A regular meeting of the City Council of Vinton, Iowa, was held on the 25th day of June, 2020, at 7:00 p.m., in the City Hall Council Chambers, Vinton, Iowa. Due to the COVID-19 virus the meeting was also held electronically using ZOOM Cloud hosted at 110 W 3rd Street. Mayor Maynard presided and the roll being called the following Council Members were present and absent: Present: Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Absent: None.
The Pledge of Allegiance was recited.
Mayor Maynard stated that four items needed to be removed from tonight’s agenda, item 8F, 8H, 8I and 9B. Motion by Hesson, second by Elwick to approve the amended agenda. Question: Ayes – All. The Mayor declared the motion carried.
Motion by Stark, second by Hessenius to approve the consent agenda. Question: Ayes – All. The Mayor declared the motion carried. Items on the consent agenda are to receive and file the Council meeting minutes of June 11, 2020, approve invoices in the amount of $112,106.74, to receive and file the Library Board meeting minutes of May 13, 2020, to receive and file the Airport Commission meeting minutes of June 17, 2020, to approve the renewal of a class C liquor license with Sunday sales for Golf Right and to approve a cigarette/tobacco permit for Dollar General.
The Mayor announced that now was the time and place set to hold a public hearing on a proposed zoning change for two parcels on E 6th Street. The owner Brian Hamling has requested to rezone two parcels from M-1 to B-1. Josh Geiger, 1014 E 6th Street, said he has concerns about rezoning these lots. He said that the setback requirements will be less if they are rezoned. He said that a shop/house is not allowed under the current ordinance. Mr. Geiger and other neighbors filed a protest and withdrew any implied support of rezoning. Geiger referenced Iowa Code 414. Cheryl DuCharme, 1001 E 6th Street, stated she does not want the lots rezoned. She is concerned about the change devaluing her property. Brian Hamling, 116 W 4th Street, stated he wants a shop the he and his family will live in. He is not planning on building apartments. He said if the lots remain as M-1, that a mechanic garage, potentially noisy or smelly could be built there. Hamling wants to live there. Geiger asked for the rezoning to stop now. Geiger would like an additional 10-foot setback and would like to see Hamling’s design or plan. The Mayor closed the hearing.
No action was taken for a third reading of an ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF VINTON, IOWA, BY AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE CITY.
The Mayor announced that now was the time and place set to hold a public hearing on a proposed general obligation bond sale. The bonds will be used for street projects, equipment and a trail project. Financial Advisor Tionna Pooler, said that bids for the bonds came in at 1.49%, which was a little less that what she expected. She said these bonds will be for fifteen years. She recommends that Council approve the low bid from Bankers Bank. The Mayor closed the hearing.
Motion by Hesson, second by Hessenius to pass a RESOLUTION AWARDING SALE AND AUTHORIZING ISSUANCE OF GENERAL OLBIGATION CORPORATE PURPOSE BONDS, SERIES 2020A AND PROVIDING FOR THE LEVY OF TAXES. Question: Ayes – Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Nays – None. The Mayor declared the motion carried and declared RESOLUTION 06-20-02 passed and approved.
The Mayor announced that now was the time and place set to hold a public hearing on a proposed loan from the state revolving fund. The loan will be for upgrades to the wastewater treatment plant. The Mayor closed the hearing.
Motion by Elwick, second by Hessenius to amend the council meeting minutes of March 26, 2020 to include the entire wording of the document “Informal Resolution” from IPIB. Question: Ayes – Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Nays – None. The Mayor declared the motion carried. Informal Resolution 19FC:0148. Darran Sellers/Vinton City Council. On December 31, 2019, Darran Sellers filed formal complaint 19FC:0148, alleging that the Vinton City Council (Council) violated Iowa Code chapter 21 at a Council meeting on December 12, 2019. At the December 12, 2019, Council meeting, council members took action to fill a vacant council seat by offering the seat to the top write-in candidate. When that candidate declined the offer, the council members voted by ballot to choose between two others who received write-in votes at a later meeting. At a December 30, 2019, meeting, the Council voted to appoint a new council member, with five members approving and one member abstaining. Mr. Sellers requests that the IPIB void this appointment. Legal counsel responded to the complaint on January 10, 2019, stating that the Council did not vote on the appointment at the December 12, 2019, meeting. He stated that the Council decided to name two possible candidates for the position and set the final decision for the December 30, 2019, meeting. He noted that the December 30, 2019, appointment was later set aside because the appointment could not be made until the position officially became vacant on January 1, 2020. The Council’s attorney provided copies of the agendas for meetings held on December 12, December 26, and December 30, 2019, all of which properly noticed the discussion of the vacancy matter. In his reply, Mr. Sellers provided a copy of the December 12, 2019, meeting minutes, which read, in part: “Ballots were collected from the council members, excluding Ron Elwick, for selection. Andrew Elwick was selected. He will be sworn into office in January.” These minutes appear to confirm that a vote was conducted using ballots rather than as required by Iowa Code section 21.3: “The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session.” The Iowa Public Information Board (IPIB) accepted the formal complaint on February 20, 2020 as to the violation of Iowa Code section 21.3 for holding a vote by ballot without making the vote of each member public at the open meeting. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution. The parties agree to the following terms: 1. The Council will acknowledge that the described actions occurred. 2. The Council will acknowledge that on December 12, 2019, the Council held a vote by ballot without making the vote of each member public at the open meeting. 3. The Board shall conduct training for all Board members on Iowa Code chapters 21 and 22 (Sunshine Laws). The Board may utilize the powerpoint training available on the IPIB website. The City Attorney or designee may conduct the training. 4.The Board shall evaluate all written procedures/ordinances/resolutions outlining the use of secret ballots and rescind any such procedure/ordinance/resolution. 5. The Board shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB. The terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved. THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING: (Signature)Darran Sellers(Date); (Signature)Bud Maynard(Date of Meeting), Mayor; IPIB(Signature) Chair (Date).
