COUNCIL PROCEEDINGS
August 22, 2011
The Oelwein City Council met in regular session Monday, August 22, 2011 at 7:00 P.M. Mayor Murphy presided.
Roll Call PRESENT: Ericson, Bearinger, Brandt, Ryan, Stickel, Lein
ABSENT: None
ALSO PRESENT: Kendall, Rigdon, VanVeldhuizen
Adopt Agenda A motion was made by Ryan, seconded by Bearinger adopt the Agenda as amended. All voted aye.
Motion Carried
Citizen Tanner Steggall, 521 3rdAvenue SE requested Council place a Speed
Tanner Steggall Limit sign and a Children at Play sign on his street to slow down the cars.
A motion was made by Lein, seconded by Stickel to approve Steggall’s request to place a Speed Limit sign and a Children at Play sign at 521 3rd Avenue SE. All voted aye.
Motion Carried
Citizen Monte and Noel Graff, 102 1st Avenue NW would like the City to split
Monte & Noel Graff the cost of installing their new lateral under the street.
A motion was made by Stickel, seconded by Bearinger to refer Graff’s request to the Planning, Finance, Enterprise and Economic Development Committee to review and report recommendation back to Council. All voted aye.
Motion Carried
Citizen Chuck Geilenfeld, 18216 50th Street expressed his concern regarding
Chuck Geilenfeld Mercy Hospital. He said the City needs someone with clout to get hospital service back. He is asking Council to step in and help fight to keep all hospital services. He offered to help in any way.
Citizen Marilyn Rubner, Arlington spoke in support of keeping the hospital open
Marilyn Rubner and bringing back lost services.
Citizen Al Baldwin, 101 8th Avenue SW stated the initiative that the Coalition has
Al Baldwin started is only to improve health care services in Oelwein and wants the City Council to endorse that initiative and help wherever they can.
Citizen Dr. Clay Hallberg, 2143 Q Avenue stated many of the hospitals that are in
Dr. Hallberg smaller communities than Oelwein are doing very well. He said they all are independent facilities. Council needs to do what is right for the community.
Citizen Chuck Taylor, 2057 Neon Road stated Oelwein needs a full hospital in order
Chuck Taylor to improve economic conditions of the City.
Citizen Frank Odekirk, 19 9th Street NE compared Randalia’s loss of business to what
Frank Odekirk he thought might happen to Oelwein. The loss of hospital services is a step down.
Murphy stated Oelwein’s Mercy Hospital was financially losing money until St. Francis bought it. They subsidized it to provide healthcare to the underserved. Mercy lost money until 2000 and showed a profit until 2007.
Now we are competing in a corporate healthcare model where efficiency and bottom line seems to be the driving force. Oelwein has a positive relationship with the Covenant Wheaton system. Regarding the dispute between some providers in town and Covenant, the City’s position has always been that this was a private dispute. The Council has tried to maintain open communication on both sides. Mercy staff is incredibly good and their jobs need to be
COUNCIL PROCEEDINGS, AUGUST 22, 2011, PAGE 2
protected. Murphy read a letter addressed to Jack Dusenbery, President and CEO of Wheaton Franciscan Healthcare of Iowa regarding the future closing of the surgery unit and the future of Oelwein healthcare. He is requesting a meeting before the surgery unit is closed. The City is ready to assist in appropriate ways to maintain or expand healthcare for our residents and to protect the employment of staff.
A motion was made by Bearinger, seconded by Stickel to authorize sending the Mayor’s letter to Wheaton Franciscan Healthcare. All voted aye.
Motion Carried
Copy of letter is available at www.cityofoelwein.org, City Hall and at the Library.
Consent Agenda A motion was made by Ericson, seconded by Brandt to approve the following Consent Agenda items excluding item 6C, Yankee Scoreboard license renewal.
A. Minutes of the August 8, 2011 regular meeting.
B. Claims Resolution in the amount of $720,178.57.
C. Class ‘C’ Liquor License and Sunday Sales renewal for First Garden.
D. Request from Family Treatment Court to change dates from Tuesdays to
the First and Third Mondays.
All voted aye.
Motion Carried
Warthan-Rundle Park Janet Wissler reported to Council the front half of the Warthan-Rundle Park is complete. Flowers, mulch, some paving and a picnic table are in place. A pergola will also be installed this year.
Williams Center Doug McFarlane reported the Brigadoon performance was cancelled. A Mr. Jim McDonough will fill that spot. McFarlane requested the funding for Brigadoon be allowed for the McDonough event.
A motion was made by Lein, seconded by Ericson to approve McFarlane’s funding transfer request from Brigadoon to Jim McDonough. All voted aye.
Motion Carried
Public Hearing Murphy opened the Public Hearing on Redistricting Wards for 2012-2021.
