October 15, 2007

Wellman, Iowa 52356

The Wellman City Council met in regular session in the Council Chambers of the Wellman Municipal Building at 7:00pm. Mayor Ryan Miller called the meeting to order with the City Attorney, City Administrator, City Clerk and following Council Members: Richard Oldfield, Robert Goodrich, James Seward, Karri Fisher, and Robert Swartzendruber; absent: no one. Also present were Mary Coblentz from the news media and three citizens.

The Consent Agenda was approved upon motion by Oldfield, second by Seward and all aye votes. This included approval of the Agenda, minutes of the previous meeting, Casey’s beer and Sunday sales permit renewal, and the following bills:

Bancard	credit card purchases	21.00
Annette Carter	refund service deposits	76.55
Clayton Energy	Sep natural gas purchase	8,965.05
Douds Stone Inc	roadstone/stock pile	156.67
Eastern Iowa Light and Power	street lighting,etc	77.11
Farm Plan	parts	18.49
Farmers Supply Sales	parts	21.27
Federation Bank	fica,medicare,fed wht	2,707.68
Freeman Foods	supplies	71.75
Robert Goodrich	mileage & lodging	211.18
Gretter Motor Company	vehicle repair	206.63
Groebner & Associates	gas parts	36.79
Glenn Guengerich	repairs	975.50
Hy-Vee Pharmacy	employee benefit	50.25
Hygienic Laboratory	quarterly water testing	186.00
Iowa One Call	line locates	21.60
Kalona Machine Shop	material	63.80
Kalonial Lawn Care	Sept mowing & spraying	2,485.00
LL Pelling Company	premix,Hwy 22 painting	840.36
Dale Lampe	repairs	125.00
Limecreek Township Clerk	annual cemetery maintenance	600.00
Matt Parrott & Sons	supplies	193.27
Miller's Medicine Cabinet	employee benefit	23.01
Nu-Trend Accessibility Services	annual lift safety inspection	500.00
Richard Oldfield II	mileage	118.34
Payroll Expenses	transfers	12,912.43
Reggie Tire	fuel	209.05
Robert Swartzendruber	mileage & lodging	301.96
Testamerica	wastewater testing	537.66
Larry Thurman	mileage	92.73
Timberline Sign Inc	logo	10.00
Trio Gas & Hardware	supplies, repairs	244.93
VSP Engineering LLC	engineering fees	15,250.00
Wellman Advance	publications	342.69
Wellman Volunteer Fire Dept	1/2 annual allotment	550.00
Wellmark	employee benefit	1,660.52
TOTAL EXPENDITURES		50,864.27

During the public forum Royce Buckwalter reported he had a plat drawn by Hart-Frederick that needed approval by the Council. Miscommunication caused it not to be on the agenda for this meeting. He asked that the council consider this plat approval at the earliest possible date so that his property transfer can be closed out.

Allen Leichty addressed the Council for a request to offer TIF incentives for a medical clinic that is looking to come to this community. The Council will take this under advisement.

Ordinance No. 199 to amend the Zoning Ordinance to increase the Planning and Zoning Commission members by two persons and increase the number of members to the Board of Adjustment by two members was introduced and caused to be read for its second consideration. Oldfield moved to open the Public Hearing on this amendment at 7:09pm. There were no written or oral comments. Oldfield moved to close the public hearing, Seward seconded and all voted aye. Oldfield then moved to approve the second reading, waive the third reading and final adopt Ordinance No. 199. Swartzendruber seconded the motion and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

Ordinance No. 200 to amend the Subdivision Ordinance to exercise the fringe area agreement with Washington County to a two mile radius was introduced and caused to be read for the second consideration. Oldfield move to open the Public Hearing on this amendment at 7:10pm. Goodrich seconded the motion and all voted aye. There were no written or oral comments. Oldfield moved to close the public hearing, Goodrich seconded and all voted aye. Goodrich then moved to approve the second reading of Ordinance No. 200, waive the third reading and final adopt the ordinance. Fisher seconded the motion and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

Resolution No. 07-43 to approve a 28E agreement to establish a Public Energy Financing Authority in regard to natural gas purchasing was introduced and caused to be read. Swartzendruber moved to adopt Resolution 07-43, Oldfield seconded and upon roll call the vote was unanimous ayes. The Mayor affixed his signature.

