REGULAR COUNCIL MEETING

August 5, 2019

     The City Council of the City of Fayette, Iowa, met Monday, August 5, 2019, at 6pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Cowley, Larson, Nefzger, Tucker and Wulfekuhle (arrived at 6:04pm).

     Moved Tucker, seconded Cowley, to approve the consent agenda items consisting of the regular meeting minutes of 7/15/19, the claims list of 7/16/19 – 8/5/19, the financial reports for June 2019, and the Outstanding Obligations Disclosure Statement for 2019.  Roll call, all ayes, motion carried.

     Treasurer’s Balance for Fund Accounts as of June 30, 2019: Total June Receipts: $102,769.06 (General $29,623.84; Streets $14,003.99; Employee Benefits $1,504.64; Local Option Sales Tax [LOST] $8,378.53; TIF $20.20; Revolving Loan $1,085.02; Bolger $3,319.25; Library Fund $3.88; Water $14,690.67; Water T&A $900; Sewer $24,455.37; Water/Sewer Capital $4,235.46; Storm Water $548.21). Total June Disbursements: $281,263.16 (General $64,202.65; Streets $6,850.90; Employee Benefits $10,403.41; TIF $42,565.32; CDBG LMI Housing $566.47; Bolger $22.16; Water $18,374.48; Water T&A $3,063; Sewer $17,880.88; Sewer Project $32,596.10; Sewer Fund $84,684.29; 9 S. Main St $53.50).  Transfers in: General $32,241.10, Street $48,269.57, Bolger $37,481.80, Radio Tower $15,000, Sewer Fund $9,575.50; Transfers out: General $15,000; LOST $106,909.34; TIF $5409; Library Memorial $5,674.13, Sewer $9,575.50. Treasurer’s Balance: $3,301,193.10.

     Moved Larson, seconded Cowley, to approve the agenda as presented. All ayes, carried.

     Moved Larson, seconded Nefzger, to schedule a public hearing on August 19, 2019, at 6PM at Fayette City Hall for the conveyance of a utility easement allowing Hawkeye Interconnect Company a perpetual right-of-way easement for the purpose distributing fiber optic service and communication facilities at the following locations: The east 15 feet of the north 18 feet of lot 12 and the south 14 2/3 feet of lot 13, block 7, Fayette, Iowa; the west 15 feet of the west 20 feet of the south 26 feet of lot 1, block 12, Fayette, Iowa; and the west 15 feet of the south 3 feet of lot 3, block 13, Fayette, Iowa.  All ayes, carried.

     Moved Nefzger, seconded Tucker, to discuss scheduling a public hearing on August 19, 2019, at 6PM at Fayette City Hall for consideration in rezoning 807 W. Water Street to commercial.  Tim Bruihler, who submitted the request to change the zoning, advised the council he would like to build two or three commercial storage units on the property that Bruihler believes could possibly be assessed from $130,000 to $140,000.  The Planning and Zoning Commission recommended Bruihler provide documentation that the well was properly sealed, if there was any septic or sanitation system and if it’s been properly taken care of and meets all health and sanitation code requirements and receive consent from the neighbors of the property.  Bruihler went to the Sanitation department at the Fayette County Courthouse and they have record of a septic system application in the 1980’s but it was never installed.  There is currently an outhouse at the location, so Bruihler believes the outhouse was put in place instead of the septic system.  There is a well on the property, but they have no records of sealing the well.  Bruihler said there is concrete around it that has October 1984 or 1994 inscribed in it indicating it has been sealed for at least 25 years. Bruihler did email the DNR for more information but has not heard back from them.  Jeff Muzingo, a neighbor to the property, is not in favor of having commercial building(s) on that location.  Muzingo advised he would like to live next to people and not structures.  Muzingo and Bruihler both indicated they respect each other’s intentions and that they are content with whatever the council decides and hope the council makes a decision on what is best for the city.  Moved Tucker, seconded Cowley, to schedule a public hearing on September 3, 2019, at 6PM at Fayette City Hall for the consideration of rezoning the residential property at 807 W. Water Street in Fayette, Iowa, to commercial.  Ayes – Cowley, Tucker; Nays – Larson, Nefzger, Wulfekuhle, motion failed.

     Administrator/Clerk McGrane informed the council that he filmed and produced a short video promoting the City of Fayette and the new construction incentives on his own time as a way to give back to the City of Fayette.  The video is on the cities Facebook page.  Mallory Hanson with NEIA RC&D is scheduled to attend the 9/16/19 Council meeting to discuss Fayette County Economic Development and Tourism.  McGrane has been continuing to work on the steps needed to install the new server, including researching and ordering CAT6 wiring and accessories.  He is hoping to run the wire himself over the next week or two.  McGrane assisted with the IMWCA audit on 7/17/19. He attended the NEIA Community Action Housing meeting on 8/1/19 and they are still accepting applications for the new home on S. Main Street.  The construction on the new home should be completed by the middle of this month.  The city of Fayette is still being considered for another future NEIA Community Action home.

     Fayette Police Chief Davis reminded the council that the National Night Out event scheduled for tomorrow (Tuesday, 8/6/19). 

     Moved Cowley, seconded Wulfekuhle, to discuss Ordinance 506, second reading.  Moved Nefzger, seconded Wulfekuhle, to waive the second reading of Ordinance 506.  Roll call, Ayes – Cowley, Nefzger, Tucker and Wulfekuhle; Nays – Larson, motion carried. Moved Tucker, seconded Cowley, to approve the third and final reading of Ordinance 506, an ordinance that would amend a portion of Chapters 92 and 99 to adjust the water and sewer infrastructure/administration fee from a flat $10 fee per month, per account, to a 2% of total cubic feet used per month, per account, with a minimum charge of $3 per month and a maximum charge of $100 per month.  Roll call, Cowley, Nefzger, Tucker and Wulfekuhle – ayes, Larson – nay.  Motion carried.

     Moved Cowley, seconded Tucker, to discuss Resolution 2019-16.  The resolution clarifies a few things in the new home and new commercial construction incentive program from July 15, 2019 through December 31, 2020. A few of the clarifications include a new construction of home or business must be completed within 2 years of the demolition date as indicated on the demolition permit.  The demolition must begin after August 1, 2019.  The Council may extend the deadline upon written application submitted to the City Council prior to the expiration of the initial deadline and supported by good cause beyond the applicant’s control. No partial demolition of a structure(s) shall qualify.  The property owner must turn in a completed application and it must be approved by the City Council prior to funds being awarded.   Moved Wulfekuhle, seconded Cowley, to adopt Resolution 2019-16, adopting the updated new home and new commercial construction incentive program.  Roll call, all ayes, motion carried.

     Moved Cowley, seconded Nefzger, to accept the Fayette Planning and Zoning Commission meeting minutes from 7/24/19.  All ayes, carried.

     Moved Cowley, seconded Tucker, to discuss the request by Joel and Mina Fantz, 706 Lovers Lane Ct, to forgive a portion of the sewer charges.  Mina Fantz explained to the council they had accidentally left their garden hose run for approximately four days.  Fantz requested a breakdown of their daily usage which the city provided them, and they figured an average daily usage of 18 cubic feet per day.  They would like to ask the city to forgive $232.32 of the sewer fees, or whatever the council feels fair, since the water would not have gone down the city’s sewer line.  In the past, the council has forgiven sewer fees when the residents have shown some sort of proof that the water has not went down the sewer lines for such situations like a pipe burst or leaked.  In this case it is hard to prove.  Nefzger suggested the council discuss giving $100 off the Fantz bill.  After discussion, no action was taken.

