REGULAR COUNCIL MEETING

October 19, 2015

    

     The City Council of the City of Fayette, Iowa, met Monday, October 19, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Sorensen. Absent - Patrick.

     Moved Boberg, seconded Nefzger, to approve the consent agenda consisting of the regular meeting minutes of 10/05/15, Special Council meeting minutes of 10/14/15, Claims List of 10/06–19/15, September 2015 Treasurer’s/Clerk’s Report and Budgetary Report, renewal of a Beer Permit for Gavin’s Foods and a new Cigarette Permit for Zychski’s Boutique, 210 S. Main Street. Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of September 30, 2015: General $217,532.88; Streets $408,350.49; Debt Service $7,134.09; Water Utility $175,592.82; Water T&A $23,190.43; Sewer Utility $343,594.93; CDBG Sewer ($195,936.62); Landfill/Recycling ($320.20); Yard Waste $8,214.37; Bolger Fund $153,156.30; TIF $56,758.38; Local Option Sales Tax $25,053.04; Storm Water $54; Downtown Project ($19,612.26); Franchise Fees $18,948.02. September Receipts by Fund: General $79,620.47; Streets $19,412.52; Debt Service $958.74; Water Utility $2,883.56; Water T&A $1,800; Sewer Utility $4,807.10; CDBG Sewer $5,648; Lf/Recycling $456.68; Yard Waste $100; Bolger $5,865.57; TIF $659.91; Storm Water $39. Total Receipts $122,251.55. September Disbursements by Fund: General $61,618.92; Streets $2,573.65; Water Utility $33,042.78; Water T&A $1,100; Sewer Utility $29,936.62; Sewer CDBG $1,921.54; Bolger $2,031; Downtown Project $2,206.05. Total Disbursements: $134,430.56. Investments: $1,281,140.32. Bank Balance $2,503,150.99. Balance with Library Funds $2,597,263.67.

     Moved Nefzger, seconded Boberg, to approve the agenda as presented. All ayes, carried.

     Upon Mayor Wenthe’s request, moved Nefzger, seconded McGrane, to appoint Pat Whelan as Fayette’s representative to the Fayette County Solid Waste Management Commission for a two year term (10/19/15-10/19/17) to fill the vacancy of Kerry Opel; to appoint Shawn McMurray to the Recreation Board for a two year term (10/19/15 – 11/01/17) to fill the vacancy of Elissa Wenthe; to reappoint Don McComb to the Planning & Zoning Commission for another five year term (expires 5/31/2020); and to reappoint Al Wagner to the Fayette County Local Housing Trust Fund Board for another three year term (expires 8/01/2018). All ayes, carried.

     Administrator/Clerk Dennis reported that D&D Plumbing, Htg. & Electric provided a bid for the installation of a tankless hot water heater and water softener in city hall at a cost of $3,700, which will be installed as soon as the equipment arrives. ~ Dennis handed out new brochures that Maple Memory Lane Assisted Living Center dropped off at her office today.

     Moved Nefzger, seconded McGrane, to introduce for discussion the purchase of a new pick-up truck for the Public Works Department. Public Works Director Jerry Hildebrand was present and said this would be a third pick-up truck for the department so the employees don’t have to drive their personal vehicles to perform city work and that $25,000 was budgeted in FY16 for this truck. Moved Sorensen, seconded Boberg, to approve the purchase of a 2016 Chevrolet Silverado 1500 Work Truck for the Public Works Department for the low bid of $23,050 from Brown’s Sales, Elkader. All ayes, carried.

   Moved Boberg, seconded McGrane, to approve the Ambulance Service meeting minutes of Oct. 7, 2015. All ayes, carried.

   Moved McGrane, seconded Nefzger, to introduce for discussion the rent to charge for the office space at 9 S. Main. Dennis reported she had checked with local realtor, Jeff Bradley, and he said $400 per month for the office size (1,219 sq. ft.) we have would be reasonable. Moved Boberg, seconded Nefzger, to approve a rent amount of $400 for 9 S. Main Street. All ayes, carried.

     There being no further business, moved Nefzger, to adjourn at 7:40 pm.      

SPECIAL COUNCIL MEETING

October 14, 2015

     The City Council of the City of Fayette, Iowa, met in special session in the council chambers at City Hall, on Wednesday, October 14, 2015, at 7 p.m. pursuant to law and rules of said council, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members Boberg (on speaker phone), McGrane, Nefzger and Sorensen. Absent – Patrick.  

     Moved McGrane, seconded Nefzger, to approve the agenda as posted. All ayes, carried.

     Moved Nefzger, seconded McGrane, to discuss the hiring of Richard Pisanti, Florida, as the new Police Chief. All ayes to discuss. Mayor Wenthe explained that the Police Chief Search Committee recommended Richard Pisanti and a law enforcement panel, made up of the Fayette County Sheriff, the Fayette County Chief Deputy, the Oelwein Police Chief and the West Union Police Chief, also recommended him. He added that all the background checks came back with no issues and Richard passed the tests that are required by the Iowa Law Enforcement Academy.

     The Mayor said by having this special meeting, Pisanti could start working in Fayette two weeks earlier than if the council had waited until the regular meeting on Monday, Oct. 19th, to approve his hiring. Pisanti’s start date will be November 9th or very close to that date.

     Moved McGrane, seconded Nefzger, to hire Richard Pisanti as the new Fayette Police Chief at a salary of $55,000. Three voted aye, Boberg nay, motion approved. 

     There being no further business, moved Nefzger, unanimous, to adjourn at 7:12 p.m., carried.

Regular Council Meeting

October 5, 2015

    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Monday, October 5, 2015, Mayor Pro-Tempore Patty Nefzger presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Sorensen. Absent: Patrick.

     Moved Boberg, seconded McGrane, to approve the consent agenda consisting of the regular meeting minutes of 09/21/15, Claims List of 09/22/15 – 10/05/15. McGrane explained that the expenditure of $3,069.90 to 247 Security Inc. is for a camera system for one of the police vehicles that was purchased through the sTEP grant program and the city will be reimbursed for the total amount. On roll call, all voted aye, carried.

     Moved Sorensen, seconded Boberg, to approve the agenda as presented. All ayes, carried.

     Mayor’s Report: Nefzger said they were still waiting on the background information before they could hire the new police chief, but they are getting close to being finished. ~ Halloween Trick or Treating will be held in Fayette on Saturday night, October 31st, from 5 pm to 7 pm. Citizens wishing to hand out treats should turn on their porch lights. ~ Several committee positions are vacant that need to be filled.

   Administrator/Clerk Dennis reported that Roger Shaffer, auditor, came to her office and started the annual exam. ~ Mailed 473 city utility bills on Sept. 29th. ~ Dennis will be retiring next year on October 28th, 2016.

     Mayor Pro-Tem Nefzger asked Bobby Larson, Watermelon Days Co-Chair, if she would like to add anything to the letters the council had received with concerns about Fayette Fire Chief, Jason Rohde, not allowing the Watermelon Days Committee to use the Fire Station for the Watermelon Days community dinner. Larson said the actions that happened the afternoon/evening of September 11th were unacceptable by the Fire Chief. She added that now she and Linda Tenney (Co-Chair) have no trust or respect for a man of his status and they are concerned whether Rohde will put past issues aside in order to save their families if they ever have an emergency. Larson said someone of that status in the community should stand up for the community and were very disappointed that they weren’t allowed to use the fire station or the tables and chairs stored there, when Rohde had given them permission months before to use them for the event. In Larson’s letter she said the fire chief complained that the committee didn’t list the Firemen’s supper on the Watermelon Day poster. Larson said if Rohde had an issue with the supper not being on the poster, he should have come to the committee sooner rather than having a confrontation in front of the committee and volunteers. Mayor Pro-Tem Nefzger apologized to Larson and the committee and suggested that the new building use policy would eliminate future problems, although Larson wasn’t so sure. Larson suggested that Fire Chief Rohde should be reprimanded and that others in the community feel the same, but hadn’t voiced their opinions. Boberg suggested that Nefzger consult with Mayor Wenthe about referring the matter to the Personnel Committee or have the Mayor talk to Rohde. Rohde was present at the council meeting but did not comment on the matter.

   Moved McGrane, seconded Boberg, to introduce and approve Resolution #2015-18: City Building Use Policy. The City Administrator/Clerk is responsible for scheduling City Hall, the Library Director for the Library and the Fire Chief for the Fire Station, but the Mayor has the final authority approving the use of a city building. A written request should be submitted to the City Administrator/Clerk fifteen days in advance of the usage date. On roll call, all ayes, carried.

     Moved Sorensen, seconded McGrane, to approve the final reading of Ordinance 488: Rescinding Ordinance 487, reinstating Lien Exemptions, and adding language to the ordinance for a mailing address and phone number from a landlord. On roll call, all ayes, final reading approved.

     Moved Boberg, seconded McGrane, to introduce and approve the final reading of Ordinance 489: Amending Chapters 90.10, Tapping Mains; Chapter 92.09, Customer Deposits; Chapter 92.10, Temporary Vacancy and adding Chapter 99.16, Customer Deposits for sewer, landfill, recycling, yard waste and storm water drainage utility service. On roll call, all ayes, final reading approved.

     Moved Sorensen, seconded McGrane, to introduce and approve Resolution #2015-19: Five Year Sewer Maintenance Contract with Municipal Pipe Tool Company. The city has used this company for over thirty years for televising, jet cleaning and smoke testing the city’s sewer mains. On roll call, all ayes, carried.

         Moved McGrane, seconded Boberg, to approve Resolution #2015-20: Bridge Inspection Agreement with Fayette County. Dennis explained that this isn’t anything new and the inspection fees are the same as the city was charged by the Fayette County Engineers office two years ago. The county hires an outside engineering firm to inspect the city’s bridges and Fayette County provides their engineering services at no charge to be Faytte’s Custodian and Program Manager. On roll call, all ayes, carried.

     Moved Boberg, seconded Sorensen, to go into closed session at 7:59 pm, allowed under Iowa Code Chapter 21.5(1)C for a litigation matter. All ayes, carried.  

     The council came out of closed session at 8:14 pm. Moved Boberg, seconded Sorensen, to authorize City Attorney Hofmeyer to prepare the documentation to sue Sierra Fox for her police training costs in the amount of $7,199.67 which was due August 30, 2015 (sixty days from the date she resigned, as stated in the agreement that Fox signed). Three voted aye, McGrane voted nay, motion carried.

     There being no further business, moved Boberg, unanimous, to adjourn at 8:18 p.m.

REGULAR COUNCIL MEETING

September 21, 2015

    

     The City Council of the City of Fayette, Iowa, met Monday, September 21, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Moved Sorensen, seconded Nefzger, to approve the consent agenda consisting of the regular meeting minutes of 09/08/15, Claims List of 09/09–21/15 and the August 2015 Treasurer’s/Clerk’s Report and Budgetary Report. Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of August 31, 2015: General $199,831.33; Streets $391,511.62; Debt Service $6,175.35; Water Utility $205,752.04; Water T&A $22,490.43; Sewer Utility $368,724.45; CDBG Sewer ($199,663.08); Landfill/Recycling ($776.88); Yard Waste $8,114.37; Bolger Fund $149,321.73; TIF $56,098.47; Local Option Sales Tax $25,053.04; Storm Water $15; Downtown Project ($17,406.21); Franchise Fees $18,948.02. August Receipts by Fund: General $21,707.11; Streets $18,794.31; Water Utility $4,946.74; Water T&A $3,553.31; Sewer Utility $7,341.62; CDBG Sewer $502,412; Lf/Recycling $1,285.68; Yard Waste $260; Bolger $1,848; Local Option $8,315.88; Storm Water $15; Franchise Fees $2,787.15. Total Receipts $573,266.80. August Disbursements by Fund: General $37,750.54; Streets $11,408.92; Water Utility $6,118.71; Water T&A $1,291.59; Sewer Utility $28,642.39; Sewer CDBG $124,254.87; Bolger $245; Downtown Project $3,178.75. Total Disbursements: $212,890.77. Investments: $1,309,942.90. Bank Balance $2,544,132.58. Balance with Library Funds $2,637,555.68.

