Public Minutes

The roll was called indicating the following named Council Members present and absent.

Present: Brian Hanson, Barb Mittman, Dane Nealson, Jason Sampson, Steve Skaggs.

Absent: Sandy Ehrig. Staff Present: Erin Clanton, Jordan Cook, Kerin Wright, Larry Stevens, Erin Mousel, Ryan Hutton, Ray Reynolds, Josh Cizmadia

Also in attendance were: Karen Selby, Bill Sullivan, Derrick Black, Garrett Glass, Grant Terry, Kari Bell, Hannah Bell, Kevin Bell, Brent Metzger, Tammy Metzger, Dave Kroese, Steve Bruns, Brenda Dryer

Motion by Dane Nealson, seconded by Steve Skaggs, to approve the amended agenda with the removal of item 7A1. After due consideration and discussion the roll was called. Aye: Nealson, Skaggs, Hanson, Mittman, Sampson. Nay: None. The Mayor declared the motion carried.

They gave project details, will have the contractors set in the next couple weeks, are working on logistics and a timeline for the project; is set to be completed in a five-state area.

A. Proposed Amendment to the Development Agreement with Verbio Nevada, LLC

1. Public Hearing, Proposed Amended Development Agreement with Verbio Nevada, LLC

At 6:20 p.m. Mayor Barker announced that this is the time and place set for a public hearing as advertised in the Nevada Journal on July 28, 2022. The public hearing is regarding the proposed Amended Development Agreement with Verbio Nevada, LLC.

There were no written or oral objections to the aforementioned recommendation. Public hearing closed at 6:20 p.m.

2. Resolution No. 016 (2022/2023): Resolution Approving Amended Development Agreement with Verbio Nevada, LLC, Authorizing Tax Increment Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement.

Motion by Steve Skaggs, seconded by Jason Sampson, to adopt Resolution No. 016 (2022/2023). After due consideration and discussion the roll was called. Aye: Skaggs, Sampson, Hanson, Mittman, Nealson. Nay: None. The Mayor declared the motion carried.

B. Proposed Development Agreement with Verbio Nevada, LLC

1. Public Hearing on Proposed Development Agreement with Verbio Nevada, LLC

At 6:21 p.m. Mayor Barker announced that this is the time and place set for a public hearing as advertised in the Nevada Journal on July 28, 2022. The public hearing is regarding the proposed Development Agreement with Verbio Nevada, LLC.

There were no written or oral objections to the aforementioned recommendation. Public hearing closed at 6:21 p.m.

2. Resolution No. 017 (2022/2023): Resolution Approving Development Agreement with Verbio Nevada, LLC, Authorizing Annual Appropriation Tax Increment Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement

Motion by Barb Mittman, seconded by Dane Nealson, to adopt Resolution No. 017 (2022/2023). After due consideration and discussion the roll was called. Aye: Mittman, Nealson, Sampson, Skaggs, Hanson. Nay: None. The Mayor declared the motion carried.

C. Proposed Development Agreement with Nancy and Thomas Richards

1. Public Hearing on Proposed Development Agreement with Nancy and Thomas Richards

At 6:21 p.m. Mayor Barker announced that this is the time and place set for a public hearing as advertised in the Nevada Journal on July 28, 2022. The public hearing is to regarding the proposed Development Agreement with Nancy and Thomas Richards. 

There were no written or oral objections to the aforementioned recommendation. Public hearing closed at 6:22 p.m.

2. Resolution No. 018 (2022/2023): Resolution Approving Development Agreement with Nancy and Thomas Richards, Authorizing Annual Appropriation Tax Increment Payments and Pledging Certain Tax Increment Revenues to the Payment of the Agreement

Motion by Dane Nealson, seconded by Jason Sampson, to adopt Resolution No. 018 (2022/2023). After due consideration and discussion the roll was called. Aye: Nealson, Sampson, Skaggs, Hanson, Mittman. Nay: None. The Mayor declared the motion carried.

Motion by Brian Hanson, seconded by Barb Mittman, to approve the following consent agenda items:

A. Approve Minutes of the Regular Meeting held on July 25, 2022

B. Approve Payment of Cash Disbursements, including Check Numbers 78297-78375 and Electronic Numbers 1152-1156 (Inclusive) Totaling $376,014.96 (See attached list) and the First Interstate Purchasing Card for August Payment

C. Approve Class C Liquor License, Sunday Sales for Charles Schadt, d/b/a George’s Pizza, 1220 6th Street, Nevada, Iowa, Effective August 22, 2022

D. Receive Recommendation from Planning & Zoning Commission on Rezoning of 640 S. 19th Street and Set Public Hearing for August 22nd at 6:00 p.m. and Authorize Publication of Notice

After due consideration and discussion the roll was called. Aye: Hanson, Mittman, Nealson, Sampson, Skaggs. Nay: None. The Mayor declared the motion carried.

A. Discussion and Appropriate Follow up Regarding Dangerous Building, 536 4 th Street

It is the consensus of Council to have the City Attorney draft and send a notice to owner giving thirty days. 

