Ely City CouncilApril 10, 2006 (continued)1
ELY CITY COUNCIL
REGULAR MEETING
APRIL 10, 2006
ELY CITY COUNCIL CHAMBERS
Mayor Dale Stanek called the meeting to order at 7:00 p.m. Council members present: Mark Banowetz, Kris Tharp, Kevin Meskimen and Tom Winkowski; John Smith absent, excused. Guests included: Marie Miller, Jim Miller, Cliff Voelker, George Engel, Evan Fitzgerald, John Gaines, Jeff Brunschea, Shaw Lullman, Mark Sullivan, Bill Grove, Barb Grove, Keith Schulte. Millicent Cozzei, Julie Schneckler, Jan Ballard, Angela Ballard, Patty Ballard, Paul Stewart, Duane Kunkel, Tom Rohner and Jack Stewart. Deputy R. Crosser of the Linn County Sheriff’s Department also attended.
Banowetz, second Tharp, moved to approve the agenda. Motion carried – 4 to 0.
Tharp, second by Winkowski moved to approve the minutes of the March 13, 2006 regular City Council meeting as presented. Motion carried - 4 to 0.
Tharp, second by Banowetz, to approve the Treasurer’s Report for the period ended March 31, 2006. Motion carried – 4 to 0.
Treasurer’s Report (summary) for the period ended February 28, 2006
Receipts / Disbursements / Ending BalanceGeneral / $ 10,006.23 / $ 49,426.49 / $ 71,871.77
Road Use / 10,123.58 / 4,595.02 / 870.59
TIF Fund / 4,228.67 / 333,391.08
Debt Service / 1,780.79 / 8,265.64
Other Projects / 239.00 / 150,211.19
Library Project / 3,169.70
Water Utility / 11,756.07 / 4,203.78 / 85,744.29
Water/Sewer Reserve / 25,000.00
Sewer Utility / 15,206.21 / 12,910.00 / 121,263.86
Sanitary Utility / 3,893.21 / 4,999.76 / 56,189.72
PR Clearing / 6,519.94 / 465.65 / 8,691.48
Totals / 63,807.50 / 76,600.70 / 864,669.32
Banowetz, second by Tharp, moved to approve payment of bills listed for March 2006. Motion carried – 4 to 0.
Communications:
Deputy Crossser of the Linn County Sheriff’s Office presented the Monthly Activity Report.
Citizen Requests. Clerk-Administrator Anderson reported on a request from Darold Landuyt, 1225 Pacific Street, to adjust his water bill to reflect a water softener that ran excessively while they were not home. Meskimen, second by Tharp, moved to waive the sewer use fee for water use over 5,000 gallons for use billed for in March and April, 2006 for Darold Landuyt, 1225 Pacific Street. Motion carried – 4 to 0.
George Engel, 1209 Banner Valley Road, reported the sewer line installed to serve his property in the future that crosses Rogers Creek was supposed to be encapsulated when built. Mr. Engel reported the pipe is partially exposed, and requested the City Council act to correct the situation. The City Council directed the Clerk/Administrator to investigate this matter, and contact the contractor who originally installed the sewer line.
Public Hearing re: Request to Dispose of the City’s Interest in a Portion of an “Easement for Public Highway” along Jappa Road and the former alignment of Rogers Creek Road – Meadow Brook Subdivision, Residential Solutions LLC, Paul & Jack Stewart. At 7:14 p.m. Meskimen, second by Tharp, moved to open a public hearing regarding a request to dispose of the city’s interest in a portion of an “Easement for Public Highway” along Jappa Road and the former alignment of Rogers Creek Road. Motion carried - 4 to 0. Mayor Stanek declared the public hearing to be open at 7:14 pm. Clerk-Administrator Anderson reported notice was published in the Cedar Rapids Gazette, posted and parcel specific notices mailed per City and State Code.
Mayor Stanek asked for comments from the public regarding the public hearing item. Clerk-Administrator Anderson summarized the request, noting the City would be releasing its interest in a public highway easement, rather than vacating right of way. Cliff Voelker asked if by approving this request the City would not be taking an additional 20 feet along Jappa Road. Mayor Stanek replied the City would be releasing its interest in an easement, and would not be taking or retaining any additional right of way along Jappa Road. Mr. Voelker asked if the recently built houses along Jappa would comply with zoning ordinances. Mr. Stanek replied they would.
Duane Nearad asked if right of way along Jappa would extend 30 feet east from the center of Jappa Road. Mayor Stanek stated the right of way would be 30 feet east from center of road as presented in the final plat for the Meadow Brook addition.
Mayor Stanek asked for additional comments from the public regarding the public hearing item. None were received. At 7:16 p.m. Winkowski, second by Tharp, moved to close the public hearing. Motion carried – 4 to 0. Mayor Stanek declared the public hearing closed and the meeting returned to regular session at 7:16 p.m.