     Moved Nefzger, seconded Sorensen, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe reported that the search committee interviewed the two Police Chief candidates who were at the meet and greet on Tuesday, September 15th.   He said they are waiting for the results of some on-going testing, before they can make their final choice for Police Chief.

   Administrator/Clerk Dennis reported that Fayette Lumber installed a new back door and raised the threshold to keep the water from running under the door at 9 South Main, next door to city hall. ~ The hot water heater at city hall broke so she is getting bids for a new on-demand hot water heater and a water softener at the request of the ambulance service. ~   Dennis finalized the application to partially fund two new warning sirens through Iowa Homeland Security & Emergency Management and it was submitted to FEMA on September 10, 2015. A new location was chosen for the siren that was going in Cardinal Park. It will now be placed north of the water tower on city property. After FEMA approves the application, then we may proceed with the project. ~ Fire Chief, Jason Rohde, picked up the new 2016 Ford F350 pick-up truck from Wilbur Ford in West Union on Sept. 15th. The cost was $29,862.24 and was paid for out of the fire department city savings account. ~ The Fayette American Legion made their final loan payment and paid off their 2011 loan of $15,000 early. ~ Fall Clean-up Day will be October 14th in Fayette for landfill items. ~ Mediacom is going to finish going 100% digital starting the first part of October. Lee Grassley, Senior Mediacom Manager, said this would only affect about 1 percent of the subscribers who are still using some analog channels. Grassley said a notice would be sent out to subscribers the first of October.

     Moved Patrick, seconded McGrane, to discuss the topic of an Economic Development Business Survey with Karla Organist, Fayette County Economic Development Director. All ayes, to discuss. Organist informed the mayor and council that the survey had been done in Elgin and Fayette was going to be next. The survey is being done county-wide to find out from businesses where Fay. Co. Ec. Development can best meet their needs.

     Moved Patrick, seconded Nefzger, to introduce and discuss Resolution 2015-18: Adopting a City Building Use Policy for the City of Fayette. All ayes to discuss. Mayor Wenthe explained this policy was drafted by Dennis and him in response to a situation on the Friday night of Watermelon Days. Fire Chief Jason Rohde wouldn’t let the Watermelon Day Committee members use the fire station or the tables and chairs stored in the fire station for the annual dinner, although Committee Co-Leader Bobby Jo Larson had received permission to use the fire station months before from Rohde. Dennis noted in her report that when the council accepted the proposal from David Bolger to use funds from the sale of the Rexam property to pay for the new fire station in October 2007, it was approved with the condition that the fire station would be used for community events and meetings. Also, when Upper Iowa University was replacing some of their old tables and chairs with new ones several years ago, they said they would give them to the city with the stipulation that the tables and chairs could be used by the community for events. After some discussion about the wording for the policy, McGrane suggested that Library Director Adams be given a chance to review the policy, so the resolution was tabled. Mayor Wenthe then said, “We are a community and we should work in a cooperative manner whenever possible. Remember that you may come to me or the five council members if there is an issue and that not just one person has the final say for the use of a public building”. Wenthe thanked Bobby Jo Larson for her work on Watermelon Days and asked her to pass that on to Linda Tenney, the other Committee Co-Leader. Wenthe said there was a good turnout for the event and he received a good report from several people. Wenthe also thanked Kris McGrane for his success with Watermelon Idol. Wenthe commended all the volunteers.

    Moved McGrane, seconded Sorensen, to discuss the letter from Larry Webb regarding the funding of the memorial for James Lee. Webb again thanked the mayor and council for allowing him to pursue the memorial for Lee.  Webb also provided a financial statement for the memorial bench project showing total donations of $2,915 and a cost of $1,995 for the bench that was purchased from Valders Stone & Marble, Inc. Mick Gage donated  the

concrete and his labor. Webb noted that the remaining $921.38 in the fund raising account would be used for lighting the memorial to be installed during the construction of the proposed larger Veterans Memorial. Patrick said that Webb needs to understand that the Veterans Memorial may not be done. McGrane stated that Webb should be made aware, as a courtesy, that things are moving slow. Moved McGrane, seconded Boberg, to approve the letter financial report from Larry Webb. All voted aye, carried.

     Moved Sorensen, seconded Patrick, to introduce the engineering proposals received for the Big Rock Road project. All ayes to discuss. Proposals were received from Fehr Graham, IIW Engineers and Whks Engineering. Since the proposals from IIW & Whks left out a lot of the costs associated with a city project of this size, Public Works Director Hildebrand suggested to Patrick to go with Fehr Graham because their proposal was complete with a final engineering cost of $30,000 (per Jon Biederman) without any hidden expenses. Moved Patrick, seconded Nefzger, to approve the bid from Fehr Graham for the Big Rock Road Project. All ayes, carried.

     Moved Sorensen, seconded Boberg, to introduce for discussion the parking on West Water Street. All ayes to discuss. Boberg said a citizen brought to his attention that the grain trucks don’t have room to pass when there are vehicles parked on both sides of the street, so they have to stop and let others go by before they can get through. Patrick said this was discussed last year and he isn’t convinced that we need to take a whole side of the street from parking. Boberg said it’s a main artery in and out of town. Dennis noted that it was the designated truck route in and out of town. Karla Organist said she is the Transportation Planner for our area and she would send Dennis some reports from the DOT showing the traffic count in Fayette and how far someone should park from a corner. McGrane said he talked to some of the renters last year where some of the cluster parking was happening and directed them to use the Open Air Market area. Dennis noted that November 1 to March 31 no one is allowed to park on the streets over night. There was no further discussion on the matter.

     Moved Sorensen, seconded McGrane, to introduce and approve the second reading of Ordinance 488: Rescinding Ordinance 487, allowing lien exemption notices and adding that the landlord must provide the mailing address and phone number for their tenants. On roll call, all voted aye, carried.

     Moved Patrick, seconded Boberg, to introduce and approve the second reading of Ordinance 489: Amending Chapters 90.10, Tapping Mains; Chapter 92.09, Customer Deposits; Chapter 92.10, Temporary Vacancy and adding Chapter 99.16, Customer Deposits for sewer, landfill, recycling, yard waste and storm water drainage utility service. On roll call, all ayes, carried.

     Moved Boberg, seconded Patrick, to discuss the letter to Sierra Fox regarding her training agreement payback. All ayes to discuss. Mayor Wenthe said an attorney for Fox called him and proposed a 24-month payback of the $7,199 due with 5 percent interest with a co-signer. Patrick said, “I don’t think we’re in the business of being a bank, she can get a loan.” He added, “It’s stated very clearly in the contract, several times, so it shouldn’t have been a surprise to anybody.” Everyone agreed with Patrick. Mayor Wenthe will convey this to Foxes attorney.

     There being no further business, moved Nefzger, to adjourn at 8:17 pm.         

Regular Council Meeting

September 8, 2015

    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Tuesday, September 8, 2015, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members McGrane, Patrick, Sorensen. Absent: Nefzger and Boberg.

     Prior to this meeting, at 7:20 p.m., Mayor Wenthe swore in Benjamin Davis as a temporary certified patrol officer for the police department.  

     Moved Sorensen, seconded Patrick, to approve the consent agenda consisting of the regular meeting minutes of 08/17/15, Claims List of 08/18/15 – 09/08/15 and two change orders for Blazek Construction on the sewer lagoon project for an increase of $30,840. On roll call, all voted aye, carried.

     Under communications from the public, Admin/Clerk Dennis mentioned that Darwin Vandersee, 509 Mechanic, complained about the parking on Mechanic Street in front of his property. Patrick said it was voted on by the council with all five members present to leave the parking as it is. Dennis said that Vandersee also complained about the drainage in that area. Jerry Hildebrand said when the condominiums were constructed that drain tile was placed on the west side of the street and roof drainage is directed to the holding tanks behind the condos, so water drainage is actually better now than it was before the condos were built.      

   Moved Sorensen, seconded McGrane, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe said the police chief search committee interviewed five applicants over Zoom and have narrowed the field down to four candidates. He added that they are planning to have a meet & greet gathering at the Opera House, if it’s available, on Tuesday, Sept. 15th from 6 p.m. to 8 p.m. to meet the candidates.

     Administrator/Clerk Dennis reported that Big Rock Country Club has paid off their city loan and that the American Legion only has $265 remaining to pay. ~ James Krivachek installed the new GIS program on the Clerk’s computer and the Public Works computer and she has already used the program. PWD Hildebrand needs to review the data to see what corrections are needed. ~ Sept. 3rd Dennis released the insurance funds retained for 701 S. Main Street since the demolition project for Connie Conner is completed. ~ Helping Services of NE Iowa is ending their lease with the city for the office space at #9 S. Main Street. They are moving to a smaller office space at 112 S. Main Street.

     Moved Patrick, seconded McGrane, to discuss the agreement between Sierra Fox and the City regarding the payback of her police training expenses. All ayes to discuss. Dennis said she mailed a letter to Fox on August 19, 2015 informing her that she owes $7,199.67 and it was supposed to be paid by August 30, 2015 (sixty days from the date she resigned, as stated in the agreement that Fox signed). Dennis said she also e-mailed the agreement to Fox on August 19th, but hasn’t received an acknowledgement from Fox for either and hasn’t received any payment. It was a consensus that Dennis should mail the letter again by certified mail with a note to Fox stating she has until September 18th to pay what she owes or we will be turning the matter over to our attorney.

     Moved McGrane, seconded Sorensen, to introduce for discussion the application for demolition incentive for 103 Jones Street from Jim & Carla Mitchell. Dennis said the start date is Sept. 14th, 2015 and the completion date is October 10th, 2015. A bid of $5,000 was submitted with the application from L&E Construction (Jason Rohde) for the demolition. All voted aye to approve the application with the completion date of October 10, 2015 and the city program paying 50% of the $5,000 ($2,500), carried.      

     Moved Patrick, seconded McGrane, to approve Resolution #2015-16: Annual Street Financial Report for FY2015, showing total income of $224,551 and total expenses of $136,622, with an ending balance of $403,157 on June 30, 2015. On roll call, all voted aye, carried.

     Moved McGrane, seconded Sorensen, to introduce for discussion Resolution 2015-17: Local Match for a hazard Mitigation Grant Program for two warning sirens. Mayor Wenthe said Jason Rohde, Fayette Fire Chief, contacted the siren company and they came up with a couple of other locations for the sirens. The Mayor, Rohde, Hildebrand and Dennis will meet Thursday to decide on the new location for the best coverage for the town. Dennis has been working on the program application with IHSEMD since 2011. There was some funding available, but that ran out. The entire project cost is estimated to be $44,006, but FEMA only has $39,024 available right now and won’t have any again until a Presidential Disaster is declared for Fayette County or more funds are de-obligated. FEMA pays 75% of the funds available and IHSEMD pays 10% of the project cost, leaving the city to come up with $10,336. Dennis said there is $2,620 available in our Emergency Management fund and the mayor said the remainder could come from the Fire Department (approx. $1,900) and the police department budget ($5,800). Moved Sorensen, seconded McGrane, to approve the resolution committing the local match for the sirens project. On roll call, all ayes, carried.