     Moved Cowley, seconded Nefzger, to discuss purchasing a mower at the cost of no more than $9,800 from the Parks budget.  The city received two quotes, one from Bodensteiner Implement Company in the amount of $8,400 and one from P&K Midwest in the amount of $9,752.21.  Moved Larson, seconded Wulfekuhle, to accept the quote from Bodensteiner Implement Company in Oelwein, Iowa for $8,400 for a new John Deere Z950R ZTrak mower.  All ayes, carried.

     Moved Tucker, seconded Cowley, to discuss accepting the quote from K&W Coatings LLC.  K&W Coatings LLC provided a quote of $1400 for cleaning and inspecting of the wet interior of the water tower, $3600 for the exterior washing of the underside of the tank from the logo to the pedestal, and $12,500 to furnish and install a Kasco Certisafe tank mixer with a stainless-steel suspended mounting system.  Jerry Hildebrand, the Public Works Director, budgeted for the interior cleaning and the mixers, but not for the exterior cleaning.  Hildebrand informed the council, it is their choice if they want to clean the exterior at the same time or not.  Moved Nefzger, seconded Tucker, to accept the entire bid of $17,500 from K&W Coatings LLC for the interior cleaning and inspection, the exterior cleaning of the bottom part of the tank and the furnishing and installing of the tank mixer.  All ayes, carried.

     Moved Cowley, seconded Larson, discuss Resolution 2019-15.  Moved Nefzger, seconded Cowley, to approve Resolution 2019-15: Transferring funds FY2018-19.  Roll call, all ayes, carried.

     Moved Cowley, seconded Nefzger, to discuss purchasing a laptop for City Hall.  McGrane advised one of the computers at City Hall is about 5 to 7 years old and has Windows 7 installed.  Microsoft will no longer support the computer and it will not work with the new server.  McGrane feels if we need to replace the computer, he suggests a laptop so he could use it for meetings, trainings and to work in the council room at times when the Deputy Clerks are working, and he needs to get things done without any interruptions.  McGrane had only asked for one quote, so far, from Access Systems, and they quoted a laptop for $1,588.91, but McGrane would continue to shop around before purchasing a new laptop.  Cowley inquired if the current computer could be upgraded to Windows 10.  McGrane advised he never thought of that and Cowley advised he could look to see if it would be worth upgrading.  McGrane was in favor of having Cowley look at the computer before the council makes any further decisions.  Moved Nefzger, seconded Tucker, to table the discussion.  All ayes, carried.

     Moved Tucker, seconded Cowley, to discuss new business incentives.  An idea that was brought up in a previous incentive discussion was to offer reimbursing a new business costs for advertising/marketing.  The council would like McGrane to draft an incentive proposal that includes reimbursing a new business up to $1,000 in advertising/marketing costs, they must present their business proposal to the council, the advertisement must mention “located in Fayette”, and must stay in business for at least 6 months.  Moved Nefzger, seconded Wulfekuhle, to move forward with drafting a new business marketing incentive.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss changing water rates for irrigation systems or non-consumption water accounts.  McGrane had provided the council with some information that they had requested.  There were 11 active irrigation water accounts in 2017 that used a total of 888,327 cubic feet of water and generated $42,999.33.  There were 10 active irrigation water accounts in 2018 that used a total of 287,306 cubic feet of water and generated $14,497.40.  For the first 6 months of 2019, there have been 10 active irrigation water accounts that have used 6,672 cubic feet of water and generated $358.35.  Wenthe advised the council to contact McGrane if they have any suggestions for an increase in the water rates for irrigation systems and they can discuss it at a future meeting.  No action was taken.

     There being no further business, moved Nefzger, unanimous, to adjourn at 7:05pm.

REGULAR COUNCIL MEETING

July 15, 2019

     The City Council of the City of Fayette, Iowa, met Monday, July 15, 2019, at 6pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Cowley, Larson, Tucker and Wulfekuhle. Absent – Nefzger.

     Moved Cowley, seconded Larson, to approve the consent agenda items consisting of the regular meeting minutes of 7/1/19 and the claims list of 7/2/19 – 7/15/19.  Roll call, all ayes, motion carried.

     Moved Wulfekuhle, seconded Larson, to approve the agenda as presented. All ayes, carried.

     This being the time and place published for a public hearing on the proposed grant of easement on property owned by the City of Fayette, Iowa, Mayor Wenthe opened the hearing and asked for comments.  There being no comments, Mayor Wenthe closed the hearing.  Moved Larson, seconded Cowley, to discuss Resolution 2019-13.  Jared and Diana Hildebrand would like to remove the existing deck and replace it with a new one, however it is built on city right-of-way.  Moved Tucker, seconded Wulfekuhle, to approve Resolution 2019-13: Directing a grant of easement on property owned by the City of Fayette, Iowa as described as the north twelve feet (N12’) of the west eighty-two feet (W82’) of that part of Madison Street lying adjacent to the south edge of the west 82 feet of lot 1, block 3, S. H. Robertson’s Addition to Fayette; all in the City of Fayette, Fayette County, Iowa.  Roll call, all ayes, carried.

     Upon the recommendations of the Fayette Community Library Board of Trustees and Mayor Wenthe, moved Larson, seconded Wulfekuhle, to appoint Marcia Andrews to the Fayette Community Library Board of Trustees to finish the term ending 6/30/2022.  All ayes, carried.  

     Administrator/Clerk McGrane informed the council that NEIA Community Action Corporation is now accepting applications for the new home that they are constructing on S. Main Street.  Electricity is now run to the room that will house the new server.  Access Systems will be reaching out this week to start gathering information for the new server and CAT6 wiring still needs to be run throughout the building. McGrane has the annual IMWCA audit on 7/17 and will be wrapping up the FY2019 financials, completing the four quarterly reports due this month, starting the debt report and street financial report and preparing for the FY2019 audit over the next month.  Mayor Wenthe and McGrane also informed the council that monthly utility billing is consuming quite a bit of time in City Hall.  McGrane showed the council that from March 2018 to June 2018, the part-time Deputy Clerk and himself worked an average of 31.4 hours per pay period (2 weeks) on the quarterly utility bills and administering the utility accounts.  From March 2019 to June 2019, when the city started monthly utility billing, the two part-time Deputy Clerks and himself worked an average of 73.2 hours per pay period on utility bills and administering the utility accounts.  McGrane worked 34 of the 73.2 hours.  McGrane shared that he has been working additional hours at the office to keep up with utility accounts and his other job duties, but he is still falling behind.  McGrane provided a few suggestions for the council to consider.  His suggestions included hiring a full-time Deputy Clerk to replace the two part-time Deputy Clerk positions, increase the two part-time Deputy Clerk’s hours from 25 hours per week (combined) to 50 hours per week (combined) or consider contracting an outside business or agency to complete some of the Administrator’s job duties.  Out of the three suggestions, McGrane recommended increasing the part-time Deputy Clerks hours to 50 hours per week (combined) because having two part-time Deputy Clerks has been working out well.  McGrane advised the extra hours for the part-time Deputy Clerks would give them more time to work on utility billing, administering utility accounts, work on additional job duties that they used to be able to do prior to monthly utility billing and to pass along information between their shifts.  If the city stays with two part-time Deputy Clerks, then the city would not have to provide employee health benefits to the Deputy Clerks.  McGrane will have the topic on a future council agenda for the council to discuss.

     Fayette Police Chief Davis updated the council on the National Night Out event scheduled for August. 

