April 22, 2013                                                

                                    The Oelwein City Council met in regular session Monday, April 22, 2013.  Mayor Murphy called the meeting to order at 6:00 P.M.


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

                                    ABSENT:    None

                                    ALSO PRESENT:  Letzring, Rigdon, VanVeldhuizen


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

                                                                                                Motion Carried


Citizens                        Mike Kerns spoke in open public comment regarding transparency

Mike Kerns                  in local government and the franchise fee.  He indicated that the decision by the council to implement the fee on the first reading rather than three prevented the public from having input on its use. 


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


                                    A.  Minutes of the April 8, 2013 regular meeting.

                                    B.  Claims Resolution in the amount of $530,874.38.

                                    B.  Class ‘C’ Beer Permit, Class ‘B’ Wine and Sunday Sales renewal

                                          For K-Mart #9233

                                    C.  Class ‘C’ Beer Permit and Sunday Sales Renewal for Pizza Hut #4340.


                                    All voted aye.

                                                                                                Motion Carried


Public Hearing             Murphy opened the Public Hearing on the Leasing of Certain Real

Leasing Real                Property for a Term of Approximately 50 Years in Connection with

Property – Police         the Financing for the Oelwein Police Station Project.


                                    Mayor Murphy spoke regarding procedures required for the hearing.  He also outlined that the law enforcement center has spanned a 4 year, 4 month period of time, with 45 council meetings addressing the issue in that time; ten work sessions devoted to reviewing options for the facility, utilization of three consultants in the design and financing; analysis of 12 sites, both with existing buildings and empty parcels.  He also gave a brief synopsis of the resolution that council would vote on, explaining the terms of a 20-year bond payment and a 50-year lease on the land by a Trustee.  The lease will terminate when the debt obligation is met in 20 years.  Mayor Murphy also informed those present that included in this project cost is a portion of a 5th Street extension, water main improvements as well as a storm water retention pond. 


                                    Twenty-five individuals were in attendance in the audience and seven individuals spoke at the Public Hearing.


                                    Mike Kerns, 1213 2nd Street SW, Oelwein – Spoke regarding the cost and relative size of the police facility.  He informed the council that a 3-cell jail may not be necessary considering residents are funding the Fayette County jail.  He suggested the city could recop the costs of transporting prisoners by implementing administrative fines to re-collect some of those fees back to the City.  Kerns expressed concern that a $3.2 million police facility would not generate new jobs for our community; instead create additional overhead costs which require maintenance.  He asked Council to reconsider the committed costs for future residents and councils for the life of the facility and reminded those present that any savings could be used on other improvements within Oelwein.






                                    Paul Ganske, 116 Eastline Road, Oelwein – Expressed his feelings that property taxes in Oelwein were high and asked the council to try to decrease taxes whenever possible.  


                                    Duane Brandt, 721 1st Avenue NE, Oelwein – Shared his opinion that a number of things being proposed with the facility could be changed to alternatives, or removed from the area.  He also indicated that the size of the facility seemed too large and adjustments could be made to decrease the size.  He indicated that in 2004 a similar study had projected a need for 8,000 square feet.  He also stated the franchise fee is to be used on property tax relief and economic development and the sales tax also has a portion earmarked for property tax relief.


                                    Dr. Anthony Leo, 116 8th Avenue NE, Oelwein – Encouraged the council to hear proposed alternates and make fiscally responsible changes.  Leo indicated his great concern  that the space is too large and also expressed his concern that future maintenance to such a large building would be higher than expected.


                                    Jeff Gearhart, 715 5th Street NE, Oelwein – Expressed his belief that the facility is greatly needed, yet the proposed building is too large.  Gearhart agreed that several state and federal guidelines require our facility to be brought up to code to meet the requirements.  He asked council to consider a scaled down version of these plans and use the savings for other projects around Oelwein.  He also indicated that communication between the council and the community should be reviewed to better inform citizens of action by the council.


