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Ackley City Council | Regular Meeting


ACKLEY CITY COUNCIL met in regular session, March 8, 2017, in the City Hall Council Chambers with Mayor Erik Graham presiding. The meeting was called to order at 7:00 p.m. Council members present: Joe Wessels, Dale Brass, Robert Harms, and Al Jones. Absent: Sue Ibeling. Quorum present.

Harms moved, Jones seconded, to approve the March 8, 2017 Agenda as listed. Roll call vote: Ayes-All. Motion carried.

Brass moved, Wessels seconded, to approve the Consent Agenda by one motion: a) Feb 8, 2017 Regular Mtg, Feb 20, 2017 Special Mtg Minutes as written b) Bills approval authorizing payment of bills and transfers as listed c) Place Reports on file: Feb 2017 Clerk Bank Reconciliation/Treasurer Report; Feb 2017 Clerk Budget Reports; Feb 2017 Deputy Clerk Utility Billing Reconciliation; Feb 2017 Ambulance End of Month Report; Mar 8, 2017 Development Director Report. Roll call vote: Ayes-All. Motion carried.

Jones moved, Harms seconded, to open the public hearing at 7:04 p.m. on the plans, specifications, form of contract and estimate of cost for water tower paint and repairs. Roll call vote: Ayes-All. Motion carried. No oral or written comments or objections were received. Brass moved, Jones seconded, to close the public hearing at 7:05 p.m. Roll call vote: Ayes-All. Motion carried.

Lee Gallentine, Ryken Engineering, reviewed the bids that were received for the work on the water tower and the various alternate work that the Council could choose to have done. Harms moved, Brass seconded to waive the disqualification of an irregular bid due to it being received ten minutes late. Ayes-All. Gallentine informed the Council that sandblasting the exterior would take off all the paint and have a life span of approximately 20 years whereas water blasting would take off some paint and only have a life span of approximately 10 years. Mayor Graham expressed that with his experience with coatings he would like to see the Council choose to sandblast. Brass and Jones agreed that sandblasting would be worth the extra money and would be the best choice. After much discussion on the alternate work that could be done, several of the Council did not feel most of the alternate work was necessary. Wessels stated he would like to see one manway added at balcony level. Gallentine recommended that a foundation crack be repaired to extend the life of the tower. The new Ackley logo to be painted on the tower was included in the bid. Jones moved, Brass seconded, to award the bid to Utility Service Co., Inc. to sandblast the exterior and perform alternate work items B (Foundation crack repair, grout, and seal) and L (30” manway at balcony lever) for the bid amount of $260,000. Roll call vote: Ayes-All. Motion carried.

Harms moved, Brass seconded, to open the public hearing at 7:32 p.m. on the plans, specifications, form of contract and estimate of cost for repairs to sanitary sewer collection system. Roll call vote: Ayes-All. Motion carried. No oral or written comments or objections were received. Jones moved, Brass seconded, to close the public hearing at 7:32 p.m. Roll call vote: Ayes-All. Motion carried.

Gallentine reviewed the three bids that were received for the work on the sanitary sewer with the Council. According to Gallentine $138,000 was budgeted for this project. The lowest bid came in at $102,500. Gallentine explained that the Council could use the money left over to have the contractor do more of the same kind of work since every dollar spent in town will decrease the cost of the future plant, or they could use it for something else. However, this money must be spent on a sewer project according to the City’s Ordinance. Harms suggested that they have the contractor start the work and see how it goes before they spend more with that contractor. Jones moved, Brass seconded, to award the bid for the 2017 Sanitary Sewer Collection System project to Hydo-Klean, LLC for the bid amount of $102,505.89. Roll call vote: Ayes-All. Motion carried.

Gallentine commented that four or five building permits had been issued since the last regular meeting.

Harms moved, Jones seconded, to set a Public Hearing to approve the First Reading of proposed Ordinance No. 489 Amending the Code of Ordinances of the City of Ackley, Iowa by Adding Subsection 69.16 to Chapter 69, Pertaining to Parking Restrictions for Apr. 12, 2017 at 7:00 p.m. Roll call vote: Ayes-all. Motion carried. This ordinance will help cut down the congestion at the day care center.

Brass moved, Jones seconded, to set a Public Hearing to approve the First Reading of proposed Ordinance No. 490 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 92.04, Pertaining to Billing for Water Service for Apr 12, 2017 at 7:00 p.m. Roll call vote: Ayes-all. Motion carried. This ordinance will change the late penalty charge from 1.5% to $10.00.

Harms moved, Wessels seconded, to adopt Resolution No. 17-06 Temporarily Closing Certain Street for the American Legion Post #252 Burger Fry. Roll call vote: Ayes-All. Motion carried. This event is a fundraiser to buy down carnival tickets for Sauerkraut Days. The Legion plans to apply for an outdoor liquor license.

