CITY OF HARLAN HARLAN, IOWA January 6, 2015cityofharlan.com/CouncilMinutesAgenda/PriorYears/2015/... · 2018-09-01 · CITY OF HARLAN – HARLAN, IOWA – January 20, 2015 The City

CITY OF HARLAN – HARLAN, IOWA – January 6, 2015

The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular

session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 6th day of January, 2015. The

meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members

were:

PRESENT: Sharon Kroger, Dave Miller, Mike Kolbe, and Dave Pedersen

ABSENT: Dan Schumacher and Jay Christensen

The Clerk presented the amended agenda. It was moved by Kolbe and seconded by Pedersen that the

agenda be approved. The motion carried unanimously.

The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Miller and seconded by Kroger, the following items contained in the Consent Agenda were

approved and adopted:

All items listed under the Consent Agenda will be enacted by one motion with a roll call vote.

There will be no separate discussion of these items unless a request is made prior to the time

Council votes on the motion. Consent Agenda items may include any non-controversial subjects.

(The Fire Department membership list approval was postponed to 1/20/15.)

a. Minutes of the 12/16/14 Council meeting

b. Abstract No. 1088 in the amount of $207,338.23 c. Renewal application from Dollar General Store #2377 for a Class B Wine Permit,

Class C Beer Permit (BC), and Sunday Sales A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were

approved and adopted.

On motion by Pedersen and seconded by Kolbe, the Downtown Upper Story/Façade Committee

reports of 12/22/14 were received and filed. The motion carried unanimously.

It was moved by Miller and seconded by Kroger to amend grant reimbursement, using the

Shelby County Assessor’s measurements of record, to $250 per linear frontage foot for façade

work (excluding signs) and $750 per linear foot for upper story work. The motion carried

unanimously.

It was moved by Kolbe and seconded by Kroger to lift the moratorium on downtown upper

story/façade (excluding signs) grant applications. The motion carried unanimously.

It was moved by Miller and seconded by Kroger to approve façade grant applications from Jeff

Lewis and family (with corrected mailing address on application) for 516 and 518 Market Street.

The motion carried unanimously.

On motion by Kroger and seconded by Kolbe, the Ordinance Committee report of 12-23-14 was

received and filed. The motion carried unanimously.

It was moved by Miller and seconded by Kroger to approve the Ordinance Committee’s

recommendation to set new fees for nuisance remedies. The motion carried unanimously and an

ordinance including this action will be presented for consideration at a future Council meeting.

The City Administrator presented his report.

The Mayor presented his report.

There being no further business, the meeting on motion adjourned.

Debra Sawyer, City Clerk Gene Gettys, Jr., Mayor

These minutes are as recorded by the Clerk and are subject to Council approval at the next regular

meeting.

CITY OF HARLAN – HARLAN, IOWA – January 20, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 20th day of January, 2015. The


were:

PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and Dave

Pedersen

ABSENT: None

The Clerk presented the amended agenda. On motion by Pedersen and seconded by Schumacher, the

agenda was approved. The motion carried unanimously.


On motion by Miller and seconded by Kolbe, the following items contained in the Consent Agenda were






b. Abstract No. 1089 in the amount of $160,483.02 c. Fire Department 2015 membership list d. Investment, expenditure, and revenue reports for the month of December, 2014

e. Receive and file the Wastewater Treatment Plant’s December, 2014 report

f. Approve salaries paid in 2014 and instruct Clerk to publish same

g. Renewal application from Pizza Hut for Class “B” Beer (BB) (Includes Wine

Coolers) and Sunday Sales Permits A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were


Tom Findlay was present to be heard about various concerns.

On motion by Kroger and seconded by Christensen, the Public Health and Sanitation Committee

report of 12/19/14 was received and filed. The motion carried unanimously.

On motion by Miller and seconded by Kolbe, the Downtown Upper Story/Façade Committee


On motion by Schumacher and seconded by Kroger, the façade grant application from Randy

Ouren, 1009 7th

St., was approved in the match amount of $5,871.09, upon project completion.







meeting.

CITY OF HARLAN – HARLAN, IOWA – February 3, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 3rd day of February, 2015. The


were:


Pedersen

ABSENT: None

The Clerk presented the amended agenda. On motion by Kroger and seconded by Schumacher, the



On motion by Miller and seconded by Kolbe, the following items contained in the Consent Agenda were






b. Abstract No. 1090 in the amount of $160,394.96 c. Police statistical report for the month of December, 2014

d. New application from Sandwich Bowl (Randall Feldman) for Class “B” Native Wine

Permit, Class “B” Wine Permit, Special “C” Liquor License and Class “BW” Beer/Wine

e. Transfer application for Native Wine Permit from Iowa Wines and More to move

to the Vets Auditorium for the annual Home Show on March 28– 29, 2014

f. Renewal application from MiCasa for Class C Liquor License and Sunday Sales g. Resolution No. 2177 – Tax Abatement - Ralph Little, 303 Durant St.

h. Resolution No. 2178 – Tax Abatement - Bruce & Linda Burger, 506 Dodge St.

i. Resolution No. 2179 – Tax Abatement - Linda Boysen, 1035 Industrial Ave.

j. Resolution No. 2180 – Tax Abatement. -Nishna Valley Crop Services, 607 Chatburn

k. Resolution No. 2181 – Tax Abatement - Bruce Burger, 303 6th St.

A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were


Margie Schenck presented a Blue Zone update.

It was moved by Kroger and seconded by Pedersen to approve the Blue Zone Pedestrian Plan.


On motion by Kroger and seconded by Kolbe, the Streets, Alleys, & Sidewalks Committee


Council member Kroger introduced Ordinance No. 2015-01, entitled “AN ORDINANCE

AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA (2006)

CHAPTER 65 STOP OR YIELD REQUIRED BY A CHANGE TO §65.01 STOP REQUIRED.

On motion by Kroger and seconded by Kolbe, the Ordinance No. 2015-01 was read for the first

time. A roll call vote was had which was unanimous in favor of the motion. The next reading

will be 2/17/15.

Council member Miller introduced Ordinance No. 2015-02, entitled “AN ORDINANCE

AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA (2006)

CHAPTER 63 SPEED REGULATIONS §63.04 SPECIAL SPEED RESTRICTIONS

On motion by Miller and seconded by Christensen, the Ordinance No. 2015-02 was read for the

first time. A roll call vote was had which was unanimous in favor of the motion. The next

reading will be 2/17/15.

On motion by Schumacher and seconded by Pedersen, the Public Health and Sanitation

Committee report of 1/27/15 was received and filed. The motion carried unanimously.

It was moved by Miller and seconded by Christensen to approve the invoice from Veenstra &

Kimm, Inc. for the 2014 Sewer Rehabilitation Project with Ace Pipe Cleaning, Inc. for

$269,549.87 with the deduction of $12,400 for liquidated damages per the contract agreement.


It was moved by Kolbe and seconded by Kroger to approve the Veenstra & Kimm, Inc.

Engineering Services Agreement for the 2014/15 WWTP Improvement Project. The motion

carried unanimously.

A letter to Proliant regarding and including information from IDNR was presented to the

Council. It was mailed on this date.

It was moved by Kroger and seconded by Miller to approve the 3-year Salary Agreement for the

WWTP Superintendent and the Salary Memo for the Assistant WWTP Superintendent and the

revised Executive and Union Pay Ranges, all effective 3/01/15. The motion carried

unanimously.



Council member Schumacher introduced Resolution No. 2182, entitled “RESOLUTION TO AMEND

RESOLUTION NO. 1910, WHICH PROVIDED FOR A MATCHING GRANT FOR PROPERTY

OWNERS ON THE SQUARE IN DOWNTOWN HARLAN, IOWA TO ENCOURAGE THE

REVITALIZATION OF AVAILABLE RESIDENTIAL AREAS AND FOR THE BEAUTIFICATION

OF BUILDING EXTERIORS”, along with the amended agreement, map, and combination Completion

and Award Request and Certificate of Project Completion form and moved their adoption. Council

member Miller seconded the motion to adopt. A roll call vote was had which was unanimous in favor of

the motion and the resolution was duly adopted.


________________________________ __________________________________________


CITY OF HARLAN – HARLAN, IOWA – February 17, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 17th day of February, 2015. The


were:


Pedersen

ABSENT: None

The Clerk presented the agenda. On motion by Miller and seconded by Kolbe, the agenda was approved.



On motion by Schumacher and seconded by Pedersen, the following items contained in the Consent

Agenda were approved and adopted:





b. Abstract No. 1091 in the amount of $397,486.82 c. Investment, expenditure, and revenue reports for the month of January, 2015

d. Receive and file the Wastewater Treatment Plant’s January, 2015 report e. Police statistical report for the month of January, 2015



On motion by Miller and seconded by Kolbe, the Personnel and Finance Committee 1/13, 1/29,

2/2, and 2/12/15 reports were received and filed. The motion carried unanimously.

On motion by Kroger and seconded by Christensen, the date of 3/3/15 was set for the public

hearing of the FY 2015/2016 Annual Budget. The motion carried unanimously.

It was moved by Miller and seconded by Kolbe to approve payment of employee tax preparation

fees up to $50 for each year for amended 2011 and 2012 W2C’s for clothing allowance

corrections. The motion carried unanimously.

It was moved by Kolbe and seconded by Christensen to approve the bid received by Phil M.

Miller Construction for the construction of the new Council Chamber table. The motion carried

unanimously.

It was moved by Miller and seconded by Pedersen to accept the low bid of Hal & Cal Inc. dba

Leinen Construction in the amount of $17,691.00 for the renovation of the new Council

Chambers. The motion carried unanimously.

On motion by Miller and seconded by Christensen, the Public Safety Committee 2/11/15 report

was received and filed. The motion carried unanimously.

It was moved by Schumacher and seconded by Kroger to approve the Shelby County Racetrack

Agreement with the Harlan Fire Department for 2015 services. The motion carried unanimously.


It was moved by Pedersen and seconded by Schumacher to accept the recommendation from

Gary Jackson, Certified Testing Services, Inc., to wait three (3) years before finalizing the Police

Station concrete pad project. The motion carried unanimously.

On motion by Schumacher and seconded by Miller, Ordinance No. 2015-01, entitled “AN

ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN,

IOWA (2006) CHAPTER 65 STOP OR YIELD REQUIRED BY A CHANGE TO §65.01 STOP

REQUIRED, was read for the second time, dispensed with the third reading and placed on its

final adoption. A roll call vote was had which was unanimous in favor of the motion and the

ordinance was duly adopted.

