Resolved by A. Tjelmeland, seconded by Banowetz, to authorize transfer of funds from TIF fund to Debt Service Fund for payment of Bonds and to transfer funds from Culture and Recreation Program to General Government Program for Tuck pointing of Community Center.

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

NAY: none

Resolution adopted.

Discussion on changing Ordinance relating to Mayor and Council wages

Council and Mayor discussed raising wages for elected officials. This has not been done for a number of years and if it is to be done, it needs to be done well before the next general election. At next meeting Clerk will submit a survey of salaries for these positions in other towns in the area.

Local Option Sales Tax for Municipal Improvements

Discussion held on establishing a use for Local Option Sales Tax. It was determined that the City should pursue this and see what it takes to put it on with the November general election.

FY2004 Budget – Review of final draft and set date for Public Hearing (March 10, 2003)

Council and Mayor reviewed the final draft of the FY2004 budget.

Motion by Sturgeon, seconded by Kunkel, to set March 10, 2003 at 7:30 p.m. as date and time for Public Hearing on FY2004 budget. Motion carried.

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

___________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: _________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

SPECIAL MEETING

JANUARY 20, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Duane Kunkel, Mark Banowetz, Don Sturgeon, Karl Schmidt, Al Tjelmeland. Guests: Gary Whittom, Jim Miller.

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

Correspondence included letter form Mayor in regard to his payment for Ranmar Drive repairs.

Mark Banowetz asked about possibility of city removing a beaver in creek by Ed Vavra’s house. The beaver is building a dam that may cause water problems. It was determined that if it’s on city property, city will take care of it, but if it is on private property, the owner must take care of it.

Budget work session was held. Need to place ad for full time clerk with supervisory capability.

Discussion held on obtaining tank for diesel fuel. Mark Banowetz explained that he has been told that since this is a City owned tank, it must comply with rules that are different than if it was privately owned. There is some confusion about this, so City will proceed as funds are available.

Council reviewed final draft of budget and determined they are ready to finalize budget and set date for public hearing at February meeting.

Karl Schmidt and Duane Kunkel will attend meeting with Linn County on January 28, 2003, in regard to Banner Valley Storm Drainage.

Motion by A. Tjelmeland, seconded by Sturgeon, to adjourn. Motion carried. Meeting adjourned, 8:57 p.m.

____________________________

Thomas M. Tjelmeland, Mayor

ATTEST____________________________

Roberta A. Hamdorf, City Clerk

ELY CITY COUNCIL

REGULAR MEETING

JANUARY 13, 2003

Meeting called to order at 7:30 p.m. by Mayor Thomas M. Tjelmeland. Present: Mark Banowetz, Karl Schmidt, Al Tjelmeland, Duane Kunkel, Don Sturgeon. Guests: Lloyd Duffe, Jim Miller, Adolph Nezerka, Gerald and David Koss, Sgt J.R. Johnson.

Al Tjelmeland asked to add Fire Dept Trustees as a discussion item. Motion by Schmidt, seconded by Sturgeon, to approve agenda as amended. Motion carried..

Motion by Schmidt, seconded by Sturgeon, to approve minutes of December 9, 2002, as submitted and minutes of January 6, 2003, as amended. Motion carried.

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

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

FUNDREVENUESEXPENSESTRANSFERSGENERAL12,299.1211,618.33-761.27ROAD USE15,839.327,475.27DEBT SERVICE1,193.11 94,847.27TIF10,860.89-94,086.00IPERS100.00LIBRARY PROJECT10,014.00SANITARY UTILITY4,536.227,134.03WATER UTILITY6,799.554,742.77SEWER UTILITY8,033.548,251.45PAYROLL CLEARING2,832.452,693.35

Motion by A. Tjelmeland, seconded by Sturgeon, to give American Legion an annual credit of 25 cents, to reimburse for an alleged overpayment of interest on utility billing. Motion carried.

Mayor told Council there will a court case in May 2003 on the Whitters matter.

Geneva Tower Bonds

Dean Spina, representing Geneva Towers, informed Council that Geneva Towers Bonds that Council had agreed to sponsor would not be sold until 2003. Because of this, he wanted to let the Ely City Council know that, although the City of Ely will incur no costs, the bonds will go against the amount the City of Ely may borrow money in 2003. Since the City of Ely has no intention of issuing anywhere near the allowable amount, the Council and Mayor informed Mr. Spina, there was no problem created for Ely by the Geneva Tower Bonds being sold in 2003.

Water Tower Lease

Karl Schmidt explained that he had reviewed the contract submitted by U.S. Cellular for use of Water Tower. He has made a number of changes and it was sent back to U.S. Cellular for their review. The public hearing can be held when U.S. Cellular notifies the City they are ready to proceed.

