August 1, 2005

Wellman, Iowa 52356

The Wellman City Council met in regular session in the Council Chambers of the Wellman Municipal Building at 7:00pm. Mayor Max Lewis presided with the City Attorney, City Clerk and following Council Members: Robert Goodrich, Robert Swartz-endruber, Richard Oldfield, George Kisner, and James Seward; absent: no one. Also present were Mary Coblentz and Katherine Anderson from the news media, Sheriff Jerry Dunbar and thirteen citizens.

The Agenda was approved upon motion by Goodrich, second by Oldfield and all aye votes.

The Public Hearing to receive comments on the proposed changes to the Wellman Zoning Ordinance was opened at 7:01pm. There were no written or oral comments. The Clerk summarized the changes regarding making one district for residential zoning versus the three districts that had existed. The Hearing was closed at 7:03pm. Ordinance No. 171 was introduced and caused to be read to amend the Wellman Zoning Ordinance. Goodrich moved to approve the first reading of Ordinance No. 171 and to waive the second and third readings for final adoption. Oldfield seconded the motion and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

The minutes of the previous meeting were presented. With no additions or corrections the minutes stand approved as read.

The bills were reviewed and discussed with Swartzendruber asking about a bill from the Wellman Telephone Company regarding repairs to a cut cable. This apparently occurred on 9^th Avenue during the gas main work. The invoice also included rental of the trenching machine. After further discussion Seward moved to approve the bills for payment, Goodrich seconded and all voted aye to pay the following:

GENERAL GOVERNMENT FUND

POLICE PROTECTION:

Washington County Auditor – Aug law contract 5,037.35

Wellman Telephone Co – phone to law center 35.77

FIRE PROTECTION:

Alliant Energy – fire station electric 222.55

City of Wellman – fire station Jun gas 8.83

CIVIL DEFENSE:

Alliant Energy – weather siren 12.80

Mellinger Cabinet Shop – fire siren Aug electric 15.00

ANIMAL CONTROL:

Paws & More – Aug payment 140.00

TRAFFIC CONTROL:

Alliant Energy – highway flashing light 12.80

LIBRARY SERVICES:

Payroll expense 2,009.14

Amazon.com – library books 76.57

Sandy Miller – reimburse for summer reading supplies,mileage 159.41

Steve Miller – reimburse for office supplies,mileage 51.21

Old Capital Screen Print – summer reading T shirts 350.70

State Library of Iowa – workshop registration 35.00

University of Iowa – festival of books workshopx3 186.00

Wellman Telephone Co – library phones 53.99

PARKS:

Payroll expense 891.31

Alliant Energy – electric services 245.43

Summer Rec Program – transfer balance 2,000.00

Wellman Telephone Co – concession stand phone 21.40

SENIOR DINING:

Payroll expense 239.40

Alliant Energy – electric services Senior center 433.02

City of Wellman – Jun utilities 116.09

Freeman Foods – batteries 3.84

PLANNING & ZONING:

Wellman Advance – notice of public hearing 16.28

LEGISLATIVE:

Payroll expense 53.83

FINANCIAL ADMINISTRATION:

Payroll expense 450.47

CITY HALL:

Payroll expense 132.68

Alliant Energy – municipal building 489.63

Aramark Uniform Services – mats 15.83

Freeman Foods – cleaning supplies 17.06

General Pest Control – Aug service 11.00

City of Wellman – Municipal Building Jun gas 14.50

Wellman Telephone Co – city hall phones 141.53

OTHER ADMINISTRATIVE EXPENSES:

Koch Brothers – copier maintenance contract 366.12

Petty Cash Fund – postage 33.42

Wellman Advance – publications 363.91

EMPLOYEE HEALTH BENEFIT:

Cross Medical Laboratories 29.20

Gastroenterology Assoc of Iowa City 83.90

Riverside Family Dental Practice 122.40

PAYROLL TAXES & DEDUCTIONS:

Federation Bank – fed wht & fica/medicare 2,598.61

IPERS – employee retirement fund 2,057.18

Treasurer State of Iowa – state wht 693.00

AFLAC – employee insurance 226.60

Wellmark – payroll deduction 124.70

RECREATION CENTER:

Payroll expense 507.22

ADT Security Service – August service 46.01

Alliant Energy – skating rink electric 284.10

Iwireless – cell phone service 66.00

City of Wellman – skating rink Jun services 63.77

Treasurer State of Iowa – July sales tax 43.47

Wellman Telephone Co – skating rink phone 24.88

LOCAL ACCESS CHANNEL:

