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ACKLEY CITY COUNCIL met in regular session May 8, 2019 in the Ackley City Hall Council Chambers with Mayor Erik Graham presiding. The meeting was called to order at 7:00 p.m. Council members present: Robert Harms, Pat Hurt, Joe Wessels, Judy Crawford, and Pat Daggs. Absent: None. Quorum present.

Hurt moved, Daggs seconded, to approve the May 8, 2019 Agenda as listed. Ayes-All. Motion carried.

Hurt moved, Harms seconded, to approve the Consent Agenda by one motion: a) April 8, 2019 Special Meeting; April 10, 2019 Regular Meeting Minutes as written. b) Bills approval authorizing payment of bills and transfers as listed. c) Place Reports on file: April 2019 Clerk Bank Reconciliation/Cash Report/Treasurer Report; April 2019 Clerk Budget Reports; April 2019 Deputy Clerk Utility Billing Reconciliation; April 2019 Fire Report; April 2019 Ambulance Report. Ayes-All. Motion carried.

Crawford moved, Daggs seconded, to adopt Resolution No. 19-13 Consenting to Assignment of Trustee Agent Agreements; Escrow Agent Agreements; and/or Paying Agent and Registrar and Transfer Agent Agreements. Roll call vote: Ayes-Hurt, Wessels, Crawford, Daggs, Harms. Motion carried.

Harms moved, Daggs seconded, to set a public hearing for the FY19 Proposed Budget Amendment for May 28, 2019 at 4:00 p.m. Ayes-All. Motion carried.

Darius Rindels addressed the Council regarding the letter he received from the City stating he was in violation of city code for prohibited sanitary sewer discharge. Wessels moved, Harms seconded, to accept Rindels verbal agreement that he will hire someone annually to clean out the city manhole that is filling up with silt and sand from his car wash business and send the City a receipt as proof that it has been completed. Ayes-All. Motion carried.

Wessels moved, Crawford seconded, to set a public hearing for the first reading of proposed Ordinance No. 513 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 27.03, Pertaining to Historic Preservation Commission Structure of Commission for June 12, 2019 at 7:00 p.m. Ayes-All. Motion carried.

Harms moved, Wessels seconded, to approve the liquor license for the Ackley Recreation Club. Ayes-All. Motion carried.

Crawford moved, Daggs seconded, to approve payment to Christie Door for $2,804.00 for repairing the fire station overhead doors. Ayes-All. Motion carried.

Harms moved, Crawford seconded, to approve payment to the Ackley Development Commission for $3,966.38 for architectural services at 626 Main Street. Ayes-All. Motion carried.

Daggs moved, Wessels seconded, to approve payment to Municipal Pipe Tool for $303,900.56 for Sanitary Sewer Improvements Project-Phase 1 Pay Estimate No. 5. Ayes-All. Motion carried.

Wessels moved, Harms seconded, to approve the purchase of ambulance cot rails using Ambulance Reserve Funds for $4,991.86. Ayes-All. Motion carried.

Harms moved, Crawford seconded, to approve the appointment of Steve Scallon to fill the vacancy on the Planning & Zoning Commission with term effective May 8, 2019 and expiring December 31, 2023. Ayes-All. Motion carried.

Wessels moved, Daggs seconded, to approve the contract with the Iowa Economic Development Authority for the Community Catalyst and Building Remediation Grant in the amount of $100,000. Ayes-All. Motion carried.

Discussion was held on changes to various ordinance codes in preparation of the codification of the Code of Ordinances.

Updates were given on nuisance properties. Wessels has still been unable to get additional bids for the demolition of the church at 420 State Street. Hurt moved, Harms seconded, to remove 702 1 st Avenue from future agendas, but to have a citation issued and Chief Brian Shimon to follow up with the property owner. Ayes-All. Motion carried.

Angela De La Riva, Economic Development Director, gave highlights on her Director’s Report. She also updated the Council on a couple of old business items stating that at this time there is no longer a party interested in purchasing a lot in the industrial park. She also reported that the ADC is still interested in obtaining additional revolving loan funds and is waiting for direction from bond counsel.

City Engineer Lee Gallentine presented the two bids again that were received for the 2019 Water Main Extension, 2019 Storm Sewer Extension, City Hall Sidewalk Replacement, and City Hall Storm Sewer Replacement. The engineer’s estimate was $290,000. The total of the lowest base bids was $365,754 from Cole Excavating, LLC. Gallentine had talked to the contractor to see if he was open to changes to the bid. The contractor stated he would take off $26,750 for seeding and traffic control. Wessels moved, Crawford seconded, to reject all bids and rebid the project in December. Ayes-All. Motion carried. Gallentine reported that building permits are all up to date.

Updates were given on old business. Deputy Clerk Malena Dennis informed the Council that in regards to an agreement with the City to help collect delinquent parking tickets in conjunction with the renewal of vehicle registrations, Butler County has still not responded; Hardin County

is looking into a different agreement to put stops on registrations, but not collect fees; and Franklin County is waiting to see what Hardin does. Clerk Kelly DeBerg informed the Council that City Attorney Mike Smith has drafted the resolution for the industrial park plat, but it was received too late for this agenda. DeBerg stated that she is waiting for direction from bond counsel on how to proceed with the 4 County Seed Innovations development agreement. Wessels stated that the heating and cooling engineer that Carstens consulted with for heat register valves and other options for City Hall came back with solutions that were too extreme. Harms moved, Wessels seconded, to assess all expenses that the City has incurred for the 728/734 Main St Project to the property owner. Ayes-All. Motion carried. No new information was presented on health insurance options. Crawford will try to set up something with some other agents. Daggs mentioned that the siren repair was addressed in the monthly fire report in the consent agenda and that they will be replacing some shingles on the ambulance shed at a cost of $300.

Daggs asked for guidance on a tree in the right of way at her property that was not dead, but was heaving the sidewalk. Council choose to leave it up to police discretion as to whether removing it would be in violation of the ordinance or proper maintenance due to the effect on the sidewalk. Wessels stated that the community needs to understand that the situation in the 700 block of Main Street is not the City’s responsibility, but rather the property owner’s, and that the only way the City could obtain money to demolish the buildings would be to obtain a bond which would be repaid by the taxpayers.

Public Comments: Shimon stated that like in previous years a Dollars for Scholars police scholarship had been awarded. However, previously this was funded by Lexer, so he was asking if the City could pay for it this year. The Public Safety Committee will look into it. Crawford mentioned that she had registered for an economic development class that will be held in Parkersburg.

With no further discussion, Wessels moved, Harms seconded, to adjourn at 8:24 p.m. Ayes-All. Motion carried.

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