     Moved Larson, seconded Cowley, to discuss Ordinance 504.  The ordinance amends a portion of section 92.02 of water rates and section 99.02 of sewer service charges under Chapters 92 and 99 to increase the rates and fees.  In section 92.02, the monthly water rates will change from $12 (minimum bill) to $15 (minimum bill) for the first 150 cubic feet used per month and all over 151 cubic feet will change from $0.046 per cubic foot to $0.055 per cubic foot.  In section 99.02, the monthly sewer service charges will change from $18.45 (minimum bill) to $23 (minimum bill) for the first 150 cubic feet used per month and all over 151 cubic feet will change from $0.086 per cubic foot to $0.092 per cubic foot.  Moved Wulfekuhle, seconded Cowley, to approve the third and final reading of Ordinance 504.  Roll call, all ayes, motion carried.

     Moved Cowley, seconded Wulfekuhle, to discuss Resolution 2019-14.  The resolution changes the new home and new commercial construction incentive program from July 15, 2019 through December 31, 2020. The new construction incentives include a person or business may receive $10,000 after the completion and inspection of a new home or new business with an appraised value of $125,000 to $174,999, or they may receive $15,000 after the completion and inspection of a new home or new business with an appraised value of $175,000 or more, or they may receive $20,000 after the completion and inspection of a new home or new business with an appraised value of $175,000 or more constructed on land that required the demolition of a home or business of lesser value, or they may receive an annual rebate on city property taxes for three (3) years (up to $700 per year) after the completion and inspection of a new home or new business with an appraised value of $124,999 or under.  Only the first tree qualified new homes or new businesses constructed and inspected will receive the incentives per calendar year.  Property owners in the new Westfield Addition on Stone Man Court are required to pay a sewer connection fee of $1,000, per Chapter 100 of the City Code.  The new home or new business would also receive up to $150 off the water and sewer connection fees. Moved Cowley, seconded Larson, to adopt Resolution 2019-14.  Roll call, all ayes, motion carried.

     Moved Cowley, seconded Tucker, to discuss Ordinance 506.  The ordinance amends a portion of Chapters 92 and 99 to adjust the water and sewer infrastructure/administration fee.  McGrane shared more spreadsheets to the council that showed more examples of amounts if the city switched to a 1% or 2% fee per cubic foot, with a minimum of $3 and a maximum of $150 and $200 fee.  Currently the city is charging a $10 flat fee on every bill and some council members feel changing it to a percentage would make it fairer to the consumers.  McGrane advised if the council does not make a decision and pass an ordinance before the new rate increases take effect, then the minimum utility bills will increase from $50.69 per month to almost $60.  Moved Tucker, seconded Wulfekuhle, to approve the first reading of Ordinance 506, an ordinance that would amend a portion of Chapters 92 and 99 to adjust the water and sewer infrastructure/administration fee from a flat $10 fee per month, per account, to a 2% of total cubic feet used per month, per account, with a minimum charge of $3 per month and a maximum charge of $100 per month.  Roll call, Cowley, Tucker and Wulfekuhle – ayes, Larson – nay.  Motion carried.

     Moved Larson, seconded Cowley, to discuss adjusting the City Code to charge a higher rate for water for irrigation systems or non-consumption water usage.  Larson recommended the council take steps to double the water rate to water accounts used for irrigation systems or non-consumption water usage.  The council would like McGrane to provide more information at a future meeting that shows how many current accounts would fall in this category, their water usage and dollar figures if the rate was increased.  No action was taken.

     Moved Larson, seconded Tucker, to discuss partnering with Fayette County Economic Development and Tourism.   McGrane attended a meeting on 7/10/19 held by NE Iowa RC&D to discuss the new partnership and contract with the Fayette County Supervisors to work on Economic Development and Tourism in Fayette County.  McGrane shared a draft statement of purpose, goals and potential for partnership document from Mallory Hanson with the council.  The council requested McGrane reach out to Hanson to have her attend a future council meeting to provide more information before partnering.  No action was taken. 

     Moved Larson, seconded Cowley, to discuss the hiring process for the new City Maintenance Worker.  McGrane advised he has started advertising the open position on the city’s website, Facebook page, in the West Union/Area Shopper’s Guide and the West Union newspaper.  We will be accepting applications until July 31, 2019.  Wulfekuhle and Tucker agreed they would be willing to assist with the interviews and hiring process.  Tucker advised if Nefzger would like to assist, she would be willing step down and let Nefzger assist.

     Moved Larson, unanimous, to adjourn at 6:47pm.

REGULAR COUNCIL MEETING

July 1, 2019

     The City Council of the City of Fayette, Iowa, met Monday, July 1, 2019, at 6pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Larson, Tucker and Wulfekuhle. Absent – Cowley and Nefzger.

     Moved Larson, seconded Wulfekuhle, to approve the consent agenda items consisting of the regular meeting minutes of 6/17/19 and the claims list of 6/18/19 – 7/1/19.  Roll call, all ayes, motion carried.

     Larry Kuecker with The Cahoy Group out of Sumner, Iowa, was present to inform the council about The Cahoy Group.  They specialize in pump installation and repair, well cleaning and surveys, test hole drilling and other services.  They are local and would like to be considered for any future projects or emergency situations.

     Moved Tucker, seconded Larson, to approve the agenda as presented. All ayes, carried.

     Moved Wulfekuhle, seconded Larson to publish and schedule a public hearing for July 15, 2019, at 6PM, for the conveyance of an easement allowing Jared Hildebrand to build a deck upon city right of way at the intersection of E. Madison Street and Jones Street.  All ayes, carried.

     Mayor Wenthe informed the council that he had received a resignation letter from Tylar Spece earlier today.  The city will start taking steps to advertise for the open City Maintenance Worker position.  Upon Mayor Wenthe’s recommendation, moved Larson, seconded Tucker, to reappoint Nick Serra to the Planning and Zoning Commission for another 5-year term and to appoint Mark Danker to the Planning and Zoning Commission for the remainder of Tim Wulfekuhle’s term, ending 5/31/2021.  All ayes, carried.

     Administrator/Clerk McGrane informed the council that monthly utility billing is going well but consuming a lot of his time at City Hall, as he predicted.  McGrane recommends the council discuss some options in the near future.  McGrane is continuing to take steps in getting the new server installed and will be working on this throughout the month of July.  McGrane also advised the council that July and August will be busy finishing the books for the FY2019, preparing for the annual exam and the workers compensation audit.  The Fayette Community Library and City Hall will be closed on Thursday, July 4^th for the holiday.

     Fayette Police Chief Davis updated the council on the National Night Out event scheduled for August. 

     Moved Larson, seconded Tucker, to discuss Ordinance 504.  The ordinance amends a portion of section 92.02 of water rates and section 99.02 of sewer service charges under Chapters 92 and 99 to increase the rates and fees.  In section 92.02, the monthly water rates will change from $12 (minimum bill) to $15 (minimum bill) for the first 150 cubic feet used per month and all over 151 cubic feet will change from $0.046 per cubic foot to $0.055 per cubic foot.  In section 99.02, the monthly sewer service charges will change from $18.45 (minimum bill) to $23 (minimum bill) for the first 150 cubic feet used per month and all over 151 cubic feet will change from $0.086 per cubic foot to $0.092 per cubic foot.  Moved Tucker, seconded Wulfekuhle, to approve the second reading of Ordinance 504, an ordinance amending the code of ordinances of the city of Fayette, Iowa, by repealing and amending a portion of sections 92.02 of water rates and 99.02 of sewer service charges under chapters 92 and 99 to increase the rates and fees.  Roll call, all ayes, motion carried.