     Moved Patrick, seconded McGrane, to introduce for discussion the first reading of Ordinance 488: Rescinding Ordinance 487, reinstating Lien Exemptions, and adding language to the ordinance for a mailing address and phone number from a landlord and that a rental unit must have a separate curb stop in the city right-of-way, as already required in Chapter 90.10 of the City Code, for a lien exemption notice to be accepted by the city. Dennis said there are several buildings and houses with rental units in Fayette that don’t have separate outside shut-offs and this is needed so the city can have immediate access to shut off water for unpaid bills if a landlord files a lien exemption. Moved Patrick, seconded Sorensen, to approve the first reading of Ordinance 488, on roll call, all ayes, carried.

     Moved McGrane, seconded Sorensen, to introduce for discussion the first reading of Ordinance 489: Amending Chapters 90.10, Tapping Mains; Chapter 92.09, Customer Deposits; Chapter 92.10, Temporary Vacancy and adding Chapter 99.16, Customer Deposits for sewer, landfill, recycling, yard waste and storm water drainage utility service. All ayes to discuss. Dennis said Fayette’s City Code needed to be revised to meet requirements by the State Code. Instead of having the same deposit for all rental properties, the deposit needs to be based on the usual cost of ninety days of water service and the other services billed by the city. The new language explains how the deposits will be figured. McGrane suggested that a clause be added explaining how the Clerk would figure a deposit if there is no past history. Dennis said Attorney Hanson suggested a paragraph for that (the average usual cost for all residents) so she will include that for the second reading. Moved McGrane, seconded Sorensen, to approve the first reading of Ordinance 489 with the addition of the third section. On roll call, all ayes, carried.

     Moved Sorensen, seconded McGrane, to introduce for discussion curb stops (water shut-offs) that need repairing by property owners. Jerry Hildebrand said when he was locating all of the curb stops in town for GIS mapping, he found there are 42 that aren’t working. He said our city code states it is the property owners responsibility to have a working curb stop and in case of an emergency we need to be able to shut off the water to a property. It was a consensus of the council that Dennis & Hildebrand draft a letter to property owners explaining why their curb stops need to be repaired.

     There being no further business, moved Sorensen, unanimous, to adjourn at 8:21 p.m.

REGULAR COUNCIL MEETING

August 17, 2015

    

     The City Council of the City of Fayette, Iowa, met Monday, August 17, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Moved McGrane, seconded Nefzger, to approve the consent agenda consisting of the regular meeting minutes of 08/05/15, Claims List of 08/04–17/15, July 2015 Treasurer’s/Clerk’s Report and Budgetary Report and renewal of liquor license for Boike’s Trailside Inn Cafe. Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of July 31, 2015: General $215,874.76; Streets $384,126.23; Debt Service $6,175.35; Water Utility $206,924.01; Water T&A $20,228.71; Sewer Utility $390,025.22; CDBG Sewer ($577,820.21); Landfill/Recycling ($2,062.56); Yard Waste $7,854.37; Bolger Fund $147,718.73; TIF $56,098.47; Local Option Sales Tax $16,737.16; Downtown Project ($14,227.46); Franchise Fees $16,160.87. July receipts by Fund: General $15,513.36; Streets $13,920.88; Debt Service $1,021.71; Water Utility $52,475.48; Water T&A $1,575; Sewer Utility $98,900.56; CDBG Sewer $78,148; Lf/Recycling $13,315.53; Yard Waste $2,627; Bolger $2,886; TIF $12.96; Local Option $16,737.16; Downtown Project $2,000; Franchise Fees $847.02. Total Receipts $299,980.66. July Disbursements by Fund: General $31,922.63; Streets $20,952.10; Water Utility $7,685.33; Water T&A $552.95; Sewer Utility $22,697.47; Sewer CDBG $382,333.68; LF/Recy $14,957.71; Bolger $2,000. Total Disbursements: $483,101.87. Investments: $1,309,878.98. Bank Balance $2,183,692.63. Balance with Library Funds $2,276,026.89.

     Under communications from the public, Connie Conner, 701 S. Main, was present and asked the council for another extension for the demolition of her house that burned last winter. Conner said her contractor, Jason Rohde, has had three breakdowns on his equipment. It was a consensus of the mayor & council to give Conner & Rohde an extension until August 31, 2015 to have the demolition completed and all of the junk on the property removed. They also voided a fine that had been assessed Monday for Conner.

     Moved Patrick, seconded Nefzger, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe reported he had received 36 applications for the police chief position. He said the search committee would be meeting next week to review the applications. ~ The mayor also said he held a vicious dog hearing on Aug. 12th, and said there was non-sufficient evidence to determine the terrier dog as vicious.  

     Administrator/Clerk Dennis reported that she attended the dedication ceremony at Grandview Cemetery on Aug. 12th of the new grave stone for Pvt. Levi Henry Raesly, a civil war veteran. ~ The bid opening for the city’s 1946 212 Caterpillar Motor Grader was held at noon on this date, Aug. 17th, with five bids being received. The high bid came from Doug Egeland, Ossian, for $2,850. ~ On Aug. 14th, I mailed requests for bids/proposals for engineering services for the Big Rock Road Project with a deadline of Sept. 11th, since we haven’t heard back from the County Engineer about doing a joint project.

     Moved Boberg, seconded McGrane, to introduce the ambulance service meeting minutes of Aug. 10, 2015. The ambulance service has ordered a FERNO power cot and an extra holding fastener, so the cot can be interchangeable between the two ambulance vehicles, at a cost of $37,000. The service is using their fund raising revenue to pay for the cot and accessories. Several questions came up about some items in the meeting minutes, so Dennis said she would talk to Crew Chief Roger Post, and report back with the answers. All voted aye to approve the meeting minutes, carried.

     Moved Sorensen, seconded Boberg, to discuss the agenda item regarding the pay back from Sierra Fox for her Police Training Agreement that she signed with the city. All ayes to discuss.

The Agreement states that Fox is required to repay the city for the cost of her 14-week certification training if she leaves the City’s employ before four years of full-time employment. The actual cost of the training and salary with benefits paid for that 14 weeks totaled $15,935. Fox was employed by the City for approximately two years and four months. The agreement states that reimbursement on a prorated scale is required within 60 days of separation. Because Fox voluntarily left and took employment with the West Union Police Department after two years, but before three years had been completed, 50 percent of the total must be repaid, or $7,339 after deducting the value of Sierra’s vacation time upon her resignation June 30, 2015 and two paychecks from working for the city as a reserve in July & August 2015. Dennis said she inquired with the City of West Union if they wanted to buy out the contract for Fox, but they didn’t. Wenthe said Fox is aware of the amount she owes to the city because she mentioned it to him before she resigned. Patrick said it’s not the city’s responsibility to carry the debt because it’s clearly stated twice in the agreement that it must be paid within 60 days of resignation. Sorensen agreed that Fox should pay the outstanding amount to the city within 60 days. Moved Sorensen, seconded Boberg, that Mayor Wenthe draft a letter to Sierra Fox informing her that she is to repay the city what she owes by August 30, 2015. All ayes, carried.

     Moved McGrane, seconded Nefzger, to introduce the application for a demolition incentive from Jim & Carla Mitchell for 103 Jones Street. Dennis said she hasn’t received the written cost estimate from a contractor, as the application requires. It was a consensus of the council to table the matter until Mitchell submits a contractor cost proposal for the demolition.  

  There being no further business, moved Nefzger, to adjourn at 8:09 pm.          

REGULAR COUNCIL MEETING

July 20, 2015

    

     The City Council of the City of Fayette, Iowa, met Monday, July 20, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Boberg, Patrick, McGrane, Nefzger. Absent: Sorensen.

     Moved Patrick, seconded Nefzger, to approve the consent agenda consisting of the regular meeting minutes of 07/06/15, Claims List of 07/07–20/15, June 2015 Treasurer’s/Clerk’s Report and Budgetary Report . Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of June 30, 2015: General $232,284.03; Streets $391,157.45; Debt Service $5,153.64; Water Utility $162,133.86; Water T&A $19,206.66; Sewer Utility $313,822.13; CDBG Sewer ($273,634.53); Landfill/Recycling ($420.38); Yard Waste $5,227.37; Bolger Fund $232,853.05; TIF $56,085.51; CDBG Façade Grant ($86,020.32); Downtown Project ($16,227.46); Franchise Fees $15,313.85. June receipts by Fund: General $28,632.77; Streets $15,062.52; Debt Service $2,194.70; Water Utility $1,977.30; Water T&A $2,925; Sewer Utility $2,731.57; CDBG Sewer $549,385; Lf/Recycling $557.70; Yard Waste $112; Bolger $1,615; TIF $63.46; Local Option $8,368.57. Total Receipts $613,625.59. June Disbursements by Fund: General $86,258.66; Streets $9,650.79; Water Utility $26,088.84; Water T&A $3,793.93; Sewer Utility $28,215.74; Sewer CDBG $122,484.56; LF/Recy $21; Bolger $750; TIF $675; Downtown Project $329.85. Total Disbursements: $278,268.37. Investments: $1,313,574.78. Bank Balance $2,370,509.64. Balance with Library Funds $2,451,053.41.

     Moved Nefzger, to approve the agenda as presented. McGrane asked that a closed session on real estate be added under new business, and Boberg asked that viewing of the drawings for the proposed veteran’s memorial also be added under new business. Moved Boberg, seconded McGrane to amend to approve the agenda with these additions. All ayes, carried.

     Mayor Wenthe reported that the police chief position is being advertised again and he has received ten resumes with three of them being from previous applicants. The deadline for this round is August 10, 2015. ~ Wenthe also informed the council that he and Public Works Director, Jerry Hildebrand, visited with Al Miller, Fayette County Engineer, on July 16th, about doing a cost share project on Big Rock Road with the county doing the engineering. Miller said he would speak to the county supervisors about this and get back to them. ~ Wenthe said he and Nefzger spoke to Gary Goodell, 101 King Street, and gave him a written document stating that he needed to be off the property by July 31, 2015 and Gary signed the document.

     Administrator/Clerk Dennis reported that Dan Boberg & Gayle Klimesh purchased some perennial plants and planted them around the flag pole with help from Nancy Wulfekuhle. ~ Dennis said she met Patrick Lyons, the new owner of Blessing Industries, on July 8th, with Karla Organist, Fayette Co. Ec. Dev. Director. Lyons said he would be changing the name of all the Blessings locations and his business in Vinton, Ideal Industries, to a new name in three or four months. ~ D & D Plumbing, Electric & Heating installed the new furnace in City Hall for their proposed bid of $1,600. Dennis said she submitted a rebate application to Black Hills Energy for $400 for the new furnace. ~ July 9th Casey Mai, UERPC, and & worked with Dan Narber, IEDA, on audit for our CDBG program sewer grant and everything is in order. The sewer project should be complete by the deadline, July 31st. The sludge removal will be in the fall.  

     Moved Boberg, seconded McGrane, to introduce for discussion signs for Klock’s Island Park regarding the e-mail that Jerry Hildebrand received from the IDOT. All ayes to discuss. The IDOT did a field study of our park and noted that it meets the criteria for placement of four free Supplemental Recreational Symbol Signs to be attached to our existing Klock’s Island Park signs along Hwy. 93. McGrane said he thought we should get the free signage to help advertise our nice park. Dennis informed the council that there were 42 camping trailers in the park over the July 4th weekend. The IDOT technician also explained the requirements to place signs along Hwy. 150. Moved Patrick, seconded McGrane, to explore putting as many signs on our existing Klock’s Island signs on Hwy. 93 allowed by the IDOT and explore the possibilities of signage on Hwy. 150. All ayes, carried.            

