REGULAR MEETING
February 14, 2024
ACKLEY CITY COUNCIL met in regular session February 14, 2024 in the Ackley Council Chambers with Mayor Michael Nuss presiding. The meeting was called to order at 6:00 pm. Council members present: Dan Scallon, Maliah Roelfs, Mike Abbas. Absent: Judy Crawford and Chuy Flores. Quorum present.
With the Mayor moving item #21 after item #14, Abbas moved, Scallon seconded to approve the February 14, 2024 agenda. Ayes-3. Absent-2. Motion carried.
Scallon moved, Roelfs seconded, to approve the Consent Agenda by one motion: a) January 10, 2024 Regular Minutes, as written. b) Bills approval, as listed. c) Place Reports on file: January 2024 Clerk Bank Reconciliation/Cash Report/Treasurer; January 2024 Clerk Budget; January 2024 Deputy Clerk Utility Billing Reconciliation; January 2024 Ambulance; January 2024 Fire, December 2023 PeopleService, January 2024 Ackley Development, 4th Quarter 2023 Investment Report and 4th Quarter 2023 Deputy Clerk Ambulance Write off Report. Ayes-3. Absent-2. Motion carried.
Councilman Chuy Flores arrived at 6:04 pm.
Clerk Dennis addressed council regarding finishing up a few budget concerns. Dennis informed Council regardless of budgeting a full department for police, there would be some expenses. Guidance requested and given to Clerk to not budget for Ackley Police Department nor a Code Enforcement Officer for the upcoming budget year, while council tries to figure out funding to support our own department in the future. Dennis updated council on the payoff of the 2020A GO Bond loan and the concern of street repairs and the Public Work’s red dump truck for future expenses. Council informed Dennis to budget for a garbage truck purchase for this next fiscal year. M. Clemons, Library Director, addressed council regarding the decrease in funding from Hardin and Franklin Counties due to House File 718.
Sherry McAfoos addressed the council regarding the use of the Civic Center or the city park for the Ackley Neighborhood Connection group at no charge. The resolution that addresses who can use those city facilities with no charge was presented. Roelfs inquired as to if the resolution can be changed. Dennis informed council that it could be changed but to keep in mind if the council changes it to be free to certain groups, they would be setting a precedence for others also. Roelfs questioned McAfoos if the group has looked into becoming a 501C3 entity. Council chose to leave the resolution as is and suggested some other facilities for the group to inquire on. Dennis informed McAfoos that the city park is free to anyone for use. It was the shelter house that would cost a fee.
Russ Ellingson, Ackley Neighborhood Watch, inquired to the Council on the purchasing of watch signs for the community. Abbas moved, Flores seconded to approve purchasing 8 neighborhood watch signs. Ayes-4. Absent-1. Motion carried.
Scallon moved, Roelfs seconded to open the public hearing for the second reading of proposed Ordinance No. 522 Amending Chapter 69 of the Code of the City of Ackley Pertaining to the No Parking Zones at 6:30 pm. Ayes-4. Absent-1. Motion carried.
No comments or concerns were made or received.
Abbas moved, Flores seconded to close the public hearing for the second reading of proposed Ordinance No. 522 Amending Chapter 69 of the Code of the City of Ackley Pertaining to the No Parking Zones at 6:31 pm. Ayes-4. Absent-1. Motion carried.
Scallon moved, Flores seconded to approve the second reading of proposed Ordinance No. 522 Amending Chapter 69 of the Code of the City of Ackley Pertaining to the No Parking Zones. Roll call vote: Ayes-Scallon, Flores, Roelfs, Abbas. Absent-Crawford. Motion carried.
Abbas moved, Scallon seconded to waive the third reading of the proposed Ordinance No. 522 Amending Chapter 69 of the Code of the City of Ackley Pertaining to the No Parking Zones. Roll call vote: Ayes-Flores, Roelfs, Abbas, Scallon. Absent-Crawford. Motion carried.
Abbas moved, Scallon seconded to adopt Ordinance No. 522 Amending Chapter 69 of the Code of the City of Ackley Pertaining to the No Parking Zones. Roll call vote: Ayes-Roelfs, Abbas, Scallon, Flores. Absent-Crawford. Motion carried.
