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 8th Addition

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