     Moved Larson, seconded Wulfekuhle, to approve the Fayette Recreation Board annual update.  All ayes, carried.

     Moved Larson, seconded Tucker, to discuss and consider approving Lyle & Valerie Buehler’s demolition incentive.  The Buehler’s had provided all the necessary documentation, except one invoice from Brewer Construction, LLC, needed updated because there were additional costs in the demolition.  The Buehler’s had provided their proof of payments to Brewer Construction that showed they paid the additional costs.  The total reimbursement, which would be 50% of the demolition costs, would be $4,353.75.  Moved Wulfekuhle, seconded Tucker, to approve the demolition incentive for the Buehler’s at a cost of $4,353.75, once all proper documentation and an updated invoice is provided to Fayette City Hall.  All ayes, carried.

     Moved Larson, seconded Tucker, to discuss Resolution 2019-11.  Moved Tucker, seconded Wulfekuhle, to adopt Resolution 2019-11: Accepting the project and approving payment of partial payment Number 8-Final to Tschiggfrie Excavating for the Sanitary Sewer Repair and CIPP Lining Improvements project 16-137, Division 1.  Roll call, all ayes, motion carried. 

     Moved Larson, seconded Tucker, to discuss Resolution 2019-12.  Fayette Fire Chief Jason Rohde was present to advise the council that the Fayette Fire Department’s Constitution and By-Laws had not been updated for over 20 years.  Rohde advised nothing serious was changed, just clarifying some wording.  Moved Wulfekuhle, seconded Larson, to adopt Resolution 2019-12: Accepting and adopting the Fayette Fire Department’s Constitution and By-Laws.  Roll call, all ayes, motion carried.

     Moved Larson, seconded Tucker, to discuss and consider purchasing a new mobile car radio for the 2017 Ford Explorer.  Chief Davis explained the importance of the radio and that it was budgeted.  Moved Tucker, seconded Wulfekuhle, to approve the purchase of a new mobile radio for the 2017 Ford Explorer at the cost of $728 from the police account, as budgeted.  All ayes, carried.

     Moved Wulfekuhle, seconded Larson, to discuss and consider purchasing three body armor vests.  Chief Davis explained the importance of the vests and that he has applied for a grant where the Department of Justice will reimburse the city for 50% of the costs of the vests.  Moved Larson, seconded Tucker, to approve the purchase of three new body armor vests for the police department, out of the police account, as budgeted.  All ayes, carried.

     Moved Larson, seconded Wulfekuhle, to discuss Ordinance 505.  The ordinance changes the water and sewer capital fund fee.  McGrane shared spreadsheets that the council had requested he put together at the last council meeting.  The spreadsheets showed some examples of amounts if the city switched to a 1% or 2% fee per cubic foot, with a minimum of $3 and a maximum of $100, $75 and $50 fee.  Currently the city is charging a $10 flat fee on every bill.  The council discussed about switching from a flat fee to a percentage, would make it fairer to the consumers.  Some council members felt the few businesses in town that use a significant amount of water shouldn’t have to spend thousands of dollars each month towards the capital fund because it could hurt their business with such a significant increase.  Those council members felt the city should put a maximum amount on it.  After further discussion, moved Tucker, seconded Wulfekuhle, to approve the first reading of Ordinance 505, an ordinance that would amend a portion of Chapters 92 and 99 to adjust the water and sewer infrastructure/administration fee from a flat $10 fee per month, per account, to a 2% of total cubic feet used per month, per account, with a minimum charge of $3 per month and a maximum charge of $100 per month.  Roll call, Tucker and Wulfekuhle – ayes, Larson – nay.  Motion failed.

     Moved Wulfekuhle, unanimous, to adjourn at 6:44pm.

REGULAR COUNCIL MEETING

June 17, 2019

     The City Council of the City of Fayette, Iowa, met on Tuesday, June 11, 2019, at 7pm for a work session to discuss water rates, sewer rates, the water/sewer capital improvements fees and housing incentives.  The work session adjourned at 8:22pm.

     The City Council of the City of Fayette, Iowa, met Monday, June 17, 2019, at 6pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Cowley, Larson, Nefzger, Tucker and Wulfekuhle.

     Moved Nefzger, seconded Cowley, to approve the consent agenda items consisting of the regular meeting minutes of 6/3/19, the claims list of 6/4/19 – 6/17/19 and the financial reports for March, April and May of 2019.  Roll call, all ayes, motion carried.

     Treasurer’s Balance for Fund Accounts as of March 31, 2019: Total March Receipts: $91,788.91 (General $21,556.07; Streets $11,783.51; Employee Benefits $2,714.52; Local Option Sales Tax [LOST] $8,228.10; TIF $107.61; Revolving Loan $1,084.94; Bolger $4,066.46; Library Fund $4.81; Water $15,666.27; Water T&A $150; Sewer $25,352.11; Water/Sewer Capital $248.61; Storm Water $825.90). Total March Disbursements: $86,080.40 (General $33,338.58; Streets $5,309.03; Employee Benefits $10,054.77; Library Fund $20; Water $7,816.30; Water T&A $625; Sewer $9,315.37; Sewer Project $19,510.34; 9 S. Main St $91.01).  Transfers in: Sewer Fund $9,575.50; Transfers out: Sewer $9,575.50. Treasurer’s Balance: $3,220,735.14.

     Treasurer’s Balance for Fund Accounts as of April 30, 2019: Total April Receipts: $364,096.51 (General $135,264.25; Streets $7,281.98; Employee Benefits $37,700.63; Local Option Sales Tax [LOST] $8,228.10; TIF $27,811.35; Revolving Loan $1,084.76; Bolger $23,330.36; Library Fund $4.65; Water $45,032.72; Water T&A $600; Sewer $72,132.34; Water/Sewer Capital $4,165.38; Storm Water $1,459.99). Total April Disbursements: $102,494.41 (General $41,005.34; Streets $11,144.30; Employee Benefits $9,199.23; CDBG LMI Housing $297.65; Revolving Loan $123.24; Water $15,637.43; Water T&A $532.41; Sewer $17,026.42; Sewer Project $7,375.96; 9 S. Main St $152.43).  Transfers in: Sewer Fund $9,575.50; Transfers out: Sewer $9,575.50. Treasurer’s Balance: $3,482,545.04.

     Treasurer’s Balance for Fund Accounts as of May 31, 2019: Total May Receipts: $151,312.38 (General $55,469.21; Streets $16,130.56; Employee Benefits $15,064.29; Local Option Sales Tax [LOST] $8,378.53; TIF $582.87; CDBG LMI Housing $1,103; Revolving Loan $1,085.19; Bolger $561.55; Library Fund $4.81; Water $17,368.79; Water T&A $1,050; Sewer $29,207.06; Water/Sewer Capital $4,649.78; Storm Water $656.74). Total May Disbursements: $153,644.96 (General $40,452.09; Streets $8,677.79; Employee Benefits $9,224.01; CDBG LMI Housing $306.94; Water $9,221.51; Water T&A $3,687.76; Sewer $15,745.19; Sewer Project $66,244.42; 9 S. Main St $85.25).  Transfers in: Sewer Fund $9,575.50; Transfers out: Sewer $9,575.50. Treasurer’s Balance: $3,479,793.02.

