ATKINS COUNCIL UPDATE: May 9, April 25, April 11,2023

CITY OF ATKINS IOWA 
City Council Meeting Minutes 
Tuesday, May 9, 2023, at 6:30 p.m. 

Mayor Bruce Visser called the meeting to order at 6:31 p.m. Present were Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Also present were Groskurth, Doug Herman – City Attorney and various members of the public. 

Bell moved to approve agenda by removing items #6 – the 1st reading of ordinance No. 228 and 11c – Resolution approving FEMA award for Atkins project #157526 Fire Station and move item #16 – for items not on agenda up to after item #3 – consent agenda and take item #15 – Mayor’s, Public Works, and Administrator’s reports up to prior to item #13 – evaluation process. Mayor Visser informed order of business is at the discretion of the chair. Discussion occurred. 

Bell amended motion to approve agenda by removing item #6 – the 1st reading of Ordinance No. 228 and 11c – Resolution approving FEMA award for Atkins project #157526 Fire Station. Steffen seconded. Ayes: Bell, Petersen, Steffen, DeMeulenaere. Nays: Koehn. Motion carried. 

Koehn moved to approve the Consent Agenda items. Petersen seconded. Ayes: DeMeulenaere, Koehn, Petersen, and Steffen. Nays: Bell. Motion carried. Consent Agenda included the Minutes of April 25, 2023, Renewal of The Depot Cigarette Permit, and list of bills as follows:

GIS BENEFITS DISABILITY COVERAGE 119.84 
EFTPS FED/FICA TAX 3,751.18 
IPERS IPERS REGULAR 2,522.21 
DAKOTA SUPPLY GROUP SUPPLIES 1,405.29 
IRON MOUNTAIN INCORPORATED SHREDDING SERVICE 85.58 
USPS – POSTMASTER POSTAGE 293.28 
ACCESS SYSTEMS SERVER PROJECT 9,990.82 
ACME TOOLS SUPPLIES 200.97 
ALLIANT ENERGY UTILITYIES 9,040.01 
ALTORFER INC. LEASE AND SUPPLIES 3,768.85 
ATKINS LUMBER CO. INC. SUPPLIES 202.92 
ATKINS TELEPHONE CO..INC. TELEPHONE 85.95 
BADGER METER ORION CELLULAR 23.25 
CHEM-SULT, INC. CHEMICALS 3,313.79 
CRAWFORD QUARRY ROCK FOR ROADS/PARK 300.51 
D P PROPERTIES CLEANING 420.00 
GAZETTE COMMUNICATIONS, Inc. PUBLICATIONS 496.23 
HOLIDAY INN AIRPORT HOTEL – TRAINING 235.72 
IOWA STATE UNIVERSITY TRAINING 528.00 
IRON MOUNTAIN INCORPORATED SHREDDING SERVICE 260.48 
M & D MINI STORAGE Derecho – costs 65.00 
MIDAMERICAN ENERGY UTILITIES 86.45 
P & K MIDWEST SUPPLIES 1,860.76 
SNYDER & ASSOCIATES ENGINEERING 3,362.84 
STATE CHEMICAL SOLUTIONS CLEANING SUPPLIES 255.02 
THE DEPOT EXPRESS FUEL 546.61 
U S CELLULAR CELL PHONES 241.96 
WASTE MANAGEMENT GARBAGE COLLECTION 15,780.17 
WENDLING QUARRIES, INC BALL DIAMOND LIME 4,101.78 
Accounts Payable Total 63,345.47 
Payroll Checks 11,306.79 
***** REPORT TOTAL ***** 74,652.26 
GENERAL 46,304.56 
ROAD USE TAX 9,631.94 
FEMA 65.00 
WATER 12,187.55 
SEWER 6,463.21 
TOTAL FUNDS 74,652.26 

Budget Amendment – Fiscal Year Ending 2023 (FYE 23) Public Hearing began at 6:51 p.m. There being no comments for or against the public hearing ended at 6:53 p.m. Mayor Visser called for written statements received. Groskurth informed no written comments for or against have been received. Koehn moved to approve Resolution 2023-05-01 a resolution adopting FYE 2023 Budget Amendment. Petersen seconded. Ayes: Koehn, and Petersen. Nays: Bell, DeMeulenaere, Steffen. Motion failed. 