On motion by Schumacher and seconded by Christensen, Ordinance No. 2015-02, entitled “AN


IOWA (2006) CHAPTER 63 SPEED REGULATIONS §63.04 SPECIAL SPEED

RESTRICTIONS” was read for the second time, dispensed with the third reading, and placed on

its final adoption. A roll call vote was had which was unanimous in favor of the motion and the

ordinance was duly adopted.

On motion by Kolbe and seconded by Schumacher, Ordinance No. 2015-03, entitled “AN


IOWA, 2006, BY AMENDING, REPEALING, AND REPLACING PROVISIONS

PERTAINING TO CHAPTER 160 FLOOD PLAIN REGULATIONS” was read for the first

time. A roll call vote was had which was unanimous in favor of the motion.

On motion by Schumacher and seconded by Kroger, the second and third readings of Ordinance

No. 2015-03 were dispensed and it was placed on its final adoption. A roll call vote was had

which was unanimous in favor of the motion and the ordinance was duly adopted.


Debra R. Sawyer, City Clerk Gene Gettys, Jr., Mayor

These minutes are as recorded by the Clerk and are subject to Council approval at the next

regular meeting.

CITY OF HARLAN – HARLAN, IOWA – March 3, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 3rd day of March, 2015. The


were:


Pedersen

ABSENT: None

The Clerk presented the agenda. On motion by Pedersen and seconded by Miller, the agenda was

approved. The motion carried unanimously.


On motion by Kolbe and seconded by Christensen, the following items contained in the Consent Agenda

were approved and adopted:





b. Abstract No. 1092 in the amount of $279,227.09

c. Renewal application for Veterans Memorial Auditorium for Class “C” liquor license and

Sunday Sales



SCCCI Director Todd Valline, Golden Hills RC & D Executive Director Michelle Franks, and

owners Ellen and Daniel Rosmann presented a proposal for Farm Table Delivery.

It was moved by Schumacher and seconded by Kroger to approve moving forward with the

creation of a proposal to lease the available space at the SCCCI facility and for those individuals

involved with Farm Table Delivery to present said proposal at the Personnel and Finance

Committee meeting Tuesday, March 10, 2015 at 11:30 A.M. in the City Council Chambers. A

decision will be made at a Special City Council meeting to be held at 5:15 P.M., Tuesday, March

10, 2015. All fees associated with the calling of a Special City Council meeting will be waived.


The Mayor announced that this was the time, date, and place for public hearing regarding the

adoption of the Annual Budget FY15/16.

No written or oral objections were filed.

On motion by Miller and seconded by Christensen, the hearing was closed. The motion carried

unanimously.

Council member Miller introduced Resolution No. 2183, entitled “A RESOLUTION TO

ADOPT ANNUAL BUDGET FOR FY2015/16” and moved its adoption. Council member

Pedersen seconded the motion to adopt. A roll call vote was had which was unanimous in favor of


On motion by Miller and seconded by Kroger, the Personnel and Finance Committee 2/19/15

report was received and filed. The motion carried unanimously.

On motion by Kolbe and seconded by Kroger, the Public Health and Sanitation Committee

2/26/15 report was received and filed. The motion carried unanimously.

On motion by Schumacher and seconded by Christensen, the Bluffs Paving invoice in the

amount of $59,349.51 was approved. The motion carried unanimously.

On motion by Miller and seconded by Kroger, the plans were filed from Veenstra and Kimm,

Inc. for the WWTP Improvements – Ultra Violet (UV) Disinfection Improvements Project. The

motion carried unanimously.

On motion by Kroger and seconded by Schumacher, the Planning and Zoning Commission’s

2/27/15 report was received and filed. The motion carried unanimously.

On motion by Kroger and seconded by Schumacher, the Planning and Zoning Commission’s

Annual Report for FY13/14 was approved. The motion carried unanimously.

The City Administrator presented his report. One bid was received for the City-owned property

at 402 Broadway in the amount of $2000 from Lewis Clark. The bid didn’t meet the need of

establishing a house on the property. It was moved by Kolbe and seconded by Pedersen to table

action on this bid and to take to the 3/10/15 Personnel and Finance Committee meeting for

discussion. The motion carried unanimously.

The City Administrator reported no bids were received for City-owned 608 Hill Street property.




regular meeting.

CITY OF HARLAN – HARLAN, IOWA – SPECIAL COUNCIL MEETING March 10, 2015

The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in

special session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 10th day of March,

2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following

Council members were:

PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and

Dave Pedersen

ABSENT: None

The Clerk presented the agenda. The purpose of the called Special Council meeting was to take

action resulting from the 3/10/15 Personnel and Finance Committee regarding the business

proposal from Good Growing Enterprises, LLC, dba Farm Table Delivery and to discuss the

status of City-owned property at 402 Broadway and 608 Hill Street. On motion by Miller and

seconded by Kroger, the agenda was approved. The motion carried unanimously.


Councilman Christensen informed the Council that he will be abstaining from any vote that

might result regarding the property at 608 Hill Street.

On motion by Kolbe and seconded by Kroger, the Personnel and Finance Committee 3/10/15

report was received and filed, including the corrections as stated. The motion carried

unanimously.

Todd Valline presented the updated lease proposal to the Council, including changes discussed

earlier that day regarding Section 4 Rent Payments, Section 7. Exceptions, and the correction of

the company name from Pin Oak Place to Good Growing Enterprises, LLC. On motion by

Kolbe and seconded by Schumacher, the lease proposal was accepted as presented with the

corrections as stated above. Motion carried unanimously.

Additional business regarding Farm Table Delivery included a request from co-owner Daniel

Rosman to cover any costs incurred if the current workable design plans they have will not

satisfy requirements set forth in the grant application they are submitting to the USDA. Cox

suggested if the Council was inclined to agree to the request, they put a cap of $1,000 for the

updated work design plans. After further discussion, this topic was tabled and will be discussed

further at the next Council meeting on March 17, 2015. In the meantime, the Council directed

Todd Valline to assist Daniel Rosman in determining if any changes will need to be done to the

workable design plans already created.

The City Administrator discussed the one bid received for the City-owned property at 402

Broadway in the amount of $2000 from Lewis Clark. The bid didn’t meet the need of

establishing a house on the property. Cox is working with Clark in determining whether he

intends on building a structure on the property. No bids were received for City-owned 608 Hill

Street property but there is interest in that property to possibly build a large garage to assist in

parking issues downtown residents may be experiencing.



regular meeting.



session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 17th day of March, 2015. The


were:


Pedersen

ABSENT: None

The Clerk presented the agenda. On motion by Kolbe and seconded by Christensen, the agenda was


The Mayor asked the Council members to state any conflict of interest, as applicable. Christensen to

abstain from the vote on Resolution No. 2185 (Agenda item 5.c.).

On motion by Kolbe and seconded by Christensen, the following items contained in the Consent Agenda





a. Minutes of the 3/03/15 Council meeting and 3/10/15 Special Council Meeting

b. Abstract No. 1093 in the amount of $149,125.19 c. Investment, expenditure, and revenue reports for the month of February, 2015

d. Receive and file the Wastewater Treatment Plant’s February, 2015 report e. Police statistical report for the month of February, 2015

f. Renewal application from Hy-Vee Wine and Spirits for Class E Liquor License

(LE), Class B Wine and Class C Beer Permits (carryout wine and beer) and

Sunday Sales

g. New Application (6mos) from Shelby County Speedway for Class “B” Beer (BB)

(Includes Wine Coolers) with Outdoor Service and Sunday Sales A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were


On motion by Kroger and seconded by Schumacher, the Downtown Upper Story/Façade Grant

Committee 3/12/15 report was received and filed. The motion carried unanimously.

On motion by Kolbe and seconded by Kroger, the Façade (#2015-USF02) grant request from

Sharon Lucke, dba Harlan Theater, 621 Court Street was approved for a City match of no more

than $47,000 as per the grant regulations and with the Committee to review measurements prior

to payment. The motion carried unanimously.

On motion by Miller and seconded by Schumacher, the amended Downtown Upper Story/Façade

grant application was approved to match the new resolution and grant agreement approved

2/3/15. The motion carried unanimously.

On motion by Miller and seconded by Kroger, the FY15/16 Property/Casualty Insurance renewal

from The Agency was approved. The motion carried unanimously.

On motion by Kroger and seconded by Kolbe, the FY15/16 Health/Dental/STD/Life/ADD/LTD

insurance renewal from IGHCP was approved. The motion carried unanimously.

No action was taken regarding possible coverage for Audiologist Visits/Hearing Aids. Carolyn

Rebel of Holmes Murphy is reviewing available options and will return findings to the Insurance

Committee. No action was taken regarding the EAP Policy from Health Insurance; it will be kept

the same as the current plan.


On motion by Pedersen and seconded by Schumacher, the Airport Commission re-appointment

of Rob Jackson for another one-year term extension to expire 4/01/16 and Dan Kleinpaste for

another 6-year term to expire 4/01/21 were approved. The motion carried unanimously.

On motion by Kroger and seconded by Kolbe, the second Council meeting in April was changed

from the 21st to the 20

th due to a full day Blue Zone site visit on 4/21/15. The motion carried

unanimously.

Council member Miller introduced Resolution No. 2184*, entitled “RESOLUTION TO SET A

DATE FOR PUBLIC HEARING REGARDING THE PROPOSAL FOR THE DISPOSAL OF

LOTS 11 & 12, BLOCK 16, ORIGINAL TOWN, 402 BROADWAY STREET, IN THE CITY

OF HARLAN, IOWA. Council member Kroger seconded the motion. A roll call vote was had

which was unanimous in favor of the motion and the resolution was duly adopted.

Council member Miller introduced Resolution No. 2185*, entitled “RESOLUTION TO SET A


EAST ½ LOT 8 AND LOT 9, BLOCK 34, LONG’S ADDITION, 608 HILL STREET, IN THE

CITY OF HARLAN, IOWA. Council member Kroger seconded the motion. A roll call vote

was had which was in favor of the motion, with Christensen abstaining because he submitted the

bid. The resolution was duly adopted.

On motion by Miller and seconded by Kroger, the April 7th

Council meeting was changed to

March 31, 2015. The motion carried unanimously.

