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City of Early Minutes - December 7, 2004

A public hearing was called to order by Mayor Frank Scott at 6:30 p.m. on the 7th day of December 2004 at the City Hall to receive comments on the following items(s):

1. A proposal to renew for a twenty-five (25) year period a non-exclusive electric supply, operation and maintenance franchise with MidAmerican Energy Company.

2. A proposal to renew for a twenty-five (25) year period a non-exclusive natural gas supply, operation and maintenance franchise with Mid-American Energy Company.

There were no written or verbal comments for or against the proposed franchises. Mayor Scott then closed the hearing.


A regular meeting of the City Council of the City of Early, Iowa was held on the 7th day December 2004 at 7:00 p.m. in City Hall.

Mayor Frank Scott called the meeting to order and roll call was taken as follows: Present: Dale Nellis, Pennie Irwin, Brenda Kunneke, Randy Franken. Absent: Vince Davis.

A motion was made by Councilor Nellis and seconded by Councilor Kunneke to approve the agenda. Ayes: all present. Nays: none. Absent: Davis.

A motion was made by Councilor Irwin and seconded by Councilor Franken to approve the minutes as submitted. Ayes: all present. Nays: none. Absent: Davis.


Ordinance 260

Councilor Nellis presented for the Council's consideration and caused to be read Ordinance 260 entitled: "An Ordinance granting unto MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Early, Iowa, a natural gas system and to furnish and sell natural gas to the City and its inhabitants for a period of 25 years." Councilor Irwin seconded the motion. Following consideration of Ordinance No. 260 by the Council, the Mayor put the question upon the motion and the roll being called, the vote on the motion was as follows: Yes: Franken, Kunneke, Irwin, Nellis. Nays: none. Absent: Davis.

Whereupon, the Mayor declared the motion duly adopted and declared that Ordinance 260 had been given its initial passage. Councilor Franken moved, seconded by Councilor Kunneke, that the statutory rule requiring that a franchise ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended; that Ordinance 260 be regarded as having been considered and voted on for passage at two prior Council meetings; and that said Ordinance be placed upon its final passage. Upon roll call, the vote on the motion was as follows: Ayes: Nellis, Irwin, Kunneke, Franken. Nays: none. Absent: Davis.

Whereupon, the Mayor declared the motion duly adopted and Ordinance 260 was placed upon its final passage. Councilor Kunneke moved and Councilor Irwin seconded that Ordinance 260, entitled "An Ordinance granting unto MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Early, Iowa, a natural gas system and to furnish and sell natural gas to the City and its inhabitants for a period of 25 years," be placed upon its final passage. Upon roll call, the vote on the motion was as follows: Ayes: Franken, Nellis, Irwin, Kunneke. Nays: none. Absent: Davis.

Whereupon, the Mayor declared Ordinance 260 du1y approved and adopted. Councilor Irwin moved and Councilor Nellis seconded that City Council dispense with requirement that an election be held to approve Natural Gas Franchise Ordinance 260, and that Natural Gas Franchise Ordinance 260 become effective upon the date of its publication in the Chronicle. Upon roll call, the vote on the motion was as follows: Ayes: Franken, Kunneke, Nellis, Irwin. Nays: none. Absent: Davis. A copy of said ordinance is attached hereto and by this reference made a part hereof.


Ordinance 261

Councilor Nellis presented for the Council's consideration and caused to be read Ordinance 261 entitled: "An Ordinance granting unto MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Early, Iowa, an electric system and communications facilities and to furnish and sell electric energy to the City and its inhabitants for a period of 25 years." Councilor Kunneke seconded the motion. Following consideration of Ordinance 261 by the Council, the Mayor put the question upon the motion and the roll being called, the vote on the motion was as follows: Ayes: Irwin, Franken, Kunneke, Nellis. Nays: none. Absent: Davis.

Whereupon, the Mayor declared the motion duly adopted and declared that Ordinance 261 had been given its initial passage. Councilor Franken moved and Councilor Kunneke seconded, that the statutory rule requiring that a franchise ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended; that Ordinance 261 be regarded as having been considered and voted on for passage at two prior Council meetings; and that said Ordinance be placed upon its final passage. Upon roll call, the vote on the motion was as follows: Ayes: Nellis, Irwin, Kunneke, Franken. Nays: none. Absent: Davis.