Clerk Dennis reported City Attorney, Seth Schroeder, has the proposed 28E Agreement with Prairie Bridges Park Board. Due to it being tax season, it may be a little bit before Schroeder gets to it. M. Fistler, P. Williams, and B. Schipper was in attendance to address any questions regarding the proposal. Nuss asked a few questions with Fistler addressing those concerns with unsure knowledge of the answers.
Dennis reported the attorney does have the parcel survey and will work on that transfer of property when time allows. Lee Gallentine, CGA Consultants, added the mechanical space with the latest drawing. Council informed Gallentine to hold on any further work for the ambulance building until after the meeting with the City of Ackley and the City of Eldora regarding the merger.
Follow up on the demolition permit request. Dennis presented 2 examples: one having the word “permit” on the form and the other without “permit” on the form. Dennis informed Council that if it is an actual permit, it will need to be added into the Code book as all other permits are written as such. Flores moved, Roelfs seconded the approve the application for demolition permit and adding an ordinance to address the demolition process. Ayes-4. Absent-1. Motion carried. Dennis will work on a Demolition ordinance to present.
Reem Properties addressed council regarding 712 Logan Ave and the city utility bill. Reem is requesting the City pay for half of the back charges billed or Ferguson be held responsible for the error means Ferguson installed the water meters. Flores asked Dennis to explain the issues with the 2-inch meters. Dennis explained that a 2-inch meter needs to be read with 6 digits and the system was importing 5 digits so the users of the 2-inch meters were getting undercharged. With adding the 6th digit to the billing software, there would be one month that would capture all the back usage that was used and not billed. Going forward in billing, the system would capture all digits accordingly and bill the current usage. Dennis informed Council that the water superintendent had attempted to gain access to the water meter on several attempts to no avail. When access was gained and a visual of the actual meter and reading was done in person was when the billing system was updated. Council informed Reem Properties that the City is unable to negotiate usage or billing. The water was used and ran through the meter and Reem Properties would be responsible for the usage and billing. Council had informed owner that a payment agreement could be worked out. No further discussion or action.
Owner of 405 Sherman Ave requested to be stricken from the agenda for Prohibited Sanitary Sewer Discharge/Utility billing. No discussion.
Adam Harms and Kendall Meyer, Ackley Fire Department, requested the disposal of the 2012 Polaris Ranger. Harms reached out to Fenton Fire to advertise the UTV. If Fenton Fire sells the UTV, they take 10% commission. Flores moved, Roelfs seconded to approve the sale of the 2012 Polaris Ranger by publishing with Fenton Fire, along with posting on social media, the League of Cities, and other means. Ayes-4. Absent-1. Motion carried. When the UTV sells, proceeds will be deposited into the equipment/fire truck fund.
Dennis informed council that former Chief Frick had advertised the AXON cameras on a NICI Calendar for police departments. Frick had posted a price, unknown to Dennis. The city has gotten one inquiry. Abbas moved, Roelfs seconded to accept bid from Albia Police Department in the amount of $2,800 for the Ackley Police Department AXON cameras. Ayes-4. Absent-1. Motion carried.
Harms and Meyer presented 2 bids for a new 2024 Can Am Defender UTV to replace the 2012 Polaris. Roelfs moved, Flores seconded to approve purchase to DR Powersports in the amount of $23,020.98 for a 2024 Can Am Defender UTV to be paid from the new equipment/fire truck fund. Ayes-4. Absent-1. Motion carried.
Dennis presented the proposed Ordinance No. 523 Granting Black Hills/Iowa Gas Utility Company a Natural Gas Franchise, drawing attention to the changes from the previous ordinance, and proposed Ordinance No. 524 Amending the Code of Ordinance by Repealing Chapter 115. Roelfs moved, Scallon seconded to set public hearing for proposed Ordinance No. 523 and No. 524 to March 13, 2024 at 6:00 pm in the Council Chambers. Ayes-4. Absent-1. Motion carried.
Abbas moved, Flores seconded to approve beer/liquor license pending dram shop insurance for Scallon’s, Inc DBA Grumpy’s Bar and Elliott-Keninger Post #252 DBA American Legion Post #252. Ayes-3. Abstain-Scallon. Absent-1. Motion carried.
Roelfs moved, Scallon seconded to approve beer/liquor license for Casey’s General Store #1921. Ayes-4. Absent-1. Motion carried.