*On motion by Miller and seconded by Kroger, the hearing dates were amended for Resolutions

No. 2184 and 2185 to 3/31/15, due to the motion adopted to move the 4/7/15 Council meeting to

3/31/15. The motion carried unanimously.



regular meeting.



session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 31st day of March, 2015. The


were:


Pedersen

ABSENT: None

The Clerk presented the agenda. It was moved by Schumacher and seconded by Pedersen that the agenda

be approved. The motion carried unanimously.

The Mayor asked the Council members to state any conflict of interest, as applicable. Christensen will be

abstaining from the vote on Resolution No. 2187.

It was moved by Miller and seconded by Kroger that the following items contained in the Consent

Agenda be approved and adopted to include amendment of item e:





b. Abstract No. 1094 in the amount of $111,910.25 c. Renewal application from Durant Street C-Store for Class E Liquor License and

Class B Wine, Class C Beer (Carryout Beer), Sunday Sales permits

d. Renewal application from the Rocking Chair for Class C Liquor License (LC) and

Sunday Sales

e. Motion to approve bid from Phil M. Miller Construction for construction of new

employee break-room in the amount of $3,835 (amended from $3,685) A roll call vote was had which was unanimous in favor or the motion and the Consent Agenda items were


The Mayor announced that this is the date, time, and place for public hearing regarding the

conveyance of the following City-owned properties:

A. 402 Broadway Street (Lots 11 & 12, block 16, Original Town)

No oral or written objections were filed.

It was moved by Kroger and seconded by Schumacher that the hearing be closed. The


The City Administrator reported on the only bid received from Lewis Clark for $2000.

He hopes to add a garage on the property in 2016.

Council member Kolbe introduced Resolution No. 2186, entitled “RESOLUTION

REGARDING THE PROPOSAL FOR THE DISPOSAL AND CONVEYANCE OF

LOTS 11 & 12, BLOCK 16, ORIGINAL TOWN, 402 BROADWAY STREET, IN THE

CITY OF HARLAN, IOWA. Council member Schumacher seconded the motion. A roll

call vote was had which was unanimous in favor of the motion and the resolution was

duly adopted.

B. 608 Hill Street (E. ½ Lot 8 and Lot 9, Block 34, Long’s Addition)


It was moved by Kroger and seconded by Schumacher that the hearing be closed. The


The City Administrator reported on the only bid received from Jay Christensen for

$2000. He intends to construct a garage on the property.

Council member Kroger introduced Resolution No. 2187, entitled “RESOLUTION

REGARDING THE PROPOSAL FOR THE DISPOSAL AND CONVEYANCE OF

EAST ½ LOT 8 AND LOT 9, BLOCK 34, LONG’S ADDITION, 608 HILL STREET,

IN THE CITY OF HARLAN, IOWA. Council member Kolbe seconded the motion. A

roll call vote was had which was in favor of the motion, with Christensen abstaining

because he submitted the bid. The resolution was duly adopted.

It was moved by Miller and seconded by Christensen to receive and file the Insurance

Committee 3/16/15 report with corrections. The motion carried unanimously.

The City Administrator presented his report and an update on Elite Sales Processing Grant.

It was moved Miller and seconded by Schumacher to receive and file the Elite Sales Processing

Grant report. The motion carried unanimously.


It was moved by Miller and seconded by Pedersen to approve the appointments of Chuck

Buhman and Robert Mahoney to the Veterans Memorial Auditorium Commission for 3-year

terms to expire 4/19/18. The motion carried unanimously.

Council member Kolbe introduced Resolution No. 2188, entitled “RESOLUTION

ORDERING BIDS, APPROVING PROPOSED PLANS, SPECIFICATIONS AND

FORM OF CONTRACT AND NOTICE TO BIDDERS, FIXING AMOUNT OF BID

SECURITY, AND ORDERING CLERK TO PUBLISH NOTICE AND FIXING DATE

FOR RECEIVING SAME, AND FOR A PUBLIC HEARING ON PLANS,

SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE

2015 WASTEWATER TREATMENT PLANT IMPROVEMENTS – ULTRA

VIOLET(UV) DISINFECTION IMPROVEMENTS PROJECT” and moved its adoption.

Council member Christensen seconded the motion to adopt. A roll call vote was had

which was unanimous in favor of the motion and the resolution was duly adopted.

Council member Kroger introduced Resolution No. 2189, entitled “RESOLUTION

AMENDING THE POLICE EMPLOYEE HANDBOOK, SECTION – BODY-WORN

CAMERAS” and moved its adoption. Council member Schumacher seconded the motion to

adopt with corrections as presented. A roll call vote was had which was unanimous in favor of





regular meeting.

CITY OF HARLAN – HARLAN, IOWA – April 20, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 20th day of April, 2015. The


were:

PRESENT: Sharon Kroger, Dave Miller, Jay Christensen, Mike Kolbe, and Dave Pedersen

ABSENT: Dan Schumacher

The Clerk presented the agenda. On motion by Miller and seconded by Christensen, the agenda was



On motion by Pedersen and seconded by Kroger, the following items contained in the Consent Agenda





a. Minutes of the 3/31/15 Council meeting b. Abstract No. 1095 in the amount of $171,461.73

c. Investment, expenditure, and revenue reports for the month of March, 2015

d. Receive and file the Wastewater Treatment Plant’s March, 2015 report e. Police statistical report for the month of March, 2015

f. New tobacco application from Leslie Peters of Shelby, d/b/a Le Chat Noir LLC,

614 Market St. (4th

Quarter, FY14/15)

g. Renewal application from Hy-Vee food Store for Class “C” Beer, Class “B” Wine

and Sunday Sales permits

h. Renewal application from Old West Side Lounge Inc. for Class “C” Liquor

License (LC) Commercial with Outdoor Service and Sunday Sales

i. Renewal application from Paul Blair dba Fast Stop for Class C Beer (BC) and

Sunday Sales permits

j. Renewal application from Fareway Stores, Inc. #790 for Class B Wine and Class

C Beer (Carryout Beer) permits & Class E Liquor License (LE)



Renee Hansen was present to discuss the 2015 Relay for Life event. It was moved by Kolbe and

seconded by Miller to close 6th

, 7th

, Market, and Court Streets around the downtown square and

to allow the use of the 6th

and Durant Streets parking lot for Survivor parking, all from 2:00 p.m.

– 11:00 p.m. on 6/05/15 for Relay for Life. (It was noted parking lot times may need to be

adjusted later.) The motion carried unanimously.

The Mayor announced that it was the date, time, and place for public hearing regarding the Ultra

Violet (UV) Disinfection Improvements Project for the Wastewater Treatment Plant.


On motion by Kroger and seconded by Christensen, the hearing was closed. The motion


Council member Miller introduced Resolution No. 2190, entitled “RESOLUTION

ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED

COST FOR THE 2015 WASTEWATER TREATMENT PLANT IMPROVEMENTS –

ULTRA VIOLET (UV) DISINFECTION IMPROVEMENTS PROJECT.” Council

member Kolbe seconded the motion. A roll call vote was had which was unanimous in

favor of the motion and the resolution was duly adopted.

It was moved by Kroger and seconded by Miller to receive and file the engineer’s

(Veenstra & Kimm) bid recommendation of Grundman-Hicks, L.L.C. of Cherokee, Iowa

in the amount of $924,000.00. The motion carried unanimously.


MAKING AWARD OF CONTRACT FOR THE “2015 WASTEWATER TREATMENT

PLANT IMPROVEMENTS – ULTRA VIOLET (UV) DISINFECTION

IMPROVEMENTS PROJECT.” Council member Kroger seconded the motion. A roll

call vote was had which was unanimous in favor of the motion and the resolution was

duly adopted.


It was moved by Kolbe and seconded by Christensen to accept the bid from Pierce Pump for the

demolition of the nuisance property owned by the City at 1409 12th

Street. The motion carried

unanimously.

It was moved Miller and seconded by Kroger to approve payment of Estimates No. 2 ($695.24)

and No. 4 ($2070.10) to contractor Kirkham Michael for the Airport Runway 15/33

Rehabilitation. The motion carried unanimously.


It was moved by Pedersen and seconded by Kroger to receive and file Ryan Huinker’s

resignation from the Board of Adjustment. The motion carried unanimously.

It was moved by Kroger and seconded by Kolbe to approve the Mayor’s appointment of Tim

Miller to the Board of Adjustment to complete Ryan Huinker’s term to expire 7/01/15. The


It was moved by Christensen and seconded by Miller to approve the Mayor’s re-appointment of

Larry Ohlinger and appointment of Paul Bruck to the Tree Advisory/Environmental Commission

for three-year terms to expire 5/16/18. The motion carried unanimously.

The Mayor signed the Arbor Day Proclamation.

It was moved by Kolbe and seconded by Kroger to change the May and June Council meeting

dates to 5/12, 5/26, 6/9 and 6/23/15. The motion carried unanimously.

It was moved by Miller and seconded by Kroger to set the date of 5/12/15 for public hearing to

amend the FY14/15 City Budget. The motion carried unanimously.




regular meeting.

CITY OF HARLAN – HARLAN, IOWA – May 12, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 12th day of May, 2015. The


were:


Pedersen

ABSENT: None

The Deputy Clerk presented the amended agenda. On motion by Pedersen and seconded by Kroger the



On motion by Schumacher and seconded by Miller, the following items contained in the Consent Agenda





a. Minutes of the 4/20/15 Council meeting b. Abstract No. 1096 in the amount of $568,789.33

c. Renewal application from Harlan Amoco, Inc. for Class “C” Beer Permit, Class

“B” Native Wine Permit and Sunday Sales

d. Renewal application from The Lounge (Don Kaufman), 1005 Chatburn Ave., for

Class C Liquor License, Outdoor Service and Sunday Sales

e. Application by Shelby Co. Fair Corp. for 6-month Class “B” Beer (Including

Wine Coolers), Outdoor Service, and Sunday Sales A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were


The Mayor announced that this is the date, time, and place for public hearing regarding the

amendment of the FY14/15 City Budget.


On motion by Miller and seconded by Schumacher, the hearing was closed. The motion



AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE

2015” and moved its adoption. Council member Christensen seconded the motion. A

roll call vote was had which was unanimous in favor of the motion and the resolution was

duly adopted.

On motion by Kolbe and seconded by Miller, the 4/17/15 Ordinance Committee report was


Council member Kolbe introduced Ordinance No. 2015-04, entitled “AN ORDINANCE

AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA, 2006, BY

ADDING A NEW CHAPTER REQUIRING THE MOWING OF PROPERTIES”.

