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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