NOTICE AND CALL OF PUBLIC MEETING

Governmental Body: Winterset City Council

Date of Meeting: August 7, 2017

Time of Meeting: 7:00 PM

Place of Meeting: City Hall

PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows:

AGENDA:

7:00 1. Call to order, Pledge of Allegiance, roll call, adopt agenda

7:00 2. Public hearing on fireworks

7:30 3. Reports from City Boards & Departments

7:40 4. CDBG Downtown Façade Project

-RDG Planning & Design architectural services contract

-SICOG for administrative services contract

7:50 5. CDBG policies

-Code of Conduct resolution

-Procurement Policy resolution

-Residential Anti-Displacement & Relocation Assistance Plan

-Equal Opportunity Policy statement

-Affirmative Fair Housing Policy

-Policy on the Prohibition of the Use of Excessive Force

8:00 6. 2017 Grading & Drainage Improvement Project

-resolution approving contract & bond

8:10 7. Birchwood Estates Housing Urban Renewal Area

-ordinance providing for the division of taxes

8:20 8. Casper Commercial Urban Renewal Area

-ordinance providing for the division of taxes

8:30 9. Administrator report

8:40 10. Claims

8:45 11. Minutes July 24th meeting

8:50 12. Public comment

8:55 13. Adjournment

This notice is given pursuant to Chapter 28A, Code of Iowa and the local rules of said governmental body.

DATE POSTED: August 3, 2017

BY:

Title: City Administrator

City Council of the City of Winterset, Iowa met in regular session on August 7, 2017 in accordance with the above Notice and Call of Public meeting. The meeting was called to order by Mayor James C. Olson with the following members of the Council in attendance:

PRESENT: Mike Fletcher, Debra Kaldenberg

Philip Macumber, Edmund Seaward

ABSENT: Howard Harrell

The Mayor called for any additions or deletions to the agenda. A motion was made by Council Member Macumber and seconded by Council Member Fletcher to approve the agenda as set forth in the Notice and Call of Public meeting. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the motion carried.

The Mayor stated that the Council has designated this time for a public hearing on regulating the use of fireworks in the City. The Mayor noted that two letters had been sent to City Hall, one expressing support for the use of fireworks and the other in opposition to fireworks. The Mayor then called for comments to be made at this time. First speaker was Tony Wenck who stated that he has a fireworks stand on the north side of town. He stated that he would be okay with some restrictions on the use of fireworks, but he stated that he thought it would be unfair and unwise to ban the total use of fireworks.

The next speaker was Tony Jacobson. He stated that he is concerned that animals are bothered during the use of fireworks. He stated that he is concerned for military veterans who suffer from PTSD ding fireworks use. He asked that the City limit the use of fireworks to perhaps a one week period near the 4th of July.

The Mayor then thanked the public for their comments and stated that the City Council would further consider this matter at their next Council meeting.

The Mayor then stated that the Council would now hear monthly reports from the City Boards and Departments. The Mayor first recognized Joe Lucas and asked for a report from the Winterset Park & Recreation Department. Mr. Lucas presented a written report to the Mayor and Council on Park construction projects and briefly discussed the status of the some of the projects. He also stated that the first Friday concert at the City Park has been a success and he anticipates that they will continue this program next year. He stated that the Aquatic Center will close on August 18th and that they have had very good attendance because of the hot and dry weather of this summer. He stated that the campground continues to be on record pace.

The Mayor recognized Police Chief Ken Burk and asked for a report from the Police Department. Chief Burk presented a written report to the Mayor and Council and discussed some of the items in his report. He stated that another new officer will begin work on August 28th and the Department will finally be back to full force.

The Mayor recognized Ron Jacobsen and asked for a report from the Wastewater Treatment Plant. Ron Jacobsen gave an update on the office repair work. He stated that the windows have been installed and they will be getting a new heating and air conditioning system. He stated that the crew has begun work on cleaning the digester and also work on covering the trickling filter towers.