It was reported that there are some leaks in the roof at City Hall. Cost estimates for repairs will be sought.
The Business Improvement Grant application process was discussed. The hotel/motel tax is the funding source for the grants. Seventy-five percent of the hotel/motel tax is distributed to Vinton Unlimited. The other twenty-five percent is for the business improvement grants that are approved by Council, with a maximum funding to applicants of $1,000.
Real estate at 114 W 3rd Street is for sale. This property is next to City Hall. Councilman Edwards was asked if the City would be interested in purchasing it. The Council would like to look at the City’s comprehensive plan. If City Hall were to be relocated, this building would not be needed. VMCU is currently renting another office space.
Last winter Council allowed a sump pump at 1307 G Avenue to be connected to the sanitary sewer. This was to be just a temporary connection. Superintendent Walker will contact the property owners, to have them disconnect this pump.
Motion by Hesson, second by Stark to adopt AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF VINTON, IOWA, BY AMENDING PROVISIONS PERTAINING TO CHAPTER 78 GOLF CARTS. Question: Ayes – Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Nays – None. The Mayor declared the motion carried and that said ordinance had been given its initial passage. This amendment will not allow golf carts to travel on Third Street from K Avenue to 9th Avenue, but shall allow carts to directly cross the street.
Motion by Elwick, second by Hessenius to pass a RESOLUTION SETTING SALARIES AND COMPENSATION FOR SUPERVISION, MANAGEMENT AND PART-TIME EMPLOYEES FOR FISCAL YEAR 2020-2021. Administrator Ward said that increases in compensation have been the same as union contract increases. After discussion the motion and second were withdrawn. Motion by Stark, second by Hesson to amend the resolution to not include the billing clerk at this time, this position is still under a union contract, change the clerk’s increase to 1.5%, the administrator’s increase to 2.0% with reviews in 6 months. Question: Ayes – Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Nays – None. The Mayor declared the motion carried and declared RESOLUTION 06-20-03 passed and approved.
Motion by Stark, second by Hessenius to pass a RESOLUTION TO APPROVE TRANSFER FROM EMERGENCY FUND TO GENERAL FUND. Question: Ayes – Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Nays – None. The Mayor declared the motion carried and declared RESOLUTION 06-20-04 passed and approved.
Motion by Hesson, second by Elwick to pass a RESOLUTION TO APPROVE TRANSFERS TO GENERAL FUND. Question: Ayes – Edwards, Elwick, Hessenius, Hesson, Parr, Stark. Nays – None. The Mayor declared the motion carried and declared RESOLUTION 06-20-05 passed and approved.
Wastewater Superintendent Walker stated that a sewer line on Sixth Avenue needs repairs or to be replaced. Motion by Hessenius, second by Elwick to have Walker seek bids for repairs or replacing this sewer line and installing a manhole. Question: Ayes – All. The Mayor declared the motion carried.
Motion by Hesson, second by Parr to approve a request from the Parks and Recreation department to block off West 2nd Street between 1st Avenue and A Avenue on Thursday nights for the Farmers Market. This will be from July 2nd to September 24th. Question: Ayes – All. The Mayor declared the motion carried.
Motion by Parr, second by Hessenius to approve a request for the Party in Pink 5K route and to block a few streets for this event. This event will be held July 31st. Question: Ayes – All. The Mayor declared the motion carried.
Administrator Ward said he has been working on a developer’s agreement for the braille school campus and an elevation issue in Anderson Creek Estates. The was a good turn-out for Librarian Virginia Holsten’s retirement walk-through. Chief Paxton said there was a recent rash of car windows and a hotel window being broken. Clerk said that on-line bill pay is being requested, so information and costs will be looked into. A girl scout troop plans to do a sidewalk chalk art project at City Hall this summer. Report from engineer Nate Kass, Fehr Graham will be sending out for bids for the street projects next week and that bid letting will be July 17th.
Good & Welfare: There was a good turn-out for the Purple Heart ceremony for John Gaultier. There is progress on the splash pad.
Motion by Hesson, second by Hessenius to adjourn the meeting. Question: Ayes – All. The motion carried. Time: 9:01p.m.