Steffen moved to approve the 1st Reading of Ordinance No. 228 Amending the Code of Ordinance of the City of Atkins, Iowa, 2005, by amending the provisions pertaining to Solid Waste Service Charges. Bell seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Koehn moved to approve Resolution 2023-05-02 approving the 2023 Street Maintenance Plan in an amount not to exceed $75,000.00. Bell seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

UTV Operation: Discussion regarding if city should allow UTV operation on city streets. Discussed ways to hear from citizens. Noise concerns. Review examples. Groskurth asked the council what streets they would like to consider allowing UTV’s. 

Steffen moved to approve Resolution 2023-05-03 Approving Attorney Fee Contract Agreement for necessary legal tax services between Lynch Dallas PC and the City of Atkins. DeMeulenaere seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Mayor Visser informed Council of the City’s opportunity to enter a lease with the County Conservation Area after County Conservation has made area safe. Area is popular with citizens. Council discussed. 

Mayor gave Fire Station update asking council to set workshop date to review 60% design of Fire Station and with financial advisor. The council informed Mayor they will not set a date for fire station workshop until workshop discussing council procedures is held. The following special meetings were tentatively set depending on availability of presenters: May 22, 2023, Council procedures special meeting at 6:00 p.m. and May 24, 2023, Fire station Architect design – finance advisor 6:00 p.m. 

Steffen moved to approve Resolution 2023-05-05 approving letter of engagement with the Office of Auditor of State to provide the Fiscal Year Ending 2022 Audit. Koehn seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

The attorney informed council the evaluation process is important and a process that provides discussion. Legal team recommends process not be held in open session. The request of closed session is up to the employee. Mayor Visser advised the city to proceed with evaluation as legal has recommendation. 

Mayor Visser several members of the public requested time to speak regarding the notice of non-renewal of the city administrator’s contract. Speakers included Wes Howard, Dave Vanous, Mike Palumbo, Jeff Ralston, Todd Richardson, and Jeremy Chihak. Speakers generally spoke favorably towards renewing the administrator’s contract and encouraged council to complete the evaluation process. 

Attorney advised administrator’s contract provides if contract will not be renewed under same provisions, a 90-day notice needs to be given to administrator. Absent a 90-day notice, the contract automatically renews. The council can wait until July to finish evaluation processes and make decisions. 

Koehn moved to table resolution 2023-05-06 to give City Administrator notice of non-renewal of contract pursuant to City Administrator Agreement. Peterson seconded. Discussion. Ayes: Koehn, Petersen. Nays: Bell, DeMeulenaere, and Steffen. Motion Failed. 

Bell moved to approve Resolution 2023-05-06 giving City Administrator notice of non-renewal of contract pursuant to City Administrator Agreement by amending resolution adding City Administrator to be placed on leave effective immediately for the rest of contract and to pay through contract date as stated by Attorney in resolution. Attorney informed council motion is appropriate if the council understands motion significantly changes original resolution. Peterson stated, “this is totally irresponsible, who is going to do the work!” Motion died due to lack of a 2nd. 

Steffen moved to approve Resolution 2023-05-06 to giving City Administrator notice of non-renewal of contract pursuant to agreement. DeMeulenaere seconded. 

Groskurth stated, “It appears several council members are taking action against me due to my involvement with the state audit, the council person censure, the IPIB complaint, and the ombudsman complaint. These actions are retaliation against me for following the law, so I would ask the elected officials to stop defaming me and stop punishing me for doing my job.” 

Ayes: Bell, Steffen, and DeMeulenaere. Nays: Petersen, and Koehn. Motion carried. 

Mayor Visser often city council is not aware of all the activities that take place to operate the city. There is always a balance between the needs of the city and council member’s agenda. It’s a balancing act for staff and myself to prioritize the citizens’ needs and the council agenda. 

Mayor Visser informed council as he has Veto power over the resolution, and he will be vetoing Resolution 2023-05-05. 