The Mayor then stated that the next item on the agenda is the architect’s contract for the CDBG Downtown Store Front Façade Project. The City Administrator stated that RDG Planning & Design was selected last year as the architect consultant for this project. He stated that now that the grant has been awarded, the next step is the preparation of details plans & specifications for each of the buildings that will be included in the project. The Administrator stated that he has provided a copy of the contract to the City Attorney for her review. Following a period of discussion, a motion was made by Council Member Fletcher and seconded by Council Member Seaward to approve the following resolution. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the following resolution was duly adopted.

RESOLUTION NO. 2017-94

RESOLUTION APPROVING CONTRACT FOR ARCHITECTURAL SERVICES

COMMUNITY DEVELOPMENT BLOCK GRANT

DOWNTOWN STOREFRONT FAÇADE RENOVATION PROJECT

WHEREAS, the City of Winterset was awarded a Community Development Block Grant for the CDBG Downtown Storefront Façade Renovation Project; and

WHEREAS, detailed architectural plans and specifications must be prepared for the individual building renovation work; and,

WHEREAS, the firm of RDG Planning and Design was previously selected to provide architectural consulting services associated with this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Winterset, Iowa, that the contract with RDG Planning and Design to provide architectural services for the CDBG Storefront Façade Renovation Project be hereby approved.

Passed and approved on this 7th day of August 2017.

James C. Olson, Mayor

ATTEST

Mark Nitchals, City Administrator

The Mayor stated that the next item on the agenda is the contract with SICOG for grant administrative services. The Administrator stated that SICOG assisted the City in the preparation of the grant application for this project. He stated that SICOG has assisted the City several times in the past with administration of a CDBD grant. Following brief discussion, a motion was made by Council Member Macumber and seconded by Council Member Kaldenberg to approve the following a period of discussion, a motion was made by Council Member Fletcher and seconded by Council Member Seaward to approve the following resolution. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the following resolution was duly adopted.

RESOLUTION NO. 2017-95

RESOLUTION APPROVING CONTRACT FOR GRANT ADMINISTRATION SERVICES

COMMUNITY DEVELOPMENT BLOCK GRANT

DOWNTOWN STOREFRONT FAÇADE RENOVATION PROJECT

WHEREAS, the City of Winterset was awarded a Community Development Block Grant for the CDBG Downtown Storefront Façade Renovation Project; and

WHEREAS, the Southern Iowa Council of Governments (SICOG) assisted in the preparation of the CDBG grant application, and SICOG has the experience and expertise to provide grant administration services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Winterset, Iowa, that a contract with the Southern Iowa Council of Governments to provide grant administration services for the CDBG Storefront Façade Renovation Project be hereby approved.

Passed and approved on this 7th day of August 2017.

James C. Olson, Mayor

ATTEST

Mark Nitchals, City Administrator

The Mayor called for a report on the CDBG policies. Jeremy Rounds from SICOG addressed the Mayor and City Council. He stated that CDBG regulations require grant recipients to adopt certain policies as a condition of the grant. Following a period of discussion, a motion was made by Council Member Macumber and seconded by Council Member Kaldenberg to approve the following resolution. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the following resolution was duly adopted.

RESOLUTION NO. 2017-96

RESOLUTION APPROVING POLICIES FOR

COMMUNITY DEVELOPMENT BLOCK GRANT

WHEREAS, the City of Winterset was awarded a Community Development Block Grant for downtown store front façade renovations; and

WHEREAS, said grant requires that the City adopt certain policies consistent with federal law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Winterset, Iowa, hereby adopts the following listed policies:

Section1. Code of Conduct – This policy is to ensure the efficient, fair and professional administration of federal and state grant funds in compliance with applicable federal and state standards, regulations and laws.

Section2. Procurement Policy – This policy is to ensure that sound business judgment is utilized in all procurement transactions and that supplies, equipment, construction, and services are obtained efficiently and economically and in compliance with applicable federal law and executive orders and to ensure that all procurement transactions will be conducted in a manner that provides full and open competition.

