Notice and Call of Public Meeting s3

NOTICE AND CALL OF PUBLIC MEETING

Governmental Body: Winterset City Council

Date of Meeting: January 4, 2018

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. Reports from City Boards & Departments

7:20 3. Annexation application – Agriland FS, Inc. property

7:30 4. Annexation application – City of Winterset property

7:40 5. Annexation application – Madison County property

7:50 6. Wastewater Treatment Plant Clarifier Rehab Project

-Pay Estimate No. 2 - $4,750.00

8:00 7. Administrator report

8:10 8. Claims

8:15 9. Minutes Dec. 18, 2017 meeting

8:20 10. Public comment

8:25 11. Adjournment

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

DATE POSTED: January 8, 2018

BY:

Title: City Administrator

City Council of the City of Winterset, Iowa met in regular session on January 8, 2018 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: Trevor Bindel, Mike Fletcher, Howard Harrell,

Debra Kaldenberg, Philip Macumber

ABSENT: None

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

AYES: Bindel, Fletcher, Harrell, Kaldenberg, Macumber

NAYS: None

Whereupon the Mayor declared that the motion carried.

The Mayor stated that the Council would now hear reports from City Boards & Departments. The Mayor first recognized Jean Bosch and asked for a report from the Library. Jean Bosch presented a written report showing activities at the Library during the past month. She stated that December was a busy month with the Christmas Holiday break for school children. She stated that they undertook seven programs in a five day period and had very good attendance at these programs.

The Mayor recognized Chism Orr and asked for a report from the Fire Department. Chism Orr reported that the Fire Department responded to eight calls in month of December. He also reported that all firefighters had completed at least 24 hours of training for last year.

The Mayor recognized Police Chief Ken Burk, who presented a written report summarizing activities of the Police Department during the past month. Chief Burk pointed out that 94 snow ordinance tickets were issued recently and stated that he feels the current fine of $25 is too low. He stated that some people ignoring the fine and continue to park on the street during snow removal operations. He stated that he contacted several other cities in Central Iowa and all were at least $35 to $50 for the snow ordinance violation. The Mayor directed that this item be included on the agenda for the next Council meeting.

The Mayor recognized John Pletchette and asked for a report from the Park & Recreation Commission. Mr. Pletchette reported that the ice rink has been open for about ten days now. He stated that the improvements that were made after last year to improve the ice skating rink. He stated that the grading work was done and new lights were installed which made a significant improvement. Mr. Pletchette stated that a woodland tree management plan for the City Park has been completed by the DNR District Forester at no cost to the City. He stated that discussions and consideration of urban deer hunting season also continues with interested parties.

The Mayor stated that the next item on the agenda is consideration annexation applications. The Mayor called upon the Administrator to report on this matter. The Administrator stated that the City has now received volunteer annexation applications from three different property owners covering five different parcels of land. The Administrator presented copies of maps to the Council Members showing that these areas are contagious to each other and are located east of 10th Street and north of Court Avenue.

The Mayor then stated that the first resolution for consideration is to accept the annexation petition filed by Agriland FS Inc. Council Member Kaldenberg introduced the following resolution and moved for its adoption. Council Member Fletcher seconded the motion. Roll call vote:

AYES: Bindel, Fletcher, Harrell, Kaldenberg, Macumber

NAYS: None

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

RESOLUTION 2018-1

RESOLUTION APPROVING THE ANNEXATION OF CERTAIN

REAL ESTATE TO THE CITY OF WINTERSET, IOWA

WHEREAS, there has been presented to the City of Winterset, Iowa an Application for Voluntary Annexation for property owned by Agriland FS, Inc., said property to be annexed legally described as:

Amended Parcel “M”, being a part of Parcel “K”, in the Northwest Quarter of the Southeast Quarter of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa, more particularly described as:

Commencing at the Center of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa; thence South 89°54’11” East, 30.00 feet to a point on the East line of Tenth Street in the City of Winterset and being the Point of Beginning. Thence along said East line of Tenth Street, South 00°12’57” East, 48.00 feet; thence South 89°54’11” East, 800.00 feet; thence North 00°12’57” West, 48.00 feet; thence along the North line of the Southeast Quarter of said Section 31, North 89°54’11” West 800.00 feet to the Point of Beginning and containing 38,400 Square Feet.