On motion by Kolbe and seconded by Pedersen, Ordinance No. 2015-04 was read for the first

time. A roll call vote was had which was unanimous in favor of the motion.

On motion by Miller and seconded by Schumacher, the second and third readings of Ordinance



On motion by Kroger and seconded by Christensen, the 4/27 and 5/01/15 (as corrected)

Personnel and Finance Committee reports were received and filed. The motion carried

unanimously.

On motion by Miller and seconded by Kroger, the “Agreement for Financial Advisory Services”

with Public Financial Management, Inc. was approved. The motion carried unanimously.

Council member Miller introduced Ordinance No. 2015-05, entitled “AN ORDINANCE

AMENDING AND REPEALING THE CODE OF ORDINANCES OF THE CITY OF

HARLAN, IOWA, 2006 BY AMENDING AND REPEALING A PORTION OF CHAPTER 99,

99.02 CHARGES (1) BASE RATE & (2) USAGE CHARGE”.

On motion by Miller and seconded by Kolbe, Ordinance No. 2015-05 was read for the first time.

A roll call was had which was unanimous in favor of the motion.

On motion by Miller and seconded by Schumacher, the second and third readings of Ordinance



On motion by Miller and seconded by Kroger, the 4/29/15 Insurance Committee report was


On motion by Kroger and seconded by Christensen, the City/HMU maximum Health Flexible

Spending Account Contribution limit was approved to be increased from $2500 to $2550

effective with the contributions starting January, 2016. The motion carried unanimously.


Action was tabled until the 5/26/15 Council meeting regarding the resolution approving contract

and bond for the Wastewater Treatment Plant Ultra-Violet (UV) Disinfection Improvements.

Council member Kolbe introduced Resolution No. 2193, entitled “RESOLUTION DECLARING

AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO

REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN

CONNECTION WITH SPECIFIED PROJECTS.” Council member Pedersen seconded the

motion. A roll call vote was had which was unanimous in favor of the motion and the resolution

was duly adopted.


On motion by Miller and seconded by Kroger, the Mayor’s appointment (effective 7/01/15) of

Steven Olson and re-appointments of Connie Lehan and Mick Soll to the Parks and Recreation

Board for 4-year terms to expire 7/01/19 were approved. The motion carried unanimously.

On motion by Kroger and seconded by Christensen, the Mayor’s re-appointment (effective

7/01/15) of Tim Miller to the Board of Adjustment for a 5-year term to expire 7/01/20 was


On motion by Kroger and seconded by Pedersen, the Mayor’s re-appointments (effective

7/01/15) of Nella Seivert and John Bolton to the Planning and Zoning Commission for 4-year

terms to expire 7/01/19 were approved. The motion carried unanimously.

The Mayor signed a Proclamation for National Public Works Week (May 17 – 23, 2015).


Pamela Meurer, Deputy City Clerk Gene Gettys, Jr., Mayor

These minutes are as recorded by the Deputy Clerk and are subject to Council approval at the

next regular meeting.

These minutes are as recorded by the City Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – May 26, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 26th day of May, 2015. The


were:

PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, and Mike Kolbe

ABSENT: Dave Pedersen

The Clerk presented the agenda. It was moved by Schumacher and seconded by Kroger that the agenda

be approved with the exception of tabling item #3. The motion carried unanimously.


On motion by Kolbe and seconded by Christensen that the following items contained in the Consent

Agenda be approved and adopted:





b. Abstract No. 1097 in the amount of $(to be available 5/26/15)

c. Investment, expenditure, and revenue reports for the month of April, 2015

d. Receive and file the Wastewater Treatment Plant’s April, 2015 report

e. Police statistical report for the month of April, 2015

f. Renewal application from Iowa Wines, & More at 506 Market St., for Class B Native

Wine and Sunday Sales Permit



Lori Tarney, 1st Grade Harlan Community Schools was unable to attend this evening’s meeting and will

schedule their appearance for a later date.

On by Miller and seconded by Kroger to receive and file the Personnel and Finance Committee 5/12/2015

report. The motion carried unanimously.


Council member Schumacher introduced Resolution No. 2194, entitled “RESOLUTION APPROVING

CONTRACT AND BOND FOR THE WASTEWATER TREATMENT FACILITY ULTRAVIOLET

(UV) PROJECT FOR THE CITY OF HARLAN, IOWA” and moved its adoption. Council member

Kolbe seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the

motion and the resolution was duly adopted.

On motion by Miller and seconded by Schumacher to approve payment of $64,786 from the Bond Issue

to Friends of Downtown toward the $79,786 cost of downtown lights and installation. The motion carried

unanimously.

On motion Miller by and seconded by Schumacher to approve payment to SWIPCO of City’s share

($7695.00) for demolition of blighted property at 1409 12th St. The motion carried unanimously.

On motion by Christensen and seconded by Schumacher to approve Ace Pipe Cleaning, Inc. change order

#1 for $243,017.10. The motion carried unanimously.

On motion by Miller and seconded by Kolbe to approve the InfraSource Construction, LLC, Ypsilanti,

Michigan, proposal to install 6,500’ of 2” PE gas main, including labor, equipment and material for

$55,250. The motion carried unanimously.


There being no further business, the meeting adjourned.


CITY OF HARLAN – HARLAN, IOWA – June 9, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 9th day of June, 2015. The


were:

PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, and Mike Kolbe

ABSENT: Dave Pedersen

The Clerk presented the agenda. It was moved by Miller and seconded by Christensen that the agenda be


The Mayor asked the Council members to state any conflict of interest, as applicable. Kolbe to abstain

from the vote on the Joint Participation Agreement with SWIPCO. He currently serves as Chairman of

the Board. (Agenda item 4.a.).

On motion by Miller and seconded by Kolbe that the following items contained in the Consent Agenda be







c. Renewal application from Harlan Golf and Country Club for Class “C” liquor license,

Outdoor Service and Sunday Sales

d. Renewal application from The Lounge for Class “C” Liquor License, Outdoor Service

and Sunday Sales permits

e. Cigarette/Tobacco/Nicotine/Vapor Permits for FY15/16

f. New Solid Waste Hauler’s Permit Application from Green-R-U, LLC of Blairsburg, IA

for 2015, for purpose of collecting organic waste from grocery stores and commercial

businesses and transport to Eddyville Compost Facility for processing



On motion by Kroger and seconded by Kolbe to receive and file the Personnel and Finance Committee

5/26/2015 report. Motion carried unanimously.

On motion by Miller and seconded by Christensen to receive and file the Insurance Committee 5/29/2015

report. Motion carried unanimously

On motion by Kolbe and seconded by Kroger to accept the voluntary insurance plan option from Delta

Vision/Epic for vision/hearing aid coverage presented by The Agency. Motion carried unanimously.


On motion by Kroger and seconded by Christensen to approve the Joint Participation Agreement with

SWIPCO. The motion carried with Kolbe abstaining from voting as he is Chairman of the Board for

SWIPCO.

On motion by Miller and seconded by Kroger to approve the recommendation from Terry Cox and Ron

Buck to offer the position of Shop Foreman to Josh Travis. Motion carried unanimously.


On motion by Kroger and seconded by Schumacher to approve the re-appointment of Everette Carroll and

Brett Shields and appointment of Becky Mahoney to the Library Board for 4-year terms to expire

7/1/2019. Motion carried unanimously.




meeting.

CITY OF HARLAN – HARLAN, IOWA – June 23, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 23rd day of June, 2015. The meeting

was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were:

Council member Miller introduced Resolution No 2196, entitled “RESOLUTION TO SET A


LOTS 5 & 6, N. ½ Lot 21, Lots 22, 23, 24, & S. 154’ OF N 330’, HANSEN ADDITION, 1409

12TH STREET, IN THE CITY OF HARLAN, IOWA” and moved its adoption. Council member

Kroger seconded the motion to adopt. A roll call vote was had which was unanimous in favor of




On motion by Miller and seconded by Kroger, the resignation of Dan Lotenschtein from the Library

Board was received and filed. The motion carried unanimously.

On motion by Kolbe and seconded by Pedersen, the Mayor’s appointment was approved of Roger Ewert

to the Library Board to complete Dan Lotenschtein’s term which expires 7-01-18. The motion carried

unanimously.




meeting.

CITY OF HARLAN – HARLAN, IOWA – July 7, 2015


session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 7th day of July, 2015. The


were:

PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and

Dave Pedersen

ABSENT: None

The Clerk presented the agenda. On motion by Kroger and seconded by Schumacher, the agenda was



On motion by Kolbe and seconded by Pedersen, the following items contained in the Consent Agenda







c. Resolution No. 2197 – Setting City Salaries for FY15/16

A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda

items were approved and adopted.

On motion by Christensen and seconded by Pedersen, the Public Health and Sanitation

Committee 6-23-15 report was received and filed. The motion carried unanimously.

On motion by Miller and seconded by Kolbe, the Amendment to Agreement with Veenstra and

Kimm, Inc. was approved regarding WWTF Digester Cover, Boiler, and Heat Exchanger

Improvements Professional Engineering Services. The motion carried unanimously.

The City Clerk presented a report.

On motion by Pedersen and seconded by Schumacher, the request was approved to transfer available

balances (not to exceed $10,000) of the Library FY14/15 budget funds to the Capital Improvements fund.






meeting.

CITY OF HARLAN – HARLAN, IOWA – July 21, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 21st day of July, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dave Miller, Jay Christensen, Mike Kolbe, and Dave Pedersen ABSENT: Dan Schumacher The Clerk presented the agenda. It was moved by Pedersen and seconded by Kolbe that the agenda be approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

It was moved by Miller and seconded by Christensen that the following items contained in the Consent Agenda be approved and adopted:

All items listed under the Consent Agenda will be enacted by one motion with a roll call vote. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion. Consent Agenda items may include any non-controversial subjects.

a. Minutes of the 7/07/15 Council meeting b. Abstract No. 1101 in the amount of $ 393,611.41 c. Investment, expenditure, and revenue reports for the month of June, 2015 d. Receive and file the Wastewater Treatment Plant’s June, 2015 report e. Police statistical report for the month of June, 2015 f. Renewal application by Barry Deuel d/b/a The Flower Barn for Class B Native Wine and

Sunday Sales permits A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

The Mayor announced that this is the date, time, and place for public hearing regarding the proposed disposal of City-owned property at 1409 12th Street (Lots 5 & 6, N. ½ Lot 21, Lots 22, 23, 24 & S. 154’ of No. 330’ Hansen Addition).


