1.    Call to Order

The City Council of the City of Nevada, Iowa, met for a regular meeting in the Council Chambers located at City Hall, 1209 6th Street, Nevada, Iowa.  Mayor Andrew Kelly convened the meeting at 6:02 p.m. on Tuesday, May 28, 2013, pursuant to the rules of the Council.  The agenda was posted on the official bulletin board in compliance with the open meeting law.

2.    Roll Call

The roll was called indicating the following named Council Members present and absent.  Present: Brett Barker, Chris Clark, Ray Schwichtenberg and Brian Hanson.  Absent: Jane Heintz.

Staff Present:  Elizabeth Hansen, Kerin Wright, Erin Clanton, Jeremy Huntsman, Heath Picken, Shawn Cole, Dana Wipperman, Beth Williams, and Mike Neal. Also in attendance was:  Matt Riesberg, Eric Thorson and James Stevens.

3.    APPROVAL OF AGENDA

Motion by Ray Schwichtenberg, seconded by Brian Hanson, to approve the agenda.  After due consideration and discussion the roll was called.  Aye: Schwichtenberg, Hanson, Barker and Clark.  Nay:  None.  The Mayor declared the motion carried.

4.    PUBLIC HEARING(S)

    A.    Sidewalk Zone 5
        1.  Public Hearing
At 6:04 p.m. Mayor Andrew Kelly announced that this is the time and place set for a public hearing as advertised in the Nevada Journal on May 9 and May 16, 2013.  The public hearing is for Notice to Property Owners regarding Sidewalk Zone 5 Project.  

There were no written or oral objections to the aforementioned recommendation. With no further comments for or against the proposal, the Mayor declared the hearing terminated at 6:04 p.m.

        2.    Resolution No. 093 (2012/2013): A Resolution of Necessity pursuant to Section 384.49 of the Iowa Code covering Phase 5 of the Nevada Sidewalk Program

Motion by Brian Hanson, seconded by Brett Barker, to adopt Resolution No. 093 (2012/2013).  After due consideration and discussion the roll was called.  Aye: Hanson, Barker, Clark, Schwichtenberg.  Nay:  None.  The Mayor declared the motion carried.

        3.    Resolution No. 094 (2012/2013): A Resolution Approving and confirming plans, specifications, form of contract and estimate of cost for the 2013 Sidewalk Program and approving Request for Quotations.

Motion by Brett Barker, seconded by Ray Schwichtenberg, to adopt Resolution No. 094 (2012/2013).  After due consideration and discussion the roll was called.  Aye: Barker, Schwichtenberg, Clark and Hanson.  Nay:  None.  The Mayor declared the motion carried.

    B.    Interconnection/Service Control Building
        1.    Public Hearing
At 6:06 p.m. Mayor Andrew Kelly announced that this is the time and place set for a public hearing as advertised in the Nevada Journal on May 9, 2013.  The public hearing is for construction of Interconnection/Service Control Building.  

There were no written or oral objections to the aforementioned recommendation. With no further comments for or against the proposal, the Mayor declared the hearing terminated at 6:06 p.m.

        2.    Resolution No. 095 (2012/2013): A Resolution Finally approving and confirming plans, specifications, form of contract and estimate of cost for the Service Control Building Project.
            Bids Received:
            A.    Weidner Construction        $310,000
            B.    Woodruff Construction    $348,700

Motion by Brett Barker, seconded by Ray Schwichtenberg, to adopt Resolution No. 095 (2012/2013).  After due consideration and discussion the roll was called.  Aye: Barker, Schwichtenberg, Clark and Hanson.  Nay:  None.  The Mayor declared the motion carried.

        3.    Resolution No. 096 (2012/2013): A Resolution Awarding Contracts for the Service Control Building Project.

Motion by Brett Barker, seconded by Ray Schwichtenberg, to adopt Resolution No. 096 (2012/2013).  After due consideration and discussion the roll was called.  Aye: Barker, Schwichtenberg, Clark and Hanson.  Nay:  None.  The Mayor declared the motion carried.