Louis Field 4^th Addition

Council reviewed the Preliminary and Final Plat for Louis Field Fourth Addition. The Council had previously approved the Preliminary Plat with certain stipulations. Those stipulations are shown on the submitted Preliminary Plat.

RESOLUTION NO. 03-0113-01: Resolved by Schmidt, seconded by Sturgeon, to approve preliminary plat of Louis Field Fourth Addition, subject to Out Lot B being deeded to Lot 12 of Louis Field Second Addition.

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

NAY: none

Resolution adopted.

RESOLUTION NO. 03-0113-02: Resolved by A. Tjelmeland, seconded by Sturgeon, to approve Final Plat of Louis Field Fourth Addition.

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

NAY: none

Resolution adopted.

Adjustment of FY03 Budget – GASB 34

RESOLUTION NO. 03-0113-03: Resolved by A. Tjelmeland, seconded by Schmidt, to adjust current City Budget to conform with Iowa Code 384.16 and Iowa Administrative Rule 545.2. (GASB 34)

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

NAY: none

Resolution adopted.

Banner Valley Storm Water

Karl Schmidt said City Attorney has notified him that a meeting has been scheduled on January 27^th with County in regard to Banner Valley Storm Water. Duane and Karl will attend to represent City of Ely. If any other Council members want to attend they should notify the City and agenda will be posted stating that our Council will be meeting on January 27^th. This meeting will not be held at Council Chambers in Ely. City Attorney and Hall and Hall Engineers will also be at this meeting.

Motion by A. Tjelmeland, seconded by Kunkel, to table further discussion on Banner Valley Road until February meeting. Motion carried.

Park Design – Council Input

Duane Kunkel stated that City needs to decide on infrastructure and access needs for new park before plans are requested from and architect or designer. Mayor said he feels that any

architect or designer will know they need to take those things into consideration before doing a design. Mayor said a consultant has submitted information and he would like that information to go to Park Committee before it comes to Council. Duane said he would talk to Park Committee.

FY2004 Law Enforcement Contract

RESOLUTION NO. 03-0113-04: Resolved by A. Tjelmeland, seconded by Banowetz, to approve FY2004 Law Enforcement Contract with Linn County for 21 hours a week at a cost of $20.00 an hour.

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

NAY: none

Resolution adopted.

Water and Sewer Rate Increase

Motion by Sturgeon, seconded by Kunkel, to place Ordinance No. 171 on second reading by Title only. Motion carried.

Motion by Kunkel, seconded by Schmidt, to waive third reading of Ordinance No. 171 and adopt Ordinance No. 171.

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

NAY: none

Ordinance No. 171 adopted.

ORDINANCE NO. 171: AN ORDINANCE TO INCREASE WATER AND SEWER RATES EFFECTIVE WITH THE JANUARY 2003 UTILITY BILLING

Motion by Sturgeon, seconded by Kunkel to table placement of water tower and change order for Library Sidewalk Project. Motion carried.

Bill for Ranmar Drive

Discussion held on right of way alignment that existed on Ranmar Drive. When the developer went to connect to the old portion of this street, it was discovered that there was a misalignment. If it was not corrected, the street would have had an awkward curve. The developer checked with the Mayor and it was determined that a portion of the old street should be removed so the street could be installed per City standards. The developer is now asking City to pay for the asphalt that was used on the portion that was misaligned.

RESOLUTION NO. 03-0113-05: Resolved by Schmidt, seconded by Sturgeon, to pay Cedar Valley Asphalt for Ranmar Drive asphalt work and to encourage two developers involved to reimburse City on a pro-rata share.

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

NAY: none

ABSTAIN: Kunkel (as he is involved in this matter)

Resolution adopted.

Appointments to Historic Preservation Committee

Motion by Sturgeon, seconded by Kunkel, to reappoint Sharon Furler and Clary Illian and also appoint Audrey Yarborough, as a new member to the Historic Preservation Committee. Motion carried.

FY 2004 Budget

Al Tjelmeland explained that the Fire Department will need to be paid per the agreement that was worked out with the Fire Trustees. Mayor Tjelmeland explained that the agreement was to pay the Fire Department based on the taxable value of the City that is not in the TIF. The Clerk will need to get that value from the County and will relay the information to the Fire Chief.

Mayor set a special meeting for Monday, January 20^th at 7:30 p.m. to work on FY2004 budget.

Motion by Don Sturgeon, seconded by Schmidt, to adjourn. Motion carried. Meeting adjourned, 10:03 p.m.

____________________________________

Thomas M. Tjelmeland, Mayor

ATTEST: _____________________________

Roberta A. Hamdorf, City Clerk