COUNCIL PROCEEDINGS

                                                                                                          March 14, 2011                                                

                                    The Oelwein City Council met in regular session Monday, March 14, 2011 at 7:00 P.M.  Mayor Murphy presided

Roll Call                      PRESENT:  Stickel, Lein, Ericson, Jensen, Brandt, Ryan

                                    ABSENT:    None

                                    ALSO PRESENT:  Rigdon, Smith, VanVeldhuizen

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

                                                                                                Motion Carried

Service Awards            Mayor Murphy presented five year service awards to Police Patrolman Jay Tommasin and Firefighter Nathan Westendorf.

Eastline Road North     Tim Weber, 124 Eastline Road North asked if progress has been made on surfacing of Eastline Road North.  Vic Kane, 1311East Charles and Paul Ganske, 116 Eastline Road North also inquired stating property owners in the area would be satisfied with a seal-coat surface. 

                                    Street Superintendent Stewart was directed to obtain an estimate for sealcoating Eastline Road from Highway 3 north to 6th Street NE.  This subject will be referred to the Street Committee for consideration.

City Park Roads           Paul Ganske, Oelwein Odd Rods reported the car show will be held July 2nd on the north side of City Park.  Mr. Ganske felt the roads could use some attention.  Stewart reported the area in question was double seal coated approximately two years ago, however he will check them again.

Urban Deer Hunting    Mr. Ganske felt 114 signatures on a petition in favor of urban deer hunting was an insignificant amount compared to the population of Oelwein.  He also feels it is a dangerous proposition.

Consent Agenda          A motion was made by Brandt, seconded by Jensen to approve the following Consent Agenda items:

                                                A.  Minutes of the February 28, 2011 regular meeting.

                                                B.  Class ‘C’ Liquor License Refund to Two Brothers Restaurant. 

                                    All voted aye.

                                                                                                Motion Carried

Public Hearing             Mayor Murphy opened the Public Hearing on the Fiscal Year 2011-2012

F.Y. 2011-2012           Budget. 

                                    Murphy reported a slight increase in the tax levy was due in part to State mandated increases in the IPERS and Municipal Fire & Police Retirement System, health insurance increase and an increase in unemployment premiums.  Road Use Tax revenues are expected to decrease due to the loss of population.

                                    Total expenses are expected to increase approximately $2.5 million primarily due to the water and sewer improvement projects, housing rehabilitation and the Airport Terminal project in which all are partially funded through grants.  An estimated $94,000 (20%) of the Utility Gas-Electric fee was applied to Debt Service lowering the levy.

                                    No comments were received from the public.

                                    A motion was made by Lein, seconded by Jensen to close the Public Hearing.

                                    Ayes:  Stickel, Lein, Ericson, Jensen, Brandt, Ryan

                                    Nays:  None

                                                                                                Motion Carried

COUNCIL PROCEEDINGS, MARCH 14, 2011, PAGE 2

Resolution #4643        A motion was made by Lein, seconded by Brandt to adopt Resolution

Adopt Budget              No. 4643 Adopting Fiscal Year 2011-2012 Budget.

                                    Ayes:  Stickel, Lein, Ericson, Jensen, Brandt, Ryan

                                    Nays:  None

                                                                                                Motion Carried

Deer Hunting               Council expressed mixed feelings on urban deer hunting within the Oelwein City limits.  A decision must be made this month if the Iowa Department of Natural Resources is to become involved. 

                                    Murphy reported the Council has heard from both sides of the issue and suggested delaying action for a year allowing time to obtain input from other small communities that permit hunting. 

                                    Ericson stated he is not sure if the Council is ready to move forward.  When questioned, Chief Logan felt there was no more significant of a problem this year than in past years.  Stickel would like more public input. 

                                    Brandt stated he is not in favor of postponing a hunt.  He believes the areas of hunt would not impose danger to the citizens because it would be in restricted areas as proposed by the DNR.

                                    Ryan echoed Ganske’s earlier statement regarding the petition.  He also believes the deer population in town hasn’t changed much over the past 57 years.  There will be controversy either way it is decided.

                                    City Attorney VanVeldhuizen stated the Council could amend the City Code to parallel DNR regulations.  He also affirmed the DNR’s proficiency testing of hunters.

                                    A motion was made by Ryan, seconded by Ericson to table the topic for one year allowing time for further review and recommendation.  4 voted aye, 2 (Brandt and Jensen) voted nay.

                                                                                                Motion Carried

                                    The topic was referred to the Code Review Committee for review.

Library Property          The Library Board has requested the Council re-evaluate the policy for snowplowing of their parking lot in addition to sanding of the lot.  Susan Macken, Library Director reported the Library has had to adjust its hours because the lot had not been cleared.  She requested the lot be plowed before 9:30 A.M. and sanded each time the City Hall lot is sanded.

                                    Street Superintendent Tom Stewart reviewed the snow removal policy and felt any changes made would cause problems elsewhere.  Stewart stated he is limited in manpower and equipment.  The Library lot is one of the hardest lots to plow.  Each storm is different and he cannot guarantee their lot to be cleaned by 9:30 A.M.  Also, drivers must be pulled from the roads after 12 hours of operating due to CDL requirements.  He suggested the Library’s best option may be to contract the snow removal with a private company. 