Whereupon, the Mayor declared the motion duly adopted and Ordinance 261 was placed upon its final passage. Councilor Nellis moved and Councilor Franken seconded that Ordinance 261, entitled "An Ordinance granting unto MidAmerican Energy Company, its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Early, Iowa, an electric system and communications facilities and to furnish and sell electric energy to the City and its inhabitants for a period of 25 years," be placed upon its final passage. Upon roll call, the vote on the motion was as follows: Ayes: Irwin, Kunneke, Franken, Nellis. Nays: none. Absent: Davis.

Whereupon, the Mayor declared the motion duly adopted and Ordinance 261 duly approved and adopted. Councilor Kunneke moved and Councilor Irwin seconded that City Council dispense with requirement that an election be held to approve Electric Franchise Ordinance 261, and that Electric Franchise Ordinance 261 become effective upon the date of its publication in the Chronicle. Upon roll call, the vote on the motion was as follows: Ayes: Nellis, Franken, Irwin, Kunneke. Nays: none. Absent: Davis. A copy of said ordinance is attached hereto and by this reference made a part hereof.


The Council met with the City Attorney concerning IMWCA requirement for police physical fitness requirements. He informed the Council that they could require the program for future hires but not current employees.

Also discussed with him the curb at Gene Petersen property. A motion was made by Councilor Nellis and seconded by Councilor Franken to send a letter requiring the replacement of the curb. Ayes: all present. Nays: none. Absent: Davis.

A thank you was read from Bonnie Briggs for the City's efforts in help her donate the benches in the park in memory of her parents, Lyle & Edna Hirons.

Mayor reported that he had received thank yous for the City getting the leaves cleaned from the streets, and he extends a thank you to those who did the Santa coming and the Tour of Homes last Saturday. He also gave a thank you for the work on the shelter house and the Center.

Superintendent Department of Public Works Ray Musselman reported on some of the month's activities. They replaced the water line at the City Park to the Shelter House, repaired the storm sewer on Third Street and had it cleaned out, cleaned leaves, flushed the fire hydrants, got the old well east of town properly capped and got all the snow fence up.

Councilor Nellis reported on the monthly County Landfill meeting. There isn't a lot going on right now.

Clerk reported that we are still on track with the budget.

Resolution 04-10 Authorizing the City Clerk to Certify to the County Treasurer for Collection on Unpaid Water Service Line Replacement and Water Bill for Corey and Alice McConnell was offered by Councilor Nellis and seconded by Councilor Irwin. On roll call vote: Ayes: Kunneke, Franken, Irwin, Nellis. Nays: none. Absent: Davis.

A motion was made by Councilor Kunneke and seconded by Councilor Franken to have Dave Robley do the sidewalk snow removal this winter. Ayes: all present. Nays: none. Absent: Davis.

Tabled discussion on land between City and Higgins.

Resolution 04-11 Adopting Ordinance 262 Amending Provisions Pertaining to Houses of Ill Fame was offered by Councilor Irwin and seconded by Councilor Nellis. On roll call vote: Ayes: Franken, Kunneke, Nellis, Irwin. Nays: none. Absent: Davis.

Whereupon the Mayor declared the resolution duly adopted. A copy of said resolution is attached hereto and by this reference made a part hereof: Whereupon the Mayor declared said Ordinance 262 duly passed on first reading. A motion was made by Councilor Nellis and seconded by Councilor Franken to waive the second and third readings and pass on first and final. Ayes: all present. Nays: none. Absent: Davis. Whereupon the Mayor declared said Ordinance 262 duly adopted. A copy of said ordinance is attached hereto and by this reference made a part hereof.

Ordinance 263

Resolution 04-12 Adopting Ordinance 263 Adding Provisions Pertaining to Disorderly Houses was offered by Councilor Franken and seconded by Councilor Kunneke. On roll call vote: Ayes: Irwin, Nellis, Kunneke, Franken. Nays: none. Absent: Davis.

Whereupon the Mayor declared the resolution duly adopted. A copy of said resolution is attached hereto and by this reference made a part hereof.

Whereupon the Mayor declared said Ordinance 263 duly passed on first reading. A motion was made by Councilor Kunneke and seconded by Councilor Franken to waive the second and third readings and pass of first and final. Ayes: all present. Nays: none. Absent: Davis. Whereupon the Mayor declared said Ordinance 263 duly adopted. A copy of said ordinance is attached hereto and by this reference made a part hereof.