Mayor Report: Putting together an agenda and its packet takes time. Two items on this agenda  took an inordinate amount of time. Our staff works hard doing what they love. They are the  reason we have water today, due to their efforts through the night. FYE 2022 Audit is under  way. Will be attending a Mandatory Fraud Prevention Course: May 17 -18 in Des Moines.  Currently we are working on audits both current and past. We enjoy visiting with people when  they come into the city and a have a lot of exciting potentials happening. 

Public input: Several citizens spoke regarding various topics. Topics included need for citizens  to pick up litter, like the direction city is heading its impoved, thanked staff for what they do. 

The Next Regular Council Meeting to be held Tuesday, May 23, 2023, at 6:30 p.m. City Hall/Library 480 3rd Avenue, Council Room. 

Koehn moved to adjourn. DeMeulenaere seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. 

Adjournment Time 9:00 p.m. 

Kelly Groskurth, City Administrator/City Clerk

Bruce Visser, Mayor 

CITY OF ATKINS IOWA 
City Council Meeting Regular Session 
Tuesday, April 25, 2023, at 6:30 p.m. 

Mayor Bruce Visser called the meeting to order at 6:31 p.m. Present were Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Also present were City Engineer – Nick Eisenbacher with Snyder and Associates, Eric Martin – City Attorney, Groskurth, and various members of the public. 

Steffen moved to approve the agenda. Petersen seconded. 

Bell moved to amend motion to remove item #9a Acknowledging receipt of Administrator’s FYE 24 Budget Recommendation. Seconded by DeMeulenaere. Ayes: Steffen, Bell, DeMeulenaere. Nay: Petersen and Koehn. Motion carried. 

Bell moved to further amend motion to remove item #4a. Resolution 2023-04-06 approving  payment for Auditing Services of the Auditor of State for Fiscal Year Ending 2020 Annual Exam, Fiscal Year 2021 Annual Exam, and Special Report. Bell Rescinded motion. No action taken. 

Original motion approved as amended by removing item #9a acknowledging receipt of Administrator’s FYE 24 Budget Recommendation. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Steffen moved to approve Consent Agenda. Petersen seconded. Discussion. 

Bell moved to amend motion to remove bill listing from consent agenda and be voted on separately. Motion died due to lack of second. 

Original Motion remains as is. Ayes: DeMeulenaere, Koehn, Petersen, and Steffen. Nays: Bell. Motion carried.

Consent agenda was as follows: Council Minutes of March 21, March 28, April 6, and April 11, 2023, Engineer report, list of bills as follows:

