ACKLEY CITY COUNCIL met in regular session, June 14, 2017, in the City Hall Council Chambers with Mayor Erik Graham presiding. The meeting was called to order at 7:00 p.m. Council members present: Al Jones, Joe Wessels, Dale Brass, Robert Harms and Sue Ibeling. Absent: None. Quorum present.
Ibeling moved, Jones seconded, to approve the June 14, 2017 Agenda as listed. Ayes-All. Motion carried.
Brass moved, Harms seconded, to approve the Consent Agenda by one motion: a) May 10, 2017 Regular Mtg; May 26, 2017 Special Mtg; May 30, 2017 1st Special Mtg; May 30, 2017 2nd Special Mtg Minutes as written b) Bills approval authorizing payment of bills and transfers as listed c) Place Reports on file: May 2017 Clerk Bank Reconciliation/Treasurer Report; May 2017 Clerk Budget Reports; May 2017 Deputy Clerk Utility Billing Reconciliation; May 2017 Ambulance End of Month Report. Ayes-All. Motion carried.
Wessels moved, Jones seconded, to open the public hearing at 7:03 p.m. on the disposal of real estate known as 403 and 422 Lincoln Avenue, Ackley, Iowa. Ayes-All. Motion carried. No oral or written comments or objections were received. Brass moved, Ibeling seconded, to close the public hearing at 7:04 p.m. Ayes-All. Motion carried.
Harms moved, Wessels seconded, to adopt Resolution No. 17-25 Authorizing Disposal of Property. Roll call vote: Ayes-All. Motion carried. This authorized the sale of 403 and 422 Lincoln Ave., Ackley to Pebworth Homes LLD for $500. Terms of the sale state that the buyer must rehabilitate all structures on the property and remove all nuisance items within 180 days or demolish all structures on the property within 180 days.
Harms moved, Ibeling seconded, to open the public hearing at 7:07 p.m. on the first reading of proposed ordinance No. 494 amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 135.13, Pertaining to Maintenance of Alleys, and Section 135.14, Pertaining to New Alleys. Ayes-All. Motion carried. No oral or written comments or objections were received. Ibeling moved, Jones seconded, to close the public hearing at 7:08 p.m. Ayes-All. Motion carried.
Harms moved, Wessels seconded, to approve the first reading of proposed ordinance No. 494 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 135.13, Pertaining to Maintenance of Alleys, and Section 135.14, Pertaining to New Alleys. Roll call vote: Ayes-All. Motion carried.
Ibeling moved, Brass seconded, to waive the second and third readings of said proposed Ordinance No. 494. Roll call vote: Ayes-All. Motion carried.
Wessels moved, Brass seconded, to adopt proposed Ordinance No. 494 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 135.13, Pertaining to Maintenance of Alleys, and Section 135.14, Pertaining to New Alleys. Roll call vote: Ayes-All. Motion carried. This made the current policy on alleys an ordinance.
Discussion was held regarding fireworks and the new state law. Lloyd Schriever expressed that while he enjoys fireworks, he would like to see the City make some rules that limit the days fireworks can be used so that it doesn’t interrupt the sleep of himself and others. Krista Dieken also expressed her love for fireworks, but that her main concern was the liability for the property of others should damage be caused by the fireworks. One of several suggestions was to require residents who wish to ignite fireworks to purchase a permit from the City and show proof of insurance. Chief Shimon stated that as of yet he is not aware of anyone violating the new state law. Mayor Graham commented that the new state law does have several restrictions on things such as age, time and days, but that there is also a lot of gray area. Wessels moved, Harms seconded, to table the discussion until the Council can review the state laws. Ayes-Jones, Wessels, Brass and Harms. Nays-Ibeling. Motion carried.
Council agreed that too much time has passed on the issue of the damage caused to Jeff Gronewold’s sidewalk during tree work that the City had hired Scallon’s Lawn Care to perform to know for sure what happened, but that the issue needed to be resolved the best they could. Brass moved, Ibeling seconded, for the City to pay Gronewold a sum of $346.88 to replace 16 feet of sidewalk and to bill Scallon’s Lawn Care for the same. Ayes-All. Motion carried.