Clerk reported that she had attended a supervisor meeting with Cara McCabe, Iowa Rural Water, to present a proposed ordinance for wellhead protection for all susceptible municipal wells in the county.

Clerk reported that she and the fire chief were working on the storm siren with L & M Electronics and also talking to Calhoun County.

Clerk presented information from Chris Whitaker, Region XII COG, concerning possible selling points for voluntary annexation.

Discussed the urban revitalization program and also a designated enterprise zone for north of Early. There will be more information next month.

The Early Post Master had requested the designation of the basement of the Municipal Building as an alternate Post Office location in case of a disaster. A motion was made by Councilor Kunneke and seconded by Councilor Irwin to designate the basement of the Municipal Building as an alternate Post Office location. Ayes: Franken, Irwin, Kunneke. Nays: none. Absent: Davis. Abstain: Nellis.

Clerk presented a proposal from Marlys Waters, Nemaha to be the web site designer for the City. A motion was made by Councilor Irwin and seconded by Councilor Nellis to accept the offer. The first year would be approximately $249.95. Ayes: all present. Nays: none. Absent: Davis.

The renewal application for the Casey's General Store Beer and Sunday permit was presented for Council consideration. A motion was made by Councilor Kunneke and seconded by Franken to approve the renewal. Ayes: all present. Nays: none. Absent: Davis.

Councilor Kunneke submitted her resignation from the council effective on December 31. A motion was made by Councilor Irwin and seconded by Councilor Franken to publish notice of intent to appoint a replacement at the January 4, 2005 council meeting. Ayes: Nellis, Franken, Irwin. Nays: none. Absent: Davis. Abstain: Kunneke.

Clerk reported the following receipts for the month of November

GENERAL FUND
I.P.A.I.T., interest 23.96
Sac County Treasurer, tax receipts 1,388.96
Warren's Service, old iron 20.00
Salt & Light, cable ads 70.00
Frantzke & Jensen, Volger service 290.00
IMWCA, refund on audit 313.00
Citizens 1st National Bank, interest 61.15

ROAD USE TAX FUND
Director of Revenue, road use tax funds 3,668.66

EMPLOYEE BENEFIT FUND
Sac County Treasurer, tax receipts 695.68

EMERGENCY FUND
Sac County Treasurer, tax receipts 35.67

LIBRARY EXPENDALE TRUST FUND
I.P.A.I.T., interest 4.36

PARK DEBT FUND
Sac County Treasurer, tax receipts 33.12

ROAD DEBT FUND
Sac County Treasurer, tax receipts 285.92

EQUIPMENT REPLACEMENT FUND
I.P.A.I.T., interest 17.52

FIRE TRUCK RESERVE FUND
I.P.A.I.T., interest 12.82

STORM SEWER RESERVE FUND
I.P.A.I.T., interest 23.15

WATER UTILITY FUND
Water Sales 7,374.49
I.P.A.I.T., interest 100.16
Peggy Langner, check charge & turn on fee60.00

SEWER UTILITY FUND
Sewer Rent 3,569.87
I.P.A.I.T., interest 66.03

SOLID WASTE UTILITY FUND
Garbage Fees 3,549.71
I.P.A.I.T., interest 7.41

RECYCLE UTILITY FUND
Recycle Fees 1,312.45
I.P.A.I.T., interest 1.55

PAYROLL CLEARING FUND
Gen., RUT, WA, SE, SW, RC, transfers 5,616.98

The Council audited the following bills for approval of payment:

GENERAL FUND
FICA, Nov. 298.64
IPERS, Nov 242.46
Ruralwaves, internet service 34.99
Marjo Flowers, Ingham wreath 19.00
Seventeen, 2-year subscription 24.97
MidAmerican Energy, gas, power, lights 624.39
Payroll Clearing, payroll transfers ( 2 months) 3,299.80
Verizon Wireless, cell phones 58.05
Gloa Freese, deliver newsletters 15.00
Bomgaars, supplies & repairs 69.39
Buena Vista Stationery, supplies 69.67
Casey's General Store, gas 19.00
The Chronicle, proceedings & franchise hearing notice 101.08
J.P. Cooke, dog & cat license & taps 44.43
Don's Pest Control, pest control-hall & fire station 50.00
Farm & Ranch, subscription 19.98
Frontier Communications, phones 117.06
Iowa Automotive, supplies 39.33
Sharon Ann Irwin, meeting 10.15
John Alden, health insurance 1,237.81
Julius Cleaners, uniform rental 9.34
L & M Electronics, batteries 32.00
MCI, toll calls 36.68
Pickhinke Backhoe, storm sewer 160.00
Ports Petroleum, gas 42.02
Rehab Systems, clean storm sewer 500.00
Schulte & Graven, legal fees 92.00
Frank Scott, county league meeting 5.78
Frank Scott, mayor salary 738.80
Trimark Central Billing, Supt. physical 105.34
Wal-Mart Stores, Supplies 59.39

