NOTICE AND CALL OF PUBLIC MEETING

Governmental Body: Winterset City Council

Date of Meeting: October 19, 2015

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. Report from Madison County Development Group

7:10 3. Report on City insurance program

7:20 4. Request local match for Iowa Quilt Museum CAT grant

7:30 5. Madison County Multi-Jurisdictional Hazard Mitigation Plan

7:40 6. CDBG Sewer Plant Project

–Change Order No. 1 $26,847.25

–Pay Estimate No. 3 $156,532.75

7:50 7. Nuisance tree ordinance

8:00 8. Liquor license renewals

– Kum & Go

–Winterset Stage

8:10 9. Request for sewer charge adjustment

8:20 10. Employee health insurance plan

8:30 11. Administrator report

8:40 12. Claims

8:45 13. Minutes Oct. 5th meeting

8:50 14. Adjournment

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

DATE POSTED: October 15, 2015

BY:

Title: City Administrator

City Council of the City of Winterset, Iowa met in regular session on October 19, 2015 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: Howard Harrell, John Hunt, Philip Macumber,

Edmund Seaward, Scott Stover

ABSENT: None

The Mayor noted that Andrew Dick, a High School Government class student, was in attendance at the meeting this evening.

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

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

Whereupon the Mayor declared that the motion carried.

The Mayor first called upon Tom Leners to present the report from the Madison County Development Group. Mr. Leners presented a report summarizing activities he has been involved in during the past month. Mr. Leners then went ON to discuss several of these activities in more detail.

The Mayor then recognized Eric Johnson and asked for are report on the City’s insurance program. Eric Johnson presented a report listing five different claims that were paid during the quarter from July 1, 2015 through September 30, 2015. He stated that these included both work comp claims, property damage and a liability claim.

The Mayor stated that the next item on the agenda is to discuss the local match for the Iowa Quilt Museum grant application. Jeremy Rounds from the Southern Iowa Council of Governments addressed the Mayor and Council and stated that he prepared an application for a Community Attractions and Tourism grant. He stated that the Vision Iowa Board, which reviews these CAT grant applications, will require a local cash match from both the City government and the County government. He stated that he is asking on behalf of the local group that the City commit $10,000 over five year period to match the grant funds. Following a period of discussion, Council Member Seaward introduced the following resolution and moved for its adoption. Council Member Harrell seconded the motion. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

RESOLUTION NO. 2015-114

RESOLUTION TO SUPPORT THE SUBMISSION OF THE

COMMUNITY ATTRACTION AND TOURISM GRANT PROPOSAL

AND TO COMMIT LOCAL FINANCIAL SUPPORT

WHEREAS, the Community Attraction and Tourism Program provides funding for such project that have a community, regional, or statewide impact and improves the quality of life for Iowans;

WHEREAS, a proposed grant application to the Vision Iowa Board is necessary for the purpose of renovation of a building on the Winterset Square to serve as the Iowa Quilt Museum.

THEREFORE, IT IS HEREBY RESOLVED that the City of Winterset will contribute directly to the project $10,000 in cash within the next five years for the Iowa Quilt Museum capital development project.

IT IS FURTHER RESOLVED that this Resolution be effective immediately upon its passage and approval by the Winterset City Council.

PASSED AND APPROVED this 19th day of October, 2015.

James C. Olson, Mayor

ATTEST:

Mark Nitchals, City Administrator

The Mayor then recognized Todd Brown and asked that he report on the Madison County Multi-Jurisdictional Hazard Mitigation Plan. Todd Brown addressed the Mayor and Council and stated that every five years the local Hazard Mitigation Plan is updated. He stated that the plan has been updated and is now ready for approval by the County and City governments in Madison County. Following a period of discussion, Council Member Macumber moved to adopt the following resolution. Council Member Stover seconded the motion. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

RESOLUTION NO.2015-115

RESOLUTION ADOPTING THE MADISON COUNTY

MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN

WHEREAS, the City of Winterset recognizes the threat that natural hazards pose to people and property withinour community; and

WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and

WHEREAS, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards; and

WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and

WHEREAS, an adopted Local Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-mitigation grant programs; and

WHEREAS, the City of Winterset fully participated in the hazard mitigation planning process to prepare this Multi-Jurisdictional Local Hazard Mitigation Plan; and

WHEREAS, the Iowa Homeland Security and Emergency Management Division and the Federal Emergency Management Agency Region VII officials have reviewed the “Madison County Multi-Jurisdictional Local Hazard Mitigation Plan”, and approved it contingent upon this official adoption of the participating governing body; and

WHEREAS, the City of Winterset desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Madison County Multi-Jurisdictional Local Hazard Mitigation Plan; and

WHEREAS, adoption by the governing body for the City of Winterset demonstrates the jurisdictions’ commitment to fulfilling the mitigation goals outlined in this Multi-Jurisdictional Local Hazard Mitigation Plan; and

WHEREAS, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Winterset, Iowa that the City of Winterset adopts the Madison County Multi-Jurisdictional Local Hazard Mitigation Plan as an official plan.

BE IT FURTHER RESOLVED that the City of Winterset will submit this Adoption Resolution to the Iowa Homeland Security and Emergency Management Division and the Federal Emergency Management Agency Region VII officials to enable the plan’s final approval.

Passed and approved this 19th day of October, 2015.

