Ackley City Council | Regular Meeting

April 11, 2018

ACKLEY CITY COUNCIL met in regular session, April 11, 2018, in the Ackley Civic Center with Mayor Erik Graham presiding. The meeting was called to order at 7:00 p.m. Council members present: Al Jones, Joe Wessels, Judy Crawford, Pat Daggs, and Pat Hurt. Absent: None. Quorum present.

 

Hurt moved, Jones seconded, to approve the April 11, 2018 Agenda as listed. Ayes-All. Motion carried.

 

Daggs moved, Hurt seconded, to approve the Consent Agenda by one motion: a) March 14, 2018 Regular Mtg Minutes as written. b) Bills approval authorizing payment of bills and transfers as listed. c) Place Reports on file: March 2018 Clerk Bank Reconciliation/Treasurer Report, March 2018 Clerk Budget Reports, March 2018 Deputy Clerk Utility Billing Reconciliation, March 2018 Fire Monthly Report, March 2018 Ambulance Monthly Report, 1st Quarter 2018 Prairie Bridges Financial Reports. Ayes-All. Motion carried.

 

Wessels moved, Crawford seconded, to open the public hearing at 7:05 p.m. on the second reading of proposed Ordinance No. 504 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 99.02, Pertaining to Rate, and Section 99.07, Pertaining to Use of Funds. Ayes-All. Motion carried. No oral or written comments or objections were received prior to the meeting. Don Moore, CGA, gave a brief history of the City’s sanitary sewer system and the requirements that the EPA and IDNR have imposed. Daggs provided some information on how the Council came up with the proposed new rates. Daggs also explained how the issue of illegal draining of sump pumps would have to be addressed as that is a contributor to higher flows. A few citizens asked questions of the Council with the Council providing responses. The biggest concern from the citizens was the wording in Section 99.07 with the use of funds. Jones moved, Hurt seconded, to close the public hearing at 7:26 p.m. Ayes-All. Motion carried.

 

Clerk DeBerg explained that 100% of the sewer revenue funds could not go to the project and repairs/maintenance as there are sewer operating expenses that are paid with sewer revenue as well. DeBerg also informed the citizens that sewer revenue stays in the sewer fund and does not transfer to the general fund. Wessels moved, Crawford seconded, to table the second reading of proposed Ordinance No. 504 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 99.02, Pertaining to Rate, and Section 99.07, Pertaining to Use of Funds. Council will determine if there is a way to word the proposed ordinance to help alleviate the concern regarding the use of funds. Ayes-All. Motion carried.

 

Daggs moved, Jones seconded, to open the public hearing at 7:47 p.m. on the first reading of proposed Ordinance No. 505 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 63.04, Pertaining to Special Speed Restrictions. Ayes-All. Motion carried.

 

No oral or written comments or objections were received. Daggs moved, Hurt seconded, to close the public hearing at 7:47 p.m. Ayes-All. Motion carried.

 

Daggs moved, Wessels seconded, to approve the first reading of proposed Ordinance No. 505

 

Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 63.04, Pertaining to Special Speed Restrictions. Roll call vote: Ayes-All. Motion carried.

 

Wessels moved, Hurt seconded, to waive the second and third readings of said proposed Ordinance No. 505. Roll call vote: Ayes-All. Motion carried.

 

Hurt moved, Daggs seconded, to adopt proposed Ordinance No. 505 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 63.04, Pertaining to Special Speed Restrictions. Roll call vote: Ayes-All. Motion carried.

 

Jones moved, Hurt seconded, to open the public hearing at 7:50 p.m. on the first reading of proposed Ordinance No. 506 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Chapter 107 County Landfill Charges. Ayes-All. Motion carried. No oral or written comments or objections were received. Hurt moved, Daggs seconded, to close the public hearing at 7:51 p.m. Ayes-All. Motion carried.

 

DeBerg explained that the changes to Chapter 107 included changing the wording from landfill to recycling; beginning to assess commercial, industrial, and governmental properties; removing the limit on revenue; and not charging properties deemed as unsafe. Crawford moved, Wessels seconded, to approve the first reading of proposed Ordinance No. 506 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Chapter 107 County Landfill Charges. Roll call vote: Ayes-All. Motion carried

 

Wessels moved, Jones seconded, to waive the second and third readings of said proposed Ordinance No. 506. Roll call vote: Ayes-All. Motion carried.

 

Daggs moved, Hurt seconded, to adopt proposed Ordinance No. 506 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Chapter 107 County Landfill Charges. Roll call vote: Ayes-All. Motion carried.

 

Daggs moved, Hurt seconded, to open the public hearing at 7:53 p.m. on the review of a $240,994 Iowa Economic Development Authority CDBG Housing Sustainability application for improving 6 owner occupied housing units in a target neighborhood in Ackley. Ayes-All. Motion carried. No oral or written comments or objections were received. Marty Wymore, Region 6 Planning Commission, briefed the Council on the application process and the project itself.

Daggs moved, Hurt seconded, to close the public hearing at 7:57 p.m. Ayes-All. Motion carried.

 

Crawford moved, Wessels seconded, to adopt Resolution No. 18-24 Approving the Ackley Housing Rehabilitation Application to the Iowa Economic Development Authority Owner Occupied Housing Improvement Fund. Roll call vote: Ayes-All. Motion carried.

 

Daggs moved, Crawford seconded, to accept the bid of $24,000 from Region 6 Planning Commission for technical services to assist with the Ackley Housing Rehabilitation. This was the only bid received. The $24,000 would be paid for with federal funds. Ayes-All. Motion carried.

