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1 SPENCER CITY COUNCIL MEETING SEPTEMBER 05, 2017 SPENCER, IOWA The City Council of the City of Spencer, Iowa, met on the 5 th day of September, 2017, at 6:30 o clock P.M., in regular session in the Council Chambers, City Hall, Spencer, Iowa, pursuant to law, to adjournment and to the rules of said Council. The meeting was called to order by Mayor Reynold Peterson, in the Chair and the roll being called, the following Council Members were present: Present: Petska, Orrison, Jacobsen, Hanson, Prentice, Moriarty Absent: Bomgaars It was moved by Council Member Prentice, seconded by Council Member Moriarty to approve items on the consent agenda, as follows: Approve Minutes of August 21, 2017; Approve 5 Day Class C Liquor License for Sacred Heart Catholic Church, effective November 10, 2017 for Special Event; subject to final approval by Iowa Alcoholic Beverage Division; RESOLUTION NO. 5683: RESOLUTION NO. 5684: RESOLUTION AUTHORIZING AND DIRECTING THE TEMPORARY CLOSING OF PORTIONS OF CITY STREET (1 st Avenue West) IN THE CITY OF SPENCER AS REQUESTED BY HOPE CHURCH FOR A SPECIAL EVENT OCTOBER 29, 2017 RESOLUTION APPROVING OFFICIAL 2016-17 FISCAL YEAR STREET FINANCE REPORT Approve Purchase of four Overhead Doors for the Waste Treatment Plant from Advance Door Systems for $6,825.00 (CIP Item); The Mayor put the question upon the motion, and the roll being called, the vote thereon was as follows: Nays: Whereupon, the Mayor declared the motion carried. The Mayor announced this was the time and place set for a Public Hearing on Proposed Establishment of the City of Spencer Menard s Sanitary Sewer District and the Adoption of Connection Fees;

2 The Mayor declared the Public Hearing Open. Written Comments Against: Oral Comments Against: Written Comments in Favor: Oral Comments in Favor: The Mayor declared the Public Hearing Closed. Council Member Orrison introduced and caused to be placed on file an ordinance entitled, AN ORDINANCE ESTABLISHING THE CITY OF SPENCER MENARD S SANITARY SEWER DISTRICT AND ESTABLISHING SANITARY SEWER CONNECTION FEES IN THE DISTRICT. Council Member Petska seconded the motion. The Mayor put the question on the motion and the roll being called, the vote thereon was as follows: Nays: Absent: Bomgaars filing. Whereupon, the Mayor declared the motion carried and said proposed ordinance was placed on 1 st The Mayor announced this was the time and place set for a Public Hearing on Proposed Transfer of City Real Property in Exchange for the Grant of Trail Easement with Midwest Electrical & Energy Solutions, Inc.; The Mayor declared the Public Hearing Open. Written Comments Against: Oral Comments Against: Written Comments in Favor:

3 Oral Comments in Favor: The Mayor declared the Public Hearing Closed. Council Member Moriarty moved the adoption of a resolution entitled RESOLUTION APPROVING AND AUTHORIZING TRANSFER OF CITY REAL PROPERTY IN EXCHANGE FOR THE GRANT OF TRAIL EASEMENT WITH MIDWEST & ENERGY SOLUTIONS, INC., seconded by Council Member Hanson. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5685 A RESOLUTION APPROVING THE TRANSFER OF CITY REAL PROPERTY IN EXCHANGE FOR THE GRANT OF TRAIL EASEMENT WITH MIDWEST & ENERGY SOLUTIONS, INC. The Mayor announced this was the time and place set for a Public Hearing on Proposed Transfer of City Real Property in Exchange for the Grant of Trail Easement with Kardell Family Trust Dated September 24, 2002; The Mayor declared the Public Hearing Open. Written Comments Against: Oral Comments Against: Written Comments in Favor: Oral Comments in Favor: The Mayor declared the Public Hearing Closed.