On motion by Kroger and seconded by Pedersen that the public hearing be closed. The motion carried unanimously. The City Administrator reported on the three bids received. One bid did not meet the minimum bid requirements, one was withdrawn and the other bid, which qualified, was from R. Adam Bendorf for $10,050. Council member Miller introduced Resolution No. 2198, entitled “RESOLUTION FOR THE DISPOSAL AND CONVEYANCE OF LOTS 5 & 6, N. ½ LOT 21, LOTS 22, 23, 24 & S. 154’ OF NO. 330’ HANSEN ADDITION, 1409 12TH STREET” and moved its adoption. Council member Kroger seconded the motion. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

The City Administrator presented a report. The Mayor presented his report. There being no further business, the meeting on motion adjourned.

Debra R. Sawyer, City Clerk Gene Gettys, Jr., Mayor These minutes are as recorded by the Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – August 4, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 4th day of August, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Dan Schumacher, Dave Miller, Mike Kolbe, and Dave Pedersen ABSENT: Sharon Kroger and Jay Christensen The Clerk presented the amended agenda, to include tabling items 4.a.1. and 2. until the next regular Council meeting. It was moved by Pedersen and seconded by Miller that the agenda be approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Kolbe and seconded by Pedersen, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 7/21/15 Council meeting b. Abstract No. 1102 in the amount of $531,725.50 c. Lease Agreement with Connections Area on Aging for 7/1/15 – 6/30/16 for use

of the C.G. Therkildsen Activity Center, for senior citizen services A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

On motion by Schumacher and seconded by Kolbe, the Streets, Alleys, and Sidewalks Committee 7/23/15 report was received and filed. The motion carried unanimously. Council member Miller introduced Ordinance No. 2015-07, entitled “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA (2006) CHAPTER 65 STOP OR YIELD REQUIRED BY A CHANGE TO §65.01 STOP REQUIRED”, regarding the recommendation by Streets, Alleys, and Sidewalks Committee to reinstall stop signs at intersections of 10th and Tarkington and 11th and Tarkington Streets. On motion by Miller and seconded by Schumacher, Ordinance No. 2015-07 was read for the first time. A roll call vote was had which was unanimous in favor of the motion. The second reading will be held August 18, 2015. On motion by Kroger and seconded by Pedersen, the 6th Street Sidewalk Project, with the sidewalks to be completed by November 1, 2016, was approved. The motion carried unanimously.

On motion by Miller and seconded by Kolbe, to approve the street improvements resulting from the $ .10 gas increase. The motion carried unanimously.

On motion by Miller and seconded by Pedersen, the Personnel and Finance Committee 7/24/15 report was received and filed. The motion carried unanimously. On motion by Kolbe and seconded by Miller, the draft was approved of the Purchase Agreement to sell Lot 17, G.H. Christiansen Subdivision and grant the option to purchase to Bill McCarty, Hansen House, for Lots 15, 16, 18, and/or 19, G.H. Christiansen, valid until 9/30/18, pending Mr. McCarty getting a survey of property they need and with the modification to item #18 of the Purchase Agreement that construction for Lot 17 begin within one (1) year of the date the deed is recorded (not within three (3) years). The motion carried unanimously.

On motion by Miller and seconded by Schumacher, the City Attorney was directed to proceed with abandonment of 1014 Broadway, 910 Court, 904 Court, and 212 Market Street. The motion carried unanimously.

On motion by Kolbe and seconded by Pedersen, the Personnel and Finance Committee 7/30/15 report was received and filed. The motion carried unanimously.

The City Administrator presented a report. On motion by Schumacher and seconded by Miller, the Abstract Painting and Dec., Inc. proposal was approved to paint the Norman D. Stamp Aquatic Center pool for $32,722.00. The motion carried unanimously.

On motion by Kolbe and seconded by Miller, it was approved to fund a maximum of up to $20,000 to the J.C. Park Playground Equipment Project. The motion carried unanimously.

The Mayor presented his report. John McCurdy of SWIPCO presented a CDBG grant application for downtown revitalization on behalf of the Friends of Downtown. After discussion, it was moved by Miller and seconded by Kolbe to approve the engagement agreement with SWIPCO for $5,000 to initiate services relating to the preparation of a CDBG application for the proposed downtown revitalization project. The motion carried unanimously.


Debra R. Sawyer, City Clerk Gene Gettys, Jr., Mayor These minutes are as recorded by the City Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – August 18, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 18th day of August, 2015. The meeting was called to order by Dave Miller, Mayor pro tem in the Chair, and the following Council members were: PRESENT: Sharon Kroger. Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe and Dave

Pedersen ABSENT: Mayor Gene Gettys The Clerk presented the amended agenda, to include the correction to include Kolbe moving to approve the 6th Street Sidewalk Project not Kroger as formally noted. It was moved by Kroger and seconded by Schumacher that the agenda be approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

It was moved by Kolbe and seconded by Schumacher that the following items contained in the Consent Agenda be approved and adopted:


a. Minutes of the 8/04/15 Council meeting with the amendment to include Kolbe moving to approve the 6th Street Sidewalk Project not Kroger as formally noted

b. Abstract No. 1103 in the amount of $(to be available 8/18/15) c. Expenditure, and revenue reports for the month of July, 2015 d. Receive and file the Wastewater Treatment Plant’s July, 2015 report e. Police statistical report for the month of July, 2015 f. Renewal application from Harlan Pizza Ranch Inc. for Class “B” Beer (BB) (Includes Wine

Coolers) g. Renewal application by Casey’s General Store #2914 for Class C Beer, Class LE Liquor,

Class B Wine/Native Wine and Sunday Sales permit h. Renewal application from Shopko Stores Operating Co., LLC d/b/a Shopko Hometown #682

for Class “C” Beer License (BC), Class “B” Wine Permit and Sunday Sales permits A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

The City Administrator presented a report. It was moved by Kroger and seconded by Christensen to receive and file the Veenstra & Kimm, Inc recommendation to award contract for the WWTP Improvements Digester Cover, Boiler and Heat Exchanger Project. The motion carried unanimously. Council member Pedersen introduced Resolution No 2199, entitled “RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE 2015 WASTEWATER TREATMENT PLANT IMPROVEMENTS – DIGESTER COVER, BOILER, AND HEAT EXCHANGE PROJECT” and moved its adoption. Council member Schumacher seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted Council member Kolbe introduced Resolution No 2200, entitled “RESOLUTION MAKING AWARD OF CONTRACT TO FOR THE 2015 WASTEWATER TREATMENT PLANT IMPROVEMENTS – DIGESTER COVER, BOILER, AND HEAT EXCHANGE PROJECT” and moved its adoption. Council

member Kroger seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted Council member Kroger introduced Resolution No 2201, entitled “RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AGREEEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,650,000 GENERAL OBLIGATION CAPITAL LOAN NOTES OF THE CITY OF HARLAN, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF” and moved its adoption. Council member Schumacher seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted. It was moved by Christensen and seconded by Pedersen to approve the Engagement Agreement with Ahlers & Cooney, P.C. in its capacity as Bond Counsel in connection with the issuance of Not to Exceed $1,650,000 General Obligation Capital Loan Notes, Series 2015. The motion carried unanimously Council member Schumacher introduced Ordinance No. 2015-08, entitled “AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA, 2006, BY AMENDING PROVISIONS PERTAINING TO AMUSEMENT DEVICES”. It was moved by Schumacher and seconded by Kroger that Ordinance No. 2015-08 now be read for the first time. A roll call vote was had which was unanimous in favor of the motion. It was moved by Kolbe and seconded by Schumacher that the second and third readings of Ordinance No. 2015-08 be dispensed and the ordinance be placed upon its final adoption. The motion carried unanimously and the ordinance was duly adopted. Council member Kroger introduced Ordinance No. 2015-09, entitled “AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA, 2006, BY ADDING PROVISIONS PERTAINING TO DISORDERLY CONDUCT”. It was moved by Kroger and seconded by Schumacher that Ordinance No. 2015-09 now be read for the first time. A roll call vote was had which was unanimous in favor of the motion. It was moved by Kroger and seconded by Schumacher that the second and third readings of Ordinance No. 2015-09 be dispensed and the ordinance be placed upon its final adoption. The motion carried unanimously and the ordinance was duly adopted. Council member Kroger introduced the second reading of Ordinance No. 2015-07, entitled “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA (2006) CHAPTER 65 STOP OR YIELD REQUIRED BY A CHANGE TO §65.01 STOP REQUIRED”, regarding the recommendation by Streets, Alleys, and Sidewalks Committee to reinstall stop signs at intersections of 10th and Tarkington and 11th and Tarkington Streets. On motion by Kroger and seconded by Pedersen, Ordinance No. 2015-07 was read for the second time. A roll call vote was had which was unanimous in favor of the motion. It was moved by Schumacher and seconded by Kolbe that the third reading of Ordinance No. 2015-07 be dispensed and the ordinance be placed upon its final adoption. The motion carried unanimously and the ordinance was duly adopted. The Mayor pro tem presented his report. There being no further business, the meeting on motion adjourned.

Debra R. Sawyer, City Clerk David Miller, Mayor pro tem These minutes are as recorded by the City Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – September 1, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 1st day of September, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and Dave

Pedersen ABSENT: None The Clerk presented the amended agenda. On motion by Kroger and seconded by Schumacher, the agenda was approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Christensen and seconded by Pedersen, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 8/18/15 Council meeting with correction: City Clerk presented report instead of the City Administrator

b. Abstract No. 1104 in the amount of $139,609.89 c. Resolution No. 2202 – Approving the Official Financial Report for City Streets

for the Fiscal Year 2014/2015 (SFR Report) A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

The Mayor announced that this was the time, date, and place for public hearing regarding the proposed loan agreement and issuance of not to exceed $1,650,000 G.O. Capital Loan Notes.

On motion by Miller and seconded by Kolbe, the hearing was closed. The motion carried unanimously.

Council member Kroger introduced Resolution No. 2203, entitled “RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,650,000 GENERAL OBLIGATION CAPITAL LOAN NOTES” and moved its adoption. Council member Pedersen seconded the motion. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted. Council member Kolbe introduced Resolution No. 2204, entitled “RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,580,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2015, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT” and moved its adoption. Council member Kroger seconded the motion. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

On motion by Kroger and seconded by Miller, the Planning and Zoning Commission’s 8/27/15 report was received and filed. The motion carried unanimously.