Brass moved, Jones seconded, to set a Public Hearing to approve the First Reading of proposed Ordinance No. 491 Amending the Code of Ordinances of the City of Ackley, Iowa by Amending Section 92.05, Pertaining to Service Discontinued for Apr 12, 2017 at 7:00 p.m. Roll call vote: Ayes-All. Motion carried. This ordinance will instruct the Clerk to notify utility consumers who are 30 days past due on their service account that their service will be discontinued if not paid by the date specified. Door tags will also be placed at the service location with this notification. This ordinance will also implement a $15.00 fee for the notice of this impending action.

Harms moved, Wessels seconded, to adopt Resolution No. 17-04 Establishing the Fee For the Collection and Disposal of Solid Waste. Roll call vote: Ayes-All. Motion carried. This will set the garbage fee at $16.55.

Jones moved, Brass seconded, to adopt Resolution No. 17-05 Establishing the Landfill Fee. Roll call vote: Ayes-All. Motion carried. This will set the landfill fee at $6.00. The combined garbage and landfill fees will be reduced by $3.00 from what the current rates are.

Harms moved, Wessels seconded, to adopt Resolution No. 17-07 Approving Washington Township Fire Agreement and Contract. Roll call vote: Ayes-All. Motion carried.

Jefferson Fosbender, Ackley Economic Development Director, explained to the Council the proposed Urban Revitalization Plan. This will add tax incentives for both new housing and housing additions. Jones moved, Harms seconded, to set a Public Hearing for Resolution No. 17-08 Declaring Necessity and Providing for Notice of Hearing on Proposed Urban Revitalization Plan for Apr 12, 2017 at 7:00 p.m. Roll call vote: Ayes-All. Motion carried.

Council discussed the proposed Economic Development Agreement. The Council was not comfortable with the wording that was in the agreement stating a guaranteed increase in the funding that the City would provide over the next five years. The Mayor suggested that the City agree to a flat amount and then discuss each year at budget time based on results and how much money is available if the City would like to increase that amount for the next year. Fosbender requested that the Council explain what metric(s) they would be looking at to determine whether results were positive or not. Mayor directed Fosbender, Wessels, and Harms to discuss with Doug Lindaman, ADC President, how the agreement could be worded differently to accommodate the concerns of both parties.

Jones moved, Brass seconded, to approve the Mayor appointment of board members and commission members as follows: Paul O’Kane, Board of Adjustments, Term Expires 12/31/21; Gary French, Cemetery Board of Trustees (filled John Muller’s vacancy), Term Expires 12/31/20; Mike Abbas, Cemetery Board of Trustees, Term Expires 12/31/21; Clayton Harms, Tree Board, Term Expires 12/31/19. Roll call vote: Ayes-Jones, Wessels, Brass. Abstain-Harms. Motion carried.

The Council discussed whether or not there was a project that the City would be interested in that Region 6 Transportation Grant Funds could be used on. These funds could only be used on farm to market roads, which would be Butler or Franklin St., or things like safe routes to school and trails. The Streets Committee had not come up with any ideas since the last meeting. No other council member had any input. A concept was needed to apply for the funds and the application deadline is March 17, 2017. This is a yearly grant. No action was taken at this time.

Jones moved, Brass seconded, to direct Gallentine to proceed with the application for a Derelict Building Grant. Ayes-All. Motion carried. The funds from this grant will be used to tear down the old elevator.

Discussion was held regarding the use of shipping containers as storage or housing and if there was a need to write an ordinance addressing this issue. Mayor Graham expressed that he was okay with them being used as temporary storage during a building process. It was suggested if the City did write an ordinance banning the use of them as permanent storage to maybe exclude certain districts like the Industrial Park. The general consensus was to not allow them to be used as a residential dwelling. Mayor Graham directed City Clerk Kelly DeBerg to draft an ordinance with the guidance of Gallentine, Zoning Administrator.

Mayor Graham updated the council on the activities of the Pool Committee. The committee is in the process of developing various fundraisers to raise money for the splash pad. They have decided they will maintain the committee as a City committee. One of the fundraisers involving a raffle would require the City to obtain a gambling license. The City has budgeted $10,000 in next year’s budget to go towards this project and has some funds in a pool account that can be used to offset the startup costs on the fundraisers.

Wessels called various cities including Aplington, Parkersburg, Eldora, Waverly and Iowa Falls to obtain information on businesses that provide mosquito spraying service. Wessels also spoke with Meyer Agri-Air, Inc. and was informed that they are building a plane for this purpose and they will contact the City when it is ready. Brass and Wessels agreed that a plane would do a much better job.

Public Comments: None

With no further discussion, Harms moved, Brass seconded, to adjourn at 8:48 p.m. Ayes-All. Motion carried.


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