     Moved McGrane, seconded Boberg, to introduce continuing the discussion on the requirements/inspections of rental properties. All ayes, carried. Patrick said after the work session with the landlords there hadn’t been anymore discussion so he wanted to know if the council was going to drop the subject or decide if we want to proceed. Patrick added that the proposed ordinance would need a lot of revisions after hearing what the landlords had to say. It was decided to have a council work session at 6:00 p.m. before the August 3rd council meeting to continue the discussion and review the ordinance.          

     Moved Patrick, seconded Nefzger, to introduce the status of the Personnel Committee meeting to begin examining the recommendation by the Finance Committee to change the health benefit payout for employees not participating in single or family health insurance. All ayes, to discuss. Mayor Wenthe explained that the subject was approved by the council during budget planning time, but then he consulted the Iowa League of Cities and was told that a personnel matter of this nature should be reviewed by the Personnel Committee and then a recommendation be made to the full council. Patrick said he would prepare a data sheet for the meeting, but there are bigger philosophical issues to deal with because of the length of service of several of the employees. Nefzger said she would let Admin/Clerk Dennis know when to post the meeting notice after Patrick finishes with the data.

     Moved McGrane, seconded Boberg, to approve the Library Board meeting minutes of 6-10-15. All ayes, carried.

   Moved Nefzger, seconded Boberg, to introduce for discussion the subject of staggered terms for council members. All ayes to discuss. Admin/Clerk Dennis had consulted Fayette County Auditor Lori Moellers about the procedure. The present two year terms would have to be changed to four year terms by petition with at least 26 signatures, then with council approval the matter would be on the November 3rd election ballot as a public measure.

The three people elected with the highest number of votes would have four year terms and the bottom two people would have two year terms, which would start the staggered terms. All council members elected in the November 2017 election would start staggered four year terms effective January 2018. No decision was made and the council has until the September 8th meeting to decide what they want to do on the subject.

   Moved Boberg, seconded Nefzger, to approve Resolution 2015-14: Setting a public hearing for the sale of the city property located at 104 King Street, Fayette, to Northeast Iowa Community Action Corporation. Three voted aye, Patrick nay, motion carried.

     Moved McGrane, seconded Nefzger, to discuss the drawings for the proposed veterans memorial in the open air market park. All ayes. Boberg presented preliminary drawings of the memorial that were prepared by Brian Gage, son of Mick Gage at no charge. Boberg suggested that the black granite veteran’s memorial at City Hall be moved to the new location in the center back area. He added that brick pavers, that could be engraved, would form a path from a concrete parking area for handicapped parking and then more pavers would be laid over concrete and the pavers would be sold to help pay for the memorial.   An eagle on a stand would be centered at the front of the memorial and two flags would be in the background. Boberg said Mick Gage said he would furnish the concrete and level the area where the bricks would go. He added that all these items need to be discussed with a larger committee. Mayor Wenthe said the council needs to approve the final plans, moving the existing memorial, know what the entire project is going to cost and how the funds will be raised before the project can proceed.

     Moved Patrick, seconded McGrane, to approve the location for the James Lee Memorial based on Boberg’s involvement and Public Works Director Hildebrand. All ayes, carried.

     Moved McGrane, seconded Nefzger, to go into closed session at 8:27 p.m. on a real estate matter as allowed under Iowa Code Chapter 21.5(1)j. All voted aye to go into closed session, carried.

     The council came out of closed session at 9:16 p.m.                               

  There being no further business, moved Nefzger, to adjourn at 9:16 pm.   

Regular Council Meeting

August 3, 2015    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Monday, August 3, 2015, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Prior to this meeting, at 6:00 p.m., the mayor & council held a work session to further discuss the housing inspection draft ordinance. More research is needed.  

     Moved Sorensen, seconded McGrane, to approve the consent agenda consisting of the regular meeting minutes of 07/20/15, Claims List of 07/21/15 – 08/03/15 and the FY 2015 Annual Outstanding Obligation Report showing total debt of $399,980. On roll call, all voted aye, carried.

   Moved Patrick, seconded Boberg, to approve the agenda as presented. All ayes, carried.

     This being the time and place set for a public hearing on a proposal to sell city owned property, Mayor Wenthe opened the public hearing by reading the following: Proposal to sell the city property at 104 King Street, Fayette, for $1.00 with the following stipulations: That a new energy-star home be constructed on the property and sold to a low to moderate income family with the management handled through Northeast Iowa Community Action Corporation (NEICA). Mayor Wenthe asked for comments, there being none he closed the public hearing.

     Moved Nefzger, seconded Boberg, to approve Resolution #2015-15: Approving the sale of the city property located at 104 King Street, (Legal Lot Four (4), Block sixteen (16), Original Town of Fayette, Fayette County, Iowa), and directing Mayor Wenthe and City Administrator/Clerk Dennis to execute a Warranty Deed to Northeast Iowa Community Action Corporation after payment of $1.00 for the property to the City, with the following stipulations: That a new energy-star home be constructed on the property and sold to a low-to-moderate income family with the management handled through NEICA. On roll call, all voted aye, carried.    

     Mayor Wenthe said he has received 30 applications for Police Chief, with only a few of them being repeat applicants. The deadline for applications is August 10, 2015, so the search committee will meet after that to go through resumes. Patrick asked if the second officer position was also going to be filled. Nefzger, who serves on the committee, said the group thought the new police chief should have input into the hiring of the officer. ~ The mayor noted that he sent out a nuisance abatement letter to the owners of 701 S. Main giving them a deadline to remove their junk and have the demolition of the burned house completed by August 15, 2015. Fines will start August 16, 2015 with an initial fine of $200, then $100 a day until the lot is cleared. ~ The mayor mentioned that Upper Iowa University is hosting a new student event that is part of orientation called Explore Fayette day on Saturday, August 22nd, for UIU students to visit the Fayette businesses.

   Administrator/Clerk Dennis reported that the first day to file nomination papers for mayor or city council is Monday, August 24th. The last day to file is Thursday, September 17th. All nomination papers must be filed with the Fayette County Auditor’s office at the court house in West Union, not with the City Clerk. Nomination forms may be picked up at the City Clerk’s office, or obtained by going on-line to www.sos.state.ia.us. A minimum of ten signatures by eligible Fayette voters are needed on the nomination petition for each candidate. ~ Dennis said she received a check from the city’s flood insurance company in the amount of $18,278.53 for flooding that occurred at the sewer plant on June 19, 2014, after appealing the claim denial three times. The total cost of the flooding and a lighting strike to the #2 well pump last year was $57,097.13.   After insurance, State & FEMA payments, it ended up only costing the city around $1,100 because the city employees are on salary. The money paid by the State and FEMA for the clean-up done at the parks and the sewer plant by the public works employees and the administrative time by Dennis was covered through their salaries. The city was also paid for the use of city equipment doing the clean-up. The employees just worked harder to get everything taken care of.    

     There being no further business, moved Nefzger, unanimous, to adjourn at 7:42 p.m.

Regular CouncilMeeting

July 6,2015

The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p. m. on Monday, July6,2015,MayorAndrewWenthepresiding.

Rollcall:Present-CouncilmembersBoberg,McGrane,Nefzger,Patrick,Sorensen.

Moved Patrick, seconded McGrane, to approve the consent agenda consisting of the regularmeetingminutesof06/15/15andClaimsListof06/16/15—07/06/15.Onrollcall,allvotedaye,carried.

Moved Sorensen, seconded McGrane, to approve the agenda as presented. All ayes,carried.

UponMayorWenthe'srequest,moved Patrick,secondedMcGrane,to approveDianeMohstotheLibraryBoard to fill the vacancy of Jennifer Biederman, with her term ending June 30, 2016. All ayes, carried.Also,movedMcGrane,secondedNefzger,toapprovetheappointmentofJosemDiazandAustinFranzentotheFire Department, pending a physical exam and insurance check. All ayes,carried.

Mayor Wenthe noted that Ideal Industries from Vinton, Iowa, purchased Blessing Industries andtookpossession on June 30, 2015. Patrick Lyons is the President and CEO of Ideal Industries. They will continueto use the name, Blessing IndustriesInc.

Mayor Wenthe said Sierra Fox submitted her resignation effective June 30, 2015 as she went to workfortheCityofWestUnion.HeaddedthattheywouldprobablyopenupthesearchagainforaPoliceChiefsince the other two candidates they interviewed didn't work out. For now, Sierra Fox and ChuckRodas(reserveofficer)areworkingseveraldays/nightsinJulyandthepublicmayalwayscalltheFayetteCountySheriff’sdispatch.

Boberg asked the Mayor for an update on the property the city acquired at 101 King Street.MayorWenthesaidhewastryingtofindaplaceforGoodelltolivebecausehedidn'twanttomakesomeonehomeless. Boberg said Goodell is still taking stuff to the property. Wenthe said he gave Goodell a deadlineofJune20,2015tocleanupthepropertysohewouldtalktohimagain.NefzgersaidshecouldgowithWenthetovisitwithGoodellthisweek.

Administrator/ClerkDennisreportedthatthemodificationfactorwentdownforthecityforourworker'scompensation premium. The reason for the reduction of $12,673 from last year is because the largeclaimfrom police officer Matt Walker from June 2011 finally went off our record. - Municipal Pipe ToolCompanyfinished cleaning and televising the sewer mains in half the town on June 30th. I received several callsaboutsplash back through toilets or basement floor drains. Splash back is usually caused because the vent pipe to the building is either clogged or too short. I received many calls about the increase on city utility bills from citizens.   - Floyd Alber gave a donation in the amount of $2,000 on July 2nd. Moved Nefzger, seconded Sorensen, to use this donation, and the previous donation of $500 from Mr. Alber, toward beautificationforthe downtown project that is planned for 2016. All ayes, carried. - Dennis handed out the Fire Dept.report(11-19-14 thru 6-02-15) showing the number of fire calls at 18 and there were 15 meetings/practices.ChiefJasonRohdeorderedthenewbrushtruckonJune12thfromWilburFordanditwillbedeliveredbeforeSeptember1st.

Moved Patrick, seconded McGrane, to introduce and approve Resolution 2015-1 3: StreetPatchingPolicy. Public Works Director, Jerry Hildebrand, explained that usually the city hires a paving company todoall street patching including areas that were excavated by contractors for private property ownersreplacingservicelines.He addedthatthecityneedsthispolicytopreventpropertyownersfromrequestingtodoorhirethisworkdonethemselves.Onrollcall,allayestoapprove thepolicythatthecityhasallstreetpatchingdone,carried.

Moved McGrane, seconded Boberg, to introduce Ordinance 487: Amending Chapter 92.07LienExemption. Dennis explained that several landlords have submitted waivers to not be responsible forunpaidcity utility bills from their tenants. She added that sometimes the $225 city utility deposit doesn’talwayscover the entire bill and we don’t always know when tenants move in or out. Dennis said she consultedwiththe Director of the Iowa League of Cities and Attorney Jerem White about changing the wording of ourcitycodesolandlordscan'tbeexemptfrompayingtheirtenantsunpaidbillsandtheysaidwecanchangeitsothey are responsible. Patrick asked that the first line and a half of Section 1 be deleted to the comma, sotheordinance reads, "The Fayette City Council approves to amend Chapter 92 by changing the wordinginSection92.07,LienExemption,soalandlordmaynothavealienexemptionforunpaidcityutilitybillsbyhis/her tenant(s). The property owner shall be responsible for all unpaid city bills that go with theirproperty.” DennissaidshewouldcheckwithAttorneyWhitewhetherthecityhastohonorthewaiversthathavealreadybeen received. ”Note 7-7-15: Attorney White said we do have to honor them. Moved Nefzger,secondedBoberg, to approve the first reading of Ordinance 487, as amended. On roll call, all ayes, carried.MovedBoberg, seconded Nefzger, to waive the second and third readings of Ordinance 487. On roll call,Nefzger,Boberg, Sorensen ayes, McGrane & Patrick nays, and motion carried. Ordinance 487 approved. Dennis saidshewouldnotifythetwolandlordswhohavesubmittedwaivers.