On motion by Miller and seconded by Christensen to receive and file the Planning and Zoning Commission’s FY14/15 Annual Report. The motion carried unanimously. The Clerk presented a report. The Mayor presented a report. It was moved by Kolbe and seconded by Miller to approve the request from ISU Extension & Outreach to close the parking on the west side of their office at 906 6th Street on Friday, 9/11/15, from 11:30 a.m. – 1 p.m., for the Iowa/Iowa State Tailgate party (from alley north to the end of the block – 5 – 6 spaces). The motion carried unanimously.


Debra R. Sawyer, City Clerk Gene Gettys, Jr., Mayor These minutes are as recorded by the Clerk and are subject to Council approval at the next meeting.

CITY OF HARLAN – HARLAN, IOWA – September 15, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 15th day of September, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and Dave

Pedersen ABSENT: None The Clerk presented the amended agenda. It was moved by Miller and seconded by Schumacher that the agenda be approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

It was moved by Schumacher and seconded by Kroger that the following items contained in the Consent Agenda be approved and adopted:


a. Minutes of the 9/1/15 Council meeting (correction from 9/15 to 9/1 noted at meeting on the 10/6) b. Abstract No. 1105 in the amount of $675,876.94 c. Expenditure, and revenue reports for the month of August, 2015 d. Receive and file the Wastewater Treatment Plant’s August, 2015 report e. Police statistical report for the month of August, 2015 f. Transfer application for Class B (Beer) Permit from Shelby County Chamber of Commerce to move to the

Vets Auditorium for the 2015 International Beer Festival on October 24th, 2015. (correction-approval of a 5-day permit for Shelby County Chamber of Commerce and premise update)

g. Renewal application from Victoria Station (Sharon Monson) for Class “C” Liquor License (LC) (Commercial)

A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

It was moved by Kroger and seconded by Christensen to receive and file the Public Health and Sanitation Committee minutes for 9/8/15 report with the correction of Milled to Miller in the motion under the City Administrator’s Report, 2nd bullet point. The motion carried unanimously. It was moved by Miller and seconded by Pedersen to approve the amended draft for the Nutrient Reduction Study Project prepared by V&K. The motion carried unanimously. No Street, Alleys & Sidewalk minutes available. They will be presented at the next meeting. Jenny Blankenship from PFM Group was present to give a report of bids received for the 2015 WWTP bond issue. She reported that the sale went really well and we received 6 bids. The low bid was a true interest rate of 2.6742%, which came in better than the original estimation. PFM would recommend that the City award the $1,580,000 General Obligation Capital Loan Notes, Series 2015 (later amended to $1,555,000) to D.A. Davidson & Co. out of Denver, Colorado at a True Interest Rate of 2.6742%. It was moved by Miller and seconded by Kolbe to accept the recommendation from PFM and award the bid to D.A. Davidson & Co. The motion carried unanimously.

Council member Kolbe introduced Resolution No. 2205, entitled “RESOLUTION DIRECTING SALE $ 1,555,000.00 GENERAL OBLIGATION NOTES, SERIES 2015” and moved its adoption.

Council member Miller seconded the motion. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

The City Administrator presented his report. The Mayor presented a report. There being no further business, the meeting on motion adjourned.

Debra R. Sawyer, City Clerk Gene Gettys, Jr., Mayor These minutes are as recorded by the City Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – October 6, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 6th day of October, 2015. The meeting was called to order by Dave Miller, Mayor pro tem in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and Dave

Pedersen ABSENT: None The Clerk presented the agenda. It was moved by Kroger and seconded by Pedersen that the agenda be approved, with corrections to the 9/15/15 Council minutes concerning Consent Agenda items a) 9/15/15 Council Minutes should have been 9/01/15 minutes approved and f) should have been approved as 5-day beer permit and premise update for Shelby County Chamber of Commerce. The motion carried unanimously. The Mayor pro tem asked the Council members to state any conflict of interest, as applicable.

On motion by Schumacher and seconded by Kolbe, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 9/15/15 Council meeting, as corrected & 9/29/15 Special Council meeting

b. Abstract No. 1106 in the amount of $469,951.89 c. Renewal application from Taylor Quik-Pik for Class C Beer Permit (BC) and

Sunday Sales A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

On motion by Christensen and seconded by Kroger, the Streets, Alleys, and Sidewalks Committee 9/14/15 report was received and filed. The motion carried unanimously.

On motion by Pedersen and seconded by Kroger, Streets, Alleys, and Sidewalks Committee’s recommendation was approved to uphold the 9/07/04 agreement that property owners in the Onyx Drive cul-de-sac would not need to add sidewalks. The motion carried unanimously.

On motion by Kolbe and seconded by Christensen, the street improvements resulting from the ten (10) cent gas increase were approved. The motion carried unanimously.

It was moved by Kolbe and seconded by Christensen that the City will not reimburse Mr. and Mrs. Dick O’Bryan for tree removal. The motion carried unanimously.

Council member Kroger introduced Ordinance No. 2015-10, entitled “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA (2006) BY ADDING A REGULATION TO §69.08 NO PARKING ZONES OF CHAPTER 69, PARKING REGULATIONS”, to add no parking to the west side of 8th Street from Euclid Street to the Norman D. Stamp Aquatic Center entrance.

On motion by Kroger and seconded by Schumacher that Ordinance No. 2015-10 was read for the first time. A roll call vote was had which was unanimous in favor of the motion.

On motion by Schumacher and seconded by Kroger, the second and third readings of Ordinance No. 2015-10 were dispensed and it was placed upon its final adoption. A roll call vote was had which was unanimous in favor of the motion and the ordinance was duly adopted.

On motion by Kolbe and seconded by Kroger, the Personnel and Finance Committee 9/15/15 report was received and filed. The motion carried unanimously.

On motion by Kroger and seconded by Kolbe, FMCTC was given permission to bore under City property at 707 and 711 Durant Street to run cable to Elite Sales Processing, Inc., 1205 7th Street. The motion carried unanimously.

On motion by Kroger and seconded by Schumacher, ten (10) blocks were approved in the downtown area for the Friends of Downtown CDBG Façade Grant, as per the map presented by SWIPCO. The motion carried unanimously.

Schumacher moved and seconded by Kolbe to approve the agreement presented by the City Attorney to approve the sale of Lot 17, G.H. Christiansen Subdivision to Bill McCarty, owner of Hansen House of Harlan. The motion carried unanimously.

Council member Schumacher introduced Resolution No. 2208, entitled “RESOLUTION TO SET A DATE FOR PUBLIC HEARING REGARDING THE PROPOSAL FOR THE DISPOSAL OF 209 7TH STREET, LOT 17 IN THE G.H. CHRISTIANSEN SUBDIVISION, CITY OF HARLAN, IOWA” and moved its adoption. Council member Christensen seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

The Clerk presented a report.

Council member Schumacher introduced Resolution No. 2209, entitled “RESOLUTION ACCEPTING THE WORK FOR THE SEWER REHABILITATION PROJECT (2014)” and moved its adoption. Council member Pedersen seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

Council member Schumacher introduced Resolution No. 2210, entitled “RESOLUTION ADOPTING THE SHELBY COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN FOR THE CITY OF HARLAN, IOWA” and moved its adoption. Council member Kolbe seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

The Mayor pro tem presented a report.

On motion by Kolbe and seconded by Kroger, the re-appointment was approved of Terry Arentson to the HMU Board of Trustees for a 6-year term to expire 11/21/21. The motion carried unanimously.

On motion by Kroger and seconded by Pedersen, the appointment was approved of Shelby County Chamber of Commerce and Industry Director Todd Valline as City liaison for the Friends of Downtown CDBG grant with SWIPCO. The motion carried unanimously.


Debra R. Sawyer, City Clerk Dave Miller, Mayor pro tem

These minutes are as recorded by the Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – October 20, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 20th day of October, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and Dave

Pedersen ABSENT: None The Deputy Clerk presented the agenda, with item 3, Public Hearing, tabled to a future date. On motion by Schumacher and seconded by Pedersen, the agenda was approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Kolbe and seconded by Schumacher, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 10/20/15 Council meeting b. Abstract No. 1107 in the amount of $505,375.05 c. Expenditure and revenue reports for the month of September, 2015 d. Receive and file the Wastewater Treatment Plant’s September, 2015 report e. Police statistical report for the month of September, 2015 f. Renewal applications from the Floral Elegance & Unique Gifts, LLC for Class “B”

Native Wine Permit (WBN) with Sunday Sales A roll call vote was had which was unanimous in favor of the motion and the Consent Agenda items were approved and adopted.

The City Administrator presented a report and discussed the WWTP Nutrient Reduction report. The Mayor presented a report. Council member Kroger introduced Resolution No. 2211, entitled “RESOLUTION TO SUPPORT SMOKE-FREE MULTI-UNIT HOUSING WITHIN THE CITY OF HARLAN, IOWA” and moved its adoption. Council member Christensen seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted. There being no further business, the meeting on motion adjourned.

Pamela Meurer, Deputy City Clerk Gene Gettys, Jr., Mayor These minutes are as recorded by the Deputy Clerk and are subject to Council approval at the next regular meeting.

MinutesMinutes City of Harlan

Regular City Council Meeting Council Chambers, October 27, 2015, 12:00 pm

The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in special session in the Council Chambers in City Hall at 12 o’clock noon the 27th day of October, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were:

PRESENT: Dan Schumacher*, Dave Miller, Jay Christensen, Mike Kolbe, and Dave Pedersen

ABSENT: Sharon Kroger The Deputy City Clerk presented the agenda. The purpose of the called Special Council meeting was to evaluate an individual’s professional competency whose performance or discharge is being considered. Possible closed session under Iowa Code Section 21.5(i.): To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session. It was moved by Miller and seconded by Christensen that the agenda be approved. The motion carried unanimously.

The Mayor asked the Council members to state any conflict of interest, as applicable. None were stated.

City Attorney Todd Argotsinger advised the Council that he had received a written request from City Clerk Debra Sawyer to enter into closed session, under Iowa Code Section 21.5(i).

It was moved by Kolbe and seconded by Pedersen to enter into closed session at this time, as per Iowa Code Section 21.5(i). A roll call vote was had which was unanimous in favor of the motion and the motion carried. The Mayor, Council, City Administrator, City Attorney, and Deputy City Clerk entered into closed session with the City Clerk at 12:05 P.M. *Schumacher arrived and entered closed session as it began.