Flores moved, Scallon seconded to approve Mayoral appointments of Mike Nuss as Representative and Judy Crawford as Alternate to the Hardin/Franklin County E911 Board and Emergency Management Commission. Ayes-4. Absent-1. Motion carried.
Abbas moved, Roelfs Flores to pass Resolution 24-06 Rezoning Parcel #891902183001/307 3rd Ave. Roll call vote: Ayes-Abbas, Scallon, Flores, Roelfs. Absent-Crawford. Motion carried.
Flores moved, Scallon seconded to pass Resolution 24-07 Rezoning Parcel #891902205003/628 Logan Ave. Roll call vote: Ayes-Scallon, Flores, Roelfs, Abbas. Absent-Crawford. Motion carried.
Abbas moved, Roelfs seconded to approve payment to Danko Emergency Equipment in the amount of $2,724. for 2 thermal camera kits/chargers. Ayes-4. Absent-1. Motion carried.
Scallon moved, Roelfs seconded to approve purchase to Midco in the amount of $4,326. for water tower cleaning/televising/report. Ayes-4. Absent-1. Motion carried.
Gallentine, CGA, updated council on the punch list for the EQ basin. The UV structure was being worked on for the Sanitary Sewer Phase II project. Scallon moved, Abbas seconded to approve Pay Application 9 in the amount of $99,512.50 to Boomerang Corp for Sanitary Sewer Phase II project. Ayes-4. Absent-1. Motion carried. Department of Transportation has the finalization for N. Butler St and final reimbursement should be in the next few weeks from DOT. Gallentine presented plans and specifications for the Hardin Street Storm Sewer Project. Project completion date would be September 1, 2024 with no payments being made for construction until July 1, 2024 for budgeting purposes. Roelfs moved, Scallon seconded to set public hearing for plans, specifications, and bidding on the Hardin Street Storm Sewer project for March 13, 2024 at 6 pm in the Council Chambers. Ayes-4. Absent-1. Motion carried. Dennis updated Council on the Splash Pad project. City Attorney will be reviewing process on abandonment of projects but did mention it was not an easy process. Gallentine will have pricing on the pocket wetland at the March meeting.
K. Meyer, public works supervisor, gave department report. CEU for CPO class is complete for B. Holmgaard and Meyer. The department has taken down some trees and fixed sod around town.
Dennis will be out of the office February 15-19, continues to work on the FY25 budget, and informed Council that Frick had stopped by City Hall and is interested in purchasing the Wolfcom cameras from the City for the City of Sumner.
No council or mayor comments.
Public comment from Russ Ellingson regarding the previous discussed meter issue. Dennis re-integrated that the meter issue is not for residential 5/8-inch meters.
Abbas moved, Flores seconded to adjourn at 8:07 pm. Ayes-4. Absent-1. Motion carried.
_______________________________________
Michael Nuss, Mayor
ATTEST:
____________________________
Malena Dennis, City Clerk
ACCESS SYSTEMS | TECHNICAL SUPPORT/BACKUP | 1285.20 |
ACKLEY CHAMBER OF COMMERC | MEMBERSHIP DUES | 100.00 |
ACKLEY PUBLISHING CO INC | WINDOW ENVELOPES (3)/GOLF TAGS | 183.65 |