                                    Lein suggested reviewing the removal of the bump-outs in the Library lot.  It would be easier and faster to plow a flat open lot.

                                    Chief Logan informed the Council he periodically requests sanding of the City Hall lot due to emergency operations by the Police and Fire Departments. 

                                    The topic was referred to the Public Safety and Streets Committee for review.

COUNCIL PROCEEDINGS, MARCH 14, 2011, PAGE 3

Handicap Parking        A motion was made by Lein, seconded by Jensen to refer a request received from Roger Fisher for a handicap parking space in front of his home at 106 4th Street NW to the Public Safety and Streets Committee for a recommendation.  All voted aye.

                                                                                                Motion Carried

Vacate Street                A motion was made by Brandt, seconded by Lein to refer a request from Matt Weber, 501 8th Avenue NE to vacate 5th Street NE east of 8th Avenue to the Public Safety and Streets Committee.  All voted aye.

                                                                                                Motion Carried

Frederick Ave/20th       Stewart reported he and City Administrator Kendall reviewed proposals

St SE Drainage Study   received from three engineering firms for the Frederick Avenue/20th Street SE Intersection Drainage Study.  A motion was made by Jensen, seconded by Ericson to accept the recommendation of the City Administrator and Street Superintendent authorizing signatures on an agreement with Aecom Engineers for the Frederick Avenue/20th Street SE Intersection Drainage Study.  5 voted aye, 1 (Lein) voted nay.

                                                                                                Motion Carried

Pay Request #5 to        A motion was made by Ericson, seconded by Jensen to approve Pay

Kehe Const. For           Request No. 5 to Kehe Construction in the amount of $69,723.04

Booster Station            for work completed on the Two Pressure Zones – Booster Station Project.  Project Engineer Lance Aldrich stated the majority of the request was for materials stored.  All voted aye.

                                                                                                Motion Carried

1st Avenue                   Lance Aldrich, Fox Engineers reviewed an amendment to the 1st

Lift Station                   Avenue Lift Station project engineering agreement stating it includes the addition of four new flow meters which wasn’t part of the original design and administering Davis Bacon Act compliance.  A motion was made by Ericson, seconded by Stickel to authorize signatures on the 1st Avenue Lift Station Project (Task Order #7) Engineering Amendment.  All voted aye.

                                                                                                Motion Carried

Wastewater                  Lance Aldrich, Fox Engineering presented the Revised Statement of

Treatment Plant            Completion on the 2004 Wastewater Treatment Improvements project.  The contractor, Peterson Construction failed to complete a number of punchlist items including some HVAC work, seeding, repair, etc. The Council assessed the contractor liquidated damages of $38,000 and $41,207.07 in engineering fees.  Aldrich reported he is working with Utilities Superintendent Kane to finish the project. 

                                    A motion was made by Brandt, seconded by Stickel to adopt the Engineer’s Revised Statement of Completion on 2004 Wastewater Treatment Improvements project.  All voted aye.

                                                                                                Motion Carried

Resolution #4644        A motion was made by Brandt, seconded by Ericson to adopt

NEICAC                      Resolution No. 4644 Authorizing Amendment to Agreements with Northeast Iowa Community Action Corporation Previously Approved by Resolution No.4605 and 4623.

                                    Ayes:  Stickel, Lein, Ericson, Jensen, Brandt, Ryan

                                    Nays:  None

                                                                                                Motion Carried

UERPC                        Brandt reported on the Upper Explorerland Regional Planning Commission meeting he recently attended with Councilman Ryan.  A meeting on Hazardous Mitigation has been scheduled for April 7th.

COUNCIL PROCEEDINGS, MARCH 14, 2011, PAGE 4

Library Board              Ryan reported on the March 10, 2011 Library Board meeting.  The Library will be celebrating their 100th anniversary in May. 

                                    Macken updated the Council on negotiations with the City of Hazleton for a services contract.

Appt. Berryman to       A motion was made by Jensen, seconded by Ryan to approve the Mayor’s

Library Board              appointment of Callie Berryman to the Library Board.  All voted aye.

                                                                                                Motion Carried

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

                                    Ayes:  Stickel, Lein, Ericson, Jensen, Brandt, Ryan

                                    Nays:  None

                                                                                                Motion Carried

Return to Regular         A motion was made by Brandt, seconded by Jensen to return to regular

Session                        session.

                                    Ayes:  Ryan, Stickel, Lein, Ericson, Jensen, Brandt

                                    Nays:  None

                                                                                                Motion Carried

Adjourn                       A motion was made by Ryan, seconded by Ericson to adjourn at 8:45 P.M.  All voted aye.

                                                                                                Motion Carried

                                                                                __________________________________

                                                                                LARRY MURPHY, MAYOR

                                    ATTEST:

                                    ___________________________________________

                                    BARBARA RIGDON, DEPUTY CITY CLERK

                                    I, Barbara Rigdon, Deputy City Clerk 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 March 14, 2011 and copy of said proceedings was furnished the Register March 18, 2011.

                                    ___________________________________________

                                    BARBARA RIGDON, DEPUTY CITY CLERK

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