Ibeling moved, Jones seconded, to adopt Resolution No. 17-23 Rezoning Property at 200 N Franklin Street. Roll call vote: Ayes-Jones, Wessels, Brass and Ibeling. Abstain-Harms. Motion carried. This rezoned said property from M-2 General Industrial to C-3 Light Commercial to allow for living quarters in the building on said property.
Jones moved, Wessels seconded, to set a Public Hearing for the first reading of Proposed Ordinance No. 495 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Chapter 165 to Further Define Building and Structure for July 12, 2017 at 7:00 p.m. Ayes-All. Motion carried. This ordinance states that storage containers and shipping containers are not considered buildings or structures.
Ibeling moved, Harms seconded, to set a Public Hearing for the first reading of Proposed Ordinance No. 496 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 165.25 to Allow the Use of Accessory Containers for July 12, 2017 at 7:00 p.m. Ayes-All. Motion carried. This ordinance states the circumstances that accessory containers may be used.
Harms moved, Brass seconded, to adopt Resolution No. 17-21 Setting Salaries and Wages for Employees of the City of Ackley, Iowa. Roll call vote: Ayes-All. Motion carried. These salaries and wages are per the budget discussions held earlier in the year for the upcoming fiscal year.
Harms moved, Jones seconded, to adopt Resolution No. 17-22 Setting the Compensation for the Ackley Volunteer Ambulance Service of the City of Ackley, Iowa. Roll call vote: Ayes-All. Motion carried. The compensation is what had been budgeted for the upcoming fiscal year.
Ibeling moved, Jones seconded, to adopt Resolution No. 17-24 Temporarily Closing Certain Street for the 2017 Sauerkraut Days Bus Pull. Roll call vote: Ayes-All. Motion carried. This will allow the closing of State Street from City Hall to the Library on July 8th from 1:30pm to 4:30pm.
Wessels moved, Harms seconded, to approve the following licenses and permits by one motion: Liquor License for Ackley Recreation Club, Beer Permit for Casey’s, Cigarette Permit for Casey’s, and Cigarette Permit for Ackley Super Foods. Ayes-All. Motion carried.
Harms moved, Ibeling seconded, to approve the Ackley Police Department Bullet Proof Vest Mandatory Wear Policy. Ayes-All. Motion carried.
Lee Gallentine, Ryken Engineering, presented the Council with Change Order No. 1 on the Water Tower Project in the amount of -$2,400. The change order is for removal of the manhole that was to be installed at balcony level. Wessels moved, Brass seconded, to approve Change Order No. 1 on the Water Tower Project. Ayes-All. Motion carried.
Gallentine informed the Council that contracts have been signed for the Library Sidewalk Project and that he is working with the contractors to close out the Industrial Park Roadway Project and the 2016 Street Project.
Gallentine presented to the Council Change Order No. 2 on the 2017 Sanitary Sewer Project in the amount of $1,915. The change order is for stainless steel pipe end seals. These are to prevent any leaks if the liner doesn’t adhere at the end. While they may not be needed, Gallentine feels that they are good insurance at a low cost compared to the cost of the project and considering it could cost $10,000 to dig up and replace if the ends did detach and leak. Ibeling moved, Brass seconded, to approve Change Order No. 2 on the 2017 Sanitary Sewer Project. Ayes-Jones, Brass, Harms and Ibeling. Nays-Wessels. Motion carried. Gallentine then explained that while work was being completed on the sanitary sewer lining, private sanitary sewer services were encountered that needed repair. Change Order No. 3 in the amount of $3,401.70 is to cover those repairs. Wessels moved, Harms seconded, to approve Change Order No. 3 on the 2017 Sanitary Sewer Project. Ayes-All. Motion carried.