Larry Thurman –reimbursements 86.07

TOTAL 21,520.98

ROAD USE TAX FUND

Payroll expense 325.65

Alliant Energy – street lighting 1,456.15

LL Pelling – summer chip&seal street work 8,133.68

TOTAL 9,915.48

9^TH AVENUE STREET IMPROVEMENT PROJECT

LL Pelling Company – pay estimate number 3 21,364.03

MAINTENANCE SHED CAPITAL PROJECT

Garling Construction – pay estimate #2 80,475.21

GAS SYSTEM FUND

Payroll expense 2,447.27

Alliant Energy – gas regulator station 20.89

Brown Supply Co Inc – yellow marking paint & UPS fee 112.98

City of Wellman General Fund – budgeted transfer 15,000.00

Groebner & Associates – parts,materials 396.26

Iowa Assn Municipal Utilities – grade gas OQ tests 6.00

Matt Parrott & Sons – 1/3 cost disconnect notices 58.99

Municipal Gas System – refund deposits to customer accounts 151.88

Slabach Construction Co – gas line bore 902.50

Treasurer State of Iowa – July sales tax 548.94

Donna Wade – mileage to Washington/random drug test 16.20

Washington County Hospital – random drug tests/Slaubaugh & Wade 50.00

Wellman Telephone Co – repair cut cable on 9^th Avenue 473.00

TOTAL 20,184.91

WATER SYSTEM FUND

Payroll expense 2,357.41

Alliant Energy – electric services 1,591.85

Hach Company – chlorine powder pillows 43.80

Hawkins Water Treatment – chemicals 288.00

Matt Parrott & Sons – 1/3 cost disconnect notices 58.98

Municipal Water System – refund deposits to Debler account 76.12

refund deposit to Hal Yoder account 75.76

City of Wellman – water plant Jun gas 6.00

Treasurer State of Iowa – July sales tax 1,198.23

Wellman Telephone Co – water plant alarm 23.98

TOTAL 5,720.13

9^TH AVENUE SOUTH WATERMAIN IMPROVEMENTS PROJECT

Seaton Construction – pay estimate #1 20,989.30

WASTEWATER SYSTEM FUND

Payroll expense 1,674.92

Alliant Energy – New maintenance shed 1,659.16

Aramark Services – shirts to close contract 78.74

City of Wellman General Fund – budgeted transfer 15,000.00

Iwireless – cell phones 115.50

Kalona Auto Parts – 6 belts for wastewater plant blowers & freight 195.67

Matt Parrott & Sons – 1/3 cost disconnect notices 58.98

Testamerica – wastewater testing 313.20

Treasurer State of Iowa – July sales tax 109.75

City of Wellman – Jun gas services 31.84

Wellman Telephone Co – phone services 64.73

TOTAL 19,302.49

SOLID WASTE DISPOSAL FUND

Cox Sanitation & Recycling – Jul recycling 2,550.00

stickers sold 128.00

TOTAL 2,678.00

SENIOR DINING HAA FUND

Payroll expense 821.48

Freeman Foods – raw food & supplies 94.05

General Pest Control – Aug service 9.00

H & H Foodservice – raw food & supplies 222.75

Hawkeye Foodservice – raw food & supplies 1,182.37

Mildred Whetstine – reimburse supplies,raw food 66.05

TOTAL 2,395.70

SENIOR CENTER COMMISSION FUND

Payroll expense 53.29

GRAND TOTAL 204,599.52

Sheriff Jerry Dunbar reported the burn ban that was in effect has been lifted. There was only one citation during the ban. The department has been busy with summer related issues. It has been requested they provide more coverage for 9^th Avenue during the construction period. Goodrich asked about the Supreme Court ruling on residency for sex-offenders. Dunbar indicated the department, for the time being, will go back to the two-thousand foot rule.