Bill List: April 25, 2023
EFTPS TAXES 3,388.76 
UMB BANK NA BOND FEES 600.00 
ACCESS SYSTEMS MANAGED SERVICES 786.24 
ACCESS SYSTEMS LEASING COPIERS 806.94 
AETNA Behavioral Health, LLC EMPLOY ASST PROG 17.52 
ALTORFER INC. RENTAL/ EQUIP LEASE 4523.39 
AMY BREESE REIMBURESMENT 367.49 
ATKINS AUTO REPAIR REPAIRS 167.95 
ATKINS TELEPHONE CO..INC. TELEPHONE R 69.78 
BAKER & TAYLOR BOOKS 77.43 
BENTON COUNTY SOLID WASTE COMM LANDFILL 15,209.52 
BROAD REACH BOOKS 102.94 
D P PROPERTIES CLEANING 508.00 
DUBALL, PAMELA REIMBURESMENT 103.49 
ECICOG ADMIN FS 562.50 
GAZETTE COMMUNICATIONS, Inc. MINUTES 17.25 
HAVLIK ENGINEERING VEHICLE REPAIRS 232.05 
JOHN DEERE FINANCIAL SUPPLIES 33.73 
KINGERY MANUFACTURING SER SHOP REPAIRS 2,238.20 
Accounts Payable Total 62,499.84 
Payroll Checks 13,676.27 
***** REPORT TOTAL ***** 76,176.11 
GENERAL 63,405.60 
ROAD USE TAX 3,801.72 
DEBT SERVICE 600 
FEMA 562.5 
WATER 2,515.78 
SEWER 5,290.51 
TOTAL FUNDS 76,176.11 
Bill List: April 11, 2023 
EFTPS FED/FICA TAX 3,534.38 
IPERS IPERS REGULAR 7,347.07 
TREASURER STATE OF IOWA STATE TAXES 3,820.26 
USPS – POSTMASTER POSTAGE FOR MAR 23 BILLS 294.24 
DOORS INC WTP DOOR 1,705.00 
ALLIANT ENERGY UTILITY 9,435.50 
ALTORFER INC. EXCAVATOR SUPPLIES 3,448.29 
ANDES, KIRA RENTAL REFUND 06.17.23 55.00 
ATKINS LUMBER CO. INC. SUPPLIES 274.01 
ATKINS TELEPHONE CO..INC. TELEPHONE 534.18 
BADGER METER ORION CELLULAR 23.25 
DAKOTA SUPPLY GROUP SUPPLIES 1,405.29 
CATERPILLAR FINANCIAL SER LEASE FOR EXCAVATOR 3,079.76 
Cardmember Service MAR TRANSACTIONS 331.18 
CHEM-SULT, INC. CHEMICALS 3,910.08 
CRAWFORD QUARRY ROCK ON ROAD TO SEWER PLANT 526.10 
D P PROPERTIES CLEANING PARKS – MAR 23 260.00 
G & H ELECTRIC DAMAGED CABINET FIRE 7,154.19 
GAZETTE COMMUNICATIONS, Inc. MINUTES 3/14 136.64 
ION ENVIRONMENTAL SOLUTIO LABS 1,271.00 
IRON MOUNTAIN INCORPORATED 2/22/23-3/28/23 85.58 
L. B. ANDERSON AGENCY CYBER & PRIVACY LIABILITY 170.00 
M & D MINI STORAGE Derecho – costs 65.00 
MARTIN EQUIPMENT REAR AXLE REPAIR 20,899.68 
MENARD’S SUPPLIES 3.99 
MIDAMERICAN ENERGY UTILITY EXP 838.06 
USPS – POSTMASTER ANNUAL PO BOX FEE 80.00 
POWESHIEK WATER ASSOICATION UTILITY EXP 240.10 
STATE CHEMICAL SOLUTIONS WWTP SUPPLIES 766.88 
THE DEPOT EXPRESS FUEL-MARCH 2023 899.15 
U S CELLULAR CELL PHONES 549.39 
WASTE MANAGEMENT GARBAGE COLLECTION 20,263.21 
Accounts Payable Total 93,406.46 
Payroll Checks 10,731.78 
***** REPORT TOTAL ***** 104,138.24 
GENERAL 40,186.24 
ROAD USE TAX 27,691.22 
FEMA 116.84 
WATER 17,488.30 
SEWER 18,655.64 
TOTAL FUNDS 104,138.24 

Koehn moved to approve Resolution 2023-04-06 Approving payment for Auditing Services of the Auditor of State for Fiscal Year Ending 2020 Annual Exam, Fiscal Year 2021 Annual Exam, and Special Report. Petersen seconded. 

Bell moved to amend motion to remove Special Report billing from resolution. Discussion. Motion died due to a lack of a second. 

Original Motion remains as is. Ayes: DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. Nays: Bell. Motion carried. 

Steffen moved to approve Resolution 2023-04-02 Authorizing Mayor to into an agreement with Iowa Economic Development Authority Community Development Block Grant Disaster Recovery (CDBG_DR) Program. Bell seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Petersen moved to Acknowledge Receipt of Environmental Review Requirements for the CDBG_DR Grant. Steffen seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Steffen moved to Acknowledge Receipt of Developer’s Requirements of Green Streets Best 

Practices and Common Failures document. DeMeulenaere seconded. Ayes: Bell, 

DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Steffen moved to approve Resolution 2023-04-03 awarding contract to Ken-Way to provide Sanitary and Storm Sewer Services for Cleaning, Root Cutting, Video Camera, and Root Treatment Work. Petersen seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Steffen moved to approve Resolution 2023-04-04 awarding contract to Viking LLC. To provide water tower maintenance in the amount of $76,660.00. Bell seconded. Ayes: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Koehn moved to approve Resolution 2023-04-05 setting a public date for FYE 2023 Budget Amendment to be May 9, 2023. Petersen seconded. Aye: Bell, DeMeulenaere, Koehn, Petersen, and Steffen. Motion carried. 