Moved McGrane, seconded Nefzger, to approve the FY2015 ending balance and budgettransfers.DennisexplainedthatthebudgettransferswereapprovedbythecouncilwhenthebudgetwaspassedinMarch, but for audit purposes we need council approval again. All ayes to approve the transfers,carried.

Undernewbusiness,Nefzgersaidshewouldliketoseethecounciltermsstaggeredtoavoidtheriskofhaving five new council members at one time. Dennis said she would talk to Fayette County Auditor,LoriMoellers,aboutthis.

Patrick gave a verbal report about the Street Committee meeting that was held before thiscouncilmeeting. He said regarding an engineer for Big Rock Road that PWD Hildebrand and Mayor Wenthe willgospeak with the county engineer and ask if the county would like to do a joint project and do a cost shareforthe county to do the engineering. He added that the county is responsible for Big Rock Road from theeastedgeofoursewerlagoonsontoBigRockCountryClub.Patricksaiditwasdecidedtoputupthe1946Caterpillar motor grader up for sale since it is no longer used. Moved Sorensen, seconded Boberg,toapprove the verbal street committee meeting minutes. All ayes,carried.

Moved Patrick, seconded Sorensen, to approve the agreement with Upper ExplorerlandRegionalPlanning Commission to re-write the CDBG program applications for water/sewer and CommunityFacilitiesforstormseweranddotheenvironmentalassessmentforatotalcostof $61,000forthedowntownproject.Allayes,carried.

Therebeingnofurtherbusiness, movedNefzger,unanimous,toadjournat8:20p.m.

REGULAR COUNCIL MEETING

                                                                     June 15, 2015    

     The City Council of the City of Fayette, Iowa, met Monday, June 15, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Pro-Tem Patty Nefzger presiding.

     Roll call: Present - Council members Boberg, Patrick, Sorensen, McGrane, Nefzger.

     Moved Boberg, seconded Sorensen, to approve the consent agenda consisting of the regular meeting minutes of 06/01/15, Claims List of 06/02–15/15, May 2015 Treasurer’s/Clerk’s Report and Budgetary Report . Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of May 31, 2015: General $294,258.38; Streets $303,732.14; Debt Service $2,958.94; Water Utility $186,245.40; Water T&A $20,075.59; Sewer Utility $339,306.30; CDBG Sewer ($700,534.97); Landfill/Recycling ($957.08); Yard Waste $10,115.37; Bolger Fund $195,436.60; TIF $62,106.31; Local Option Tax $95,438.74; CDBG Façade Grant ($86,020.32); Downtown Project ($15,897.61); Franchise Fees $15,313.85. May receipts by Fund: General $36,992.80; Streets $6,305.50; Debt Service $769.68; Water Utility $3,905.50; Water T&A $500; Sewer Utility $5,200.30; CDBG Sewer $28,750; Lf/Recycling $1,208.80; Yard Waste $248; Bolger $297; TIF $404.67; Local Option $7,584.02; Franchise Fees $3,955.78. Total Receipts $96,122.05. May Disbursements by Fund: General $23,564.56; Streets $3,922.74; Water Utility $15,091.55; Water T&A $1,597.92; Sewer Utility $1,865.64; Sewer CDBG $253,542.42; Yard Waste $5,050.96; Bolger $3,400; TIF $880; Downtown Project $13,600.79. Total Disbursements: $322,516.58. Investments: $1,257,271.69. Bank Balance $1,978,849.33. Balance with Library Funds $2,049,244.51.

     Moved Sorensen, seconded Boberg, to approve the agenda as presented. All ayes, carried.

     This being the time and place for a public hearing on the status of the CDBG funded Fayette Wastewater Treatment Facility & Lagoon Improvements Project, Mayor Pro-Tem Nefzger opening the hearing for comment. Casey Mai, Upper Explorerland Regional Planning Commission, who is handling the administration of the project, read the following statement and a copy was provided to the city council, the press and others in attendance at this meeting:

     To comply with the citizen participation requirements of Section 508 of the Housing and Community Development Act of 1987, local government applicants and recipients must do the following:

1) Conduct at least one public hearing on the status of funded activities. The hearing on the status of funded activities must include a review of:

(a) General description of accomplishments to date:

The project is approximately 95% complete. The majority of the construction is finished, including: replacement of headworks building ventilation system, installation of low-intensity aeration equipment in cells #3 and #4 along with an aerated rock filter for cell #3, construction of an effluent recycle lift station, a disinfection system and building at the lagoon site along with installation of a standby generator for emergency operations.

(b) Summary of expenditures to date:

The latest pay estimate is current through June 9, 2015 and indicates that construction expenditures from CDBG funds are at $475,000.00 in terms of work completed with administrative expenditures at $17,150.72. Overall expenditures of all funding sources to-date are $1,526,425.06. The total construction/engineering expenditures to date are at 95% complete.

(c) General description of remaining work:

The only work on this project left remaining is to finish all punch list items that were recorded by the engineer and the City of Fayette.

(d) General description of changes made to the project budget, performance targets, activity schedules, project scope, location, objectives or beneficiaries:

Due to delays in obtaining DNR permits for the project, the final completion date for construction of the project is to be June 30,2015 with project close-out on July 31, 2015. 

     For more information on this project, feel free to contact Casey Mai, Upper Explorerland Regional Planning Commission, (563) 382-6171, ext 212.

     Casey added that the project was to have originally been done three years ago, and the delay did cause the City not to score well enough to receive a second CDBG it had applied for to help finance sewer, water and storm sewer main replacements in the downtown. Casey said Dan Narber with the Iowa Economic Development Authority will be coming to Fayette for a monitoring visit on July 6th or 9th.

   There bring no other comments, Nefzger closed the public hearing.

     Mayor Pro-Tem Nefzger reported that all council members attended the Iowa League of Cities Small Towns Workshop on June 11th at Upper Iowa University. Patrick said he found the workshop to be very worthwhile and it was interesting finding out what other towns go through. ~ Nefzger said the Police Committee is still taking some steps for filling the police chief position. She added that we should know something by the next council meeting, July 6th. Dennis handed out a report she prepared showing the hiring history of the Fayette Police Department.

     Administrator/Clerk Dennis reported that a donation of $500 had been given to the city by Floyd Alber. Dennis suggested the funds be put toward the cost of the fireworks display for Watermelon Days. Boberg said he would like to put the matter on hold for awhile, the council took no action. ~ Dennis reported there had been a complaint regarding a nuisance property on East Water Street with an old truck in the back and an old dilapidated building in the back and junk in the front of the house. Dennis also reported that she received a complaint about the junk sitting around the burned out house that is being demolished at the corner of Main & 7th Streets. The council directed Dennis to notify police officer Fox about the nuisance properties and ask her to contact the owners and then report back to Mayor Wenthe. ~ Dennis reported that the concrete work was going to start in a week or two for the James Lee memorial in the Open Air Market Park. Nefzger asked Boberg if he had the plans yet for the proposed Veterans memorial in the same park. Boberg said he is still waiting on the plans and that the fundraising would be slow. He said the Veterans memorial would probably have to be done in parts as funds are raised. Patrick asked if it was still in the plans to move the present black granite Veterans memorial by City Hall to the park and Boberg said yes it was. ~ Enclosed with the report from Dennis was an e-mail from the Iowa Director of Elections clarifying new legislation approving HF2366 which transferred all filing officer duties for a regular City Election from the city clerk to the county auditor. Candidates filing for city office must file in the Auditor’s office by the filing deadline. Objections and withdrawals are also filed with the Auditor.

     Moved Patrick, seconded Boberg, to introduce the agenda item regarding the status of the wastewater treatment project, GIS mapping, sewer main televising and general public works updates. Patrick said we just had the update on the wastewater treatment project during the public hearing. Concerning the GIS Mapping of the water shut-offs, manholes, sewer mains and storm water intakes, Public Works Director Hildebrand said 90% of the field data has been collected. He added that 30% of the map data is in GIS in each of the city’s three utilities. Dennis handed out copies of the billing invoice received today showing a detailed percentage breakdown of how much work has been done to date. Dennis commented that James Krivachek, engineer doing the GIS mapping, said this is the fastest locating he has ever done because Jerry had the curb stops flagged in advance of James coming to Fayette. The council thanked Jerry for getting this done so quickly. ~ Concerning the sewer main televising, Jerry told the council that Municipal Pipe Tool would be in town tomorrow to start jet cleaning and televising. Jerry said he hopes to have 50% of the town done this trip. ~ Jerry mentioned that the city would need to hire an engineering firm to figure out a cost to repair and asphalt Big Rock Road. He suggested having a Street Committee meeting to discuss this. The city is waiting until next spring or summer to start the work on Big Rock Road since the sludge won’t be removed from the fourth cell at the sewer lagoon until after the fall harvest this year.

     Moved Sorensen, seconded McGrane, to introduce the subject of spraying for Gnats (Black Flies). Admin/Clerk Dennis had provided the council with information that she received from Fayette County ISU Extension office. The article written by an entomologist stated that spraying for black flies to eliminate them is not practical. The article also said, “Treating breeding sites (rivers) would be difficult if not impossible”.   Dennis said she contacted the City of Oelwein, which sprays for mosquitoes, but the person in charge of that wasn’t available to give a cost estimate for them to bring in their fogger to Fayette. It was a consensus of the council that no spraying be done and that people could try using vanilla and other suggested products to keep the gnats away when they are their worst in the spring.  

     Moved Patrick, seconded McGrane, to introduce Ordinance #486. Patrick said since there wasn’t a deciding vote on the first reading of the ordinance on May 18, 2015, he was bringing it up again since he had the dissenting vote, to give the ordinance a fair chance. Moved Patrick, seconded Boberg, to approve the first reading and waive the second reading of Ordinance #486: No parking on Mechanic Street from Jay Street to Madison. On roll call, Patrick, nay; McGrane, yes; Sorensen, nay, Boberg, yes; Nefzger, nay; the ordinance failed.

     Moved Sorensen, seconded McGrane, to acknowledge receipt of the Board of Adjustment meeting minutes of June 3, 2015, where the Board approved a six foot variance to the front yard setback requirement for Roger Post to construct a porch on the front of his house at 514 Franklin Street. Also in the meeting minutes, the Board asked Dennis to ask the council to amend the City Code regarding the number of Board members needed to approve a variance request from four to three because of emergency situations. It was a consensus of the council that Dennis report to the Board that they draft an amendment for the council, but they would like to leave the number as is with exceptions for medical emergencies. All ayes, carried.

     Moved McGrane, seconded Boberg, to introduce the topic of installing directional signs along Hwy. 150, facing north and south, for Klock’s Island campground. McGrane said we have such a nice campground that we need to advertise it along the highway. He noted there are signs already on Hwy. 93. Jerry Hildebrand said he contacted the IDOT and they said they would need to do a field study at the intersection of Hwy. 150 & Hwy. 93 because there are already so many signs in that location. Hildebrand said he told the IDOT to go ahead and do the review and he added that the IDOT will pay for the signs and install them if it’s ok to have them.           

  There being no further business, moved Boberg, to adjourn at 8:29 pm.         