Special session re-opened at 1:35 P.M.

City Administrator Terry L. Cox stated that it has been determined that the City Clerk’s skill and competency are not adequate for performing the duties as City Clerk despite both on-the-job and outside training and that her employment should be terminated. Debra Sawyer asked if the City would not fight unemployment payment to her. The City Administrator stated the City would not fight her unemployment claim.

It was moved by Kolbe and seconded by Schumacher to accept the City Administrator’s recommendation to terminate City Clerk Debra Sawyer. A roll call vote was had which was unanimous in favor of the motion and the motion carried.

The City Administrator recommended that Deputy City Clerk Pam Meurer be appointed as the Interim City Clerk effective as of this date, as per State Code.

It was moved by Miller and seconded by Schumacher to appoint Deputy Clerk Pam Meurer as the Interim City Clerk. The motion carried unanimously.

There being no further business, the meeting on motion adjourned at 1:45 P.M.

Pamela Meuer, Interim City Clerk

Gene Gettys, Mayor

MinutesMinutes City of Harlan

Regular City Council Meeting Council Chambers, October 27, 2015, 12:00 pm

The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in special session in the Council Chambers in City Hall at 12 o’clock noon the 27th day of October, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were:

PRESENT: Dan Schumacher*, Dave Miller, Jay Christensen, Mike Kolbe, and Dave Pedersen

ABSENT: Sharon Kroger The Deputy City Clerk presented the agenda. The purpose of the called Special Council meeting was to evaluate an individual’s professional competency whose performance or discharge is being considered. Possible closed session under Iowa Code Section 21.5(i.): To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session. It was moved by Miller and seconded by Christensen that the agenda be approved. The motion carried unanimously.

The Mayor asked the Council members to state any conflict of interest, as applicable. None were stated.

City Attorney Todd Argotsinger advised the Council that he had received a written request from City Clerk Debra Sawyer to enter into closed session, under Iowa Code Section 21.5(i).

It was moved by Kolbe and seconded by Pedersen to enter into closed session at this time, as per Iowa Code Section 21.5(i). A roll call vote was had which was unanimous in favor of the motion and the motion carried. The Mayor, Council, City Administrator, City Attorney, and Deputy City Clerk entered into closed session with the City Clerk at 12:05 P.M. *Schumacher arrived and entered closed session as it began.

Special session re-opened at 1:35 P.M.

City Administrator Terry L. Cox stated that it has been determined that the City Clerk’s skill and competency are not adequate for performing the duties as City Clerk despite both on-the-job and outside training and that her employment should be terminated. Debra Sawyer asked if the City would not fight unemployment payment to her. The City Administrator stated the City would not fight her unemployment claim.

It was moved by Kolbe and seconded by Schumacher to accept the City Administrator’s recommendation to terminate City Clerk Debra Sawyer. A roll call vote was had which was unanimous in favor of the motion and the motion carried.

The City Administrator recommended that Deputy City Clerk Pam Meurer be appointed as the Interim City Clerk effective as of this date, as per State Code.

It was moved by Miller and seconded by Schumacher to appoint Deputy Clerk Pam Meurer as the Interim City Clerk. The motion carried unanimously.

There being no further business, the meeting on motion adjourned at 1:45 P.M.

Pamela Meuer, Interim City Clerk

Gene Gettys, Mayor

CITY OF HARLAN – HARLAN, IOWA – November 3, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 3rd day of November, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Mike Kolbe, and Dave Pedersen ABSENT: Jay Christensen The Interim City Clerk presented the agenda. On motion by Schumacher and seconded by Miller, the agenda was approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.



a. Minutes of the 10/20/15 & 10/27/15 Council meetings b. Abstract No. 1108 in the amount of $350,816.33 c. New application from BW Gas & Convenience Retail, LLC Store #10004 (owner

Brookwood Financial Partners of Beverly, MA) 2111 23rd Street (former BP/Harlan AMOCO) for Class B Native Wine and Sunday Sales permits and Retail Permit for Cigarette/Tobacco/Nicotine/Vapor all to be effective 11/17/2015


On motion by Miller and seconded by Kroger, the 10/30/15 Personnel and Finance Committee report was received and filed. The motion carried unanimously. Shelby County Chamber of Commerce and Industry Director Todd Valline described the area targeted for the downtown CDBG application and explained how it was determined to be reduced. He discussed the qualifications of the recommended architectural firm, RDG. It was moved by Kolbe and seconded by Kroger to approve hiring RDG as architect for the Downtown CDBG project. The motion carried unanimously. Alexsis Stensland of SWIPCO presented a revised map for reducing the downtown rehabilitation target area. Schumacher questioned why the map doesn’t expand beyond the buildings surrounding the square. Alexsis stated that IAED staff advised to target less buildings to make the chances of receiving the grant more favorable. It was moved by Miller and seconded by Kroger to reduce the target area for the Downtown CDBG project. The motion carried with Schumacher opposed. Council member Kolbe introduced Resolution No. 2213, entitled “SLUM AND BLIGHT AREA DECLARATORY RESOLUTION” and moved its adoption. Council member Pedersen seconded the

motion to adopt. A roll call vote was had which was in favor of the motion, with Schumacher opposed, and the resolution was duly adopted. It was moved by Kroger and seconded by Schumacher to transfer the 2005 Police Dodge 4x4 pickup to Vets Auditorium/Therkildsen Activity Center and to transfer $2500 from each department to the Police Equipment Revolving Fund and to cease the Vets Auditorium/Therkildsen Activity Center Manager’s car allowance upon receipt of that vehicle. The motion carried unanimously. It was moved by Kolbe and seconded by Miller to hire HR-One Source to seek candidates for the City Clerk position. The motion carried unanimously. The outstanding bill for fire services was discussed. $1000 has been received for the bill, which was computed per the current City ordinance. The City Administrator advised that normal insurance reimbursement is $500-$1,000 and that the ordinance will be reviewed to amend the current fire service fee schedule. It was moved by Miller and seconded by Schumacher to forgive the balance of the fire response bill ($11,550) for ROV 3 Holdings, LLC, for the large-scale fire at 1612 8th Street. The motion carried unanimously. It was moved by Kroger and seconded by Pedersen to appoint Terry Cox as administrator of on-line access for the City’s checking account with Shelby County State Bank. The motion carried unanimously. Council member Schumacher introduced Resolution No. 2212, entitled “RESOLUTION TO AUTHORIZE THE SIGNING OF WARRANTS” and moved its adoption. Council member Kroger seconded the motion to adopt. A roll call was had which was unanimous in favor of the motion and the resolution was duly adopted. The City Administrator presented his report. The Mayor presented a report. There being no further business, the meeting on motion adjourned.

Pamela Meurer, Interim City Clerk Gene Gettys, Jr., Mayor These minutes are as recorded by the Interim City Clerk and are subject to Council approval at the next regular meeting.

CITY OF HARLAN – HARLAN, IOWA – November 3, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 3rd day of November, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Mike Kolbe, and Dave Pedersen ABSENT: Jay Christensen The Interim City Clerk presented the agenda. On motion by Schumacher and seconded by Miller, the agenda was approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.



a. Minutes of the 10/20/15 & 10/27/15 Council meetings b. Abstract No. 1108 in the amount of $350,816.33 c. New application from BW Gas & Convenience Retail, LLC Store #10004 (owner

Brookwood Financial Partners of Beverly, MA) 2111 23rd Street (former BP/Harlan AMOCO) for Class B Native Wine and Sunday Sales permits and Retail Permit for Cigarette/Tobacco/Nicotine/Vapor all to be effective 11/17/2015


On motion by Miller and seconded by Kroger, the 10/30/15 Personnel and Finance Committee report was received and filed. The motion carried unanimously. Shelby County Chamber of Commerce and Industry Director Todd Valline described the area targeted for the downtown CDBG application and explained how it was determined to be reduced. He discussed the qualifications of the recommended architectural firm, RDG. It was moved by Kolbe and seconded by Kroger to approve hiring RDG as architect for the Downtown CDBG project. The motion carried unanimously. Alexsis Stensland of SWIPCO presented a revised map for reducing the downtown rehabilitation target area. Schumacher questioned why the map doesn’t expand beyond the buildings surrounding the square. Alexsis stated that IAED staff advised to target less buildings to make the chances of receiving the grant more favorable. It was moved by Miller and seconded by Kroger to reduce the target area for the Downtown CDBG project. The motion carried with Schumacher opposed. Council member Kolbe introduced Resolution No. 2213, entitled “SLUM AND BLIGHT AREA DECLARATORY RESOLUTION” and moved its adoption. Council member Pedersen seconded the

motion to adopt. A roll call vote was had which was in favor of the motion, with Schumacher opposed, and the resolution was duly adopted. It was moved by Kroger and seconded by Schumacher to transfer the 2005 Police Dodge 4x4 pickup to Vets Auditorium/Therkildsen Activity Center and to transfer $2500 from each department to the Police Equipment Revolving Fund and to cease the Vets Auditorium/Therkildsen Activity Center Manager’s car allowance upon receipt of that vehicle. The motion carried unanimously. It was moved by Kolbe and seconded by Miller to hire HR-One Source to seek candidates for the City Clerk position. The motion carried unanimously. The outstanding bill for fire services was discussed. $1000 has been received for the bill, which was computed per the current City ordinance. The City Administrator advised that normal insurance reimbursement is $500-$1,000 and that the ordinance will be reviewed to amend the current fire service fee schedule. It was moved by Miller and seconded by Schumacher to forgive the balance of the fire response bill ($11,550) for ROV 3 Holdings, LLC, for the large-scale fire at 1612 8th Street. The motion carried unanimously. It was moved by Kroger and seconded by Pedersen to appoint Terry Cox as administrator of on-line access for the City’s checking account with Shelby County State Bank. The motion carried unanimously. Council member Schumacher introduced Resolution No. 2212, entitled “RESOLUTION TO AUTHORIZE THE SIGNING OF WARRANTS” and moved its adoption. Council member Kroger seconded the motion to adopt. A roll call was had which was unanimous in favor of the motion and the resolution was duly adopted. The City Administrator presented his report. The Mayor presented a report. There being no further business, the meeting on motion adjourned.


