Council Meeting Minutes 9-7-2021

REGULAR COUNCIL MEETING

September 7, 2021

     The City Council of the City of Fayette, Iowa, met Tuesday, September 7, 2021, at 6:00 pm in the Community Room at the Fayette Community Library pursuant to law and rules of said council, Mayor Wenthe presiding.

     Roll call: Present - Council members Post, Tucker and Wulfekuhle. Absent - Potratz and Tenney.

     Moved Wulfekuhle, seconded Post, to approve the consent agenda items consisting of the regular meeting minutes of 8/16/21, the claims list of 8/14/21 - 9/3/21, the receiving of the Outstanding Obligations Disclosure Statement for Fiscal Year 2021 and approval of the Special Class C Liquor License for Boarders Inn & Suites/Fayette Hospitality LLC. Roll call, all ayes, motion carried.

     Moved Post, seconded Tucker, to approve the agenda as presented. All ayes, motion carried.

     Mayor Wenthe informed the council on 8/21/21 City Administrator/Clerk McGrane and himself joined a small group to discuss infrastructure needs for cities and counties with Senator Joni Ernst in Fayette. Senator Ernst was shown the W. Water Street project. On 8/26/21, Wenthe and McGrane spent the day with a representative from Eagle Point Solar visiting city buildings to gather information for the installation of solar panels. Eagle Point Solar will present to the council on a future date. Wenthe and McGrane provided 2020 census results and information. The city of Fayette's new population is 1,256, down 82 people from the 2010 census of 1,338. Wenthe encouraged everyone to enjoy Watermelon Days this weekend as well as the Freedom Rock Dedication.

     Upon Mayor Wenthe’s and the Fayette Fire Department’s request, moved Wulfekuhle, seconded Post, to appoint John Rohde to the Fayette Fire Department. All ayes, motion carried.

     City Administrator/Clerk McGrane advised the council Upper Explorerland has been understaffed and the East Central Intergovernmental Association is helping them out with our CDBG Rehab grant. A bid opening for two of the homes will take place on 9/8/21 at city hall. IMWCA requested documents for their annual audit with the incorrect dates, so McGrane has to regather the information for them to complete the audit.

     Fayette Police Chief Ben Davis informed the council a few updates including a peer support training at UIU is coming up.

     Moved Tucker, seconded Wulfekuhle, to discuss and approve the Fayette Community Library Board of Trustees meeting minutes from 8/11/21. All ayes, motion carried.

     Moved Post, seconded Wulfekuhle, to discuss and consider taking action on a nuisance tree. Wenthe advised he has communicated with Dave and Connie Collins, who were present, in reference to a cottonwood tree located on private property at 101 Station Rd. The tree has a large part hanging over the property line onto Collins' property at 310 Old HWY 150 North. Collins had a forester look at the tree and it was determined the trunk is 80-85% rotten. Collins are concerned if the tree falls, it will damage his building. The Fayette city code list cottonwood trees as a nuisance. Collins and Chief Davis have communicated with the property owner about the concern but the property owner does not wish to take the tree down. Collins offered to cover the costs to remove the tree. Wenthe contacted the city attorney and it is a nuisance violation according to the city code, but there are many cottonwood trees throughout the city and it would cost a great deal to remove all of them. The council agreed to have McGrane contact the city attorney for more details and clarifications on the Fayette City Code before the next city council meeting. No formal action was taken.

     Moved Wulfekuhle, seconded Post, to discuss and consider revising the storm water drainage system utility rate for irrigation systems. McGrane had a resident request the council discuss removing the $1 per month storm water drainage system utility fee from irrigation systems bills. Moved Post to remove the storm water drainage utility fee from the monthly bills, but the motion died because of a lack of a second.

     Moved Tucker, seconded Wulfekuhle, to discuss and consider purchasing a police K9. Chief Davis advised the city has an opportunity to purchase a puppy for $600 that may be trained as a future police K9. Davis provided his research and cost estimates for care, vaccinations, training and other expenses. Davis plans on utilizing grants and fundraisers to help cover some of the costs. Officer Nicole Ball would be the K9 handler because she has experience with training animals. Officer Ball advised Chief Davis that if the dog doesn't work out for the city between now and when it is sent to training, Officer Ball would purchase the dog from the city for $600. Davis recommended purchasing the puppy now and re-evaluate in about 6 months to determine if the dog is capable and if the city wants to continue the certification process. Moved Wulfekuhle, seconded Post, to approve the purchase and initial costs of a police K9. All ayes, motion carried.

     Moved Post, seconded Wulfekuhle, to discuss partial pay estimate number 3 to Dave's Home Improvement for CDBG Rehabilitation project at 500 W. Clark Street in the amount of $3,086. Moved Tucker, seconded Wulfekuhle, to approve partial pay estimate number 3 to Dave's Home Improvement for CDBG Rehabilitation project at 500 W. Clark Street in the amount of $3,086. All ayes, motion carried.

     Moved Wulfekuhle, seconded Post, to discuss partial pay estimate number 5 to Heartland Asphalt, Inc. for the Water Street improvements project in the amount of $155,565.65. Moved Tucker, seconded Wulfekuhle, to approve partial pay estimate number 5 to Heartland Asphalt, Inc. for the Water Street improvements project in the amount of $155,565.65. All ayes, motion carried.

     Moved Wulfekuhle, seconded Tucker, to discuss and approve the contract change order number 4 for the Water Street improvements project 20-897. Jon Biederman, the Engineer, advised this includes extra costs for storm sewer, water main and sanitary sewer repairs. Biederman estimates a future change order will include deductions around $7,000-$8,000 for subdrain tile that is no longer needed. Moved Post, seconded Wulfekuhle, to approve the contract change order number 4 for the Water Street improvements project 20-897 in the amount of $6,715.50. All ayes, motion carried.

     Moved Tucker, seconded Wulfekuhle, to discuss, consider and take action on an update with the W. Water Street improvements project. Biederman was present to explain how the liquidated damages work for the W. Water Street project. Biederman explained the city must be able to prove actual damages/expenses that occurred because of the contractor not meeting the original completion date. At this time, Biederman does not think the city has any damages/expenses the city can prove to start penalizing the contractor. Biederman recommends the council discusses it again at the next meeting when we receive another update on the project that is estimated to be completed around September 17. No formal action was taken.

     There being no further business, moved Wulfekuhle, unanimous, to adjourn at 7:10 pm.

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