     Moved Cowley, seconded Wulfekuhle, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe explained that he had received Tim Wulfekuhle’s resignation from the Board of Adjustment because it was confirmed by our city attorney that the same person cannot serve on the Board of Adjustment and the Planning and Zoning Commission at the same time.  Tim Wulfekuhle was present and informed the council that he would like to resign from the Planning and Zoning Commission and stay on the Board of Adjustment.  Upon Mayor Wenthe’s recommendation, moved Nefzger, seconded Tucker, to appoint Brock Wissmiller to the Board of Adjustments.  Cowley, Nefzger and Tucker – ayes, Larson and Wulfekuhle – nays.  Motion carried.  

     Tim Wulfekuhle advised the council he would like to resign from the Planning and Zoning Commission effective immediately.

     Administrator/Clerk McGrane informed the council that city hall has been extremely busy with monthly utility billing.  McGrane has also started working with Access Systems preparing for the new server.

     Fayette Police Chief Davis updated the council on the National Night Out event scheduled for August. 

     Moved Tucker, seconded Cowley, to approve the Fayette Community Library Board of Trustees meeting minutes from 5/8/19.  All ayes, carried.

     Moved Cowley, seconded Wulfekuhle, to discuss and request a public hearing for the conveyance of an easement allowing Jared Hildebrand, 409 Jones Street, to build a deck upon city right of way.  Jared Hildebrand was present and explained he would like to take down the old deck (8’6”x16”) because it is old and falling apart and construct a new larger deck (12”x16”).  After discussion, moved Wulfekuhle, seconded Cowley, to schedule a public hearing at the next council meeting, Monday, July 1, 2019 at 6PM at Fayette City Hall for the conveyance at the cost of preparation of an easement allowing Jared Hildebrand to build a deck at the dimensions as the old deck (8’6”x16”) upon city right of way at the intersection of E. Madison St. and Jones St.  All ayes, carried.

     Moved Tucker, seconded Nefzger, to discuss Resolution 2019-9.  McGrane explained Chief Davis had requested adding a Patrol Sergeant during the FY2020 budget discussions and the council agreed at that time to move forward.  Davis drafted the job description based on the Police Chief’s job description.  Moved Nefzger, seconded Tucker, to adopt Resolution 2019-9: Adding the job description for the Police Patrol Sergeant.  Roll call, all ayes, motion carried.

     Moved Cowley, seconded Nefzger, to discuss Resolution 2019-10.  McGrane explained he added the Patrol Sergeant on the organizational chart, showing the proper chain of command.  Moved Tucker, seconded Cowley, to adopt Resolution 2019-10: Amending the City of Fayette Personnel Policy changing section 1 Organization by adding the Police Sergeant.  Roll call, all ayes, motion carried.

     Moved Nefzger, seconded Tucker to discuss the appointment of Fayette Officer Brian Waid to Patrol Sergeant.  Upon Chief Davis’ recommendation, moved Nefzger, seconded Cowley, to appoint Brian Waid as Patrol Sergeant.  All ayes, motion carried.

     Moved Nefzger, seconded Cowley, to discuss Ordinance 504.  The ordinance amends a portion of section 92.02 of water rates and section 99.02 of sewer service charges under Chapters 92 and 99 to increase the rates and fees.  In section 92.02, the monthly water rates will change from $12 (minimum bill) to $15 (minimum bill) for the first 150 cubic feet used per month and all over 151 cubic feet will change from $0.046 per cubic foot to $0.055 per cubic foot.  In section 99.02, the monthly sewer service charges will change from $18.45 (minimum bill) to $23 (minimum bill) for the first 150 cubic feet used per month and all over 151 cubic feet will change from $0.086 per cubic foot to $0.092 per cubic foot.  Moved Nefzger, seconded Cowley, to approve the first reading of Ordinance 504, an ordinance amending the code of ordinances of the city of Fayette, Iowa, by repealing and amending a portion of sections 92.02 of water rates and 99.02 of sewer service charges under chapters 92 and 99 to increase the rates and fees.  Roll call, all ayes, motion carried.

     Moved Cowley, seconded Larson, to discuss Ordinance 505.  The ordinance amends a portion of section 92.02 of water rates and section 99.02 of sewer service charges to adjust the water and sewer infrastructure/administration fee.  The council would like McGrane to provide more information if the fee was changed from a flat monthly fee to a percentage of usage, capping the total amount to 3500 cubic feet, 4500 cubic feet, 5000 cubic feet and a few other examples.  Moved Wulfekuhle, second Cowley, to table the discussion on Ordinance 505.  All ayes, motion carried.

     Moved Cowley, seconded Nefzger, to discuss and consider adding a hotel and motel tax to the ballot at the next city election.  McGrane provided information from the Iowa League of Cities and the Iowa Dept. of Revenue about the hotel and motel tax, the other cities and unincorporated areas in Iowa who currently have the hotel and motel tax, as well as their current rates and a history of the revenue they brought in.  John Kelley, Doug McReynolds, Clarissa Videgar and Tim Wulfekuhle advised the council they were not in favor of adding the hotel and motel tax to the ballot.  A few reasons they presented to the council included: it could deter people from staying at the hotel in Fayette which decreases the chances of the guests visiting other local businesses, there are only two or three places in town that would have to add the tax which is singling them out, and the city doesn’t have enough tourist attractions bringing people into town.  Nefzger thought the hotel and motel tax could be another revenue for the city to help repair the streets or the storm water drainage issues we have in town.  After discussion, no action was taken.

     Moved Tucker, seconded Cowley, to discuss the Fayette County Economic Development.  McGrane and Wenthe updated the council that the Fayette County Supervisors are planning on contracting with RC&D to handle Fayette County’s Economic Development and ending the contract with Upper Explorerland.  No action was taken.

     Moved Larson, seconded Nefzger, to discuss the American Tower Company’s contract renewal.  McGrane had provided the council with the recent communication between an account manager with American Tower Corporation and himself.  American Tower Corporation asked the council to provide a counter offer if the council didn’t like the proposal.  The council would not like to discuss renewing the contract until there is 5 years left on the lease.  No action was taken.

     Moved Tucker, seconded Cowley, to discuss adjusting the new commercial and residential construction incentives.  McGrane presented some of the incentives that were discussed at the last work session.  The council provided additional suggestions for McGrane to put together to present at the next council meeting.  No action was taken.

     Moved Nefzger, unanimous, to adjourn at 7:35pm.

REGULAR COUNCIL MEETING

June 3, 2019

     The City Council of the City of Fayette, Iowa, met Monday, June 3, 2019, at 6pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Cowley, Larson, Nefzger, Tucker and Wulfekuhle.

     Moved Cowley, seconded Wulfekuhle, to approve the consent agenda items consisting of the regular meeting minutes of 5/6/19, with the addition of “Nefzger abstained” on the vote reappointing Jeff Potratz to the Board of Adjustment for a 3-year term, and the claims list of 5/21/19 – 6/3/19.  Roll call, all ayes, motion carried.

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

     Mayor Wenthe informed the council that Administrator/Clerk Kris McGrane and he worked on a press release promoting our new businesses in Fayette and the Revolving Loan Fund.  The Fayette Leader printed the release and the Cedar Rapids Gazette is planning on running a story in an upcoming issue.

     Administrator/Clerk McGrane told the council the S. Main St. bridge joint repair was completed over the weekend.  McGrane attended the HWY 150 Coalition meeting on 5/29 at the Fayette Community Library.

     Fayette Police Chief Davis updated the council on the National Night Out event scheduled for August. 

     Moved Larson, seconded Cowley, to approve the Fayette Recreation Board meeting minutes from 5/6/19.  The council requested McGrane to promote Cardinal Park on Facebook more.  All ayes, carried.

     Moved Larson, seconded Wulfekuhle, to approve the Fayette Board of Adjustment meeting minutes from 5/23/19.  All ayes, carried.