Under Old Business the Council discussed issues regarding yard waste disposal. A recent lease agreement with a nearby rural resident has not been completed. The farmer decided he was not interested. After further discussion, it was the consensus that the brush collection area will be closed to the public to comply with DNR requirements. Another rural resident will be sought to take the brush and other yardwaste. Until then, city workers will collect these items and place in the city’s area.

Schwartz Construction, who is renovating the old dime store building on main street, has requested TIF assistance with infrastructure work. The estimated cost was considerably higher than the actual cost for water, sewer and sidewalk installation. Ross requested the Council agree to assist in the electric and phone installations should those be billed to Schwartz as long as it does not exceed the cap the city agreed upon. Dorsey Whitney of Des Moines is preparing the developer’s agreement. It was the consensus to leave the cap where it is set and allow for any infrastructure expenses. The cap had been set at $20,000.

Under general administrative discussion, Jim Seward reported there is another pit bull at the residence where a pit bull had attacked the City Administrator on October 3. Seward was told the dog had run loose in that area as well. It is not registered. This will need to be addressed by a sheriff’s deputy. It was stated the City needs to have a “no tolerance” enforcement on vicious dogs.

Miller reminded everyone of the Candidates Forum to be held Thursday, October 18, 7:00pm at the Senior Center. The work session scheduled for Monday, October 8 was cancelled. Ross stated he would wait until after the election now to schedule the next one so that the newly elected members can sit in on the budget discussions.

Natural Gas Pipeline has filed a three-year renewal for the gas transportation agreement. Oldfield moved to approve the agreement, Seward seconded and all voted aye.

Ross reported to the Council he had received requests to use the budgeted health benefit package for full-time employees for purchasing exercise equipment or other health benefit items. The council discussed the benefit package and possible additional preventive measures funding that the benefit could include. Ross was asked to do more research and draw up a policy that would be definitive for use of these funds.

At 7:51pm Goodrich moved to open the Public Hearing on the nuisance abatement proceedings at the Evans property, 312 3^rd Street. Seward seconded the motion and all voted aye. No one was present to speak on this abatement. Ross showed pictures of the property from August and again on September 4^th. Some cleanup has occurred but a junk car and other items remain. At 7:54pm Swartzendruber moved to close the Public Hearing, Seward seconded and all voted aye. The Council instructed Ross to continue with the abatement process.

At 7:55pm the Public Hearing was open regarding nuisance abatement at the Wagner property, 1015 8^th Avenue by motion from Goodrich, second from Swartzendruber and all aye votes. No one was present to speak on this abatement. Ross reported he had talked to the property owner and much of the junk and debris have been removed. However, there are still items remaining that need to be addressed. At 7:58pm Seward moved to close the Public Hearing, Swartzendruber seconded and all voted aye. The Council instructed Ross to proceed with the abatement.

In regard to the abatement process, Ross asked how long the authority exists for an abatement order. If the property is cleaned up but within a month or two has junk and debris or junk vehicles back on the property, does the process start over again? City Attorney Kitchen stated the ordinance could be amended to provide a time line. That will be available for the next meeting.

With no further business Goodrich moved to enter into closed session at 8:06 pursuant to Iowa Code section 21.5(1)(c) to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent/possible.

At 8:15pm Seward moved to enter back into open session to adjourn. Goodrich seconded and all voted aye.

The next regular City Council meeting will be Monday, November 5, 2007, 7:00pm in the Council Chambers of the Wellman Municipal Building.

Council minutes transcribed by the City Clerk subject to Council approval.