Minutes July 6, 2015

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.

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