Regular Council Meeting

June 1, 2015

    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Monday, June 1, 2015, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane (arrived at 7:32 pm), Nefzger, Sorensen. Absent - Patrick.

     Prior to this meeting, there was a meet & greet held at Boarders Inn meeting room for the community to meet two proposed candidates for police chief.

     Moved Nefzger, seconded Boberg, to approve the consent agenda consisting of the regular meeting minutes of 05/18/15, the Claims List of 05/19/15 – 06/01/15 and the renewal of The Pumper liquor license. On roll call, all voted aye, carried.

   Moved Sorensen, seconded Nefzger, to approve the agenda as presented. All ayes, carried.

     Council member Boberg asked Mayor Wenthe what has been done about the city’s newly acquired property at 101 King Street from Gary Goodell. The mayor said he was planning to visit with Gary on June 2nd.

     Council member Sorensen said several citizens had asked him if anything can be done about the gnats in town so people can sit outside and children can play without gnats swarming around them. City Admin/Clerk Dennis said this topic had been brought up several years ago and at the time the council thought it would be cost prohibitive to spray and not environmentally friendly to do so. Mayor Wenthe asked Dennis to check with the DNR or someone with knowledge about the subject and report back to the council.

     Moved Boberg, seconded Nefzger, to introduce the two candidates for the police chief position, Robert Steinkraus from Florida (originally from Michigan) and Sigmund Sanders from Dallas, TX, UIU graduate 1992-96. Both men are interested in working in a small town. Interviews with a police panel will be tomorrow, June 2nd.

     Moved McGrane, seconded Nefzger, to introduce the matter of setting a public hearing on the status of funds for the Fayette Wastewater Treatment Plant Project for the CDBG program grant on June 15th at 7:30 p.m. in City Hall. Moved Sorensen, seconded Boberg, to set the public hearing. All ayes, carried.

     Moved Nefzger, seconded Boberg, to introduce for discussion the purchase of a new Brush Truck by the Fire Department. All ayes to discuss. Fire Chief Rohde said the old truck is a 1985 model and they are having mechanical problems with it. Rohde said he got bids on a truck and Wilbur Ford, West Union, had the low bid of $29,862.24. He added that they would be transferring some equipment from the old truck to the new truck and would be paying for the truck with Fire Dept. savings. Moved Boberg, seconded McGrane, to approve the purchase of the truck from Wilbur Ford for the price stated above. All ayes, carried.        

     Moved McGrane, seconded Boberg, to approve the Ambulance Service meeting minutes of May 6, 2015. All ayes, carried.

     Moved Nefzger, secondedMcGrane, to introduceand approve the final reading of Ordinance 485: Storm Water Drainage System Utility. A Storm Water Utility was proposed and approved with the FY 2016 Budget, where it was decided to charge $3.00 per month on everyone’s city utility bills to generate $14,000 annually. These funds would help pay for maintenance and construction of storm sewers in town. The fee will be on the September 2015 city utility bills. On roll call, all ayes, carried.      

     There being no further business, moved Nefzger, unanimous, to adjourn at 7:57 p.m.

REGULAR COUNCIL MEETING

                                            May 18, 2015    

     The City Council of the City of Fayette, Iowa, met Monday, May 18, 2015 at 7:30 p.m. in the Fayette Community Library ICN room pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Boberg, Patrick, Sorensen.

                 Absent – Council Members McGrane, Nefzger

     Prior to this meeting, there was a council work session in the Library ICN room that started at 6:00 p.m. to discuss the proposed Housing Code with Fayette landlords.    

     Moved Boberg, seconded Sorensen, to approve the consent agenda consisting of the regular meeting minutes of 05/04/15, Claims List of 05/05–18/15, April 2015 Treasurer’s/Clerk’s Report and Budgetary Report . Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of April 30, 2015: General $280,830.14; Streets $301,349.38; Debt Service $2,189.26; Water Utility $197,431.45; Water T&A $21,173.51; Sewer Utility $335,971.64; CDBG Sewer ($475,742.55); Landfill/Recycling ($2,165.88); Yard Waste $14,918.33; Bolger Fund $198,539.60; TIF $62,581.64; Local Option Tax $87,854.72; CDBG Façade Grant ($86,020.32); Downtown Project ($2,296.82); Franchise Fees $11,358.07. April receipts by Fund: General $103,959.85; Streets $9,704.05; Debt Service $2,742.91; Water Utility $38,204.12; Water T&A $675; Sewer Utility $56,667.30; Lf/Recycling $13,935.04; Yard Waste $2,805.40; Bolger $887; TIF $17,401.95; Local Option $7,584.02; Franchise Fees $2,653.39. Total Receipts $257,220.03. April Disbursements by Fund: General $33,473.40; Streets $17,171.82; Water Utility $21,200.78; Sewer Utility $8,613.05; Sewer CDBG $73,190.65; LF/Recyling $14,957.71; TIF $7,830.62. Total Disbursements: $176,438.03. Investments: $1,257,223.43. Bank Balance $2,205,195.60. Balance with Library Funds $2,276,614.30.

     Moved Patrick, seconded Boberg, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe reported that the police search committee met. They will be doing a video conference with 7 candidates Wednesday & Thursday, then have a face to face prior to the end of May, hoping to have someone hired by the end of the month.

     Report from City Administrator/Clerk Dennis stated Fayette’s Open Air Market would open for the season on June 3, 2015. Hours are from 3:30 p.m. to 5:30 p.m. each Wednesday until October.      

     Moved Patrick, seconded Boberg, to introduce and approve the second reading of Ordinance #485: Establishing a Storm Water Drainage System Utility. On roll call, all voted aye. Carried.

     Moved Boberg, seconded Patrick, to discuss the parking lot by the condominiums on the north end. All ayes to discuss. After much discussion, it was decided to table until the issue of a parking lot is resolved.

     Moved Boberg, seconded Patrick to introduce and approve the first reading of Ordinance #486: No parking on Mechanic Street from Jay Street to Madison. On roll call, Boberg, yes; Patrick, no; Sorensen abstained.

     Boberg gave a report on the progress of the new Veteran’s Memorial. An outline has been placed at the open air market area where they would like to have it. There will have to be some fundraising done in order to complete the project, such as selling bricks. The council would like to see a projected cost of the proposed project.

     Motion Boberg, second Patrick to accept the bid from D&D Plumbing & heating for $1,600.00. All ayes, motion carried.

  There being no further business, moved Sorensen, to adjourn at 8:20

Regular Council Meeting

                                                                           May 4, 2015    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Monday, May 4, 2015, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Moved Boberg, seconded McGrane, to approve the consent agenda consisting of the regular meeting minutes of 04/20/15, the Claims List of 04/21/15 – 05/04/15 and the renewal of Aramark’s liquor license at UIU. On roll call, all voted aye, carried.

   Moved Patrick, seconded Sorensen, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe said the university is planning “Explore Fayette Day 2015” on August 22nd, starting at 3:15 p.m., as a way to acclimate new students to the businesses and services in Fayette and for Fayette to promote their businesses to incoming students. Christie sent a message to the businesses in Fayette to see how many wanted to participate. More information to follow.

     Admin/Clerk Dennis reported that Public Works Director, Jerry Hildebrand, has started marking the water shut-off valves and valves to the city mains with flags for GIS mapping. Midwest Geographical Services was in town Friday, May 1st, and started the mapping. ~ Cardinal Park is being quite a bit this spring by several different groups, so Dennis said she made up a schedule for use of the ball fields.

     Moved McGrane, seconded Patrick, to introduce the first reading of Ordinance 484: Housing Code. All ayes to discuss. McGrane said he would like to see this ordinance go out to the landlords in town to get their input at a meeting or via e-mail. Lori Brockway, UERPC, said that they wouldn’t be inspecting to meet the National Electric Code, just the Housing Quality Standards. After a lengthy discussion about costs, re-inspection, and various items, moved Sorensen, seconded Nefzger to table. All ayes to table. A council work session was scheduled for May 18th, at 6:00 p.m., before the council meeting and Dennis was asked to send the details to the Fayette landlords so they could attend the meeting.

     Moved McGrane, seconded Sorensen, to introduce for consideration to sell the city lot at 215 S. Main Street. Patrick said he asked for this to be put on the agenda so we don’t forget about the vacant lots the city owns. Admin/Clerk Dennis said in the past we’ve used the vacant lots on Main Street as incentives for new construction, which is where the new funeral home is located and ISU Extension is located. Dennis was asked to post the two properties on the city web site as incentives for new business development.

     Moved Patrick, seconded McGrane, to introduce for consideration to proceed or not with the Downtown Project design since the city wasn’t awarded grants from the CDBG program applications that were submitted for water/sewer and storm sewer. All ayes to discuss. Dennis explained the e-mail from Dan Hingtgen, WHKS engineer, that the cost would be an additional $10,000 from what we have in it to date. Hingtgen said it would give us better lengths and better numbers for the grant applications when we try a second time. Dennis said a Conceptual Design for the streetscape downtown would be $6,700, but that wouldn’t affect the grant applications. Moved Patrick, seconded Boberg, to tell WHKS to proceed with the project design at the approximate cost of $10,000, but to wait on the Conceptual Design for downtown. All ayes, carried.

     Moved Sorensen, secondedPatrick, to introduce for discussion the first reading of Ordinance 485: Storm Water Drainage System Utility. All ayes to discuss. Note: A Storm Water Utility was proposed and approved with the FY 2016 Budget, where it was decided to charge $3.00 per month on everyone’s city utility bills to generate $14,000 annually. These funds would help pay for maintenance and construction of storm sewers in town. Dennis said she got a draft ordinance from the City of Bancroft, who is starting this new utility also. McGrane noted a couple of editing changes that Dennis will make before the second reading. Moved Patrick, seconded Boberg, to approve the first reading of Ordinance 485, on roll call, all ayes, carried.

     Moved McGrane, seconded Nefzger, to approve the Recreation Board meeting minutes of April 20, 2015. All ayes, carried.

     Moved Patrick, seconded Boberg, to discuss no parking on the east side of Mechanic Street across from the condo’s and no parking on one side of the street on adjacent blocks to the north, south, east and west of the block. All ayes to discuss. After some discussion, moved McGrane, seconded Boberg, to approve that “No parking” signs be installed on both sides of Mechanic Street (Jay to Madison). Four ayes, Patrick nay, motion carried. Dennis said an ordinance amendment would have to be approved by three readings before the signs can be installed. She will have the ordinance amendment on the next agenda.

     There being no further business, moved Nefzger, unanimous, to adjourn at 8:42 p.m.

Regular Council Meeting

April 6, 2015    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Monday, April 6, 2015, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Moved Boberg, seconded Sorensen, to approve the consent agenda consisting of the regular meeting minutes of 03/16/15, correspondence and the Claims List of 03/17/15 – 04/06/15 along with the final payment to Portzen Construction for Contract A work at the wastewater treatment facility, pay request #4 to Blazek for Contract B at the sewer lagoons and with the addition of the Ambulance Service payroll (Dennis handed out copies of the payroll breakdown). On roll call, all voted aye, carried.

   Moved Sorensen, seconded Nefzger, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe reported that Prairieland Blessing Industries filed for bankruptcy in late March after the new owners’ financing fell through. Wenthe said the Grundy Center National Bank along with Oelwein, Buchanan and Fayette County economic development officials are all pursuing avenues to keep the business open. He added that the business continues to operate and has a couple of interested buyers. Wenthe said he is aware that any action the city would take for incentives, such as tax abatements, must be approved by the city council.

     The mayor also reported that twenty applications had been received for the police chief position and the search committee would meet before the April 20th council meeting.

