11/23/2020 council meeting
The Albert City city council met in regular session on Monday, November 23, 2020. Mayor Skog called the meeting to order at 7:00 PM. All council members were present. Also present was Nola Jensen, city attorney.
Motion by Jarvis, second by Forbes to approve the agenda; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to approve the published minutes with the following correction to the minutes: (motion by Nagengast, second by Jarvis to sell the south ½ of Oak Street on the east end to David Peck in the amount of $200.00 with David Peck paying all legal fees incurred by the city);all voted aye, no nayes, motion carried.
Motion by Hanson, second by Forbes to approve Resolution 2020-06 to lower the interest rate on a water loan dated back to 2010 from 3% to 1.75%; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
Motion by Hanson, second by Forbes to approve the bills for payment.
Motion by Forbes, second by Jarvis to give Chamber bucks to employees for Christmas for the same amount from last year; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to accept Resolution 2020-07 to set the public hearing for the sale of 123 Main Street in the amount of $5000 to Daniel Beasley for Monday, December 14, 2020 at 7:00 PM; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
Motion by Forbes, second by Jarvis to give authorization to Mayor Skog & city clerk Nielson to sign the contract; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to accept Resolution 2020-08 to set the public hearing for the sale of the south ½ of Oak Street on the far east end of that street on Monday, December 14, 2020 at 7:10 PM to David Peck in the amount of $200.00 with David Peck to pay all legal fees incurred by the city; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
Motion by Forbes, second by Ehlers to empower Mayor Skog and city clerk Nielson to sign contract; all voted aye, no nayes, motion carried.
The council spoke about dogs again. Mayor Skog asked the council to review our code and various other codes they have from other towns and we will discuss this again on December 14.
Motion by Forbes, second by Ehlers to cancel December 28th meeting; all voted aye, no nayes, motion carried.
There being no further business, motion by Jarvis, second by Forbes to adjourn the meeting at 8:10 PM; all voted aye, no nayes, motion carried.
D. Skog, Mayor
A.Nielson, City clerk
The Albert City city council met in regular session on Monday, November 23, 2020. Mayor Skog called the meeting to order at 7:00 PM. All council members were present. Also present was Nola Jensen, city attorney.
Motion by Jarvis, second by Forbes to approve the agenda; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to approve the published minutes with the following correction to the minutes: (motion by Nagengast, second by Jarvis to sell the south ½ of Oak Street on the east end to David Peck in the amount of $200.00 with David Peck paying all legal fees incurred by the city);all voted aye, no nayes, motion carried.
Motion by Hanson, second by Forbes to approve Resolution 2020-06 to lower the interest rate on a water loan dated back to 2010 from 3% to 1.75%; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
Motion by Hanson, second by Forbes to approve the bills for payment.
Motion by Forbes, second by Jarvis to give Chamber bucks to employees for Christmas for the same amount from last year; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to accept Resolution 2020-07 to set the public hearing for the sale of 123 Main Street in the amount of $5000 to Daniel Beasley for Monday, December 14, 2020 at 7:00 PM; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
Motion by Forbes, second by Jarvis to give authorization to Mayor Skog & city clerk Nielson to sign the contract; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to accept Resolution 2020-08 to set the public hearing for the sale of the south ½ of Oak Street on the far east end of that street on Monday, December 14, 2020 at 7:10 PM to David Peck in the amount of $200.00 with David Peck to pay all legal fees incurred by the city; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
Motion by Forbes, second by Ehlers to empower Mayor Skog and city clerk Nielson to sign contract; all voted aye, no nayes, motion carried.
The council spoke about dogs again. Mayor Skog asked the council to review our code and various other codes they have from other towns and we will discuss this again on December 14.
Motion by Forbes, second by Ehlers to cancel December 28th meeting; all voted aye, no nayes, motion carried.
There being no further business, motion by Jarvis, second by Forbes to adjourn the meeting at 8:10 PM; all voted aye, no nayes, motion carried.