Section3. Residential Anti-Displacement and Relocation Assistance Plan – This policy directs that the City will replace all occupied and vacant lower-income dwelling units demolished or converted to a use other than low/moderate income housing in connection with this CDBG activity.

Section4. Equal Opportunity Policy – This policy provides equal opportunity to all employees, applicants and program beneficiaries; to provide equal opportunity for advancement of employees; to provide programs and employment facilities which are accessible to the handicapped and to administer its programs in a manner that does not discriminate against any person because of race, creed, color, religion, sex, national origin, disability, age, familial status, political affiliation, citizenship or sexual orientation.

Section 5. Affirmative Fair Housing Policy – This policy is to promote fair housing practices and prohibit discrimination in the provision of housing because of race, color, religion, sex, national origin, or familial status.

Section6. Excessive Force Policy – This policy prohibits any law enforcement agency operating within this jurisdiction from using excessive force against any individual engaged in nonviolent civil rights demonstrations.

Passed and approved on this 7th day of August 2017.

James C. Olson, Mayor

ATTEST

Mark Nitchals, City Administrator

The Mayor then called for a report on the 2017 Grading & Drainage Improvement Project. The Administrator stated that JRS Excavating has signed the contract and provided the required payment and performance bond and certificates of insurance. The Administrator recommended that the Council approve these documents. A motion was then made by Council Member Fletcher and seconded by Council Member Seaward to adopt the following resolution. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the following resolution was duly adopted.

RESOLUTION NO. 2017-97

RESOLUTION APPROVING CONTRACT AND

PERFORMANCE AND PAYMENT BONDS FOR THE

2017 GRADING & DRAINAGE IMPROVEMENT PROJECT

WHEREAS, the City Council of the City of Winterset, Iowa, has heretofore awarded a contract for the 2017 Grading & Drainage Improvement Project (the “Project”) to JRS Excavating, LLC, and fixed the amount of the performance and payment bonds to be furnished by the contractor, and instructed and authorized the Mayor and City Administrator to execute the said contract on behalf of the City, subject to the approval of the City Council; and

WHEREAS, the said contract has been duly signed by the contractor and by the Mayor and City Administrator, and upon examination by this City Council the same appears to be in proper form; and

WHEREAS, the contractor has filed satisfactory performance and payment bonds in the required amount;

NOW, THEREFORE, be it resolved by the City Council of the City of Winterset, Iowa, as follows:

Section1. The aforementioned contract and performance and payment bonds are hereby approved and declared to be binding upon the parties thereto.

Section2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.

Passed and approved on this 7th day of August 2017.

James C. Olson, Mayor

ATTEST

Mark Nitchals, City Administrator

The Mayor stated that the next item on the agenda is second consideration of an ordinance providing for the division of taxes in the Birchwood Estates Housing Urban Renewal Area. A motion was made by Council Member Macumber and seconded by Council Member Seaward for second consideration of the proposed ordinance. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the motion carried and directed that the proposed ordinance be given second reading at this time.

The Mayor stated that the next item on the agenda is second consideration of a proposed ordinance providing for the division of taxes in the Casper Commercial Urban Renewal Area. A motion was made by Council Member Seaward and seconded by Council Member Macumber for second consideration of the proposed ordinance. Roll call vote:

AYES: Seaward, Fletcher, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the motion carried and directed that the proposed ordinance be given second reading at this time.

The Mayor called for the Administrator to present his report at this time. The Administrator stated that part of the revisions to the public employee bargaining law is a requirement for a re-certification vote. He stated that this election for the eligible employees must be held before November 1st in the year prior to the expiration of the agreement. He stated the current union contract expires June 30 next year, so there has to be a re-certification vote held before November 1, 2017. The Administrator stated that the Public Employment Relations Board (PERB) has drafted administrative rules to implement the new requirements of the law, and he stated that the Ahlers law firm, who has been representing the City during negotiation, is assisting with this recertification process.