Parcel ID: 400073184013000

WHEREAS, there has been presented to the City of Winterset, Iowa an Application for Voluntary Annexation for property owned by Agriland FS, Inc., said property to be annexed legally described as:

A tract of real estate described as follows:

Beginning at the point of intersection of the East line of Tenth Street in the City of Winterset, Iowa, with the South line of Chicago, Rock Island & Pacific Railroad Company right-of-way located in the West Half (W½) of the Southeast Quarter (SE¼) of Section Thirty-one (31), Township Seventy-six (76) North, Range Twenty–seven (27) West of the 5th P.M., thence Easterly along said right-of-way line 110 feet, thence Northerly at right angles 150 feet to a point 20 feet Southerly of and parallel with the center line of said railroad company’s main track, thence Westerly along said parallel line 110 feet to the East line of Tenth Street, thence Southerly along said East line 150 feet to the point of beginning, EXCEPT:

Amended Parcel “N” located in the Northwest Quarter of the Southeast Quarter of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa, more particularly described as: Commencing at the Center of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa; thence South 89°54’11” East, 30.00 feet to a point on the East line of Tenth Street in the City of Winterset; thence along said East line of Tenth Street, South 00°12’57” East, 138.00 feet to the Point of Beginning. Thence continuing South 00°12’57” East, 60.00 feet; thence South 89°54’11” East, 110.00 feet; thence North 00°12’57” West, 60.00 feet; thence North 89°54’11” West 110.00 feet to the Point of Beginning and containing 6,600 Square Feet.

Parcel ID: 400073184082000

WHEREAS, the Applications for Voluntary Annexation from Agriland FS, Inc. were accompanied by maps showing the location of the properties adjacent to the existing City limits of the City of Winterset; and

WHEREAS, the properties are not in an urbanized area within two miles of another city; and

WHEREAS, notice was provided to the Madison County Board of Supervisors and was published at least 14 business days prior to the City Council taking action on the annexation application.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Winterset, Iowa as follows:

1. That the two Applications for Voluntary Annexation filed by the Agriland FS, Inc. for the above described real estate are both hereby approved.

2. That the City Clerk shall file a copy of this Resolution, the maps, and the legal description of the properties with the Iowa Secretary of State, the Madison County Board of Supervisors, each affected public utility, and the Iowa Department of Transportation.

3. That the City Clerk shall record a copy of the legal descriptions, maps and this Resolution with the Madison County Recorder.

Passed and approved this 8th day of January, 2018.

James C. Olson, Mayor

ATTEST:

Mark Nitchals, City Administrator

The Mayor stated that the next resolution for consideration is the annexation of City owned property. Following brief period of discussion, Council Member Harrell introduced the following resolution and moved for its adoption. Council Member Kaldenberg seconded the motion. Roll call vote:

AYES: Bindel, Fletcher, Harrell, Kaldenberg, Macumber

NAYS: None

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

RESOLUTION 2018-2

RESOLUTION APPROVING THE ANNEXATION OF CERTAIN

REAL ESTATE TO THE CITY OF WINTERSET, IOWA

WHEREAS, there has been presented to the City of Winterset, Iowa an Application for Voluntary Annexation for property owned by the City of Winterset, Iowa , said property to be annexed legally described as:

Amended Parcel “K” in the Northwest Quarter of the Southeast Quarter and in the Northeast Quarter of the Southeast Quarter of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa more particularly described as follows:

Commencing at the Center of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa; thence South 89º54’11” East, 30.00 feet to a point on the East line of Tenth Street in the City of Winterset and being the Point of Beginning. Thence along said East line of Tenth Street, South 00º12’57” East, 48.00 feet; thence South 89º54’11” East, 110.00 feet; thence South 00º12’57” East, 150.00 feet; thence South 89º54’11” East, 607.28 feet to a point on the West line of the East 550 feet of the Northwest Quarter of the Southeast Quarter of said Section 31; thence along an existing fence line, South 00º12’57” East, 800.83 feet to the North Right-of-Way line of a Madison County Highway; thence along said North Right-of-Way line, North 89º49’00” East, 334.42 feet; thence North 00º12’57” West 5.00 feet; thence North 89º49’00” East, 286.50 feet; thence departing said North Right-of-Way line, thence North 00º12’57” West 990.79 feet; thence along the North line of the Southeast Quarter of said Section 31, North 89º54’11” West 1,338.22 feet to the Point of Beginning and containing 17.065 Acres exclusive of any Highway Right-of-Way,

EXCEPT:

Amended Parcel “M”, being a part of Amended Parcel “K”, in the Northwest Quarter of the Southeast Quarter of Section 31, Township 76 North, Range 27 West of the 5th P.M., Madison County, Iowa, more particularly described as:

Parcel ID: 400073184014000

Parcel ID: 400073184081000

WHEREAS, the Applications for Voluntary Annexation from the City of Winterset, Iowa were accompanied by maps showing the location of the properties adjacent to the existing City limits of the City of Winterset; and

WHEREAS, the properties are not in an urbanized area within two miles of another city; and

WHEREAS, notice was provided to the Madison County Board of Supervisors and was published at least 14 business days prior to the City Council taking action on the annexation application.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Winterset, Iowa as follows:

1. That the two Applications for Voluntary Annexation filed by the City of Winterset, Iowa for the above described real estate are both hereby approved.