Resolution No. 06-0410-09, Disposing of the City’s Interest in Portions of an Easement for Public Highway Jappa Road/Rogers Creek Road - MeadowBrook Subdivision, Residential Solutions LLC. Tharp, second by Meskimen, moved to approve Resolution No. 06-0410-09, Disposing of the City’s Interest in Portions of an Easement for Public Highway Jappa Road/Rogers Creek Road. Motion carried – 4 to 0.
Request for Approval of Outdoor Service Area for Class C On-Premise Liquor Permit, Wink’s Tap Inc, dba Odies Bar N’ Grill, 1650 Dows Street. Mayor Stanek reported Odies Bar N’ Grill has requested approval for an outdoor service area for dining and alcoholic beverages, and that correspondence has been received from Bonnie Levien regarding this request, a copy of which is attached to these minutes. The City Council discussed this request with Tom Rohner, representing Odies. Items discussed include: Odies’ proposal includes building an 8’ tall solid privacy fence that would completely enclose the area; Odies’ would not have speakers in the outdoor area or any plans for outdoor music; that there would be exits from the area that would be latched to allow exit but not entry; and concerns on where employees and others would park.
Tharp, second by Winkowski, moved to table the request for Outdoor Service Area and direct the Clerk/Administrator to research how other cities regulate such activities. Motion carried–4 to 0.
Renewal Application for Off-Premise Class C Beer and Sunday Sales Permit – Cleppe's 66 Service, 1555 State Street. Tharp, second by Meskimen, moved to approve a renewal application for Off-Premise Class C Beer and Sunday Sales for Cleppe’s 66 Service at 1555 State Street. Motion carried – 4 to 0.
Renewal Application for On-Premise Class C Liquor and Sunday Sales Permit – American Legion Post #555, 1545 Main Street. Tharp, second by Winkowski, moved to approve a renewal application for On-Premise Class C Liquor and Sunday Sales for American Legion Post #555 at 1545 Main Street. Motion carried – 4 to 0.
Authorize Job Offer for Deputy Clerk. Clerk-Administrator Anderson reported the City had received twelve applications for the Deputy Clerk position, and an ad-hoc committee had interviewed the two most qualified candidates. Anderson reported the committee unanimously recommends Teri Billick, 230 Jappa Road, to fill the Deputy Clerk position. Tharp, second by Winkowski, moved to authorize offering the position of Deputy Clerk to Teri Billick at $.50 per hour less than currently paid. Motion carried – 4 to 0.
Proposals for Mowing Service. Mayor Stanek reported requests for proposals for mowing services were solicited per City Council direction, and sealed proposals received. Mayor Stanek opened the following sealed proposals for mowing services at city parks and other city property identified in the Request for Proposals:
Vendor / 2006 / 2007, 2008 / 10% SecurityBerns Brothers Mowing Service / $ 275.00 / No Response / Received
B.L.C Lawn Care / $ 488.25 / No Response / Not Received
Buresh Lawncare & Landscaping / $ 460.00 / No Response / Received
Green Streak Landscaping / $ 570.00 / $600, $630 / Received
Clerk-Administrator Anderson presented a cost estimate of between $355 and $414 per occurrence for the same work when performed by City employees, noting the estimates include equipment costs of $72 to $84 per occurrence. Meskimen, second by Winkowski, moved to table action on mowing proposals and to direct the Clerk-Administrator to research the Berns Brothers Mowing Service proposal. Motion carried – 4 to 0.
Proposals for Preliminary Engineering – Hillcrest/Highland Project. Clerk-Administrator Anderson reported Requests for proposals for Preliminary Engineering Services for the Hillcrest/ Highland Project were solicited per City Council direction, and the following proposals received:
FirmMaximum Cost
Brain Engineering, Cedar Rapids, IA$ 5,400.00
MMS Consultants, Cedar Rapids, IA$11,900.00
Shive-Hattery, Iowa City of Ely$ 9,500.00
Meskimen, second by Tharp, moved to accept the proposal from Brain Engineering for preliminary engineering services for the Hillcrest/Highland Project at a cost not to exceed $5,400.00, subject to City Council approval of a contract with said firm. Motion carried – 4 to 0.
Authorize Soliciting Requests for Proposals for Preliminary Engineering Services – Dows Street Gateway Project. The City Council discussed whether to solicit preliminary engineering proposals via the request for proposals prepared by City staff for the Dows Street Gateway Project. Items discussed include budget for these services; if the timing is appropriate for RFP’s; project timeline; the time needed to apply for financial assistance programs, and that the City would not be required to accept any proposal received. Meskimen, second by Winkowski, moved to authorize soliciting proposals for preliminary engineering services for the Dows Street Gateway project. Motion carried – 3 to 1, Tharp opposed.