5.    CONSENT AGENDA

Motion by Brian Hanson, seconded by Brett Barker, to approve the following consent agenda items:

    A.    Approve Minutes of the Regular Meeting held on May 13, 2013
    B.    Approve Payment of Cash Disbursements, including Check Numbers 56035-56134 (Inclusive) Totaling $219,058.47 (See attached list)
    C.    Approve Financial Reports for Month of April, 2013
    D.    Approve Lien on Property for Utility Debt:
        1.  525 9th Street, Acct #31152-17477, $134.61
    E.    Approve Fiscal Year 2013/2014 Retail Cigarette Tobacco Permits for:
        1.    Fareway Store, #426, 1505 South B Avenue
        2.    The Liquor Cabinet, Inc., 835 6th Street, #1
        3.    Cook’s Grocery, 1116 Lincoln Highway
        4.    Casey’s General Store #2306, 1138 Lincoln Highway
        5.    Good & Quick Co, 519 Lincoln Highway
        6.    Kum & Go #396, 136 Lincoln Highway
        7.    Kum & Go #533, 731 Lincoln Highway
        8.    Dollar General #1536, 1705 S B Avenue

After due consideration and discussion, the roll was called.  Aye: Hanson, Barker, Clark and Schwichtenberg.  Nay:  None.  The Mayor declared the motion carried.

6.    MAYOR’S APPOINTMENTS

    A.    Planning & Zoning Commission
        1.    Appointment of James Stevens to fill vacancy – until June 30, 2016
        2.    Appointment of Bo Duckett to fill vacancy – until June 30, 2017
        3.    Appointment of Alyssa Wierson to fill five year term – until June 30, 2018
        4.    Appointment of Matt Rhodes to fill five year term – until June 30, 2018
Motion by Chris Clark, seconded by Brett Barker, to approve the appointments/reappointments of James Stevens, Bo Duckett, Alyssa Wierson and Matt Rhodes to the Planning & Zoning Commission.  After due consideration and discussion the roll was called.  Aye: Clark, Barker, Hanson and Schwichtenberg.  Nay:  None.  The Mayor declared the motion carried.

7.    PUBLIC FORUM

There was no one present who wished to address the Council at this time.

8.    OLD BUSINESS

    A.    Approve Purchase of Street Sweeper for the Street Department
        Bids received: Trans Iowa Equip. LLC, Elgin Pelican NP - $154,225.00
                 Elliott Equipment Co., Global M/3 - $144,640.00

Motion by Brian Hanson, seconded by Brett Barker, to approve the purchase of an Elgin Pelican NP Street Sweeper from Trans Iowa Equip., LLC for $154,225. After due consideration and discussion the roll was called.  Aye: Hanson, Barker, Clark and Schwichtenberg.  Nay:  None.  The Mayor declared the motion carried.

    B.    Library Expansion & Remodel, Larson & Larson, Pay Request #2 in the amount of $303,017.23.
    
Motion by Brian Hanson, seconded by Chris Clark, to approve Pay Request #2.  After due consideration and discussion the roll was called.  Aye: Hanson, Clark, Schwichtenberg and Barker.  Nay:  None.  The Mayor declared the motion carried.

    C.    Amendment #1 to Ordinance No. 975 (2012/2013): Adopt an Amendment #1 to Ordinance Amending the Code of Ordinance of the City of Nevada, Iowa, 2011 by Amending Provisions Pertaining to Water Rates (Chapter 92) and Sewer Rates (Chapter 99) – Second Reading.

Motion by Brett Barker, seconded by Brian Hanson, to adopt Amendment #1 for Ordinance No. 975_reducing the sewer increase to 1%.  After due consideration and discussion the roll was called.  Aye: Barker, Hanson, Clark and Schwichtenberg.  Nay:  None.  The Mayor declared the motion carried.
    
    D.    Amendment #2 to Ordinance No. 975 (2012/2013): An Amendment #2 to Ordinance Amending the Code of Ordinance of the City of Nevada, Iowa, 2011 by Amending Provisions Pertaining to Water Rates (Chapter 92) and Sewer Rates (Chapter 99) – Second Reading.

Motion Chris Clark, seconded by Brian Hanson, to adopt Amendment #2 for Ordinance No. 975 reducing the number of years from 5 years annually to only 1 year. After due consideration Clark and Hanson requested their motion be withdrawn, the request was accepted.

    E.    Ordinance No. 975 (2012/2013): An Ordinance Amending the Code of Ordinance of the City of Nevada, Iowa, 2011 by Amending Provisions Pertaining to Water Rates (Chapter 92) and Sewer Rates (Chapter 99) – Second Reading.

Motion by Brett Barker, seconded by Ray Schwichtenberg, to adopt Ordinance No. 975_with Amendment #1., second reading.  After due consideration and discussion the roll was called.  Aye: Barker, Schwichtenberg and Hanson.  Nay:  Chris Clark.  The Mayor declared the motion defeated.

9.    NEW BUSINESS

    A.    Resolution No. 097 (2012/2013): A Resolution to provide for a Notice of Hearing, Set for June 24th, 2013 at 6:00 p.m., on proposed plans, specifications, form of contract and estimate of cost for the Sanitary Sewer Manhole Rehabilitation Repairs and Sewer Lining Improvements, and the Taking of Bids.