D. Skog, Mayor
A.Nielson, City clerk
11-09-2020 Council meeting
The Albert City city council met in regular session on Monday, November 9, 2020. Mayor Pro Tem called the meeting to order at 7:00 PM. Mayor Skog was absent. Also present was Randy Bobolz, Dave Peck, & Nola Jensen.
Motion by Forbes, second by Nagengast to approve the agenda; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to approve the minutes of the previous meeting as printed; all voted aye, no nayes, motion carried.
The October treasury report was presented. Motion by Jarvis, second by Forbes to approve the treasury report; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Hanson to approve the bills:
Motion by Jarvis, second by Forbes to waive the 1st reading of the ordinance for the garbage changes; roll call being called Ehlers, Nagengast, Forbes, Hanson, and Jarvis voted aye, no nayes, motion carried.
Motion by Forbes, second by Jarvis to waive the 2nd reading of the ordinance for the garbage changes; roll call being called Ehlers, Nagengast, Forbes, Hanson, and Jarvis voted aye, no nayes, motion carried.
Motion by Nagengast, second by Forbes to approve Ordinance 2020-02 as follows; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
BE IT ORDAINED by the City Council of the City of Albert City, Iowa that, Article 2 of Title II, Chapter 1 is hereby repealed and the following enacted in lieu thereof:
ARTICLE 2 – COLLECTION AND TRANSPORTATION OF SOLID WASTE
2.01 DEFINITIONS. For use in this chapter the following terms are defined:
(Code of Iowa, Sec. 455.302)
Commercial premises, industrial premises, schools and nursing homes shall provide for their own collection of refuse but shall still pay a monthly landfill fee to the City as the City pays landfill fees for the City as a whole.
2.03 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or refuse containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair.
2.04 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
2.05 FREQUENCY OF COLLECTION. All refuse shall be collected from residential premises, churches and apartment complexes at least once a week
2.06 BULKY SOLID WASTE. Bulky solid waste which is too large or heavy to be collected in the normal manner of other refuse may be collected at the discretion of the collector upon request.
2.07 TREE LIMBS AND BRUSH. Tree limbs of less than four inches in diameter and brush will be collected during designated times of the year provided they are placed at the curb or alley line. If there is an excessive amount of brush or tangled pile requiring more than 15 minutes to pick up, the owner may be billed.
2.08 RIGHT OF ENTRY. Solid waste collectors are authorized to enter upon private property for the purpose of collecting refuse as required by this chapter. However, solid waste collectors shall not enter dwelling units or other residential buildings.
2.09 COLLECTION FEES. The collection and disposal of refuse as provided by this chapter is declared to be a benefit to the property served and therefore, a mandatory fee shall be levied and collected in accordance to the following:
(Code of Iowa, Sec. 384-84(1))
2.10 LIEN FOR NONPAYMENT. Collection charges remaining and delinquent after the due date shall constitute a lien upon the premises served and shall be certified by the clerk to the county treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84(3))
2.11 COMBINED SERVICE ACCOUNT. The City may combine charges for refuse and solid waste collection services with other City Utility charges. If such a combined service account becomes delinquent, then all services may be discontinued after the required procedures have been followed.
2.12 CONTRACT WITH COLLECTOR. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste other than his own within the City without first obtaining from the City an annual contract in accordance to the following:
(Code of Iowa, Sec. 455B.302)
Bodily injury - $250,000 per person
$500,000 per occurrence
Property damage - $100,000.
Each insurance policy required, shall include provisions requiring the insurance agent to notify the city of the expiration, cancellation or other termination of coverage not less than ten (10) days prior to the effective date of such action.
2.13 PROHIBITED PRACTICES. It is unlawful for any person to:
2.14 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by Buena Vista County Solid Waste Commission are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste and recyclables produced or originating within the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Albert City, Iowa on this 9 day of November, 2020.
Dale Skog, Mayor
Attest
Angie Nielson, City Clerk
The investment policy was presented. Motion by Jarvis, second by Forbes to approve the investment policy; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to accept Resolution 2020-05 naming depositories; all voted aye, no nayes, motion carried.