Washington County Supervisor, Jack Dillon was present to review the 28E Agreement for a Communications Commission. He shared a copy of the letter the supervisors have sent to the Commission in regard to paragraph 5. In the current draft the sheriff may be appointed as Communications Officer. The supervisors ask that the wording be changed to shall be the Officer. Dillon reported that if all the county communities agreed with the finalized 28E agreement a formula will be attached for cost sharing. The communications has in the past been a part of the County Law Enforcement Contract but with the City of Washington returning to operating their police department, the communications center needs to be separated too. The formula for cost share would be based on valuations, number of calls to each community plus population. This agreement will go into effect for fy07. Dillon stated the supervisors question if the communication employees are county or commission employees. If they are employed by the commission, they would have to get their own insurance as they could not be covered by the County’s policy. Starting with next fiscal year, communities will be budgeting two line items, one for the law contract and another for communications. Councilman Seward indicated he did not want to act until final language was in the 28E Agreement. Terry Philips of Riverside encouraged the Council to sign it. Philips represents Riverside and feels it is a good agreement and even if the Council was to approve it, it could still be changed to read the Sheriff shall be the Officer. Sandra Johnson, an alternate to the Commission, reported the Commission has acted on this Agreement on a three to two vote. The Council did not approve the agreement at this time.

Evan Parrott was present to report he is writing the REAP grant to extend the North Park walking paths to the Elementary School. Goodrich commented he did not feel the City would get funding for this project. In other Park and Recreation issues, Teresa Lampe, Recreation Director, asked to place bins for empty cans in the parks to collect for the playground equipment project funding. She showed pictures of the wire bins at Lake Darling and stated they cost $100 per bin. The golf course has already given permission to place one there. Goodrich added he would like to have a budget amendment to give the unspent $5,000 budgeted last year for economic development to go to the playground project fund. Lampe further reported the Park Board has asked she attend a workshop in Davenport in September at a cost of $75. She asked that the City set up a new checking account for the Summer Rec program with authority for her and Tarin Allen, the Sunrise Daycare Director to sign checks. Lampe also wanted permission to place a pop machine in the main shelter at North Park to make drinks available for those playing Frisbee Golf as well as other park activities. She asked for permission to obtain bids to remodel the skating rink restrooms for handicap accessibility and enlarge the area as well as refinish the skate floor surface. Discussion was held on funding and how the income is covering expenses for the facility. Kisner stated the restrooms and floor needed to be done and moved to authorize Lampe to get bids and present them at the next meeting. Swartzendruber moved to accept the Parks & Recreation report and requests, Goodrich seconded and all voted aye.

The report on the Planning and Zoning Commission included the Commission recommending hiring a building permit inspector to determine that setbacks and other regulations are being followed. Discussion ensued as to determining property lines and how to enforce setbacks if the lines are unknown. Further work will be done by the P & Z Commission on these issues.

Resolution No. 05-26 to correct an employee wage rate was introduced and caused to be read. Mark Farrier’s hourly rate on the annual wage resolution was set at $11.34. However, his raise was to be thirty-four cents and should have been set at $11.53. Goodrich moved to adopt Resolution No. 05-26, Oldfield seconded and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

Resolution No. 05-27 to set a date for a public hearing on a loan agreement in the principal amount of $200,000 was introduced and caused to be read. The funding is for the 9^th Avenue South watermain project. Seward moved to approve Resolution No. 05-27, Oldfield seconded and upon roll call the vote was unanimous ayes. The Public Hearing will be held Monday, August 15, 2005 at 7:00pm. The Mayor affixed his signature.

Resolution No. 05-28 to approve application for a REAP Grant was introduced and caused to be read. Seward moved to adopt Resolution No. 05-28, Swartzendruber seconded and upon roll call the vote was unanimous aye votes. The Mayor affixed his signature.

Resolution No. 05-29 to establish a traffic control sign was introduced and caused to be read. The resolution calls for a Stop Sign to be placed at Fairview Drive where it intersects 11^th Street before turning east or west. Seward moved to adopt Resolution No. 05-29, Goodrich seconded and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

Resolution No. 05-30 to adopt a credit card policy was introduced and caused to be read. Swartzendruber moved to adopt Resolution No. 05-30, Kisner seconded and upon roll call there were all aye votes. The Mayor affixed his signature.

Resolution No. 05-31 to authorize and approve a loan agreement and provide for issuance of a $133,000 General Obligation Corporate Purpose Note and the levy of taxes for same was introduced and caused to be read. This note is for the repayment of the project note for the water and sewer main improvements for 9^th Avenue North. Goodrich moved to adopt Resolution No. 05-31, Seward seconded and upon roll call all members voted aye. The Mayor affixed his signature.

Change Order 1 for the new maintenance shed was presented. The order provides for extension of underground electrical conduit which was farther than originally specified. The amount of the change order is $565.00. Goodrich moved to approve the change order, Seward seconded and all voted aye.

As the maintenance shed is progressing additional funds will be needed to cover the contractor pay estimates. Seward moved to cash the Hills Bank gas CD when funds are needed. Goodrich seconded and all voted aye.