AG MACHINERY SERVICE | SNOWPLOW CYLINDER SEAL KIT | 171.00 |
BLACK HILLS/IOWA GAS UTIL | UTILITIES-GAS | 459.58 |
BOOMERANG CORP | SANITARY SEWER IMPROVEMENT-2 | 99512.50 |
CARDMEMBER SERVICE | HEATER INGITION/TONER/DVD/DOMAIN/BOOKS | 418.52 |
CENTURYLINK | PHONES/FAX | 405.60 |
CGA | SAN SEWR PHASE II/N BUTLER ST/EQ BASIN/AMB | 24471.75 |
CLEAR THE CHAOS CLEANING | 1/31/24 CLEANING | 150.00 |
DAKOTA SUPPLY GROUP | PLOWCURB GUARDS | 215.56 |
DANKO EMERGENCY EQUIPMENT | THERMAL CAMERA/CHARGER KIT (2) | 2724.00 |
DIAMOND LAKE BOOK CO. | CHILDRENS BOOKS | 401.30 |
EBS | HEALTH INSURANC | 5662.58 |
FEDERAL W/H | FED/FICA TAX | 6937.19 |
GLOBE LIFE LIBERTY NATION | GLOBE PRETAX | 217.82 |
HARDIN COUNTY SHERIFF | CONTRACT LAW ENFORCEMENT | 3144.90 |
HARDIN COUNTY SOLID WASTE | JANUARY LANDFILL FEES | 1277.10 |
HARLAND TECHNOLOGY SERVIC | 561.00 | |
HEART OF IOWA | 847-2222 COMMUNICATIONS | 64.50 |
INGRAM LIBRARY SERVICES | BOOKS/SHIPPING | 587.52 |
INNOVATIVE AG SERVICES CO | FUEL/DIESEL | 1631.07 |
IOWA STATE UNIVERSITY | CLERK INSTITUTE-DENNIS | 224.00 |
IPERS | IPERS - REGULAR | 3309.12 |
JOHN DEERE FINANCIAL | RESPIRATOR MASKS/PUZZLES | 66.48 |
KING CONSTRUCTION & OVERH | RESET CABLES/OVERHEAD DR/MAINT | 115.00 |
MEDIACOM | PHONE/FAX/INTERNET | 346.47 |
MEYER, KENDALL | REIMBURSE TRAINING/PESTICIDE | 70.00 |
MID IOWA AUTO PARTS, LLC | 5W30 OIL/HUBCAP/OIL DRAIN PLUG | 274.75 |
MIDAMERICAN ENERGY COMPAN | ELECTRIC | 5824.48 |
PAYROLL CHECKS | TOTAL PAYROLL CHECKS | 25692.20 |
PEOPLESERVICE INC. | WATER/WASTEWATER SERVICE | 16533.00 |
PETTY CASH | UTILITY BILL POSTAGE | 21.40 |
READER'S DIGEST | 1 YR MAGAZINE | 16.05 |
REGION 6 PLANNING COMMISS | CDBG GENERAL ADMIN SVC/PH II | 643.00 |
SALES TAX/LOST | SALES TAX PAYMENT | 800.72 |
SHIELD PEST CONTROL | MONTHLY SERVICES | 30.00 |
STATE WITHHOLDING | STATE TAXES | 515.12 |
TIMES-CITIZEN CO. | EMPLOYEE WAGES/MINUTES/PUBLIC HEARING | 294.84 |
USDA RF | MONTHLY PAYMENT | 1151.00 |
VERIZON | CELL PHONES/JETPACKS | 110.62 |
WATER EXCISE TAX | WATER EXCISE TAX PAYMENT | 2227.37 |
WILLIAMS EXCAVATION LLC | WATER MAIN REPAIR 1003 BUTLER | 2475.00 |
| CLAIMS TOTAL | 211322.96 |
EXPENSES BY FUND | ||
| GENERAL FUND | 31542.77 |
| LIBRARY RESERVE FUND | 66.05 |
| FIRE TRUCK/EQUIP RESERVES FUND | 2674.00 |
| ROAD USE TAX FUND | 18603.61 |
| CAP PROJ-GO BOND 2020A FUND | 1118.00 |
| WATER FUND | 15764.39 |
| SEWER FUND | 10902.53 |
| CAP SEWER IMPROVEMENTS FUND | 123295.85 |
| GARBAGE FUND | 6815.88 |
| STORM WATER FUND | 539.88 |
TOTAL | 211322.96 | |
REVENUE | ||
GENERAL | 89901.93 | |
LIBRARY RESERVE TOTAL | 1325.00 | |
FIRE TRUCK/EQUIP | 0.04 | |
ROAD USE TAX | 18718.85 | |
EMPLOYEE BENEFIT TOTAL | 1041.76 | |
EMERGENCY FUND | 79.37 | |
LOST TOTAL | 17607.61 | |
LOST - DEBT SERVICE TOTAL | 4401.91 | |
TIF TOTAL | 3068.67 | |
DEBT SERVICE TOTAL | 2090.85 | |
CAPITAL PROJECTS - LOST TOTAL | 4401.90 | |
WATER | 40418.84 | |
WATER DEPOSITS | 375.00 | |
SEWER TOTAL | 56194.46 | |
SEWER - SINKING | 16345.00 | |
GARBAGE | 12297.93 | |
STORM SEWER | 14593.74 | |
TOTAL | 282862.86 |