     Moved Cowley, seconded Nefzger, to discuss and consider vacating part of the city right-of-way to Jared Hildebrand at 409 Jones Street.  Hildebrand advised he would like to construct a 10’ x 12’ addition to the south side of his house where the current deck is located.  Hildebrand had attended the last Board of Adjustment (BOA) meeting, where the BOA recommended the city council sell the minimum amount of city right-of-way to Hildebrand, so a variance would not be needed.  The council discussed having Hildebrand get a survey of his property, so he would know exactly how much of the city right-of-way he would need to purchase from the city.  The council recalled our city attorney does not recommend vacating or selling any city rights-of-way because the property may be needed for future utilities.  After discussion, moved Nefzger, seconded Cowley, to not allow vacating the property but to grant an easement at Hildebrand’s expense, similar to what was recently done with the Fayette County Food Shelf expansion, and request the Board of Adjustment meet again to reconsider Hildebrand’s request.  All ayes, carried.

     Moved Tucker, seconded Wulfekuhle, to discuss and consider approving Lyle and Valerie Buehler’s Demolition Incentive.  The council reviewed the receipts provided and clarified that the incentive is only for the demolition costs and does not include costs of street excavation, grass seed, gravel, etc.  McGrane will provide the demolition receipt/invoice at a future meeting.  No action was taken.

     Moved Cowley, seconded Nefzger, to discuss the approval of partial pay estimate number 7 to Tschiggfrie Excavating.  Moved Nefzger, seconded Cowley, to approve partial pay estimate number 7 to Tschiggfrie Excavating for the Sanitary Sewer Repair and CIPP Lining Improvements project 16-137 Division 1 contingent upon receipt of all necessary Davis-Bacon wage documentation by UERPC. All ayes, carried.

     Moved Nefzger, seconded Tucker, to discuss and consider employee pay increases for FY2020.  After discussion, moved Larson, seconded Nefzger, to have all cost-of-living increases take effect on July 1^st, 2019, and all the years-of-service step increases on the wage scale to take effect on the employee’s anniversary date.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss water and sewer rates and the capital fund fee.  McGrane shared spreadsheets with the council showing the income for water and sewer over the last few months, since switching to monthly billing.  The spreadsheets show the water and sewer funds have a slight decrease in revenue each month with the additional money going into the water and sewer capital improvements fund.  McGrane also showed examples of what it would look like if we switched the capital improvements $10 flat fee per bill to a 1% or 2% fee per cubic foot, as the council had requested at a prior meeting.  McGrane advised the council that we expected we would probably have to adjust the minimums and rates slightly once we had a few months to look at.  Some users may not see much of a change to their bills because we would be distributing the costs differently which may not cause some total utility bill amounts to change.  After discussion, the council decided to set-up a work session next week to continue to look at the rates.  McGrane will reach out to the council and choose a date that works best for the majority.  No action was taken.

     Moved Larson, seconded Tucker, to discuss the water drainage in the 500 block of Mechanic Street.  At a previous meeting, the council had requested McGrane to look if the city had any documentation of what was required for CJ Construction to do for the storm water drainage when constructing the condominiums.  McGrane advised the Deputy Clerk had been looking but has been unable to find anything.  Jerry Hildebrand, the Public Works Director, believes that CJ Construction had met all the requirements.  Hildebrand does not think the storm water is running across Mechanic St. anymore since the street was re-blacktopped a couple years ago and a 2-inch crown was put in the middle of the road.  Nefzger suggested the city continues to monitor the issue.  Wulfekuhle thought the property owners on the east side of Mechanic Street could dig out a ditch to help retain the water since the driveways on the west side are already completed.  Wulfekuhle also advised the city needs to consider storm water drainage issues for future developments to avoid this issue occurring again.  Tucker mentioned if they continue to have issues in that area, she heard of other options during the flood mitigation meetings she attended that the city could consider, such as having a grassy area or more vegetation.  After further discussion, no action was taken.

     Moved Nefzger, unanimous, to adjourn at 8:00pm.

REGULAR COUNCIL MEETING

May 20, 2019

     The City Council of the City of Fayette, Iowa, met Monday, May 20, 2019, at 6pm in Fayette City Hall pursuant to law and rules of said council, Mayor Pro-Tem Nefzger presiding.

     Roll call: Present - Council members Cowley, Larson, Nefzger, Tucker and Wulfekuhle.

     Moved Larson, seconded Cowley, to approve the consent agenda items consisting of the regular meeting minutes of 5/6/19, the claims list of 5/7/19 – 5/20/19, the February 2019 financial reports, approve the renewal of a class C liquor license with catering privilege and Sunday sales for Upper Iowa University/Aramark, and approve the renewal of a class E liquor license with the Class B native wine permit, class C beer permit and Sunday sales for the Pumper.  Roll call, all ayes, motion carried.

     Treasurer’s Balance for Fund Accounts as of January 31, 2019: Total January Receipts: $236,851.34 (General $68,851.29; Streets $14,598.52; Employee Benefits $316.27; Local Option Sales Tax [LOST] $8,762.43; Revolving Loan $1,049.12; Bolger $160.23; Library Fund $4.81; Water $54,677.51; Water T&A $1,125; Sewer $85,668.53; Storm Water $1,637.63). Total January Disbursements: $115,414.94 (General $47,588.14; Streets $8,235.68; Employee Benefits $11,165.24; CDBG LMI Housing $289.70; Revolving Loan $12,637.35; Water $16,605.03; Water T&A $417.42; Sewer $18,174.13; Sewer Project $238.32; 9 S. Main St $63.93).  Transfers in: Sewer Fund $9,575.50; Transfers out: Sewer $9,575.50. Treasurer’s Balance: $3,278,740.49.

     Treasurer’s Balance for Fund Accounts as of February 28, 2019: Total February Receipts: $56,739.29 (General $10,929.59; Streets $14,467.11; Employee Benefits $440.23; Local Option Sales Tax [LOST] $8,228.10; TIF $17.81; Revolving Loan $6,964.72; Bolger $125.24; Library Fund $4.35; FEMA $7,390.29; Water $3,570.48; Water T&A $225; Sewer $4,275.32; Storm Water $101.05). Total February Disbursements: $120,530.13 (General $34,935.68; Streets $8,634.01; Employee Benefits $9,395.93; CDBG LMI Housing $905.64; Revolving Loan $777.09; Bolger $113.29; Water $12,272.88; Water T&A $32.58; Sewer $15,272.16; Sewer Project $38,023.61; 9 S. Main St $167.26).  Transfers in: Sewer Fund $9,575.50; Transfers out: Sewer $9,575.50. Treasurer’s Balance: $3,214,818.83.

     Moved Larson, seconded Cowley, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe was not in attendance, but in his written report Wenthe recommended reappointing Jeff Potratz to the Board of Adjustments for a 3-year term.  Moved Wulfekuhle, seconded Larson, to reappoint Jeff Potratz to the Board of Adjustments for a 3-year term.  All ayes, carried.

     Administrator/Clerk McGrane informed the council the S. Main Street bridge joint repair is now tentatively scheduled for Friday, 5/24 and work will continue through the weekend.  The bridge will be closed during that time. Since it is a holiday weekend, it may get pushed back another week.  McGrane and Jerry Hildebrand met with the Tree Board for their first meeting on 5/8.

     Fayette Police Chief Davis updated the council on the National Night Out event scheduled for August.  Davis advised Officer Stone Allen finished the academy and advised of changes to the officer’s schedule for the summer. 