Redistrict Wards No comments were received from the public.
A motion was made by Ericson, seconded by Brandt to close the hearing.
Ayes: Ericson, Bearinger, Brandt, Ryan, Stickel, Lein
Nays: None
Motion Carried
A motion was made by Ericson, seconded by Stickel to retain the current ward boundaries as they are and not redistrict.
Ryan stated Kendall put a lot of work into preparing proposals for Councils review and one of them should be approved.
Brandt agreed with Ryan even though the changes are small.
Ayes: Ericson, Bearinger, Stickel, Lein
Nays: Brandt, Ryan
Motion Carried
COUNCIL PROCEEDINGS, AUGUST 22, 2011, PAGE 3
Two Pressure Zones Lance Aldrich, Fox Engineering updated the Council on the Two
Booster Station Pressure Zones – Booster Station project. The building is up and
Project the doors are on. The well will be repowered with the new control system and within a couple weeks the pressure will gradually increase on the North and East sides of town.
Aldrich requested to be on the next agenda regarding a change order adding a retaining wall next to the tower and setting a new completion date.
Water Main Project John Gade informed Council on the Two Pressure Zones – Water Main Project close out. The contract final completion date is June 10, 2011. The contractor exceeded the substantial completion date of November 13, 2010 by 66 calendar days. Liquidated damages could be assessed in the amount of $500.00 per day totaling $33,000.00. Kendall recommended assessing the entire amount.
A motion was made by Brandt, seconded by Ericson to refer the issue to the Planning, Finance, Enterprise and Economic Development for recommendation.
5 voted aye, 1 voted nay (Lein).
Motion Carried
No action was taken on Pay Request No. 6 in the amount of $88,081.72 and Pay Request No. 7 in the amount of $31,685.44 until Planning, Finance, Enterprise and Economic Development returns with a recommendation.
Change Order #5 A motion was made by Lein, seconded by Bearinger to approve request from Summers’ Enterprise for Change Order No. 5 in the amount of $11,280.99 on the Water Main project. All voted aye.
Motion Carried
1st Avenue Lift Lance Aldrich, Fox Engineering reassured Lein there are very specific
Station Project time windows the contractor must meet when closing streets. These time windows have their own liquidated damages. Two public meetings were held with residents regarding the street closures on the 1st Avenue Lift Station project.
A motion was made by Lein, seconded by Ericson authorizing the Mayor to sign contract with Summers’ Enterprise for 1st Avenue Lift Station project. All voted aye.
Motion Carried
The SRF for this project requires Davis Bacon wages. These have been changed since the project was bid. DNR denied request to not put in a trash basket in the lift station. There will be a change order prepared regarding both these items.
On the positive side I-JOBS funding for this project increased to $605,000 from $590,000.
Resolution #4665 A motion was made by Brandt, seconded by Bearinger to adopt
SRF I-Jobs Project Resolution No. 4665 Requesting Assistance from the Iowa Department of Natural Resources State Revolving Loan Fund.
Ayes: Ericson, Bearinger, Brandt, Ryan, Stickel, Lein
Nays: None
Motion Carried
Library Meeting Ryan reported on the August Library Board meeting.
COUNCIL PROCEEDINGS, AUGUST 22, 2011, PAGE 4
Library Pay Stubs City Administrator Kendall clarified Macken was not singled out as being treated special as stated in the Library minutes. All Department Heads are treated special and all departments are treated equal. At times pay stubs are picked up in Kendall’s office which provides an excellent time for communication with the departments. It is not a punishment to see the City Administrator.
Library Carry Over Lein stated the Planning, Finance, Enterprise and Economic Development
Salary Increase Committee had not met, but had been polled. They agreed to recommend not to rescind the Council’s prior decision to approve the Library’s request to carry over funds in the amount of $2,140.50. This will be used to grant most Library staff a $0.50/hour raise (3.3% to 5.9%).
A motion was made by Lein, seconded by Ericson to not rescind the Council’s decision and allow the Library to carry over funds in the amount of $2,140.50.
Kendall and Ryan requested clarification of Lein’s motion.
Lein stated his recommendation was to approve the carry over funds.
Kendall stated the City Council has control over all funds until a Public Hearing is held and the budget is legally amended. After that is done the Library Board would have control over the use of funds allocated to them. No Hearing and amendment has occurred. All voted aye.
Motion Carried
City Wide Salary Kendall requested the Council consider granting the Public Works,
Police, Fire and the non-union employees other than himself a $0.50 hour raise to stay on par with what the Council just approved.
A motion was made by Lein, seconded by Bearinger to refer the City Administrator’s request to Planning, Finance, Enterprise and Economic Development Committee and bring a recommendation back to Council.