There was discussion regarding the sale of 123 Main Street to Daniel Beazley. Mr. Beazley was not at the meeting so motion by Forbes, second by Nagengast to table any further discussion until Monday, November 23 so that Mr. Beazley could be present; all voted aye, no nayes, motion carried.
The sale of the south half of Oak Street at the east end of it was discussed. There is still more research needing to be done for this so motion by Nagengast, second by Forbes to table any further discussion until Monday, November 23; all voted aye, no nayes, motion carried.
Also the council wishes to begin talking about the dog ordinance on November 23.
There being no further business, motion by Forbes, second by Jarvis to adjourn at 8:10 PM; all voted aye, no nayes, motion carried.
D. Skog, Mayor
A.Nielson, City Clerk
The Albert City city council met in regular session on Monday, November 9, 2020. Mayor Pro Tem called the meeting to order at 7:00 PM. Mayor Skog was absent. Also present was Randy Bobolz, Dave Peck, & Nola Jensen.
Motion by Forbes, second by Nagengast to approve the agenda; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to approve the minutes of the previous meeting as printed; all voted aye, no nayes, motion carried.
The October treasury report was presented. Motion by Jarvis, second by Forbes to approve the treasury report; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Hanson to approve the bills:
Motion by Jarvis, second by Forbes to waive the 1st reading of the ordinance for the garbage changes; roll call being called Ehlers, Nagengast, Forbes, Hanson, and Jarvis voted aye, no nayes, motion carried.
Motion by Forbes, second by Jarvis to waive the 2nd reading of the ordinance for the garbage changes; roll call being called Ehlers, Nagengast, Forbes, Hanson, and Jarvis voted aye, no nayes, motion carried.
Motion by Nagengast, second by Forbes to approve Ordinance 2020-02 as follows; roll call being called Ehlers, Nagengast, Forbes, Hanson, & Jarvis voted aye, no nayes, motion carried.
BE IT ORDAINED by the City Council of the City of Albert City, Iowa that, Article 2 of Title II, Chapter 1 is hereby repealed and the following enacted in lieu thereof:
ARTICLE 2 – COLLECTION AND TRANSPORTATION OF SOLID WASTE
2.01 DEFINITIONS. For use in this chapter the following terms are defined:
- “Solid Waste Collection” shall mean the gathering of solid wastes from public and private places.
- “Solid Waste Transportation” shall mean the conveying of solid waste from one place to another by means of vehicle, rail, car, water vessel, conveyor, or other means.
- “Residential Premises.” A single family dwelling and any multiple family dwelling up to and including four (4) separate quarters. Garden type apartments and row type housing units shall be considered residential premises regardless of the total number of each such apartments or units which may be included in a given housing development.
- “Dwelling Unit.” Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating.
- “Property Served.” Any property which is being used or occupied and is eligible to receive refuse collection and disposal service as provided by this chapter.
- “Collectors.” Any person authorized by the City to gather solid waste from public and private places.
- “Recyclable Material” means solid waste determined from time to time by the City to be recyclable including but not limited to certain plastics, newsprint, corrugated cardboard, tin cans, or glass.
(Code of Iowa, Sec. 455.302)
Commercial premises, industrial premises, schools and nursing homes shall provide for their own collection of refuse but shall still pay a monthly landfill fee to the City as the City pays landfill fees for the City as a whole.
2.03 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or refuse containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair.
2.04 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
2.05 FREQUENCY OF COLLECTION. All refuse shall be collected from residential premises, churches and apartment complexes at least once a week
2.06 BULKY SOLID WASTE. Bulky solid waste which is too large or heavy to be collected in the normal manner of other refuse may be collected at the discretion of the collector upon request.
2.07 TREE LIMBS AND BRUSH. Tree limbs of less than four inches in diameter and brush will be collected during designated times of the year provided they are placed at the curb or alley line. If there is an excessive amount of brush or tangled pile requiring more than 15 minutes to pick up, the owner may be billed.