     Admin/Clerk Dennis reported that FEMA sent back the appeal to the flood insurance company regarding Fayette’s claim for the wastewater treatment facility, so she has followed up with the insurance company and is waiting for their reply. ~ Submitted a request to Fayette County Local Housing Trust Fund for funding assistance in the amount of $3,760 for our new housing inspection program. ~ Receiving a lot of positive feedback on the new city web site (www.fayetteiowa.com). ~ Pleased with the Iowa Workforce Development judge’s decision regarding our insurance appeal to Brad Gardner’s claim for unemployment. ~ Public Works men will be flushing hydrants on April 14th, spring clean-up for landfill items will be May 6th, and the Fayette Yard Waste Site will be opening April 15th. ~ Library Director, Linda Adams, hired Amy Murphy as a part-time worker at the library. Murphy started March 20th, with a 90-day probationary period as city policy states.

     Moved Boberg, seconded Patrick, tointroduce Karen Michelson, North Fayette Valley School Board member, for an update. Michelson said the whole grade sharing is working well with Valley School District and a merger is being planned in the next few years, which would have to be voted on by the public in both school districts. There would be a new school board then. Michelson spoke of the changed grading system to make sure the students understand the material, sharing a superintendent is working well and a grant funded three-year teacher leadership program that is starting. She added that the kids are adjusting well to all the changes. Michelson said all the school buildings are being used and will continue to be as long as the student enrollment doesn’t change much. She added there would probably be no job losses when the merger takes place.

     Concerning the buy-out proposals from two companies for the city’s Verizon Cell Tower Lease, Mayor Wenthe referred the matter to the Finance Committee. McGrane asked that an attorney familiar with cell tower leases review the proposals.

     Moved McGrane, seconded Nefzger, to approve the appointment of Nancy Wulfekuhle to the Recreation Board to fill the vacancy of Cristy Gardner. Nancy’s term will expire 11/01/2017. All ayes, carried                

     Moved Boberg, seconded Nefzger, to approve the meeting updates from the Recreation Board. The Rec. Board is going to have a pitching machine team in Fayette for the summer. They had a coloring contest for Easter with 4 age groups. They agreed to pay for the signs that will be installed on the Frisbee golf course on the north side of the river near Main Street. Summer sand volleyball adult teams will again play this summer in town. All ayes, carried.

     Moved Sorensen, seconded Boberg, to introduce and approve Resolution 2015-12: Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Fayette, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,700,000 Sewer Revenue Capital Loan Notes, Series 2015, of the City of Fayette, Iowa, under the provisions of the City Code of Iowa, and providing for a method of payment of said Notes and approve the form of Tax Exemption Certificate. Admin/Clerk Dennis explained that this was the final documentation for the Iowa Department of Natural Resources SRF loan for the work on the wastewater treatment facilities presently and over the past five years. She added that this is the same as other bonds and loans she has handled in the past. The interest rate is excellent at 1.75% for twenty years with a service debt from $101,000 to $104,000 per year. On roll call, all voted aye to approve Resolution 2015-12, Tax Exemption Certificate and Form of Loan and Disbursement Agreement, carried.    

     Moved Nefzger, seconded Patrick, to introduce for discussion Resolution 2015-05: Amending Resolution 2008-25, City Personnel Policy, by changing employee health insurance benefits for new employees in Section 5.1, Health & Safety. Admin/Clerk Dennis explained that this would only affect full-time employees hired after April 15, 2015 and needed to be put into place since the city is in the process of hiring a new police chief. The Personnel Committee still needs to have a meeting regarding a phase-out of some health benefits that was recommended by the Finance Committee and referred to them by the Mayor on February 17, 2015. On roll call, all ayes to approve Resolution 2015-05, carried.

     Moved Patrick, seconded Boberg, to approve the closing statement for the purchase of the vacant lot at 104 King Street from Donald & Patsy Brattebo in the amount of $7,500. The lot will be used for the construction of a new house by Northeast Iowa Community Action Corporation. Dennis noted that the survey came out good and there were no issues on the Title Opinion prepared by Attorney David Hanson. All ayes, carried.

     There being no further business, moved Nefzger, unanimous, to adjourn at 8:07 p.m.

Regular Council Meeting

March 2, 2015

    

     The City Council of the City of Fayette, Iowa, met in the Fayette City Hall at 7:30 p.m. on Monday, March 2, 2015, Mayor Andrew Wenthe presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Moved Patrick, seconded Sorensen, to approve the consent agenda consisting of the regular meeting minutes of 02/17/15, DOT information stating due to the 10 cent gas tax increase (takes effect March 1st) Fayette is estimated to receive $22,090 more in Road Use Tax Funds per year, Claims List of 02/18/15 – 03/02/15 and renewal of liquor license for Boarders Inn. On roll call, all voted aye, carried.

   Moved McGrane, seconded Boberg, to approve the agenda as presented. All ayes, carried.

     This being the time and place set for a public hearing on the FY16 proposed city budget, Mayor Wenthe declared the hearing open. He noted that the levy rate will be down 21 cents in FY 2016. Admin/Clerk Dennis said we have a good budget with estimated revenues exceeding expenditures and a levy rate of $14.38. There being no further comments, Mayor Wenthe closed the public hearing.

     Moved Sorensen, seconded Boberg, to approve Resolution 2015-09: Adoption of Budget and Certification of City Taxes Fiscal Year 2016. On roll call, all ayes, carried.

     This being the time and place for a public hearing on the proposed sewer lagoons sludge removal project, Mayor Wenthe declared the hearing open for comment. Admin/Clerk Dennis said Addendum No. 1 was received on February 25th, changing the bid opening date from Feb. 27 to March 10th at 10 am because there weren’t going to be any bidders on Feb. 27th. Dennis added that IIW said there would be bidders for the March 10th bid opening. The engineers estimated cost of $356,000 to $394,000 is still valid. McGrane asked why the sludge was being pumped from three cells to one, rather than pumping it directly out of the three cells and removing it. Dennis explained that because of the timing of the year to apply the sludge to farm fields, but continuing to be able to operate and replace the piping in the first three lagoon cells, is preventing the sludge from being piped directly to a field. On the March 16th agenda the council will award the contract. There being no further comment, Mayor Wenthe closed the hearing.

     Under the Mayor’s report, Wenthe said an advertisement has been prepared for the Police Chief position and suggested we begin advertising immediately with a deadline for resumes of April 15. He also noted that Karla Gavin and Dave Runyon would be the other two members of the reviewing committee in addition to the police committee (Wenthe, Nefzger & McGrane). Wenthe also presented the timeline for hiring a police chief, dependent on applications received with interviews to be held in May.

     Wenthe informed the council that Governor Branstad and Iowa Economic Development Authority Director Debi Durham would be in Fayette, March 4, to meet with the new owners of Blessing Industries. He added that the company is looking at an expansion and has Iowa Home Base employer status.

     Admin/Clerk Dennis read a note for the Fayette American Legion from Carol Katsumes, Elgin Legion Auxiliary President, thanking the Legion members for putting out the U.S. flags on Presidents Day in downtown Fayette.

     Moved Patrick, seconded McGrane, to introduce and approve the third & final reading of Ordinance #482: Increasing sewer rates by three cents on all rate levels to keep up with inflation and for paying off the loan on the wastewater treatment facility and lagoon modifications project (amending Chapter 99.02 & Ordinance 465 from October 2009). The minimum sewer charge will increase from $44.09 to $59.09 per quarter. The rate increase will begin March 2015, billable in June 2015. On roll call, all ayes, final reading carried.      

     Moved Boberg, seconded McGrane, to introduce and approve the third & final reading of Ordinance #483: Increasing water rates by one and one half cents on all rate levels to keep up with inflation (amending Chapter 92.02 & Ordinance 469 from March 2011). The minimum water charge will increase from $30.51 to $38.01 per quarter. The rate increase will begin March 2015, billable in June 2015. On roll call, all ayes, final reading carried.

     Moved Patrick, seconded Boberg, to introduce Resolution 2015-07: Amending the Fayette Ambulance Service Bylaws. Crew Chief Roger Post was present and said the Medical Director clarification is already in the Iowa Code. He added that the member status changes in the bylaws is a result from state recommendations. On roll call to approve Resolution 2015-07, all ayes, carried.

     Moved Patrick, seconded Sorensen, to introduce the letter from IIW Engineering regarding completion of Contract A and Change Order #5 Final for Portzen Construction for the Headworks Building Improvements Project at the Wastewater Treatment Facility. The Change Order amount is a reduction of $5,327, making the total contract price $544,234.84 for the project. The retainage amount of $4,498 will be paid in 30 days. Moved Boberg, seconded McGrane, to accept the completion of the project and Change Order #5 Final. All ayes, carried.

     Moved Boberg, seconded Patrick, to approve the Ambulance Service meeting minutes of Feb. 4, 2015. It was noted in the meeting minutes that six crew members are non-compliant with the CQI policy and a letter had been sent to these members notifying them that their names would be removed from the active roster. All ayes, carried.

     Moved Patrick, seconded McGrane, to introduce the car show agenda item. Lloyd Carnicle, who ran the Show & Shine for the two previous years, was present. He said there has been a lot of people turn out for the monthly car show and one time they had over 30 vehicles showing. He added that last year he had an emergency vehicle showing on a Saturday that was also well attended. Moved Boberg, seconded McGrane, to approve having the car show for the third year. All ayes, carried. Everyone thanked Lloyd for taking the time to do the car show and bring people to Fayette.

     Moved Patrick, seconded Sorensen, to introduce Resolution 2015-10: Amending Resolution 2014-08, increasing the cost of the city utility (water/sewer) deposit from $175 to $225 and increasing the fee for a water meter by $10 from $135 to $145. On roll call, all ayes, carried.                                                          

     There being no further business, moved Nefzger, unanimous, to adjourn at 7:49 p.m.

REGULAR COUNCIL MEETING

March 16, 2015    

     The City Council of the City of Fayette, Iowa, met Monday, March 16, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Pro-Tempore Patty Nefzger presiding.

     Roll call: Present - Council members Boberg, McGrane, Nefzger, Patrick, Sorensen.

     Moved Patrick, seconded Boberg, to approve the consent agenda consisting of the regular meeting minutes of 03/02/15, Claims List of 03/03–16/15, February 2015 Treasurer’s/Clerk’s Report and Budgetary Report and renewal of beer permit for Triple J Mart. Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of February 28, 2015: General $198,134.91; Streets $302,620.33; Debt Service ($693.48); Water Utility $207,195.49; Water T&A $20,323.51; Sewer Utility $295,598.06; CDBG Sewer ($401,926.98); Landfill/Recycling ($1,429.34); Yard Waste $12,044.93; Bolger Fund $200,176.44; TIF $53,044.58; Local Option Tax $72,686.68; CDBG Façade Grant ($86,120.32); Downtown Project ($2,296.82); Franchise Fees $8,704.68. February receipts by Fund: General $9,683.58; Streets $11,785.92; Debt Service $38.93; Water Utility $3,761.77; Water T&A $1,400; Sewer Utility $4,957.78; CDBG Sewer Project $155,708; Lf/Recycling $1,158.51; Yard Waste $240; Bolger $528; TIF $22.79; Local Option $8,433.96. Total Receipts $197,719.24. February Disbursements by Fund: General $27,440.88; Streets $9,192.72; Water Utility $4,864.23; Water T&A $612.50; Sewer Utility $18,603.13; Sewer CDBG $1,560.22; Bolger $1,565; TIF $900; Downtown Project $839.70. Total Disbursements: $65,578.38. Investments: $1,257,128.50. Bank Balance $2,135,191.17. Balance with Library Funds $2,206,673.11.