Revision of Animal Control Ordinance regarding Pit-Bull Dogs and other Dangerous Breeds of Dog. The City Council reviewed other cities’ provisions for regulating dangerous dogs, including breeds considered dangerous. Tharp, second by Meskimen, moved to table further discussion and direct the Clerk-Administrator to prepare a draft ordinance for Council review. Motion carried – 4 to 0.
Resolution No. 06-0213-02, Establishing Procedures for Expenditures of the City of Ely. The City Council discussed proposed Resolution No. 06-0213-02, which would establish procedures for the authorization of expenditures of city funds. Items discussed include: revising the resolution to include Parks expenditures to be covered by the policy, procedures to be followed, authorizations required for specific dollar amounts and other items. Meskimen, second by Tharp, moved to approve Resolution No. 06-0213-02, Establishing Procedures for Expenditures of the City of Ely, revised to include Parks expenditures in the policy. Motion carried – 3 to 1, Banowetz opposed.
Water and Sewer Trunk Access Fees. The City Council discussed water and sewer trunk and access fees and how other cities in the area address this issue. It was the general consensus of the City Council to discuss this matter further as part of a special meeting with Engineer Ed Brinton regarding the Wastewater Treatment Facility design.
Accept Agreement with ECICOG and Linn County to Prepare a “City/County Strategic Growth Plan and Agreement” in cooperation with Linn County Planning and Development. Meskimen, second by Banowetz, moved to accept an agreement with ECICOG and Linn County for ECICOG to prepare a “City/County Strategic Growth Plan and Agreement” in cooperation with Linn County Planning and Development, Ely’s cost not to exceed $3,797.00. Motion carried – 4 to 0.
Resolution No. 06-0410-09 – Accepting revision to Contract for Engineering Services – Shive Hattery, State Street Bridge Replacement Project. Mayor Stanek reported Shive Hattery has requested cost of services for engineering services for the State Street Bridge project be increased by $6,500 to reflect additional engineering necessary to meet IDOT rural section design standards. Meskimen, second by Banowetz, moved to approve Resolution No. 06-0410-09 – Accepting revision to Contract for Engineering Services – Shive Hattery, State Street Bridge Replacement Project. Motion carried – 4 to 0.
Appointments to City Boards and Commissions. Meskimen, second by Tharp, moved to approve the following appointments:
Kathleen Banowetz and Michelle Fields to Park Board
Evan Fitzgerald to Plan and Zoning Commission.
Motion carried – 4 to 0.
Discussion Items. None
Meskimen, second by Tharp, moved to adjourn. Motion carried – 4 to 0. The meeting adjourned at 8:30 pm.
Dale Stanek, Mayor
Attest:
Aaron Anderson, Clerk/Administrator
To: the city council of Ely
the city Clerk and Administration
This is a written notice to be read into the minutes at tonight's (April 10) city council meeting, concerning Odie's request for an outdoor area.
We are vehemently opposed to this idea in any space or configuration. From past experience, we know that the establishment will not follow city guidelines when it comes to noise and general disturbance of the neighborhood. We are already in the situation where we can't open our windows during nice weather or entertain outside because of the noise. It has reached levels where we couldn't hear our television or stereo not to mention holding a conversation.
Added to the noise issue, the neighborhood now has several small children living in close proximity of the back of the bar. The noise and foul language coming from inside and outside the bar is not something that children need to be exposed to.
If the bar builds the structure as shown in the drawing, where are the employees going to park? Already, Dows street is full and several people park behind the bar. Our alley, driveways, and lawns are not open for Odies customers to park. Plus, we have several of Odies customers and employees speeding down the alley from the Rowley street entrance. This endangers the children as well as anyone just walking down the alley.
Also, Henrietta has her house for sale next to the bar building. It has been for sale for some time. With the bar expansion, properties will be harder to sell, value will continue to decline. Her house is a perfect example of this growing problem.
The City Council needs to each ask themselves;
Would I like to live with closed windows and doors during nice weather?
Would I like to have to limit my outside activities because of the noise and activity from my next door neighbor?
Would I like my children to be exposed to alcohol, loud music, foul language, and drunk people?
Would I endanger my children with speeding traffic behind my house?
Would I like my community to be known as the one where a large area of the downtown is a bar?
Would I like my community to be known as one that does not take into consideration thesafety and well being of children?
Would I like my property value todecline?
Would I like to know that my property would be almost impossible to sell because of the neighboring business?
We are not opposed to business growth in Ely--we are opposed to having our quality of life even more diminished and safety even morethreatened. We believe that any expansion of a bar would be a detriment to the neighborhood and the community as a whole.
Thank you for your time and consideration on this matter
Bonnie and Allan Levien