2.08 RIGHT OF ENTRY. Solid waste collectors are authorized to enter upon private property for the purpose of collecting refuse as required by this chapter. However, solid waste collectors shall not enter dwelling units or other residential buildings.
2.09 COLLECTION FEES. The collection and disposal of refuse as provided by this chapter is declared to be a benefit to the property served and therefore, a mandatory fee shall be levied and collected in accordance to the following:
(Code of Iowa, Sec. 384-84(1))
- SCHEDULE OF FEES. The fee for refuse collection and disposal services used or available shall be:
- For each housing unit, church, and apartment - $23.00 per month and in addition the provisions of Section C following shall apply.
- Each commercial, industrial or institutional establishment, school and nursing home shall pay a landfill fee to the City of $5.00 per month per nonrecycling dumpster, with $5.00 being the minimum monthly fee for each commercial, industrial or institutional establishment, school and nursing home. This monthly $5.00 fee per dumpster shall increase by 20¢ for every dollar the landfill “tipping fees” increase per ton over those in effect on November 1, 2020. Each of these entities shall contract directly with a reputable collector for the collection of that entity’s solid waste.
- Each housing unit and church will be allowed one 95 gallon container for solid waste per week and one 95 gallon container for recyclables per week. Each apartment complex may be provided with dumpsters as is deemed reasonable. Each apartment will be billed as a residence under 1.a. above. Each housing unit, church and apartment are requested to use the containers provided. The collector and the City are not liable for any damage or destruction of containers of the resident if such containers are used instead of those provided. Solid waste shall be bagged before being placed in the 95 gallon container or dumpster as applicable. Solid waste may not be picked up if not appropriately bagged and placed in the provided containers.
- CONTAINERS. The 95 gallon containers shall be provided by the Collector or the City. These shall remain the property of the Collector or the City as applicable.
- LOCATION OF CONTAINERS. Containers for the storage of solid waste awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers or other solid waste placed at the curb or alley line shall not be so placed more than twelve (12) hours in advance of the regularly scheduled collection day and shall be promptly removed from the curb or alley line within twelve hours (12) following collection.
- WASTE CONTAINER FINE. A fine of $25.00 may be charged by the City to the resident if the bins are not properly and/or timely placed according to ordinance.
- WASTE CONTAINER REPLACEMENT FEE. A replacement fee of $75.00 may be charged by the City to the resident if a bin is damaged or destroyed due to improper placement of the container or improper use of the container.
- RECYCLING. Every person owning, managing, operating, leasing or renting a residential premises, church or apartment will be encouraged to recycle their solid waste. To assist in this recycling effort, the City or Collector will provide recyclable totes for the collection of clean and dry recyclable materials designated by the Buena Vista County Recycle Center which may include glass food and beverage containers, paper, tin cans, certain plastic food, beverage, and soap containers, and cardboard. The individual property shall properly sort recyclable materials and place them loose (unbagged) in the appropriate recyclable totes to be picked up by the City or approved and licensed collectors as may be scheduled. This service will be provided in your monthly service. All collected recyclable materials are required to be delivered to the Buena Vista County Solid Waste Commission’s Recycle Center. Apartment complexes may be provided with dumpsters or with 95 gallon containers for recyclables as is reasonable. The recyclables must conform to the county recycling center guidelines which are in effect at the time of collection.
- PAYMENT OF FEES. The fees of 1.a. and 1.b. above in Section 2.10 shall be due and payable at the office of the clerk on or before the 15th day of the month along with the water and sewer charges.
- LATE PAYMENT PENALTY. Fees not paid when due shall be deemed delinquent and a late penalty of 10 percent of the amount due shall be added.
- PAYMENT TO THE COLLECTOR. The City shall pay the collector by the month the amount due for the month.
- All dumpsters within the corporate limits of the City of Albert City are deemed to be for the sole use of the customer at which these dumpsters are located. Unauthorized use of these dumpsters will be considered a violation of the City of Albert City’s unit based pricing ordinance. The fine for this violation shall be $500.00 per occurrence.