Motion by Ray Schwichtenberg, seconded by Brett Barker, to adopt Resolution No. 097 (2012/2013).  After due consideration and discussion the roll was called.  Aye: Schwichtenberg, Barker, Clark and Hanson.  Nay:  None.  The Mayor declared the motion carried.

    B.    Approve Settlement for Buy-Out of the 2013 Lease with Eric Jensen

Motion by Brian Hanson, seconded by Brett Barker, to approve the Settlement for Buy-Out of the 2013 Lease with Eric Jensen.  After due consideration and discussion the roll was called.  Aye: Hanson, Barker, Clark and Schwichtenberg.  Nay:  None.  The Mayor declared the motion carried.

    C.    Approve Parking Facility Agreement with Van Houweling (Van Wall)

Motion by Brian Hanson, seconded by Chris Clark, to approve the Parking Facility Agreement with Van Houweling.  After due consideration and discussion the roll was called.  Aye: Hanson, Clark, Schwichtenberg, Barker.  Nay:  None.  The Mayor declared the motion carried.

    D.    Approve Amendment to Agreement with HR Green for Municipal Engineering Scope and Fee Services for Construction Observation for Water and Wastewater Service for DDCE, Amendment #2.

Motion by Ray Schwichtenberg, seconded by Brett Barker, to approve the Amendment to Agreement with HR Green for Scope and Fee Services for Construction Observation for Water and Wastewater Service for DDCE, Amendment #2.  After due consideration and discussion the roll was called.  Aye: Schwichtenberg, Barker, Clark and Hanson.  Nay:  None.  The Mayor declared the motion carried.

    E.    Approve Amendment to Agreement with HR Green for Municipal Engineering Scope and Fee Services for Well #9 and Lime Lagoon Discharge for DDCE and the Water Department.

Motion by Brett Barker, seconded by Brian Hanson, to approve Amendment to Agreement with HR Green for Well #9 and Lime Lagoon Discharge for DDCE and the Water Department.  After due consideration and discussion the roll was called.  Aye: Barker, Hanson, Schwichtenberg and Clark.  Nay:  None.  The Mayor declared the motion carried.

Ray Schwichtenberg reported on the NEDC meeting. They are looking at several projects and checking to see if they are a good fit for Nevada.

Andrew Kelly reported on the Housing and RIF committee meetings. Discussion was held regarding possible neighborhood incentive programs and the downtown RIF program.

Elizabeth Hansen, City Administrator:
•    Hansen reported on the NEDC meeting. A strategic goal session was held. Action items were given to each committee. Discussion was held possibly partnering with other organizations for Housing initiatives.
•    Closing on the Ryerson Property was held today
•    Project Meetings have been held with staff before each council meeting.
•    Hansen advised a conference call with Ruan and Bond Counsel will be held on Friday to discuss the upcoming bond issue to fund all the projects into one
•    Hansen asked for direction from Council regarding her attendance at ICMA Annual Conference in Boston this year. It was the consensus of the Council to allow attendance.
•    Hansen spoke to the Golden Kiwanis on Tuesday. She spoke about the possible rate increases and upcoming projects.

Dana Wipperman advised Council of the corn stalk burn at DuPont on Saturday morning. Colo assisted. He also reported the sirens go off even for wind advisories. He has been approached regarding the school opening during storms. He advised them to speak with the school board. He also checked on the library during the storms and they had over 100+ in their shelter.

Shawn Cole reported 25 houses have signed up for the Sump Pump Project. The first Farmers’ Market will be held next Tuesday, June 4th at the City Hall parking lot.

Mike Neal thanked the Council for their support of the street sweeper purchase. He also advised Jerry Mitchell’s retirement is Friday at the Street Shed. A new employee started in the water department and a current Parks employee transferred to the street department.

Beth Williams reported the steel is going up for the library project. They have moved chairs and books to the basement during the remodel. Next they will be picking out furniture. Sunday there were over 100 in the storm shelter and over 50 on Monday. Story Time starts the week of June 10th. Watch the website for details.

Kerin Wright reported staff has been cross training and preparing for year end.

10.    ADJOURNMENT

There being no further business to come before the meeting, motion by Ray Schwichtenberg, seconded by Brett Barker, to adjourn the meeting. Following voice vote, the Mayor declared the motion carried at 7:15 p.m. the meeting adjourned.

Andrew Kelly, Mayor
ATTEST:

Kerin Wright, City Clerk

Published
Council Approved