CITY OF HARLAN – HARLAN, IOWA – November 17, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 17th day of November, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Mike Kolbe, and Dave Pedersen ABSENT: Jay Christensen The Interim City Clerk presented the amended agenda, with the addition of item G. On motion by Pedersen and seconded by Schumacher, the agenda was approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Kolbe and seconded by Kroger, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 11/03/15 Council meeting b. Abstract No. 1109 in the amount of $270,465.39 c. Renewal application from Wild Willie’s, 524 Market St., for Class C Liquor

License, Sunday Sales and Outdoor Service d. Expenditure and revenue reports for the month of October, 2015 e. Receive and file the Wastewater Treatment Plant’s October, 2015 report f. Police statistical report for the month of October, 2015 g. Approve Annual Finance Report FY2014/15


Eric Cowles of Ames, as Award Chairman of the Iowa Chapter of APWA, presented the Stan Ring Distinguished Service Award to Terry L. Cox. On motion by Kolbe and seconded by Miller, the 11/12/15 Personnel and Finance Committee report was received and filed. The motion carried unanimously. Council member Kolbe introduced Ordinance No. 2015-11, entitled “AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HARLAN, IOWA, 2006, BY AMENDING CHAPTER 35, FIRE DEPARTMENT, §35.18.3 BILLING RATES, AND CHAPTER 36, HAZARDOUS SUBSTANCE SPILLS, §36.05 NOTIFICATIONS”. On motion by Kolbe and seconded by Miller, Ordinance No. 2015-11 was read for the first time. A roll call vote was had which was unanimous in favor of the motion. On motion by Miller and seconded by Kroger, the second and third readings of Ordinance No. 2015-11 were dispensed and it was placed upon its final adoption. A roll call vote was had which was unanimous in favor of the motion and the ordinance was duly adopted.

On motion by Kroger and seconded by Pedersen, the agreement with RDG was approved for architectural services in the amount of $8500 in preparation of CDBG application for grant for the Downtown Rehabilitation Project. The motion carried unanimously. It was moved by Kroger and seconded by Schumacher that the local support for the Housing Rehabilitation grant not exceed $18,000. The motion carried unanimously. The City Administrator presented his report. The Mayor presented a report. There being no further business, the meeting on motion adjourned.


CITY OF HARLAN – HARLAN, IOWA – SPECIAL COUNCIL MEETING NOVEMBER 24, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in special session in the Council Chambers in City Hall at 11:15 a.m. on the 24th day of November, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dave Miller, Jay Christensen, Mike Kolbe, and Dave Pedersen ABSENT: Dan Schumacher The Interim City Clerk presented the agenda. The purpose of the called Special Council meeting was for the consideration of Resolution No. 2214, to approve the Annual State Tax Increment Finance Report for FY14/15; approving the Annual TIF Authority Report and TIF Certification FY16/17, and to approve the renewal application by C.G. Therkildsen Activity Center for Class “C” Liquor License (LC) (Commercial) and Sunday Sales and for It was moved by Miller and seconded by Kolbe that the agenda be approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable. None were stated. Council member Miller introduced Resolution No. 2214, entitled “RESOLUTION APPROVING THE ANNUAL STATE TAX INCREMENT FINANCE REPORT FY2014/15” and moved its adoption. Councilmember Christensen seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted. On motion by Miller and seconded by Pedersen, the Annual TIF Authority Report and Annual TIF Certification FY16/17 was approved. The motion carried unanimously. It was moved by Kroger and seconded by Christensen to approve the renewal application by the C.G. Therkildsen Activity Center for a Class “C” Liquor license (LC) (Commercial) and Sunday Sales. The motion carried unanimously. There being no further business, the meeting on motion adjourned at 11:29 a.m.


CITY OF HARLAN – HARLAN, IOWA – December 1, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 1st day of December, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Mike Kolbe, and Dave Pedersen ABSENT: Jay Christensen The Interim City Clerk presented the agenda. On motion by Kolbe and seconded by Pedersen, the agenda was approved. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Miller and seconded by Kroger, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 11/17 and 11/24/15 Council meetings b. Abstract No. 1110 in the amount of $110,875.13


Troy Schaben and Liliana Gonzalez , representing Monogram Foods “Monogram Loves Kids” Foundation, presented a $2500 donation to Friends of Harlan City Parks.

On motion by Kolbe and seconded by Miller, the Personnel and Finance Committee 11-24-15 report was received and filed. The motion carried unanimously.

On motion by Miller and seconded by Kroger, the Streets, Alleys, and Sidewalks Committee 11/30/15 report was received and filed. The motion carried unanimously.





CITY OF HARLAN – HARLAN, IOWA – December 15, 2015 The City Council of the City of Harlan, Iowa met pursuant to law and the rules of said Council in regular session in the Council Chambers in City Hall at 5:15 o’clock P.M. the 15th day of December, 2015. The meeting was called to order by Gene Gettys, Mayor in the Chair, and the following Council members were: PRESENT: Sharon Kroger, Dan Schumacher, Dave Miller, Jay Christensen, Mike Kolbe, and Dave

Pedersen ABSENT: None The Interim City Clerk presented the agenda. It was moved by Kolbe and seconded by Christensen to approve the agenda, with item g.) Solid Waste and Recyclables Haulers Licenses for 2016 pulled to act on individually, due to a conflict of interest cited by Council member Kroger, who is the wife of one of the applicants. The motion carried unanimously. The Mayor asked the Council members to state any conflict of interest, as applicable.

On motion by Schumacher and seconded by Pedersen, the following items contained in the Consent Agenda were approved and adopted:


a. Minutes of the 12/01/15 Council meeting b. Abstract No. 1111 in the amount of $1,423,379.19 c. Renewal application from the Sandwich Bowl, LLC for Special Class C Liquor

License (BW) (Beer/Wine) d. Expenditure and revenue reports for the month of November, 2015 e. Receive and file the Wastewater Treatment Plant’s November, 2015 report f. Police statistical report for the month of November, 2015 g. Solid Waste and Recyclables Haulers Licenses for 2016 h. Council Committees and Liaisons for 2016 i. Resolution No. 2215 – Appreciation for Length of Service j. Renewal application by Cyclone Lanes for Class C Liquor License (LC) and

Sunday Sales permit


It was moved by Miller and seconded by Schumacher to approve the Solid Waste and Recyclables Haulers Licenses for 2016. The motion carried, with Kroger abstaining due to financial gain because she is the wife of one of the applicants.

Alexsis Stensland and Jeremy Middents of SWIPCO were present to discuss the Community and Housing Needs Assessment. The Mayor announced that this was the date, time, and place for public hearings regarding:

a. Proposal to submit an application to the FY2016 Community Development Block Grant (CDBG) Downtown Revitalization Program. It was moved by Miller and seconded by Christensen to open the hearing. The motion carried unanimously. This program will assist the City in rehabilitating its downtown buildings to maintain a downtown presence within the City’s designated slum and blight district. In order to reduce slum and blight, the project will assist in the renovation and rehabilitation of all participating building facades. The construction will take approximately three (3) years to complete. The CDBG application will be made on or before February 5, 2015. The City is applying for a $500,000 CDBG grant and the City of Harlan will provide the local match of $250,000. In addition, match from building/business owners is required for 25% of the respective building’s project cost. The project will benefit the entire community of Harlan and reduce the City’s blight. No persons will be displaced by the proposed activities. Any acquisition of land will occur in accordance with the provisions of the Uniform Acquisition and Relocation Act. No written or oral objections were filed. It was moved by Kolbe and seconded by Kroger to close the hearing. The motion carried unanimously and the Mayor closed the hearing at 5:34 p.m.

b. Proposal to submit a CDBG application for the Housing Rehabilitation Program. It was moved by Miller and seconded by Schumacher to open the hearing. The motion carried unanimously.

The City of Harlan identified a need to continue the housing rehabilitation

program and rehabilitate deteriorating housing units. The City intends to apply for a Community Development Block Grant to complete a housing rehabilitation program. The CDBG application will be made on or before January 15, 2016. The City is applying for a $225,000 CDBG grant. The City of Harlan will provide the local match of $18,000. 100% of project beneficiaries will be low-moderate income. The project target area includes residential areas starting at the intersection of Cyclone Avenue and 12th Street, then east to 1st Street, then south to Willow Avenue extended, then west to 8th Street, then south to Chatburn Avenue, then west to 12th Street, then north to the starting point. No persons will be displaced by the proposed activities. Any acquisition of land will occur in accordance with the provisions of the Uniform Acquisition and Relocation Act. The proposed project will bring low-moderate income, owner-occupied housing units in the target area up to Iowa Minimum Housing Rehabilitation Standards.

No written or oral objections were filed.

It was moved by Schumacher and seconded by Christensen to close the hearing. The motion carried unanimously and the Mayor closed the meeting at 5:38 p.m.

Council member Pedersen introduced Resolution No. 2216, entitled “RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO MAKE AN APPLICATION TO THE CDBG HOUSING FUND PROGRAM FOR ASSISTANCE TO A HOUSING REHABILITATION PROGRAM” and moved its adoption. Council member Kroger seconded the motion to adopt. A roll call vote was had which was unanimous in favor of the motion and the resolution was duly adopted.

On motion by Miller and seconded by Kroger, the Housing Rehabilitation Administrative Plan

was approved. The motion carried unanimously.


It was moved by Kolbe and seconded by Christensen that Harlan Community High School will not have to install a sidewalk on the north side of Durant Street from 19th Street to the west, because they have a good safety system. The motion carried unanimously.

It was moved by Miller and seconded by Schumacher to advertise the proposed sale of the City property north of the Abundant Life Church, 1610 Chatburn Avenue, after obtaining a detailed map/survey of the property. The motion carried unanimously.

The Mayor presented a Certificate of Appreciation to Dan Schumacher for four (4) years of service as Council member, Ward 4.

The Interim City Clerk administered the Oathes of Office to Mayor Gettys, David H. Pedersen (Council-at-Large, Lincoln Twp.), David Miller (Ward 2), Greg Bladt (Ward 4), and Sharon Kroger (Council-at-Large, Center Twp.).

The Mayor read a proclamation for the 125th anniversary of the establishment of HMU’s Water and Electric divisions.

Margie Schenck and Jani Sorfonden previewed the Blue Zone video.



Documents

CITY OF HARLAN HARLAN, IOWA January 6, 2015cityofharlan.com/CouncilMinutesAgenda/PriorYears/2015/... · 2018-09-01 · CITY OF HARLAN – HARLAN, IOWA – January 20, 2015 The City