     Moved Boberg, seconded McGrane, to approve the agenda as presented. All ayes, carried.    

     Admin/Clerk Dennis reported that the library received a donation of $14,912.33 from the estate of Leo Buchtella; that Adam Hildebrand passed his exam for Drinking Water Distribution 2 this month; stated that a letter had been received from Farmers Mutual Insurance Assoc. that they were holding in reserve $10,000 for the property at 701 S. Main Street to satisfy incurred demolition cost since the house burned and handed out a press release from the Police Department.

     Moved Patrick, seconded Boberg, to introduce a request from the Main Street Matters group for a donation for flowers for Main Street. All ayes to discuss. Bill Dohrmann addressed the council and gave a brief history of the flower planting and maintenance in addition to a letter and article from the group that was in the agenda packet. Dohrmann said the group is in need of $750 from the city to help pay for the plants for 18 hanging baskets and 10 big pots on Main Street. Admin/Clerk Dennis noted that the city donated $640 for plants last year to the group and the funds came from a donation from Floyd Alber. Dennis said Mr. Alber donated $1,000 again this year, which could be used toward flowers because he didn’t designate a use for his donation. Moved Patrick, seconded Boberg, to give up to $750 to the Main Street Matters group to be used to purchase flowers/plants/hanging baskets for Main Street. All ayes, carried.       

     Moved Patrick, seconded Boberg, to introduce and approve Resolution 2015-08: Making Award of Contract. All ayes to discuss. Nefzger read the resolution with the following information filled in: The bid for the sludge removal project from Krauskopf Pumping Service or Decorah, IA, in the amount of $200,500, be approved, pending SRF & CDBG funding agency approval of the contractor. On roll call, all ayes, carried. Clerk’s Note: The other bid received was from Nutri-Ject Systems, Hudson, IA, in the amount of $327,285. The low bid was 43.6% below IIW Engineer’s estimate.

  Moved McGrane, seconded Boberg, to approve the Ambulance Service meeting minutes of 03/04/15. The minutes stated that final letters will be sent out to six members who are considered inactive, according to the bylaws, informing them to turn in their service equipment. All ayes, carried.

     Moved Patrick, seconded McGrane, to introduce for discussion the parking matter in the 500 block of Mechanic Street across from the condominiums. All ayes to discuss. Since this is the last council meeting before the snow ordinance stops on April 1st, a decision needed to be considered. After more discussion on this matter reiterating what had already been said in a Street Committee meeting and no solution being stated, McGrane suggested that Dennis ask Mayor Wenthe if the owner of the condos stated a timeline of when he would have additional gravel parking north of the buildings completed.

     Moved Sorensen, seconded Boberg, to introduce Resolution 2015-11: Petition in Equity, City of Fayette vs. Gary Goodell, for discussion. All ayes to discuss. After some discussion, it was decided to move forward with the process since Goodell has been given numerous warnings about all the junk on his property and running a salvage business in an area not zoned for that type of business. Numerous citizens and city officials have visited with Goodell over the past year and a half explaining that he needed to clean up his property and stop bringing in junk, but to no avail. Moved Boberg, seconded McGrane, to approve Resolution 2015-11: Petition in Equity, City of Fayette vs. Gary Goodell, 101 King Street, (Lot 14 and the North 12 feet of Lot 13, Block 13), sending the matter to the Court to determine the outcome, and as the petition states which was prepared by Attorney Jeremiah White. On roll call, all ayes, carried.

     There being no further business, moved Boberg, to adjourn at 8:06 pm.

REGULAR COUNCIL MEETING

February 17, 2015

    

     The City Council of the City of Fayette, Iowa, met Tuesday, February 17, 2015 at 7:30 p.m. in the Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present- Council members Boberg, McGrane, Patrick, Sorensen. Absent: Nefzger.

     Prior to this meeting the city council held a work session to continue discussing a housing inspection program with Lori Brockway, UERPC. The council reviewed a draft document outlining what the inspections would cover and a letter that would be sent to property owners 30 days before their house would be inspected. The council agreed to start the inspections on homes rated by the County Assessor’s office as very poor and poor of which there are 15. After those are inspected, then the council will decide whether to do rental properties or the houses that are rated below normal. The inspection program will cover all houses in Fayette whether they are occupied or vacant. It was also agreed that the city would pay the initial $50 inspection fee that UERPC will charge per hour for doing the inspections. Lori will prepare a final draft of documents then an ordinance would have to be approved with three readings to put the program into effect.                

     Moved Sorensen, seconded Boberg, to approve the consent agenda consisting of the regular meeting minutes of 02/02/15, Claims List of 02/03–17/15, January 2015 Treasurer’s/Clerk’s Report and Budgetary Report. Roll call, all ayes, carried.

     Treasurer's Balance for Fund Accounts as of January 31, 2014: General $215,892.21; Streets $300,027.13; Debt Service ($732.41); Water Utility $208,297.95; Water T&A $19,536.01; Sewer Utility $309,243.41; CDBG Sewer ($556,074.76); Landfill/Recycling ($2,587.85); Yard Waste $11,804.93; Bolger Fund $201,213.44; TIF $53,921.79; Local Option Tax $64,252.72; CDBG Façade Grant ($86,120.32); Downtown Project ($1,457.12); Franchise Fees $8,704.68. January receipts by Fund: General $26,505.07; Streets $12,071.91; Debt Service $333.26; Water Utility $53,043; Water T&A $1,225; Sewer Utility $61,285.19; Lf/Recycling $13,165.74; Yard Waste $2,655.84; Bolger $1,178; TIF $193.64; Local Option $8,433.94; Franchise Fees $4,118.26. Total Receipts $184,208.85. January Disbursements by Fund: General $23,864.96; Streets $14,597.30; Water Utility $11,906.01; Water T&A $182.07; Sewer Utility $7,084.30; Sewer CDBG $19,331.90; LF/Recy $14,957.71; TIF $2,309.37; Downtown Project $1,323.40. Total Disbursements: $95,557.02. Investments: $1,257,084.94. Bank Balance $2,003,006.75. Balance with Library Funds $2,074,864.76.

     Moved McGrane, seconded Boberg, to approve the agenda as presented. All ayes, carried.    

     Mayor Wenthe reported that he had spoken to Gary Goodell on Feb. 9, 2015 about his property at 101 King Street. Wenthe told Gary that the council is considering taking legal action to take ownership of his property due to continued zoning and ordinance violations. Wenthe stated he was very clear with Gary that the city will move forward in this direction. Gary told Wenthe he would start cleaning up the property immediately. Wenthe told him that his fear was that even if he gets it cleaned up it will eventually become cluttered again, as it has in the past. Gary said when he gets it cleaned up he will sell it. Wenthe told him that was a good direction to move toward. Wenthe also told Gary that the council may decide to pursue the legal remedy regardless of any action he takes so the sooner he acts the better.

     Jeremiah White, Attorney from West Union, was present at the council meeting and informed everyone that the City of West Union took two of Gary’s properties where he was storing junk inside the houses and both yards were full of junk and junk vehicles full of stuff. Jeremiah said West Union took legal action against Gary by sending him a notice to clean up the property, issuing citations and then it went to court. The magistrate determines if the property is a nuisance. Section 657(A)10a in the Iowa Code covers abandoned property and if a house is deteriorated and not maintained then it can be deemed abandoned. Jeremiah said he has taken legal action against several houses in Randalia for the city under this code. Jeremiah said the City of West Union sold the properties with the junk inside that they obtained from Gary, after the city cleaned up the yards and got rid of the junk vehicles. The council agreed that they didn’t want to leave Gary without a home, but he has been given every opportunity to clean up his property and help was even offered, but he refused the free help. A recycling bin was arranged by neighbors to be placed on his property at no charge, but he didn’t use it much. It was agreed that Gary continues to ignore the city laws so something must be done.

     Moved Boberg, seconded Patrick, to have Attorney White start the legal process to petition for an abandoned property for Gary Goodell. All ayes, carried.

     Wenthe informed Attorney White that the city is going to be starting a housing inspection process and asked how empty houses used for storage could be handled. White said starting with an inspection will determine the condition and in our new housing code it should state that non-compliance will be a municipal infraction. He added that some of those houses would fall under the Iowa Code about abandoned properties too.

     Admin/Clerk Dennis reported that Floyd Alber gave a $1,000 donation to the city and didn’t specify the use for the donation. ~ The survey of 104 King property was completed and the Offer to Buy will be mailed to Don & Patsy Brattebo this week.

     Moved Patrick, seconded McGrane, to approve the City Admin/Clerk’s FY 2016 Budget Report and to set the public hearing for March 2, 2015 at 7:30 p.m. in City Hall on the FY16 Budget Estimate. The full budget report is

Regular Meeting February 17, 2015 Page 2

available at City Hall and the Library. Estimated resources for FY 2016 will be $1,996,189. Estimated expenditures will be $1,901,282. Total tax asking will be $14.38 for FY16, which is 21 cents lower than FY15. All ayes, carried.

     Moved Patrick, seconded Sorensen, to introduce the advertisement for the police chief and the job description for discussion. All ayes. McGrane said he drafted a write-up that could be sent out and put on the city web site for prospective applicants that tell about the Fayette and explain the duties of the police chief. McGrane said we need to market ourselves. Wenthe asked McGrane to send his write-up to the police committee and Dennis for review. Patrick said he had a few corrections to the job description, so Wenthe asked him to send them to the police committee.

     Moved Sorensen, seconded Boberg, to introduce and approve the second reading of Ordinance #482 – Increasing sewer rates by three cents on all rate levels to keep up with inflation and for paying off the loan on the wastewater treatment facility and lagoon modifications project (amending Chapter 99.02 & Ordinance 465 from October 2009). The minimum sewer charge will increase from $44.09 to $59.09 per quarter. The rate increase will begin March 2015, which is billable in June 2015. On roll call, all ayes, second reading carried.        

     Moved Patrick, seconded McGrane, to introduce and approve the second reading of Ordinance #483: Increasing water rates by one and one half cents on all rate levels to keep up with inflation (amending Chapter 92.02 & Ordinance 469 from March 2011). The minimum water charge will increase from $30.51 to $38.01 per quarter. The rate increase will begin March 2015, which is billable in June 2015. On roll call, all ayes, second reading carried.

     Moved Patrick, seconded McGrane, to introduce Resolution 2015-07: Ambulance Service By-laws for discussion. All ayes to discuss. Sorensen suggested that something under the disciplinary process should be added so the medical director would be able to remove a service member so the director’s license wouldn’t be lost due to a mistake. Wenthe recommended referring the amendment to the by-laws to the Council Safety Committee and ask Roger Post, Crew Chief, to the meeting. The Ambulance Service meeting minutes of Feb. 4, 2015 weren’t approved either, since that meeting covered the change in the by-laws and continued membership of six inactive crew members.

  Moved Sorensen, seconded Patrick, to approve the Finance Committee meeting minutes of 02/04/15. All ayes, carried.

     Regarding Resolution 2015-05: Amending the City Personnel Policy concerning employee health insurance benefits, Mayor Wenthe said he would like to refer this to the Personnel Committee since the Iowa League of Cities said the Personnel Committee should review employee policy changes.

     Moved Patrick, seconded McGrane, to introduce Resolution 2015-06: Adopting the plans, specifications, form of contract and estimated cost for the Wastewater Treatment Facilities 2013 Contract “C” Lagoon Sludge Removal Project and setting the bid opening date as February 27, 2015 at 10:00 am in City Hall and setting the public hearing on the project for March 2, 2015 at 7:30 p.m. in City Hall. On roll call, all ayes, carried.    

     There being no further business, moved Boberg, to adjourn at 8:30 pm. 

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