                                    Savanna DeJong, 23 7th Avenue SE, Oelwein – Reminded those present that the new facility is designed to be a long term solution which will withstand many changes, growth and developments within the community, state and country.  She expressed that in order to create a strong community basis, great fundamentals are needed.  Without a stronghold of internal facilities, the city will be unable to attract growth and development for our community’s future.  She indicated that having a new public facility on the main highway entering the community would also help sell the community to individuals who potentially might move to Oelwein or move their business to the community.


                                    Michael Leo, 3672 Outer Road, Oelwein – Shared his observations that many people are supportive of a new police facility, and in agreement that better working conditions are needed however the size and cost are very concerning.  He indicated his support for a new facility, saying the current facility is very inadequate but asked council to consider a smaller version.


                                    A motion was made by Ryan, seconded by Petersen to close the Public Hearing.

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

                                    Nays:  None

                                                                                                Motion Carried


Resolution #4734        A motion was made by Ericson, seconded by Stickel to adopt Resolution No. 4734 Making Final Determination and Approving Leasing of Certain Real Property for a Term of Approximately 50 years.














                                    During discussion Councilman Weber read a short statement which referenced research he has conducted in regards to the Police Station project since being elected in March.  Weber stated that council has already awarded the contract to build this facility to Ayars & Ayars, design work is already in progress and materials are being ordered.  He expressed concern that if council did not pass this resolution, our city finances may suffer as a result of poor bond ratings but also the cost of the project may very well increase due to the payments for design work and engineering that have already been paid as well as the expense associated with contract termination fees.  Weber stated that his opinion is the council should pass the resolution and move forward with the current project.  He encouraged the citizens of Oelwein to back the decisions of the council and also reminded all those present that negativity and pessimism will not bring jobs and people to Oelwein, it will only push them further away.   Also, the city council is comprised of taxpaying citizens of Oelwein, and they too want nothing but the best for the City of Oelwein.


                                    Sherrets expressed her preference to have the documents reference a 20 year lease and not 50 years.


                                    Murphy stated the bond repayment is for 20 years.  It is standard practice to use 50 years which allows for flexibility, and is also the maximum allowed by the State of Iowa.  The 50 year land lease will automatically terminate in 20 years upon completion of the debt obligation.


                                    Ayes:  Ryan, Stickel, Petersen, Ericson, Weber

                                    Nays:  Sherrets

                                                                                                Motion Carried


                                    Dr. Anthony Leo requested clarification.  Murphy stated the City already signed the development contract approving the plan design and engaging in the project with Ayars and Ayars.   Changes would need to be made through “change orders” which can be costly.  He also stated the blueprint on the flyer in the newspaper is not the most current version.  Approved plans are similar, slightly smaller.


Proclamation                The Arbor Day Proclamation presentation was deferred to later in the week

Arbor Day                   when members of the Tree Board can be present.


Farmers Market            Delphine Deaner with Oelwein Farmers Market requested the following:


                                    1.  Permission to continue to use the parking lot northeast of Subway.

                                    2.  Remove pillars from old parking meters.

                                    3.  Electricity.

                                    4.  Signage for hitching post locations.

                                    5.  Long term development for a more permanent location involving

                                         electricity, water, restrooms, shade for educational and family activities.


                                    A motion was made by Petersen, seconded by Stickel to authorize City Administrator and Deaner to come up with options for improving the present Oelwein Farmers Market Site.  Stickel and Jim Prouty to visit and site and provide input.  All voted aye.

                                                                                                Motion Carried


                                    Oelwein Farmers Market starts Friday, May 17, 8:00 – 11:00 A.M. and Mondays 3:00 –  6:00 P.M.









Affordable                   A motion was made by Ryan, seconded by Petersen directing City

Care Act                      Administrator prepare administrative recommendation re: Affordable Care Act as it relates to City of Oelwein staff.  All voted aye.

                                                                                                Motion Carried


                                    A motion was made by Petersen, seconded by Ryan authorizing the City Administrator to enter into a consulting agreement with True North re: Affordable Care Act.  All voted aye.