James C. Olson, Mayor

ATTEST:

Mark Nitchals, City Administrator

The Mayor called for a report on the change order for the Sewer Plant Project. The Project Engineer, Mark Seip of Veenstra & Kimm addressed the Mayor and Council and stated that changes were required by the DNR when the construction permit was issued. He stated that these changes were made after the project was out for bids. Mr. Seip then went through the list of changes and the cost for each change, which totaled $26,847.25. A motion was then made by Council Member Stover and seconded by Council Member Macumber to approve the following resolution. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

RESOLUTION NO.2015-116

RESOLUTION APPROVING CONTRACT CHANGE ORDER

WASTEWATER TREATMENT FACILITIES IMPROVEMENT PROJECT

WHEREAS the City has previously entered into a contract with C.L. Carroll Co., Inc. for construction of the Winterset Wastewater Treatment Facilities Improvement Project; and

WHEREAS Veenstra & Kimm, the Project Engineer, has proposed Change Order No. 1 to make modifications to the plans in accordance with the requirements of the construction permit issued by the Iowa Dept. of Natural Resources, said modifications increasing the contract price by $26,847.25.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Winterset, Iowa that Change Order No. 1 increasing the contract price by $26,847.25 in the contract with C.L. Carroll Co., Inc. for construction of the Winterset Wastewater Treatment Facilities Improvement Project, is hereby approved.

Passed and approved this 19th day of October, 2015.

James C. Olson, Mayor

ATTEST:

Mark Nitchals, City Administrator

The Mayor called for a report on the pay estimate for the Sewer Plant Project. Project Engineer Mark Seip stated that the contractor has submitted Pay Estimate No. 3 requesting payment in the amount of $156,532.75. He stated that this represents approximately 23% of the contract. Mr. Seip stated that it appears to him that the contractor is ahead of schedule and he recommended that the Council approve this pay estimate. A motion was then made by Council Member Macumber and seconded by Council Member Seaward to approve the following resolution. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

RESOLUTION NO. 2015-117

RESOLUTION APPROVING PAY ESTIMATE

WASTEWATER TREATMENT FACILITIES IMPROVEMENT PROJECT

WHEREAS the City has previously entered into a contract with C.L. Carroll Co., Inc. for construction of the Winterset Wastewater Treatment Facilities Improvement Project; and

WHEREAS the contractor has submitted Pay Estimate No. 3 requesting payment in the amount of $156,532.75; and

WHEREAS the Project Engineer from Veenstra & Kimm, Inc. has reviewed said pay estimate and has recommended approval of Pay Estimate No. 3.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Winterset, Iowa that Pay Estimate No. 3 providing for payment in the amount of $156,532.75 to C.L. Carroll Co., Inc. for work completed on the Winterset Wastewater Treatment Facilities Improvement Project be hereby approved and that the City Administrator is hereby directed to issue payment to C.L. Carroll Co., Inc. in the amount of $156,532.75

Passed and approved this 19th day of October, 2015.

James C. Olson, Mayor

ATTEST:

Mark Nitchals, City Administrator

The Mayor called for a report on the nuisance tree ordinance. Assistant City Attorney Jonathan Schroeder stated that he drafted an ordinance which would add to the list of nuisances in the City Code. He stated that dead or diseased trees and dead wood located on private property would be considered a nuisance and could be ordered to be abated following the procedures set forth in the Nuisance Abatement Chapter. He stated that this is a recommendation from the Winterset Tree Commission. Following a period of discussion, a motion was made by Council Member Hunt for first reading of the proposed ordinance. A motion was seconded by Council Member Seaward. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

The Mayor stated that the next item on the agenda is liquor license renewal for Kum & Go and The Winterset Stage. Following brief discussion, a motion was made by Council Member Harrell and seconded by Council Member Hunt to approve the following resolution. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

RESOLUTION NO. 2015-118

RESOLUTION APPROVING APPLICATIONS FOR

ALCOHOLIC BEVERAGE LICENSE

WHEREAS, there is now on file an application for renewal of a Class E Liquor License, a Class C Beer Permit, a Class B Wine Permit, and a Sunday sales permit filed by Kum & Go. LC; and

WHEREAS, there is now on file an application for renewal of a Special Class C Liquor License (BW) (Beer/Wine) and a Class B Native Wine Permit filed by The Winterset Stage; and

WHEREAS, after due investigation and consideration of said matters, it is considered that the aforementioned applications should be granted and recommendation be made that such licenses should be granted.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Winterset that the following listed liquor license applications are hereby approved and it is recommended that alcoholic beverage licenses be granted for the following businesses:

- Kum & Go. LC

- The Winterset Stage

Passed and approved this day 19th day of October 2015.

James C. Olson, Mayor

ATTEST:

Mark Nitchals, City Administrator

The Mayor called for a report on the sewer charge adjustment. The Administrator provided copies of a letter from Randy Henry requesting adjustment in sewer charges. He stated that Mr. Henry had a leak in an outside hydrant which caused the excessive water usage. The Administrator provided a report to the Council showing water usage at this residence for the past three years. The Administrator stated that this customer has high water usage at other times. He stated that a three year average of water usage at this residence is 1,400 cubic feet which results in an average sewer charge of $95.85. He stated that the most recent utility bill showed a sewer charge of $203.85. He stated that previously established policy provides that the sewer charge above the average usage would be adjusted. Following a period of discussion, Council Member Seaward introduced the following resolution and moved for its adoption. Council Member Harrell seconded the motion. Roll call vote:

AYES: Hunt, Macumber, Seaward, Stover, Harrell

NAYS: None

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

RESOLUTION NO. 2015 – 119

RESOLUTION APPROVING ADJUSTMENTS

SEWER CHARGES

BE IT RESOLVED by the City Council of the City of Winterset, Iowa that a $108 credit is approved in the sewer charge for Randy Henry for property located at 1510 W Washington St.