COUNCIL PROCEEDINGS
Regular Meeting
September 24, 2018

The Oelwein City Council met in regular session Monday, September 24, 2018 at 6:00 P.M. Mayor Sherrets presided.

Roll Call Present: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Absent: None
Also Present: Mulfinger, Rigdon, Dillon

Adopt Agenda A motion was made by Derifield, seconded by Cantrell to adopt the agenda as amended. All voted aye.
Motion Carried

Citizens Ginger O’Connell, 303 3rd Street NE gave “kudos to you” good job on the following:

• 3rd & 3rd NE well construction site weeds mowed immediately next day by city employees on August 30
• To City Administrator for taking a lot of heat at the Library landlord meetings and still displayed grace and composure and quickly responding to her questions
• To Street Department for repairing pot holes on her block
• To Matt Weber and Renee Cantrell for openly inquiring and sharing input and information

City Administrator clarified there are not rental inspections for property owners who are owner occupied.

Ben Driscoll, 118 2nd Street NE requested council clean graffiti from 3rd & 3rd NE bridge.

Brett DeVore, 7 9th Avenue SE questioned reasoning for agenda item #12 to waive second and third reading on any ordinance. Mayor stated it is listed on agenda to be able to discuss it.

Consent Agenda A motion was made by Weber, seconded by Christensen to adopt the Consent Agenda as follows:

A. Motion approving September 10, 2018 regular council minutes.
B. Claims Resolution in the amount of $393,406.72
C. Pay Request No. 5 to Portzen Construction in the amount of $56,050.00 for work completed on 42 Well Improvements Project
D. Class ‘E’ Liquor, Class ‘C’ Beer and Class ‘B’ Wine permit renewal for Fareway Stores, Inc. #412

All voted aye.
Motion Carried

Public Hearing Vacant A motion was made by Weber, seconded by Derifield to open the Public Hearing
Bldg Permit & Inspect. on Adding Article IX, Section 12-400 through Section 12-411 Vacant Building Permit and Inspection to the City of Oelwein Code of Ordinances.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

COUNCIL PROCEEDINGS, SEPTEMBER 24, 2018, PAGE 2

Ben Driscoll, 118 2nd Street NE stated the vacant building permit code has a clause in it that prohibits him from exercising his 4th Amendment right to refuse inspection of his private property. Attorney Dillon stated the city does not plan on violating anyones rights.

Close Hearing A motion was made by Weber, seconded by Fisk to close the hearing.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Ord – Vacant Bldg A motion was made by Fisk, seconded by Weber to approve the first
Permit & Inspection reading of an Ordinance Adding Article IX, Section 12-400 through Section 12-411 Vacant Building Permit and Inspection.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Public Hearing-Rental A motion was made by Milks, seconded by Fisk to open the Public Hearing on
Hsg. Inspection Adding Article VIII, Section 12-300 through Section 12-308 Rental Housing Inspection Program to the City of Oelwein Code of Ordinances.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None

Motion Carried

The following people expressed their concerns regarding the rental inspection program.

Ben Driscoll, 118 2nd Street NE, Oelwein
Kevin Ahrenholz, Hub City Landlord Association Attorney, Waterloo
Ron Winter, 914 4th Avenue NE, Oelwein
Barb Wegner, 206 4th Avenue SE, Oelwein
Lee Buhr, 821 West Charles Street, Oelwein
Candy Sheldon, 619 Washington Street, Denver
Cisco Steinbronn, 16271 50th Street, Oelwein
Brad Liverpohl, Denver
Dan Driscoll, 125 1st Avenue NE, Oelwein
Wanda Tippe, Otter Creek Apts., Oelwein
Jim Hurley, 1702 25th Street, Oelwein
Jim Dage, 13 North Frederick, Oelwein
Erica Kaufmann, Manager, Otter Creek Apts., Oelwein

Close Hearing A motion was made by Milks, seconded by Fisk to close the hearing.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Ord – Rental Housing A motion was made by Fisk, seconded by Weber to approve the first
Inspection Program reading of an Ordinance Adding Article VIII, section 12-300 through Section 12-
First Reading 308 Rental Housing Inspection Program.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