Gallentine informed the Council that the DNR is willing to give the City extra time to complete work on the sanitary sewer system in town to reduce flow rates which will determine how big the new plant needs to be outside of town. Currently the permit is just for outside of town. The DNR wants the City to commit to the work in town by including it in the permit. Harms moved, Wessels seconded, to add the in town repairs to the DNR permit. Ayes-All. Motion carried.
Discussion was held regarding private curb stop repairs. The code of ordinances states that every residence needs to have an individual service with a curb valve in a public right-of-way so that service can be shut off for nonpayment. As services are discovered that do not comply with this ordinance, the City requests the property owner to correct or repair the service. However, after making this request to a residence, it was discovered that there are three residences that are on one line which used to be in a public right-of way until the alley was vacated. The resident is asking how they can correct their service to comply with the ordinance. Council agreed to have Jack Boelman, PeopleService, trace everything out and Gallentine will report back to the Council at the next regular meeting.
Council had voted at a prior special meeting to change to a different less expensive health insurance plan for the City employees. Mayor Graham explained to the Council that after that meeting it was discovered that the plan voted on was an HMO versus a PPO, which is what the City is currently on. Mayor Graham expressed that he would like to see the City go back to the PPO plan for the coming year and then, in an effort to save money, the Council could begin looking at alternatives for the following year, and discuss at next year’s budget meetings. Jones moved, Ibeling seconded, to stay with the same PPO health insurance plan for FY18 that the City is currently on. Ayes-Jones, Wessels, Brass and Ibeling. Nays-Harms. Motion carried.
Discussion was held among the Council regarding whether or not the City should move forward with new ordinances that would adopt the international building code, international residential code, international fire code, uniform plumbing code, and international mechanical code. City attorney Mike Smith has warned the Council that this is an extensive undertaking. Currently the City does not have an inspection mechanism in place to enforce such ordinances. Wessels stated that this whole idea came up because of one individual and that to proceed with the new ordinances would cost the taxpayers more money, and that Ackley is too small to have such ordinances in place. The Council agreed to forego the idea of the new ordinances and instead incorporate a statement in the building permit, which is currently under revision, that the applicant will adhere to state codes.
City Clerk DeBerg requested the Council’s approval to proceed with writing new ordinances that would require all utility services for each property be billed to one customer. Currently, with rental properties, the storm sewer charge is often billed to the landlord, and the remaining utilities are billed to the tenant. DeBerg explained that this makes it more difficult to bill and by putting all services on one bill it would save on supplies, postage and time. Mayor Graham asked that if this were to be implemented to publicize the change. Council agreed to have DeBerg proceed with the new ordinances.
Jefferson Fosbender, Economic Development Director, updated the Council on several items. He informed them that the ADC is working on getting electricity and gas to the remaining lots in the Industrial Park. They are also working through some issues with Smith in regards to the dilapidated property at 626 Main. Fosbender stated that he should have the focus group findings by June 16th, that he has received the results of the community survey, and that he has meet with the new interns and discussed with them potential projects. Jefferson informed the Council that he was resigning June 30th and that the ADC was actively looking for a replacement. He also stated that the tourism brochures had not been printed yet as they were waiting for The Heritage Center to receive their new phone number.
The Council and Mayor Graham gave old business updates. Wessels just received the new lease agreement from the Heritage Center today and had Smith review it. It will be put to vote at the July regular meeting. Wessels stated he has contacted two individuals to look at the lights at City Hall and one to look at the bathroom and heating. Gallentine reported that the committee has handled the intake situation at the end of 2nd Ave.
DeBerg gave updates on other old business. She is still waiting for Habitat for Humanity to draw up the deed for the lot they are donating to the City. A new ordinance regarding damage to landscaping in the right-of-way has not been completed yet, but DeBerg hopes to have it ready for the next regular meeting.
DeBerg informed the council that Sandy Scallon received a check for $2,150 from Hardin County EMS Council to reimburse the City for the training for two attendants that started this year on the ambulance crew.
Public Comments: None
With no further discussion, Harms moved, Jones seconded, to adjourn at 9:04 p.m. Ayes-All. Motion carried.
To view financials, click to download the complete minutes as a PDF.