     Moved Larson, seconded Cowley, to approve the Fayette Tree Board meeting minutes from 5/8/19.  All ayes, carried.

     Moved Larson, seconded Wulfekuhle, to discuss and consider awarding a CPA firm to perform the City’s required annual exam.  Three bids were received: Hogan & Hansen, PC (Waterloo) $4,725; O’Connor, Brooks & Co, PC $4800 and T.P. Anderson & Co, PC (Humboldt) $4900.  After a brief discussion, moved Tucker, seconded Wulfekuhle, to award Hogan & Hansen, PC to perform the City’s required annual exam for the year ending 6/30/19.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss and consider pledging money to the NEIA Regional Housing Trust Fund.  After discussion, moved Wulfekuhle, seconded Larson, to pledge $2,000 out of the Bolger fund to the NEIA Regional Housing Trust Fund to be used as matching funds for the Iowa Finance Authority funding application to be used in the City of Fayette only.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss and consider accepting the agreement for services for occupational and employee medical care with Community Memorial Hospital out of Sumner.  After discussion, moved Larson, seconded Wulfekuhle, to approve the agreement for services for occupational and employee medical care with Community Memorial Hospital out of Sumner after clarifying that we may utilize other hospitals and clinics in the area as well and are not required to only use them.  All ayes, carried. 

     Moved Wulfekuhle, unanimous, to adjourn at 6:26pm.

REGULAR COUNCIL MEETING

May 6, 2019

     The City Council of the City of Fayette, Iowa, met Monday, May 6, 2019, at 6:01pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Cowley, Larson, Nefzger, Tucker and Wulfekuhle.

     Moved Cowley, seconded Larson, to approve the consent agenda items consisting of the regular meeting minutes of 4/15/19 and the claims list of 4/16/19 – 5/6/19.  Roll call, all ayes, motion carried.

     Moved Tucker, seconded Cowley, to approve the agenda as presented. All ayes, carried.

     Mayor Wenthe advised the council the Fayette County Supervisors have made the decision to not provide funding to the Fayette County Economic Development Commission (FCEDC) and he doesn’t see how it will be able to move forward in the future without their funding.  Wenthe is currently the city of Fayette’s representative on the FCEDC.  Wenthe advised they will be meeting and doing a final audit and conducting an inventory of all the assets.  They will also be working with the Fayette County Supervisors on what their plan is for county-wide economic development.  Whatever funds that will be left over will go towards a severance pay for the employees and cities may receive some funds back. 

     Mayor Wenthe recommended appointing Brock Wissmiller to the Board of Adjustments. Wulfekuhle recommended appointing Tim Wulfekuhle because he serves on the planning and zoning board and helped with the City Code making him more knowledgeable for this board.  Moved Larson, seconded Cowley, to appoint Tim Wulfekuhle to the Board of Adjustments for a five-year term.  Cowley, Larson, Tucker – ayes, Nefzger nay, Wulfekuhle abstained.  Motion carried.

     Upon Mayor Wenthe’s recommendation, moved Cowley, seconded Wulfekuhle, to appoint Darwin Dean to the Board of Adjustments for a five-year term.  All ayes, carried.  Upon the Fayette EMS/Ambulance Service recommendation, moved Wulfekuhle, seconded Cowley, to appoint Kyara Dahlstrom to the Fayette EMS/Ambulance Service.  All ayes, carried.  Upon the Fayette EMS/Ambulance Service recommendation, moved Cowley, seconded Larson, to appoint Johnathan Garcia to the Fayette EMS/Ambulance Service.  All ayes, carried.

     Administrator/Clerk McGrane informed the council the S. Main Street bridge joint repair is tentatively scheduled for Friday, 5/17 and work will continue through the weekend.  The bridge will be closed during that time.  McGrane also provided information on the legislation updates including the property tax bill that relates to local government budgets and the taxation of property by modifying how city and county budgets are established and approved.  The next Highway 150 Coalition meeting will be held on 5/29 at the Fayette Community Library.  The IA Dept of Management will hold four, free workshops covering urban renewal areas and tax increment financing around Iowa.  McGrane shared the dates and locations to council members if they are interested in attending.

     Fayette Police Chief Davis updated the council on the National Night Out event scheduled for August.  Davis said they have Gundersen Health System’s helicopter, a Fire Safety Trailer and music scheduled for the event, so far. 

     Moved Larson, seconded Tucker, to discuss and consider drafting a contract for a temporary business at 9 S. Main Street.  Jake Dale and Clayton Lieb, UIU students, were present and advised they had started a business last fall called Driftless Area Guide Co.  They offer outdoor apparel and a guide service for the Driftless region to promote the bluffs, cold-water trout streams and other tourist information.  They would like to have a downtown store front for the month of September through November to sell their apparel and offer their guide services.  Wenthe and McGrane had met with Dale and Lieb earlier and had suggest they come to the council to inquire about the vacant building at 9 S. Main Street.  Wenthe and McGrane explained they could use this as an experiment to try an incubator or pop-up store.  The idea is to have a month-by-month contract where the renter is responsible to pay for all the utilities plus a small percentage of profits.  The idea is to give a low-cost place for people to experiment and try-out their business and determine if its something they would want to pursue in the future.  Moved Nefzger, seconded Wulfekuhle, to move forward with gathering information and drafting a contract to host a temporary renter in the 9 S. Main Street building.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss the contract change order number 4 for the Sanitary Sewer Repair and CIPP Lining Improvements project, division 1.  Moved Tucker, seconded Nefzger, to approve the contract change order number 4 for the Sanitary Sewer Repair and CIPP Lining Improvements project 16-137 division 1.  All ayes, carried.

     Moved Cowley, seconded Larson, to discuss the approval of partial pay estimate number 6 to Tschiggfrie Excavating.  Moved Nefzger, seconded Wulfekuhle, to approve partial pay estimate number 6 to Tschiggfrie Excavating for the Sanitary Sewer Repair and CIPP Lining Improvements project 16-137 division 1 contingent upon receipt of all necessary Davis-Bacon wage documentation by UERPC.  All ayes, carried.

     Moved Nefzger, seconded Larson, to discuss Resolution 2019-8.  Moved Wulfekuhle, seconded Larson, to approve Resolution 2019-8: Accepting the project and approving payment of partial payment number 4 (final) to Visu-Sewer for the Sanitary Sewer Repair and CIPP Lining Improvements project 16-137B, division 2.  Roll call, all ayes, carried.   

     Moved Cowley, seconded Tucker, to discuss purchasing a mower at the cost of $5,922 using finances from the Parks savings account.  Public Works Director Jerry Hildebrand advised he had planned to purchase this next year, but we need the mower sooner.  Hildebrand received a quote from P&K Midwest in Sumner for $5,922 (includes trade-in) and a quote from Bodensteiner Implement in Oelwein for $6,396.95 (includes trade-in).  Moved Larson, seconded Wulfekuhle, to purchase a new mower from P&K Midwest in the amount $5,922 out of the Parks savings account.  All ayes, carried.

     Moved Tucker, seconded Cowley, to discuss options to spend donations from Floyd Alber.  A few options to use the money for included the Community Garden and the Freedom Rock.  Wulfekuhle also suggested using the money to purchase a digital sign for the city.  Wulfekuhle shared that the Community Garden and Main Street Matters are joining together, and the city had budgeted $1,000 that they plan on using but would like an additional $500.  After discussion, moved Wulfekuhle, seconded Cowley, to use $500 of the Floyd Alber donation to the Community Garden and Main Street Matters committee.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss adjusting the monthly water/sewer capital fund fee.  McGrane had provided some information from surrounding communities that currently charge water and/or sewer capital fund/infrastructure fees and the majority charge the fee per meter/bill.  Hildebrand suggested charging a percentage of usage per meter/bill that would go toward the capital fund fee to make it fair.  McGrane advised he can work on some figures to show the council how a percentage system would work at a future meeting.  No action was taken.