 

Chris Wolfe, MidAmerican Energy, provided information to the Council on significant projects that MidAmerican will be completing in Ackley. They will be providing a new system distribution voltage which will entail new wires, poles, and transformers; and will provide more system protection and reliability. They will also be building a new substation for this new system. They plan to start the project in May, be done by the end of December, and convert the City in the first quarter of 2019. This will all be at no cost to the City.

 

Rick Gustin, Reliable 1, presented several options for improving the heating and cooling in City Hall. Council will review the information presented along with other information Wessels has previously gathered before a decision is made.

 

Daggs moved, Hurt seconded, to set a public hearing for the first reading of proposed Ordinance No. 507 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 65.02, Pertaining to Stop Intersections for May 9, 2018 at 7:00 p.m. Ayes-All. Motion carried.

 

DeBerg went over the recommendations from the FY17 Examination that was performed by the State Auditor’s Office, and shared with the Council any action that has already been taken or is planned to be taken in response to those recommendations.

 

Crawford moved, Hurt seconded, to adopt Resolution No. 18-19 Establishing Petty Cash Funds. Roll call vote: Ayes-All. Motion carried.

 

Hurt moved, Jones seconded, to adopt Resolution No. 18-20 Designating Depositories. Roll call vote: Ayes-All. Motion carried.

 

A brief discussion was held regarding having an examination or an audit for FY18, and who to perform the services. Mayor Graham stated that he liked having the State provide the services.

 

DeBerg agreed and explained that the City was required to have an examination each year, and only an audit if the City chooses to. Hurt suggested that the City have the annual exam with an audit every 3-5 years. Jones moved, Hurt seconded, to have the State Auditor’s Office perform an examination for FY18. Ayes-All. Motion carried.

 

Hurt moved, Jones seconded, to adopt Resolution No. 18-22 Setting Public Hearing to Consider the Sale of 702 State Street by Public Auction. Roll call vote: Ayes-All. Motion carried.
Wessels moved, Crawford seconded, to adopt Resolution No. 18-23 Setting Public Hearing to Consider the Sale of Parcel ID 891902227005 by Public Auction. Roll call vote: Ayes-All. Motion carried.

 

Crawford moved, Wessels seconded, to adopt Resolution No. 18-25 Temporarily Closing Certain Streets for the 2018 Sauerkraut Days. Roll call vote: Ayes-All. Motion carried.

 

Wessels moved, Daggs seconded, to approve the beer license for El Tacontento LLC. Ayes-All. Motion carried.

 

Daggs moved, Hurt seconded, to accept Geode Environmental Contract Agreement for site monitoring and reporting at 410 Main Street at a cost not to exceed $7,639.60 and for Landfarm Closure sampling and reporting estimated at $950.00. Ayes-All. Motion carried.

 

Police Chief Shimon informed the Council that a petition has been filed to the State regarding the church at 420 State Street. Once they are served they have 20 days to respond.

 

Fire Chief Eichmeier stated that the old pumper truck has been sold for $3,500. The City has received the payment and the new owner has taken delivery. Eichmeier would like to purchase two new sets of bunker gear with these funds. Eichmeier updated the Council with the plans for the elevator burn on April 14th. Wessels moved, Crawford seconded, to approve the elevator burn at a cost of $7,500 to Fire Training Consultants. Ayes-All. Motion carried.

 

Lee Gallentine, City Engineer, presented to the Council a design plan for the City Hall sidewalk. Council directed Gallentine to move forward. Paul Williams questioned the quality of the storm sewer in front of City Hall. Council requested that the storm sewer be surveyed. Gallentine updated the Council on several other active items. A topographic survey has been done on the pocket wetland to determine the amount of silt that needs cleaned out. Gallentine hopes to present the findings at the May meeting. The contractor for the 2016 Street Project has one item left on the punch list. The construction permit from IDNR for the Sanitary Sewer Continuing Improvement Plan has been received so Phase 1 of the project is reading to go out for a bid letting. Council directed Gallentine to move forward and to have bids at the June meeting. A review of the storm sewer videos has begun and it appears that there will be plenty of issues to be addressed. There are a couple of building permits that have expired and the projects are not complete. One property owner will reapply for a new permit, and the other property owner Gallentine is still trying to contact.

 

Dustin Ingram, Economic Development Director, informed the Council that Creative Placemaking is looking at code enforcement as one of their projects. Following the ADC’s acquisition of 626 Main Street, the City utility bill has been brought current. The ADC did not receive the $100,000 grant for restoration of this property, but did receive a $5,000 planning grant.

 

Updates were given on old business. Mayor Graham informed the Council that the City was at a standstill with the demolition at 728 and 734 Main Street. Mike Smith, City Attorney, will be addressing the current situation with the neighboring property owners. Graham stated that the contractor hired for the repair work at 626 Main Street has been working on interior jobs due to the weather.


Steve McDowell, McDowell & Sons, addressed the Council with his concerns with the City taking over the garbage service, stating that he didn’t think it would be profitable. Crawford
expressed concerns over the quality of service the City could provide. Wessels presented bids on three different garbage trucks. After much discussion, Wessels moved, Hurt seconded, to table a decision for a month. Ayes-All. Motion carried.


DeBerg informed the Council that she hasn’t heard any more from Smith on the Industrial Park Subdivision Final Plat, and that she has not been able to get in contact with bond counsel to discuss the financing process for the purchase of a pickup truck. Mayor Graham stated that applications for the Public Works Director position would be reviewed in the next few weeks.

 

Crawford mentioned that she is gathering information on health insurance, and referred to a handout of a sample sump pump ordinance for Council to review.


Public Comments: None


With no further discussion, Daggs moved, Hurt seconded, to adjourn at 11:18 p.m. Ayes-All. Motion carried.

 

To view financials, click to download the complete minutes as a PDF.

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