COUNCIL PROCEEDINGS, SEPTEMBER 24, 2018, PAGE 3

Ord – Chapter 25 A motion was made by Weber, seconded by Milks to approve the
Housing Maint. and second reading of an Ordinance amending Chapter 25 Housing Maintenance
Occupancy Code and Occupancy Code.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Suspend Rules Cantrell stated she prefers to have all three readings on Code Section 14-130 Public Tree Care. A motion was made by Cantrell, seconded by Weber to not suspend rules and follow through with all three readings of an Ordinance Amending Section 14-30 Public Tree Care, Establishment of Urban Forest Enterprise.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Ord – Public Tree A motion was made by Milks, seconded by Fisk to approve the first
Care, Establishment reading of an Ordinance Amending Section 14-130 Public Tree Care,
Of Urban Forest Ent. Establishment of Urban Forest Enterprise.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Authorize Agreement A motion was made by Fisk, seconded by Milks to authorize signatures on
Grinding/Compost agreement with T & W Grinding and Compost Services, LLC for grinding and compost services. All voted aye.

Motion Carried

Council approved paying Quarter 1 $6,000 grinding/compost fee from Road Use Tax. The yard waste site is getting full. The city can no longer burn so it must ground up before fall leaf pickup and additional trees are brought in.

Ordinance Amending A motion was made by Weber, seconded by Cantrell to approve the first
Landfill Rate reading of an Ordinance Amending Section 16-40 Landfill Rate Classification; Charges and County Recycling Program Fund.

Ayes: Derifield, Fisk, Christensen, Milks, Weber, Cantrell
Nays: None
Motion Carried

Planning, Finance, Cantrell reported on the 5:45 P.M. Planning, Finance, Enterprise and
Enterprise & Economic Development Committee meeting the preceded tonight’s
Economic Develop council meeting. The following Hotel/Motel Grand Funding requests were discussed:

Pawsitively Oelwein, Inc. $3,900
Birdnow Soccer Complex $5,000
Williams Center for the Arts $1,000

A motion was made by cantrell, seconded by Milks to approve the Planning, Finance, Enterprise and Economic Development committee’s recommendation to fund Pawsitively Oelwein, Inc. $3,900 and Williams Center for the Arts $1,000. Birdnow Soccer Complex request was tabled for additional information. All voted aye.

Motion Carried

COUNCIL PROCEEDINGS, SEPTEMBER 24, 2018, PAGE 4

WWTP Grit Pump A motion was made by Milks, seconded by Derifield to authorize the
Purchase purchase of a new grit pump for Wastewater Treatment Plant in the amount of $5,509.00 from Gorman-Rupp.

Motion Carried

Police Radio Equip. A motion was made by Fisk, seconded by Milks to approve the purchase of radio equipment for the Police Department in the amount of $12,802.50 from Racom. All voted aye.
Motion Carried

Public Safety Meeting Weber reported on the 5:30 P.M. Public Safety Committee meeting preceding tonight’s council meeting. A discussion and recommendation from the committee for council to consider moving forward regarding the usage of KnoxBox Rapid Access System. This is a one key system stored in a “box” mounted to a building allowing rapid access to the building by emergency responders.

Park & Rec Meeting Cantrell reported on September Park and Recreation Committee meeting. Installing street signs at Woodlawn Cemetery was discussed to help find headstones easier. Funding is available to do this at no cost to the city. Wings Park Trail enhancements were reviewed. Reagan resigned and Ashlyn Taylor is interested in being on the board.

Board of Appeals Two positions are open on the Board of Appeals. Contact City Hall or Mayor if you are interested.

City Attorney Working on abatement enforcement on two properties and have identified two more properties without utilities or upkeep for several years.

Fall Cleanup Cantrell stated approximately 61 people brought items to the city wide fall cleanup. Things were slow and went very smooth. She recommends having cleanup only once a year.

Adjourn A motion was made by Weber, seconded by Derifield to adjourn at 7:20 P.M. All voted aye.
Motion Carried

___________________________________
Peggy Sherrets, Mayor
ATTEST:

___________________________________________________
Dylan Mulfinger, City Administrator

I, Dylan Mulfinger, 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 September 24, 2018 and copy of said proceedings was furnished to the Register September 25, 2018.

___________________________________________________
Dylan Mulfinger, City Administrator

A work session on Rental Inspection followed the regular meeting.

Public Safety Committee and Planning, Finance, Enterprise & Economic Development Committee met prior to the regular meeting.

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