Mayor Lewis reported cement at Reggie Tire’s drive entrance has been cracked and undermined apparently from the water main construction work along the street. He estimates about five yards of cement will be needed. Seward expressed his concerns of the storm water drop at that same location needing repaired also. The Mayor will get cost estimates of the work and report back to the Council.

Mayor Lewis has been contacted by Howard Bohr that they are willing to remove the fuel storage tank at the old maintenance shed for salvage free of costs to the City. Swartzendruber moved to approve Bohrs disposing of the tank, Oldfield seconded and all voted aye.

Warranty is up on the new HP laser printer. Quill Corporation offers a two-year extension with on-site repairs for $149.99. Oldfield moved to approve the extended warranty, Goodrich seconded and all voted aye.

George Kisner has exercise equipment he has offered to place in the City Hall basement for the public to use. The Clerk has checked with the insurance agent who has been told by the insurance company that they would require someone to always be in attendance when the equipment was in use. Therefore, the City will not be able to accept the equipment.

East Central Iowa Council of Governments has contacted the City regarding application for another housing grant that will be due in December. Goodrich moved to enter into the service agreement with ECICOG to write a grant application. Seward seconded the motion and all voted aye.

The policy statement for delinquent accounts was reviewed and discussed. Comments from the Council indicated a no extension policy should be put into place. The clerk will work on the wording of the policy and have it ready for the next meeting.

The Employee Handbook update was presented. With no changes in the draft, Swartzendruber moved to implement the update, Seward seconded and all voted aye.

With work needing to be done on the City Code book it was decided to have the City Attorney attend a work session with council members providing a list of changes and additions in the code to be discussed and reviewed. The work session was scheduled for Monday, August 29, 7:00pm.

In General Discussion, Seward asked why the watermain material was being stored on the American Eco property. Lewis reported he had no idea who gave permission to store the material there but he did talk to the property manager who gave permission to leave it there.

Goodrich asked about the collection of dirt and concrete at South Park and was told Lewis has a contractor who will come in and grind the cement and remove it.

Swartzendruber reported a leaking water fountain near the main restroom building that is collecting mossy water. He asked to have it repaired. He suggested the trees on the south edge of North Park be trimmed as there are several dead limbs in the trees and small limbs on the ground. He inquired as to why the pile of dirt had not been cleaned up at the northwest corner of North Park. Lewis stated when the city workers had time it would be done. Swartzendruber suggested getting a contractor in to do the work. Swartzendruber wondered why the wall had not been built on the building adjoining the new maintenance shed property as the City had given funds to the property owner to build it and a timeline to get it done. Kitchen suggested using the nuisance abatement process to remedy the situation. Swartzendruber asked why the no parking sign had not been posted on the north side of 7^th Street just east of 8^th Avenue. Mayor Lewis indicated that would be done. Swartzendruber inquired as to when the City would be scheduled for another audit with the Clerk informing him it will be at the end of this fiscal year. Swartzendruber read an email he received from Cindy Duwa who was quite upset over the use of their 9^th Avenue property to store equipment and materials for the 9^th Avenue project without contacting the Duwa’s for permission. He indicated the Duwas may attend the next meeting to address the Council directly on this issue.

The City Clerk reported office staff is working on updating the Wellman Disaster Plan and also a Welcome to Wellman booklet.

Kitchen has done title work for transferring/trading property with the Bohrs south of the wastewater treatment plant which includes the bridge on 1^st Avenue. This should be available for the next council meeting.

During the Public Forum Angela Wasson asked about getting her front yard repaired from a watermain break several months ago. She had been promised but it was never done. She also stated the South Park is not cleaned up as yet from the July 4^th events. Wasson requested a stop sign be placed at DJ’s Café for traffic exiting the alleyway/parking lot onto Highway 22 until construction work is completed at that intersection. She reported there are no doors on the women’s restroom stalls at North Park nor a lock on the restroom door and asked that something be done to ensure more privacy. She announced A Taste of Wellman will be held Wednesday, August 10 at North Park with local vendors selling crafts, food items and other products. The Upper Deer Creek Mennonite Church and the Washington Community Band will be performing in the band shell.

With no further business the meeting was adjourned at 9:15pm. The next regular City Council meeting will be held Monday, August 15, 2005, 7:00pm in the Council Chambers of the Wellman Municipal Building.

These minutes transcribed by the City Clerk from written notes and/or audio tape subject to Council approval.