ROAD USE TAX FUND
MidAmerican Energy, street lights 614.64
Bomgaars, street sign repairs 77.75
Casey's General Store, Gas 91.00
Evans Display, Christmas bulbs 58.30
Iowa Automotive Machine, supplies 20.22
Menard's, door weather strips 29.97
Payroll Clearing, payroll transfers 2 months 2,622.16
Sanders Hardware, supplies 75.38

EMPLOYEE HOSPITAL DEDUCTIBLE FUND
Employee Benefits Corp., reimbursement 1,623.17

ROADS DEBT FUND
Citizens 1st National Bank, interest on bonds 2,764.55

WATER UTILITY FUND
FICA, Nov. 65.75
IPERS, Nov. 49.42
MidAmerican Energy, gas, power & lights 399.98
Treas., State of Iowa, sales tax (2 months) 831.58
Frontier Communications, phone lines 50.00
John Alden, health insurance 489.54
Julius Cleaners, uniform rental 9.33
Bomgaars, clothing allowance 17.71
Citizens 1st National Bank, collection fee 75.00
Buena Vista Stationery, supplies 22.07
Hach Company, testing supplies 364.40
Hawkins Inc, Fluoride & Chlorine 388.39
Pickhinke Backhoe, dig shelter house water line & old well 240.00
Star Energy, propane 76.50
Trimark Central Billing, Supt. physical 105.33
Winkler Drilling, cap old well 150.00

SEWER UTILITY FUND
FICA, Nov. 42.80
IPERS, Nov. 32.17
John Alden, health insurance 489.53
Julius Cleaners, uniform rental 9.33
MidAmerican Energy, power & lights 29.09
Payroll Clearing, payroll transfer 2 months 1,792.00
MET, sewer tests 129.00
IAMU, CEU credits 9.00
Trimark Central, Supt. physical 105.33
Citizens 1st National Bank, collection fee 75.00

SOLID WASTE UTILITY FUND
FICA, Nov. 12.19
IPERS, Nov. 9.17
John Alden, insurance 176.73
Payroll Clearing, payroll transfers 2 months 500.00
Rudd Sanitation, contract 2,297.00
Citizens 1st National Bank, collection fee 75.00

RECYCLE UTILITY FUND
FICA, Nov. 12.19
IPERS, Nov. 9.17
John Alden, health insurance 176.74
Rudd Sanitation, contract 741.75
Citizens 1st National Bank, collection fee 75.00
Payroll Clearing, payroll transfers 2 months 500.00

PAYROLL CLEARING FUND
FICA, Nov. 431.66
Fed. W/tax, Nov. 343.00
Treasurer, State of Iowa, state w/tax, Nov. 172.00
IPERS, Nov. 221.71
Mark Berry, custodian 155.13
Raymond Musselman, Supt. D.P.W. 1,451.34
Edda Drey, Librarian & custodian 649.91
Sharon Ann Irwin, Clerk/Treasurer, Sexton 1,148.37
Doug Reis, fire chief 46.17
Don Struchen, extra labor 487.44
Roger Ray, partial hours-police chief 387.36
Royce Kemmann, police relief 2 months 165.47
Brian Mentzer, relief police 82.72

General Fund

8,158.57
Road Use Tax Fund 3,742.43
Employee Hospital 1,623.17
Road Debt Fund 2,764.55
Water Utility Fund 5,995.00
Sewer Utility Fund 2,713.25
Solid Waste Utility Fund 3,070.09
Recycle Utility Fund 1,514.85
Payroll Clearing Fund 6,801.55

At 9:30 p.m. Councilor Kunneke moved the meeting adjourned. Councilor Franken seconded said motion. Upon voice vote, said motion passed unanimously.

Frank L. Scott, Mayor

ATTEST:

Sharon Ann Irwin, Clerk


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