Motion Carried
Fireworks Donation Kim Haar explained the $2,500 donation from the City is used for the ground display which was shown. A $1,500 credit was given to the Oelwein Celebration Committee for the fireworks that were not used and returned. His committee has made no decision on next years location.
Council Work Session A work session will be held August 29, 2011 at 5:30 P.M. to discuss the following topics:
A. The School’s proposal to move the High School school softball field to
the Veterans Sports Complex
B. Harlan School Playground
Park and Recreation Commission members are invited to attend. Jean Kane will send an e-mail to Commission members.
Tennis Court Murphy requested the school Superintendent’s recommendation to create a
Improvement study committee be accepted regarding tennis court improvements. Bruce Bearinger, Durango Steggall, Jessie Burkhart, Steve Westerburg, school members, Larry Wolff, Steve Kendall and an interested tennis player from the community will make up this group. They would study all the options such as location, cost and grants available and report back to the Council.
COUNCIL PROCEEDINGS, AUGUST 22, 2011, PAGE 5
Highway 150 Ryan reported on the presentation to Iowa Department of Transportation
Iowa DOT Commissioners on August 9, 2011. It continues to be proposed as it has been for 15 years that Highway 150 be upgraded. An engineering study on it was cancelled in 2001.
Alleys Murphy referred to Public Safety and Street Committee alleys
Hwy 150 & 3 along Highway 3 and 150 on Charles and Frederick for recommendation to Council. Heavy rain carries gravel into the street. Seal coating further in to the alley may be necessary.
Curbside Recycling Murphy requested a work session be held on September 12, 2011 at 5:30 or 6:00 P.M. with waste haulers regarding curbside recycling.
222 S. Frederick A motion was made by Brandt, seconded by Ryan to authorize the City Administrator to proceed with soliciting bids on 222 South Frederick. Bids would be awarded subject to property acquisition.
Fayette Co. Local The City has budgeted $15,000 for the renewal of the Fayette County
Housing Trust Fund Local Housing Trust Fund program. This will be listed on next Council agenda to authorize the Mayor’s signature on the 2012 pledge letter.
Yankee Scoreboard Police Chief Logan recommended Council deny the request
Liquor License for a Class ‘C’ Liquor License and Sunday Sales renewal for Yankee Scoreboard.
VanVeldhuizen explained the State law is very clear on the basis for denying a liquor license. The items and issues raised by the Chief of Police are points to be made but until there is actually a conviction for a felony or a demonstration that there is a failure on any other of the basis, there is not cause to deny the license under current conditions. This license expires August 31, 2011.
Murphy recommended the Council deny the license knowing the State provides an option to appeal. If the State wishes to reinstate over the city’s denial, its their call.
A motion was made by Ericson, seconded by Lein to deny the renewal of a Class ‘C’ Liquor License and Sunday Sales renewal for Yankee Scoreboard. All voted aye.
Motion Carried
Housing Complaint Attorney VanVeldhuizen reported actions against two properties in the 400 block of 6th Avenue SE have been initiated.
Mosquito Council reaffirmed City wide mosquito spraying is to be August 24-27.
NEIRL Northeast Iowa Regional League meeting on “Smart Growth” is August 30th in Independence.
Americorps Americorps volunteers received a Proclamation from the Mayor on their final day, August 19. They liked Oelwein and the community appreciated the work they did. Kendall will send a letter to Jody Burns, Americorps Deputy Regional Director for Programming informing her of the positive experience.
Landfill Meeting Brandt reported on the August Solid Waste meeting. A new skid loader was purchased from Baumler Implement.
COUNCIL PROCEEDINGS, AUGUST 22, 2011, PAGE 6
Executive Session A motion was made by Ericson, seconded by Lein to go into Executive Session per Iowa Code 21.5j.
Ayes: Ericson, Bearinger, Brandt, Ryan, Stickel, Lein
Nays: None
Motion Carried
Return to Regular A motion was made by Ericson, seconded by Brandt to return
Session to regular session.
Ayes: Ericson, Bearinger, Brandt, Ryan, Stickel, Lein
Nays: None
Motion Carried
Adjourn A motion was made by Ericson, seconded by Bearinger to adjourn at 9:35 P.M. All voted aye.
Motion Carried
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LARRY MURPHY, MAYOR
ATTEST:
___________________________________________
STEVEN H. KENDALL, CITY ADMINISTRATOR
I, Steven H. Kendall, City Administrator in and for the City of Oelwein, Iowa do hereby certify that the above and foregoing is a true accounting of the Council Proceedings held August 22, 2011 and copy of said proceedings was furnished the Register August 26, 2011.
___________________________________________
STEVEN H. KENDALL, CITY ADMINISTRATOR