     Moved Cowley, seconded Tucker, to go into closed/executive session per Iowa Code 21.5(1)(j) to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the City would have to pay for that property or reduce the price the City would receive for that property.  All ayes, carried.

     Moved Nefzger, seconded Wulfekuhle, to go out of closed session.  All ayes, carried.

     Moved Nefzger, unanimous, to adjourn at 7:30pm.

REGULAR COUNCIL MEETING

April 15, 2019

     The City Council of the City of Fayette, Iowa, met Monday, April 15, 2019, at 6:00pm in Fayette City Hall pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Cowley, Larson (6:08pm), Nefzger, Tucker and Wulfekuhle.

     Moved Cowley, seconded Tucker, to approve the consent agenda items consisting of the regular meeting minutes of 4/1/19 and the claims list of 4/2/19 – 4/15/19.  Roll call, all ayes, motion carried.

     Moved Tucker, seconded Cowley, to approve the agenda as presented. All ayes, carried.

     Upon Mayor Wenthe’s recommendation, moved Cowley, seconded Nefzger, to appoint Susan Scott to the Upper Explorerland Regional Housing Authority Board for a three-year term, until 1/1/22.  All ayes, carried.

     Mayor Wenthe advised the council we need two citizens to serve on the Board of Adjustments. 

     Moved Tucker, seconded Nefzger, to approve the Fayette Community Library Board of Trustees meeting minutes from 3/13/19.  All ayes, carried.

     Moved Cowley, seconded Wulfekuhle, to approve the Fayette Board of Adjustment meeting minutes from 3/28/19.  All ayes, carried.

     Moved Cowley, seconded Tucker, to discuss and consider closing off the 100 block of S. Main Street for the Fayette Show and Shine Car Shows on the 3^rd Thursday of the month.  Lloyd Carnicle advised he started this in 2013 and would like to continue to organize the car show again this year between May and September.  Moved Nefzger, seconded Wulfekuhle, to approve closing the 100 block of S. Main Street from 5:30PM to 9PM on the 3^rd Thursday of the month starting in May until September of 2019 for the Fayette Show and Shine Car Shows.  All ayes, carried.

     Moved Nefzger, seconded Cowley, to discuss and consider Hawkeye Telephone to continue to expand the fiber network around Fayette.  Craig Schmidt with Hawkeye Telephone advised this summer they would like to expand the fiber network in Fayette and build up the main line which would cover S. Main Street.  Once they get the main line down, they will contact the businesses to find out if they are interested in hooking up to the fiber network for internet and phone.  In the future, they would choose sections of town to expand the network into.  The work this summer would include underground boring.  Schmidt estimates the work would start in about two or two and half months.  Moved Nefzger, seconded Larson, to approve Hawkeye Telephone to continue to expand the fiber network project this summer.  All ayes, carried.

     Moved Larson, seconded Cowley, to discuss and consider forgiving some water and sewer charges for 502 E. Madison Street.  Kevin Lehs (owner of 502 E. Madison St.) explained this is a rental home and he stops down monthly to perform regular maintenance for the house.  He also walks through to make sure there is nothing leaking, or any problems and he hasn’t seen anything leaking over the last year.  The water usage was almost 4 times higher for the December through February quarter.  Lehs did replace a dishwasher during this time but he said it wasn’t because it was leaking.  The monthly March usage seemed accurate.  The Public Works ran a report for Lehs and the council that showed the daily usage for that residence from 2/27/19 through 4/1/19 and it appeared to show normal usage.  The report only went back to 2/27, so the city couldn’t determine when the previous high usage occurred during that quarter.   After further discussion, no action was taken.

     Moved Cowley, seconded Larson, to discuss the building permit for 509 Franklin Street.  Kevin Lehs (owner of 512 W. Water St.) and Jeff Potratz (owner of 509 Franklin St.) were both in attendance.  Lehs advised he believes the garage that was built at 509 Franklin St. is out of compliance with the building permit because the permit states a 15 foot rear yard set-back and it appears to only be about a 13 foot rear yard set-back.  Lehs advised the Board of Adjustment approved a 13 foot rear yard set-back but they could not do that because the variance request was for a 15 foot rear yard set-back.  McGrane advised Lehs pointed that out a few days after the Board of Adjustment meeting last summer and McGrane checked with the City Attorney and Lehs was correct, Potratz could only have a 15 foot rear yard set-back.  McGrane notified Potratz to advise him of this before he started building the garage.  Potratz advised he built the garage with a 16 foot rear yard set-back, but with a one foot roof overhang so he is in compliance with the 15 foot rear yard set-back.  Lehs believes the city ordinance may be deficient because if someone builds a huge building on the top of a hill, it contributes to the water at the bottom of the hill because it takes away a lot of green space.  Lehs suggested having a certain amount of green space per yard for watershed.  Potratz advised he has one of the ease spouts for the new garage that runs to the front of the garage that will drain down the driveway into the street.  Potratz is still working on some landscaping around the garage to also help with slowing the water down.  Wenthe advised he recommends passing this information on to the Board of Adjustments, so they consider these suggestions when approving future permits and if they have any recommendations on changing the city code to let the council know.  No action was taken.

     Moved Tucker, seconded Larson, to discuss and consider accepting the written RFP to engage a CPA firm to perform the City’s required annual examination for the year ending June 30, 2019.  After discussion, moved Larson, seconded Wulfekuhle, to approve and accept the written RFP as presented.

     Moved Cowley, seconded Nefzger, to discuss donations from the late Floyd Alber.  The city has currently received $17,376.41 from United Life Insurance Company (one lump sum), $4,559.24 from Farm Bureau Life Insurance (first payment of five over the next five years) and $33.49 from the Lutheran Church-Missouri Synod Foundation (first quarterly payment that the city will receive over the next twenty years designated specifically for the Fayette Community Library).  Mayor Wenthe advised the council to think of suggestions on how to spend the money.  Wulfekuhle mentioned about possibly using some of the money for the Fayette Community Garden.  No action was taken.

     Moved Wulfekuhle, seconded Cowley, to discuss and consider planning a National Night Out event in Fayette.  Police Chief Davis has received support from the Fayette Fire Department and Fayette Ambulance Service and is still waiting to hear back from other area law enforcement agencies.  Davis would like approval from the council to move forward so he can form a planning committee.  The event would be held on Tuesday, August 6^th.  Moved Nefzger, seconded Tucker, to move forward with the National Night Out event and start a planning committee.  All ayes, carried.

     Moved Cowley, seconded Larson, to discuss Ordinance 503, amending chapters 92 and 99.  The changes include changing the word “quarterly” to “monthly” in Chapter 99 and making the utility bills be due by 8AM on the 16^th of the month, instead of the 15^th.  Moved Tucker, seconded Wulfekuhle, to waive the second reading of Ordinance 503.  Roll call, all ayes, carried.  Moved Nefzger, seconded Wulfekuhle, to approve the third and final reading of Ordinance 503, amending the code of ordinances of the city of Fayette, Iowa, by repealing and amending specific sections in chapters 92 and 99 to adjust or add rates, fees, and other changes including billing monthly for water and sewer.  Roll call, all ayes, motion carried.  

     Moved Nefzger to adjourn at 7:04pm.