                                                                                                Motion Carried


Decant Basin Cover     Utility Superintendent Vic Kane presented two proposals to construct the decant basin cover at the Water Pollution Control Plant (WPCP).

                                                Bryan Construction, Inc.          $28,000

                                                Jeremy Houge Construction     $26,213

                                    A motion was made by Ericson, seconded by Stickel to authorize hiring low bidder Jeremy Houge Construction to construct the Decant Basin cover at the WPCP in the amount of $26,213.  All voted aye.

                                                                                                Motion Carried


Meter Replacement      A motion was made by Ryan, seconded by Ericson authorizing the purchase of meters, mxu’s and versus accessories in the amount of $14,080.40.  All voted aye.

                                                                                                Motion Carried


Resolution #4735        A motion was made by Ericson, seconded by Weber to adopt Resolution No. 4735 to Amend the Personnel Policy Manual.

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

                                    Nays:  None

                                                                                                Motion Carried


Plaza Board                 Ryan presented the April Plaza Board meeting minutes.  City Administrator Letzring attended and was introduced to the Plaza Board.  Two checks were received from the Fayette Co. Clerk of Court for restitution regarding graffiti on the exterior Plaza Wall.  The Plaza/OCAD occupancy agreement is being reviewed.


Airport Board              Stickel presented the April Airport meeting minutes.


UERPC Board              Ryan and Letzring attended the April UERPC Board meeting.


Committee                   A motion was made by Petersen, seconded by Ericson to approve the

Assignments                following City Council Committee assignments:


                                    Planning, Finance, Enterprise & Economic Development

                                                Ericson (Chair), Sherrets, Weber

                                    Public Safety

                                                Weber (Chair), Petersen, Stickel

                                    Wellness Center, Community Wellness & Recreation

                                                Stickel (Chair), Weber, Ericson

                                    Wellness Center Steering

                                                Murphy, Letzring, Ericson

                                    Capital Improvement Program Committee

                                                Ryan (Chair), Weber, Petersen, Sherrets

                                    Ordinance Review Committee

                                                Petersen (Chair), Ryan, Ericson

                                    OCAD Liaison – Ericson

                                    Airport Liaison – Sherrets

                                    Park & Recreation – Weber

                                    Plaza Board – Ryan


                                    All voted aye.

                                                                                                Motion Carried





NEIRL Appointment    A motion was made by Stickel, seconded by Weber to approve the appointment of Ericson and Ryan as Oelwein Council Representative to NEIRL.  All voted aye.

                                                                                                Motion Carried


                                    Mayor requested City Administrator Letzring and other Department Heads research ideas for trash receptacles on the trails.


                                    City Attorney informed Council he received inquiry for sale of a city parcel of real estate in the 300 block of 9th Avenue SW.  He requests Council look at the property prior to the next Council meeting.


Administrator Report   Letzring presented her administrator report.


Curbside Recycling      A Council work session was scheduled for May 13th at 5:30 P.M. to review the Hub Express Curb Side Recycling Survey.


Mercy Hospital            Stickel shared a comment he received wherein a citizen questioned the council spending money on a police department instead of funding a hospital. 


                                    It was noted the hospital is not a City owned facility.


Executive Session        A motion was made by Ryan, seconded by Petersen to go into Executive Session per Iowa Code 21.5(j) and 21.5(c) to discuss real estate and pending litigation.

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

                                    Nays:  None

                                                                                                Motion Carried


Return to Regular         A motion was made by Ryan, seconded by Petersen to return

Session                        to regular session.

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

                                    Nays:  None

                                                                                                Motion Carried


Adjourn                       A motion was made by Weber, seconded by Ericson to adjourn at 8:02 P.M.  All voted aye.

                                                                                                Motion Carried





                                                                                      LARRY MURPHY, MAYOR                                   






                                    JAMIE LETZRING, CITY ADMINISTRATOR


                                    I, Jamie Letzring, 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 April 22, 2013 and copy of said proceedings was furnished to the Register April 24, 2013.





                                    JAMIE LETZRING, CITY ADMINISTRATOR          


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