2.10 LIEN FOR NONPAYMENT. Collection charges remaining and delinquent after the due date shall constitute a lien upon the premises served and shall be certified by the clerk to the county treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84(3))
2.11 COMBINED SERVICE ACCOUNT. The City may combine charges for refuse and solid waste collection services with other City Utility charges. If such a combined service account becomes delinquent, then all services may be discontinued after the required procedures have been followed.
2.12 CONTRACT WITH COLLECTOR. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste other than his own within the City without first obtaining from the City an annual contract in accordance to the following:
(Code of Iowa, Sec. 455B.302)
- REQUIRED INFORMATION. The following information shall be required on the contract with the City:
- Name and address. The full name and address of the applicant, and if a corporation, the names and addresses of the officers.
- Equipment. A complete and accurate listing of the number and type of collection and transportation equipment to be used.
- Collection program. A complete description of the frequency, routes and method of collection and transportation to be used.
- Disposal. A statement as to the precise location and method of disposal or processing facilities to be used.
- INSURANCE. No collector’s contract shall be entered into unless the applicant shall file and maintain with the City, in addition to all other requirements, evidence of satisfactory public liability insurance. This insurance must cover all pertinent operations of the applicant related to the business, equipment and vehicles to be operated in the following minimum amounts:
Bodily injury - $250,000 per person
$500,000 per occurrence
Property damage - $100,000.
Each insurance policy required, shall include provisions requiring the insurance agent to notify the city of the expiration, cancellation or other termination of coverage not less than ten (10) days prior to the effective date of such action.
- CONTRACT NEGOTIATED. If the council upon investigation finds the collector to be in order and determines that the collector will collect, transport, process or dispose of solid waste without hazard to the public health or damage to the environment and in conformity with law and ordinance, a contract shall be negotiated
- RENEWAL. The contract may be renewed upon council review of the contractor’s compliance with its terms.
- CONTRACT NOT TRANSFERABLE. No contract authorized by this chapter may be transferred to another person without council approval.
- OWNER MAY TRANSPORT. Nothing within this chapter is to be construed as to prevent an owner from transporting solid waste accumulating upon premises owned, occupied or used by him, provided such refuse is disposed of properly in an approved sanitary disposal project.
- GRADING OR EXCAVATION EXCEPTED. No contract or permit shall be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities. However, all such materials shall be conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported shall spill upon the public right-of-way.
2.13 PROHIBITED PRACTICES. It is unlawful for any person to:
- Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.
- Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste and recycling collection service authorized by the City to collect such material.
- Disposal Site. Dispose of solid waste or recyclable materials within the City at any site which is not zoned and approved for such purposes by the City.
- Scavenging. Take or collect any solid waste or recyclables which has been placed out for collection on any premises, unless such person is an authorized solid waste collector.
- Mixing. Deposit non-recyclables in a recyclable container.
2.14 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by Buena Vista County Solid Waste Commission are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste and recyclables produced or originating within the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Albert City, Iowa on this 9 day of November, 2020.
Dale Skog, Mayor
Attest
Angie Nielson, City Clerk
The investment policy was presented. Motion by Jarvis, second by Forbes to approve the investment policy; all voted aye, no nayes, motion carried.
Motion by Jarvis, second by Forbes to accept Resolution 2020-05 naming depositories; all voted aye, no nayes, motion carried.
There was discussion regarding the sale of 123 Main Street to Daniel Beazley. Mr. Beazley was not at the meeting so motion by Forbes, second by Nagengast to table any further discussion until Monday, November 23 so that Mr. Beazley could be present; all voted aye, no nayes, motion carried.
The sale of the south half of Oak Street at the east end of it was discussed. There is still more research needing to be done for this so motion by Nagengast, second by Forbes to table any further discussion until Monday, November 23; all voted aye, no nayes, motion carried.
Also the council wishes to begin talking about the dog ordinance on November 23.
There being no further business, motion by Forbes, second by Jarvis to adjourn at 8:10 PM; all voted aye, no nayes, motion carried.
D. Skog, Mayor
A.Nielson, City Clerk