4 Council Member Orrison moved the adoption of a resolution entitled RESOLUTION APPROVING TRANSFER OF CITY REAL PROPERTY IN EXCHANGE FOR THE GRANT OF TRAIL EASEMENT WITH THE KARDELL FAMILY TRUST DATED SEPTEMBER, 24, 2002, seconded by Council Member Jacobsen. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5686 RESOLUTION APPROVING TRANSFER OF CITY REAL PROPERTY IN EXCHANGE FOR THE GRANT OF TRAIL EASEMENT WITH THE KARDELL FAMILY TRUST DATED SEPTEMBER, 24, 2002 Council Member Hanson moved the adoption of a resolution entitled RESOLUTION AWARDING AND AUTHORIZING EXECUTION OF A MARKETING AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. DBA SERVICE LINE WARRANTIES OF AMERICA, seconded by Council Member Petska. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5687 A RESOLUTION AWARDING AND AUTHORIZING EXECUTION OF A MARKETING AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. DBA SERVICE LINE WARRANTIES OF AMERICA Council Member Orrison moved the adoption of a resolution entitled RESOLUTION AWARDING CONTRACT FOR 2017 PEDERSON PARK ELECTRICAL AND LIGHTING IMPROVEMENT PROJECT (ProTech Electrical Services Inc. $1,127,340.00), seconded by Council Member Moriarty. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5688 RESOLUTION AWARDING CONTRACT FOR 2017 PEDERSON PARK ELECTRICAL AND LIGHTING PROJECT (ProTech Electrical Services Inc. $1,127,340.00)

5 Council Member Jacobsen moved the adoption of a resolution entitled RESOLUTION APPROVING CONTRACT AND PERFORMANCE BOND FOR 2017 PEDERSON PARK ELECTRICAL AND LIGHTING IMPROVEMENT PROJECT (ProTech Electrical Services Inc. $1,127,340.00), seconded by Council Member Petska. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5689 APPROVING CONTRACT AND PERFORMANCE BOND FOR 2017 PEDERSON PARK ELECTRICAL AND LIGHTING PROJECT (ProTech Electrical Services Inc. $1,127,340.00) It was moved by Council Member Hanson, seconded by Council Member Moriarty to approve the Preliminary Plat of Shuck Wood Addition, Spencer, Clay County, Iowa. The motion was declared carried when all Council Members present voted aye on voice call vote. Council Member Hanson moved the adoption of a resolution entitled RESOLUTION APPROVING THE FINAL PLAT OF SHUCK WOOD ADDITION, SPENCER, CLAY COUNTY, IOWA, seconded by Council Member Prentice. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5690 A RESOLUTION APPROVING THE PLAT OF SHUCK WOOD ADDITION AS A SUBDIVISION OF THE CITY OF SPENCER, CLAY COUNTY, IOWA It was moved by Council Member Prentice, seconded by Council Member Jacobsen to approve Agreement for Glass Recycling Services with Ripple Glass, LLC. The motion was declared carried when all Council Members present voted aye on voice call vote. It was moved by Council Member Petska, seconded by Council Member Orrison to approve CIP Roll-Off Container Purchase for $12,175.00 and Recycling Container Purchase for Glass Recycling Project for $14,925.00 from MWC Refuse Equipment, Lincoln, Nebraska. The motion was declared carried when all Council Members present voted aye on voice call vote. It was moved by Council Member Hanson, seconded by Council Member Moriarty to approve Lease with David Milbrath, CFP DBA Prairie Plans for office space in City Hall, effective October 1, 2017. The motion was declared carried when all Council Members present voted aye on voice call vote.

6 Council Member Petska moved the adoption of a resolution entitled RESOLUTION TO REQUEST THE ASSISTANCE OF THE STAFF OF THE NORTHWEST IOWA PLANNING & DEVELOPMENT COMMISSION FOR COMPLETING AN ENVIRONMENTAL ASSESSMENT FOR THE CITY S PHASE II 4 th AVENUE STORM WATER (CSO) SEPARATION PROJECT, seconded by Council Member Jacobsen. After due consideration, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Nays: RESOLUTION NO. 5691 A RESOLUTION TO THE CITY OF SPENCER, IOWA TO REQUEST THE ASSISTANCE OF THE STAFF OF THE NORTHWEST IOWA PLANNING & DEVELOPMENT COMMISSION It was moved by Council Member Jacobsen, seconded by Council Member Moriarty to Set a Public Hearing on CDBG Application for 4 th Avenue Storm Water Separation Project, Phase II for September 18, 2017, 6:30 o clock P.M. The motion was declared carried when all Council Members present voted aye on voice call vote. Department Head Reports: Golf Course: Planning Department: Library: Fire: Police: Public Works: Park & Recreation: City Attorney: Engineer's Report: City Manager s Report: Mayor s Report:

7 Council/Comm. Reports: Committee of the Whole to review Comprehensive Use Plan and Nuisance Procedure, September 19, 2017, 5:30 o clock P.M. It was moved by Council Member Prentice, seconded by Council Member Hanson to approve the Bills and Claims and Funds Transfers. The motion was declared carried when all Council Members present voted aye on voice call vote. Other Business: It was moved by Council Member Jacobsen and seconded by Council Member Orrison to adjourn the meeting of the Spencer City Council at 7:34 o'clock P.M. The motion was declared carried when all Council Members present voted aye on voice call vote. ATTEST: Reynold Peterson, Mayor Theresa E. Reardon, City Clerk (SEAL) End of August 2017 Claims VENDOR DESCRIPTION AMOUNT CENTRAL PAYMENT fees 1,621.78 DEPARTMENT OF HUMAN SERV pr deduct 981.68 EMPLOYEE BENEFIT SYSTEMS pr deduct 22,826.76 FARMERS BANK taxes 39,731.17 FARMERS BANK fees 112.19 IOWA DEPT NATURAL RESOURCES fees 29,122.63 I P E R S pr deduct 35,152.45 ICMA RETIREMENT TRUST-457 pr deduct 360.00 MUNICIPAL FIRE & POLICE pr deduct 37,643.01 PETTY CASH-SMG reimbursement 3,000.61 TREASURER, STATE OF IOWA pr deduct 15,149.00 SPENCER EMPLOYEES ASSOC. pr deduct 270.00 EMPLOYEE BENEFIT SYSTEMS premiums 114,918.78 LEADING EDGE AVIATION contract 3,104.17 PEOPLE FOR PETS contract 400.00 SPENCER FAMILY YMCA contract 20,192.00

8 AFLAC pr deduct 2,262.00 COLONIAL LIFE INSURANCE pr deduct 284.04 TOTAL 327,132.27 FUND TOTALS GENERAL 96,376.18 SP REVENUE 158,803.43 SEWER 6,025.08 SEWER 2,403.72 AIRPORT 3,228.04 SOLID WASTE 14,876.21 LANDFILL 36,410.46 REG COLL CNTR 513.36 GOLF 8,495.79 TOTAL 327,132.27 AUGUST 2017 RECEIPTS MTD REVENUE 001-GENERAL FUND 247,828.22 020-PROPERTY INSURANCE 282.41 040-CEMETERY RESERVE 19.34 041-RIVERSIDE COLUMBARIUM 14.30 045-LIBRARY RESERVE 95.04 047-COMM CTR RES 51.30 049-DRUG EDUCATION 5,075.79 050-POLICE RESERVE 216.98 051-D.A.R.E. 052-FIRE CAP IMPR 457.94 053-CAPITAL IMPR 167,957.80 054-STR IMP RESERVE 800.65 056-PARK RESERVE 272.97 057-PARK/RECR RESERVE 0.00 058-PARK SPECIAL PRJ 0.00 059-GOLF CAP IMPR 0.00 060-RC SRTS/SIDEWALK RESERVE 412.69 061-ECONOMIC DEVELOPMENT 881.61 062-SHINE LOAN 4,186.98 063-RENAISSANCE INITIATIVE 30.25 064-CABLE TV 87.47 065-BRIDGE RESERVE 57.19 066-P.W. SINKING 711.14 067-AIRPORT CAPITAL RES 068-CITY HALL RESERVE 104.64 069-RENTER DEPOSIT 0.00 070-ST WATER DIST #1 1,803.70 071-ST WATER DIST#2 0.00 080-STORM SWR RESERVE 1,150.16 085-RST CASH-HOTEL/MOTEL 83,553.29 087-RST CASH-SPENCER CARES 103.45 089-EMERGENCY FUND 420.51 090-QUALITY HSG INITIATIVE 118.58 092-TECHNOLOGY FUND 187.11 093-ACCRUED BENEFITS 126.15