Budget – Fiscal Year Ending 2024 (FYE 24): 

Mayor Visser’s Statement prior to public hearing: Before I open the P.H., I wanted to address a Facebook post that has been brought to my attention, where Councilperson DeMeulenaere indicated that the budget was done. I have spoken with Julie, and her message was intended to communicate that the Council had reached the point where a proposed budget for publication and consideration at this Public Hearing was agreed to. To be clear, the budget is currently proposed, not approved, and it will not be approved until after the public hearing. Any changes to the published/posted budget could not increase the tax rate as published but only decrease it. The public hearing date of April 25, 2023 was set by council resolution on March 28, 2023. 

Public Hearing opened at 7:30. Citizen voiced concern his taxes have gone up $700, revenues of $2M – comes out of my pocket. Citizen showed concern with cutting revenues when costs continue to go up. Mayor Visser asked if the City had received written statements for or against FYE 2024 budget. Groskurth stated no written statements for or against have been received regarding the FYE 2024 Budget. DeMeulenaere stated she had received emails regarding budget. Martin stated written comments needed to be submitted to city hall. Public Hearing closed. Time 7:35. 

Koehn moved to approve Resolution 2023-04-07 Adopting budget for fiscal year beginning July 1, 2023 – ending June 30, 2024 (FYE 24) for the City of Atkins, Iowa. Petersen seconded. Discussion. Ayes: Petersen, and Koehn. Nays: Bell, DeMeulenaere, and Steffen. Motion failed. 

Steffen moved to approve Resolution 2023-04-07 Adopting budget for fiscal year 2024 as stated during April 6, 2023, budget workshop by reducing tax revenue by $173,000 and continue to work to reduce expenditures in same amount. Bell seconded. Ayes: Bell, DeMeulenaere, Steffen, and Petersen. Motion carried. Nays: Koehn. 

Fire Station Update: Visser informed architect will meet with Fire Department on May 1, 2023. Mayor informed the council to send available dates for workshops with the Architect and Financial Advisor. 

Council Procedures – Schedule Workshop: Workshop date May 10, 2023, at 6 p.m. 

Mayor’s report: Continue to work with Fema regarding Fire Station, and Tree removal. 

Public Works: Preparing for sewer cleaning and water tower project to begin. Ball diamond work is completed. Public works is preparing 2023 road maintenance. Water plant upgrades – parts continue to come in. 

Administrator’s report: Mayor, City Staff, Engineer, ECICOG, worked with developers, Iowa Department of Economic Development, contractors and vendors to keep the $620K grant, quotes received for sewer cleaning, and water tower repairs, assure vendors payments would be made, and to determine which bills could be sent out. The FYE 2022 Audit has started.  Working with several potential economic development opportunities. 

Public Input: Citizen asked if UTV’s are allowed in Atkins. Citizen asked when city plans to  break ground on fire station. 

The next regular council meeting to be held Tuesday, May 9, 2023, at 6:30 p.m. City  Hall/Library 480 3rd Avenue, Council Room. 

Steffen moved to adjourn. DeMeulenaere seconded. Ayes: Bell, DeMeulenaere, Koehn,  Petersen, and Steffen. Motion carried. 

Meeting adjourned at 8:18 p.m. 

Kelly Groskurth, City Administrator/City Clerk

Bruce Visser, Mayor 

CITY OF ATKINS IOWA 
City Council Minutes Regular Session 
Tuesday, April 11, 2023, at 6:30 p.m. 

Mayor Visser called the meeting to order at 6:32 p.m. Present: Bell, DeMeulenaere, Koehn, and Steffen. Petersen was absent. Also present were City Attorney – Eric Martin, City Engineer – Nick Eisenbacher, Groskurth, and various members of the public. 

Koehn moved to approve the agenda. Motion failed due to a lack of a second. 

Mayor called for adjournment due to approval of agenda failed. Koehn moved to adjourn. Bell seconded. All ayes – motion carried. 

Meeting adjourned at 6:34 p.m. 

Kelly Groskurth, City Administrator/City Clerk

Bruce Visser, Mayor 

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