COUNCIL PROCEEDINGS

July 9, 2012

The Oelwein City Council met in regular session Monday, July 9, 2012.  Mayor Murphy called the meeting to order at 7:00 P.M.

Roll Call                      PRESENT:  Petersen, Ericson, Bearinger, Sherrets, Ryan, Stickel

ABSENT:    None

ALSO PRESENT:  Kendall, Rigdon, VanVeldhuizen

Adopt Agenda             A motion was made by Ericson, seconded by Petersen to adopt the Agenda as amended.  All voted aye.

Motion Carried

Citizens                        Don Kleis, 2405 South Frederick, stated it had been two years since the

Don Kleis                    2010 flood.  He requested an update on the Council plans regarding

20th St SE & S Fred.     the 20th Street SE and South Frederick Area.

The City Council contracted for a drainage engineering study which was completed last year.  Suggested improvements included an open ditch or larger drainage pipe as well as a detention area.

Kleis requested Council not forget the project as it will flood again if left as is.

N. Eastline (Outer)       Kleis stated he was not in favor of sealcoating Eastline Road because

Road                            it eventually will blow up.  He felt this project would be a waste of City funds.

Chet Reagan                Chet Reagan, 905 2nd Avenue NE, expressed his concerns regarding

Park & Rec Program    Oelwein’s Park and Recreation programs. They included reduced participation numbers, dust control on ball diamonds, no concessions, cost to participate and the distance children have to travel to get to the Sports Complex.

He concluded, “This is not an attack on anyone or any committee.”

Chuck Serra                 Chuck Serra, 28 12th Avenue SE, spoke against the Board of Adjustment’s

17 Hillside Drive         decision to allow a 24 x 24 square foot structure to be built at 17 Hillside Drive.

Attorney VanVeldhuizen explained the appeal process.  Attorney VanVeldhuizen will visit with Building Inspector Jim Prouty and report back to the Council.

Roger Boleyn               Roger Boleyn, 209 7th Avenue SW, spoke on behalf of his daughter

17 Hillside Drive         Elizabeth Boleyn, 21 Hillside Drive East.  He was concerned the proposed garage will encroach into the utility easement.  He had suggested to the Board of Adjustment to require the property owner secure a survey prior to beginning construction.

Consent Agenda          A motion was made by Petersen, seconded by Bearinger to approve the following consent agenda items:

A.  Minutes of the June 26, 2012 regular meeting.

B.  Class ‘C’ Liquor and Sunday Sales renewal for Viper Lanes

C.  Request for a CDBG Extension

D.  Request to close the 100 block of 3rd Avenue NE August 25, 2012 between 12:00 noon and 5:00 P.M. for a neighborhood block party.

E.  Set future Council meeting start time at 6:00 P.M.

F.  Set Ramos vicious animal appeal for July 23, 2012 at 5:30 P.M.

All voted aye.

Motion Carried

COUNCIL PROCEEDINGS, JULY 9, 2012, PAGE 2

Oelwein Healthcare     A motion was made by Petersen, seconded by Bearinger to approve a request

Burn Request               from Oelwein Healthcare to burn brush from a water way south of its building this fall subject to Fire Chief’s oversight.  All voted aye.

Motion Carried

Fire Chief Rundle stated they would have equipment present during the controlled burn.

Kringlen Vicious          Attorney VanVeldhuizen explained that Donna Kringlen was on the premises

Animal Appeal            with her dog for the Vicious Dog appeal.  She was advised the dog would not be permitted into the Council Chambers.  She wanted the Council to go outside and visit the dog.  Attorney VanVeldhuizen explained to her that is not how the process works.  In her absence the Hearing continued based upon the statements of the persons present.

VanVeldhuizen explained the appeal process to the audience.

Patrolman Barker began with a recap of the incident.  Attorney VanVeldhuizen asked questions of Barker clarifying key points.

The victim, Mary Allessio spoke.  She identified the dog with Ms. Kringlen as her attacker.

A motion was made by Ericson, seconded by Sherrets to deny the appeal and deem the dog to be vicious.

Ayes:  Petersen, Ericson, Bearinger, Sherrets, Ryan, Stickel

Nays:  None

Motion Carried

Plaza Board Mtg.         Ryan reported on the July Plaza Board meeting.

UERPC                        UERPC Executive Board has recommended applicant Rachelle Howe for the Upper Explorerland Regional Planning Commission Executive Director’s position.  If approved she would begin her new position August 1, 2012.

Fayette County            All fires are prohibited within Fayette County until further notice.

Burn Ban

Executive Session        A motion was made by Petersen, seconded by Ryan to go into Executive Session per Iowa Code 21.5(i) to discuss a personnel matter.

Ayes:  Petersen, Ericson, Bearinger, Sherrets, Ryan, Stickel

Nays:  None

Motion Carried

Return to Regular         A motion was made by Sherrets, seconded by Bearinger to return to regular

Session                        session.

Ayes:  Petersen, Ericson, Bearinger, Sherrets, Ryan, Stickel

Nays:  None

Motion Carried

COUNCIL PROCEEDINGS, JULY 9, 2012, PAGE 3

Adjourn                       A motion was made by Sherrets, seconded by Bearinger to adjourn at 9:23 P.M.  All voted aye.

Motion Carried

                                                   __________________________________

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 July 9, 2012 and copy of said proceedings was furnished to the Register July 11, 2012.

___________________________________________

STEVEN H. KENDALL, CITY ADMINISTRATOR

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