110-ROAD USE TAX 150,421.05 112-FICA/IPERS 1,926.69 113-WORK COMP 250.51 114-UNEMPLOYMENT 41.95 115-GROUP INSURANCE 41,508.68 117-CS EXPENSE 390.49 118-CS POLICE 484.49 119-POLICE SPECIAL PROCEEDS 26.91 120-CS FIRE 129.71 121-PASSENGER FACILITY 0.00 122-TREES FOREVER 0.84 124-LOCAL OPTION 160,177.05 125-T.I.F. 1,791.27 126-T.I.F. HY-VEE 0.00 127-SALES TAX TIF 62.23 162-SSMID 475.96 180-HOTEL/MOTEL-E.C. 0.00 181-HOTEL/MOTEL SOCCER 0.00 182-HOTEL/MOTEL RECREATION 0.00 183-HOTEL/MOTEL 0.00 200-DEBT SERVICE 1,198.79 300-CAPITAL IMPROVEMENT 312,959.27 500-PERPETUAL CARE 0.00 501-RIVERSIDE TRUST 17.66 502-COLUMBARIUM VAULT 4.20 503-NORTHLAWN PERP CARE 59.71 504-GRIFFIN TRUST 52.98 505-LEACH TRUST 15.97 600-ENTERPRISE CAPITAL IMPR 230,972.20 615-WTP RESERVE 1,471.78 620-SEWER 161,299.33 625-SAN SEWER RESERVE 988.81 630-CSI RESERVE 66,517.27 635-SEWER REV BND SKG FUND 169.88 660-AIRPORT ENTERPRISE 8,720.37 661-AIRPORT RESERVE 438.17 670-SOLID WASTE 217,722.77 671-SOLID WASTE RESERVE 838.50 672-SW TRNS ST CLOSURE 14.30 673-LANDFILL 171,933.60 674-LANDFILL IMPR/EQUIPMENT 1,350.80 675-LANDFILL BOND SKG 0.00 676-LANDFILL BOND RESERVE 0.00 677-LF-COMP PLANNING 9,771.82 678-LF ENVT PROTECTION 4,702.62 679-LF POST CLOSURE 1,546.28 685-LANDFILL CELL CONST RES. 673.65 690-LF REGIONAL COLL CNTR 1,386.86 680-LANDFILL CLOSURE FUND 818.80 682-LANDFILL ENV MGMNT(EMS) 10,244.04 745-GOLF COURSE ENTERPRISE 40,734.05 746-GOLF COURSE RESERVE 0.00 949-CENTRAL GRAGE 0.00 950-FUEL EQUIPMENT 2,452.85 Spencer City Council 9

10 951-HOEPPNER TRUST 0.00 952-IGL DRUG TASK FORCE 0.00 953-ROSE RETAIL LOAN FUND 0.00 TOTAL 2,123,772.82 Claims VENDOR DESCRIPTION AMOUNT A & M INC. services 193.07 ALL AMERICAN TURF BEAUTY INC services 909.82 THE AMERICAN BOTTLING COMPANY beverages 125.28 BLACK HILLS ENERGY utilities 3,015.58 ARNOLD MOTOR SUPPLY repairs 111.69 ANIMAL MEDICAL CENTERS, P.C. services 1,146.00 ATLAS FOUNDATION COMPANY, LLC project 58,744.00 AUDIO EDITIONS books 1,188.47 BAKER & TAYLOR CO. books 61.46 NORTHERN LIGHTS DISTRIBUTING supplies 748.61 BOLTON & MENK INC. services 16,084.64 BLACKTOP SERVICES CO. maintenance 1,498.50 CANON FINACIAL SERVICES maintenance 172.00 CARROLL CONSTRUCTION SUPPLY supplies 737.35 VERIZON WIRELESS phones 120.03 CLAY COUNTY AUDITOR agreement 7,000.00 CLAY COUNTY local option 16,010.01 CLAY COUNTY E 911 maintenance 1,523.50 CLAY COUNTY HERITAGE CENTER grant 1,439.35 COE EQUIPMENT maintenance 311.66 COMMUNITY INSURANCE fees 1,000.00 ALPHA WIRELESS COMMUNICATIONS supplies 563.50 CRESCENT ELECTRIC maintenance 161.79 CONTINENTAL RESEARCH CORP maintenance 687.78 COOPERATIVE ENERGY COMPANY fuel 1,774.60 CUMMINS CENTRAL POWER LLC maintenance 200.48 CULLIGAN supplies 60.65 DE LOSS CONSTRUCTION project 81,170.05 DANKO EMERGENCY EQUIPMENT CO. clothing 1,402.31 DELS GARDEN CENTER maintenance 1,766.42 DUININCK maintenance 1,020.68 EMAGINE supplies 76.45 E.M.S. AUTO PARTS repairs 34.76 FAREWAY STORES #788 supplies 88.48 MAXYIELD COOPERATIVE fuel 865.81 FASTENAL COMPANY supplies 108.14 FELD FIRE maintenance 1,008.70