B. Discussion and Appropriate Follow up on Request to Waive the Sewer Charge on 123 8 th Street

Motion by Barb Mittman, seconded by Jason Sampson, to direct staff to approve credit of sewer charge on account. After due consideration and discussion the roll was called. Aye: Mittman, Sampson, Skaggs, Hanson, Nealson. Nay: None. The Mayor declared the motion carried.

C. Ordinance No. 1023 (2022/2023): An Ordinance Amending the City Code of Nevada, Iowa, by adding Chapter 158, Property Maintenance and Residential Rental Code, second reading

Motion by Jason Sampson, seconded by Dane Nealson, to approve Ordinance No. 1023 (2022/2023), second reading. After due consideration and discussion the roll was called. Aye: Sampson, Nealson, Skaggs, Hanson, Mittman. Nay: None. The Mayor declared the motion carried.

D. Approve Pay Request No. 14 for WWTF Improvements-Phase 2 from Williams Brothers Construction Inc. (WBCI) in the amount of $1,242,962.03

Motion by Jason Sampson, seconded by Steve Skaggs, to approve Pay Request No. 14 for WWTF Improvements-Phase 2 from Williams Brothers Construction Inc. (WBCI) in the amount of $1,242,962.03. After due consideration and discussion the roll was called. Aye: Sampson, Skaggs, Hanson, Mittman, Nealson. Nay: None. The Mayor declared the motion carried.

E. Approve Pay Request No. 6 for WWTF Improvements-Phase 3 from Boomerang Corp. in the amount of $310,132.25

Motion by Dane Nealson, seconded by Jason Sampson, to approve Pay Request No. 6 for WWTF Improvements-Phase 3 from Boomerang Corp. in the amount of $310,132.25. After due consideration and discussion the roll was called. Aye: Nealson, Sampson, Skaggs, Hanson, Mittman. Nay: None. The Mayor declared the motion carried.

A. Resolution No. 019 (2022/2023): A Resolution to approve the 28E Agreement with the Nevada Rural Township Trustees

Motion by Brian Hanson, seconded by Jason Sampson, to adopt Resolution No. 019 (2022/2023). After due consideration and discussion the roll was called. Aye: Hanson, Sampson, Skaggs, Mittman, Nealson. Nay: None. The Mayor declared the motion carried. 

B. Approve Purchase of a Fire Extinguisher Training Prop for Fire Department

Motion by Barb Mittman, seconded by Jason Sampson, to approve option 1, approve purchase of Fire Extinguisher Training Prop for the Fire Department from Gravity Jack in the amount of $17,499. After due consideration and discussion the roll was called. Aye: Mittman, Sampson, Skaggs, Hanson, Nealson. Nay: None. The Mayor declared the motion carried.

C. Approve 5-Day Class “B” Beer (BB) (Includes Wine Coolers) Permit and Outdoor Service for Nevada Jaycees to host an Outdoor Service Area at Story County Fairgrounds at 220 H Avenue on Saturday, August 27, 2022 during Lincoln Highway Days

Motion by Dane Nealson, seconded by Jason Sampson, to approve 5-Day Class “B” Beer (BB) (Includes Wine Coolers) Permit and Outdoor Service for Nevada Jaycees to host an Outdoor Service Area at Story County Fairgrounds at 220 H Avenue on Saturday, August 27 th, 2022 during Lincoln Highway Days. After due consideration and discussion the roll was called. Aye: Nealson, Sampson, Skaggs, Hanson, Mittman. Nay: None. The Mayor declared the motion carried.

D. Approve Recommendation from Planning and Zoning Commission to Approve the Special Use Permit to Allow Residential Units to be Built on Limited Commercial Zoned Property

Motion by Brian Hanson, seconded by Barb Mittman, to approve Recommendation from Planning and Zoning Commission to Approve the Special Use Permit to Allow Residential Units to be Built on Limited Commercial Zoned Property. After due consideration and discussion the roll was called. Aye: Hanson, Mittman, Nealson, Sampson, Skaggs. Nay: None. The Mayor declared the motion carried.

E. Discussion and Appropriate Follow up Regarding an Ordinance for Golf Carts

Following council discussion, City Administrator Cook will make appropriate changes to the ordinance and bring it back to council.

F. Discussion and Appropriate Follow up Regarding an Ordinance for ATV/UTV

Dave Kroese and Brent Metzger expressed concern with the wording of the ordinance, specifically related to “prohibited streets”. Following council discussion, City Administrator Cook will make appropriate changes to the ordinance and bring it back to council. 

G. Discussion and Appropriate Follow up on WWTP Project and SRF Financing Review

Michael Maloney, with DA Davidson presented to the council via Zoom regarding the remaining financing for the WWTP as well as updating sewer user rates. 

H. Discussion and Appropriate Follow up of New Position of City Engineer

Motion by Steve Skaggs, seconded by Barb Mittman, to approve option 3, to do nothing at this time, while City Administrator Cook works to gather additional information. After due consideration and discussion the roll was called. Aye: Skaggs, Mittman, Nealson, Sampson, Hanson. Nay: None. The Mayor declared the motion carried. 

There being no further business to come before the meeting, motion by Dane Nealson, seconded by Jason Sampson, to adjourn the meeting. Following voice vote, the Mayor declared the motion carried at 8:10 p.m. the meeting adjourned.