11 FLEETPRIDE repairs 157.20 FOX INTERNATIONAL repairs 1,534.88 FREDERICK BLANCH books 23.62 CHAD GANSEN mowing 104.50 GALEN'S PRO-MOW repairs 130.02 GRAHAM TIRE CO. repairs 25.00 HANCOCK CONCRETE PRODUCTS repairs 567.00 HARRISON TRUCK CENTERS repairs 217.05 I STATE TRUCK CENTER repairs 191.97 INGRAM LIBRARY SERVICES books 5.05 AIRGAS NORTH CENTRAL supplies 121.26 IRA/ISOSWO CONFERENCE registration 250.00 I WIRELESS cell phones 43.49 JANITORS CLOSET supplies 395.57 JACK'S UNIFORMS & EQUIP uniform 332.17 JOHNSTON AUTOSTORES repairs 508.45 KAPCO POSTAL PACK & SHIP supplies 43.04 KOENIG PORTABLE TOILETS maintenance 1,780.00 LARUE COFFEE supplies 189.00 LEROY & SONS pay estimate 118,520.21 LUBE TECH supplies 3,511.65 HANSON PLUMBING & HEATING maintenance 8,980.82 L.P. GILL, INC. disposal 1,400.80 MAR-LIN BUSINESS SUPPLY supplies 48.15 McDONALD SUPPLY CO maintenance 39.45 MCCLURE ENGINEERING project 17,500.00 MENARDS-SPENCER supplies 177.48 MICHAEL TODD maintenance 365.40 MICHAELSON INC. maintenance 1,563.93 MID STATES BUILDERS project 945.00 MIDWEST TAPE materials 79.95 MOST DEPENDABLE FOUNTAINS maintenance 360.00 VEOLIA WATER NORTH AMERICA operations 67,554.69 KRISTAT AUTO PARTS LLC. repairs 12.18 NAPA AUTO PARTS repairs 1,051.85 NIELSEN'S TIRE CO. repairs 494.95 NOTEBOOM IMPLEMENT LLC repairs 846.28 N.W. IA LEAGUE dues 90.00 N.W IA PLANNING & DEVELOP safety 304.00 HELLER ENTERPRISES maintenance 1,590.96 NORTH IOWA K-9 supplies 150.00 NEW CENTURY PRESS INC. miscellaneous 39.00 BLUE TARP FINANCIAL maintenance 26.48

12 OLD DUTCH FOODS food 98.00 PETERBILT OF SIOUX CITY repairs 462.52 DON PIERSON FORD repairs 127.32 PIXLER ELECTRIC maintenance 2,711.77 UNITED STATES POSTAL SERV supplies 800.00 PRO-TAINER trailers 71,352.00 RENS CONCRETE INC. project 70,075.18 RESCUE ESSENTIALS supplies 272.37 SANDERS INC supplies 1,660.88 SACRED HEART PARISH grant 250.00 SCHOENEMAN BROS supplies 406.08 SCOTT TECHNOLOGIES & TELECOM services 47.50 SEAMLESSDOCS dues 5,000.00 SHERWIN WILLIAMS maintenance 95.55 BOMGAARS maintenance 1,173.15 SIEH FARM DRAINAGE maintenance 68.60 SOUTHSIDE MONUMENTS supplies 38.10 SMOKE EATER subscription 392.00 SPENCER AUTO PARTS repairs 758.78 SPENCER COMM SCHOOLS local option 40,025.02 SPENCER DAILY REPORTER subscription 99.00 PRODUCTIVITY PLUS ACCOUNT repairs 216.30 SPENCER MUNI. UTILITIES utilities 39,164.76 SPENCER OFFICE SUPPLIES supplies 166.08 SPORT VIDEOS materials 276.00 STERLING CODIFIERS supplement 1,250.00 TRUCK EQUIPMENT maintenance 1,001.49 TREASURER'S OFFICE mtg expense 25.00 TYLER TECHNOLOGIES maintenance 1,253.19 ULTRAMAX supplies 782.00 UNIVERSAL INC. maintenance 535.21 WINFIELD US maintenance 72.25 U.S. CELLULAR cards 704.14 THE WATER CONNECTION supplies 52.60 VANDER HAAGS maintenance 20.00 VANDER POL EXCAVATING project 271,902.88 VISA mtg expense 4,772.16 MARK WARBURTON reimbursement 24.37 WHITE GLOVE JANITORIAL SERVICE supplies 109.14 YAMAHA GOLF & EQUIP maintenance 89.91 GARY WILCOX reimbursement 705.40 TOTAL 954,440.82

13 Minutes are subject to approval by the Spencer City Council.