City of Mechanicsville

REGULAR COUNCIL MEETING

October 8, 2007

 

The Mechanicsville City Council met in regular session on Monday, October 10, 2007 at City Hall. Mayor David L. Furry called the meeting to order at 7:00 p.m.  Council members present for roll call were Jeff Christianson, Larry Beck, Thomas Hall, and Bryan Lovell.  Pam Logue-Newcomb was absent.   Others present included Jim Barber, Sherie Paup, Rhett Taylor, Alan Zerbe, Daryl Biechler,  Doyle Pickering, Carla Barnhart, Chris Yancey, Diane Griffith, Gene Brown, Jessica Boots, Mike and Sally Filkins, Sandra Warren, Stacy Maschmann, John Deahl, Scott Bishop, Amy Miller, Joel Polhamus, Connie Knutsen, John Bemer, Jake Koch, Ryan Steinberg, Dan Paidar, Aaron Nebergall, Scott Kasik, Landon Cahill, Doug Cook, Marilyn Fitzgerald, Amy Heinen, Joe Smith, Nate Baker, Don Griffith, and Ron Baker.

 

Daryl Biechler, Biechler Electric addressed the council about his willingness to accept some of the responsibility for the chunk of concrete that ended up in the wet well and then lodged in pump #2.  He was prepared to offer $2,500 toward the $4,000 repair bill.  The council responded that the 1 year warranty on workmanship is to be provided to the city through Schroeder Construction and it is felt that the entire cost of the repair is to be warranted by Schroeder Construction.  The council thanked Daryl for stepping up to accept what he felt was his share, however, his offer needs to be directed to Schroeder Construction since he was hired by them as a sub contractor and Schroeder needs to take care of the warranty repair with the city.

 

OPPORTUNITY for any citizen present to discuss items not on the agenda:

Doyle Pickering informed the council that he had been circulating a petition and that he would be presenting it to the council during the public hearing on the First Street Improvements next month.

 

CONSENT AGENDA: Bryan Lovell motioned, Larry Beck seconded to approve the consent agenda with the addition of a request to approve the race route for the November 10 benefit, finance reports (with the exception that no treasurers report was available due to bank conversion and delay in printing statements), and claims. Roll call vote: Ayes:  Christianson, Beck, Hall, and Lovell.  Nays: None.  Absent:  Logue-Newcomb.  Motion carried.

 

The claims approved were as follows:

SHEPLEY SNYDER PHARMACY

MED SUPPLY

33.50

TIPTON MOTEL

HOUSING REHAB

95.00

WELLMARK

HEALTH INS

2,625.35

US POSTAL SERVICE

POSTAGE

696.60

SLEEP INN & SUITES

HOUSING REHAB

1,668.70

PAYROLL 9-30-07

WAGES

5,928.98

ASHLEY HIMES BENEFIT

MAC DONATION

100.00

US POSTAL SERVICE

POSTAGE

250.34

MVC SALES

MAC BANDS

625.00

ROYAL CHEMICAL

SAFETY SUP

398.76

AGVANTAGE FS INC.

VEH SUPPLY

911.03

AIRGAS, INC.

MED SUPPLY

224.40

ALLIANT ENERGY

UTILITIES

5,307.51

ALTORFER, INC.

MINOR EQUIP

124.35

ARAMARK UNIFORM SERVICE

CLOTH ALLOW

129.27

BUSINESS RADIO SALES

OP EQ REPA

133.00

CASEY'S GENERAL STORE

VEH SUPPLY

205.48

CEDAR CO. SOLID WASTE

FEES LANDFILL

948.00

FARM PLAN

MISC SUPPLY

10.83

HACH COMPANY

OP SUPPLY

163.85

HYGIENIC LABORATORY

PMTS TO AG

15.00

IA CODIFICATION, INC.

CODIFICATION

950.00

IA PRISON INDUSTRIES

SIGNS

52.85

IOWA WIRELESS

TELEPHONE

63.05

JIMS AUTO BODY

VEH REPAIR

462.52

JOHNSON COUNTY AMBULANCE

MUTUAL AID

150.00

JOHNSON CO REFUSE INC

RECYCLING

2,232.50

KEYSTONE LAB, INC

TEST FEES

315.20

MECHANICSVILLE TELE. CO.

TELEPHONE

308.77

MUNICIPAL PIPE TOOL CO

MINOR EQUIP

243.72

ODD JOBS INC-JERRY DAKE

BURIALS

1,125.00

QUILL CORPORATION

OFFICE SUP

532.61

STRACKBEINS, INC.

VEH REPAIR

75.43

THE TIPTON CONSERVATOR

PUBLICATIONS

166.16

WALMART

MISC SUPPLY

3.84

STEVEN MOEL

REFUND DEP

50.00

PAUL MCCOY

REFUND DEP

14.75

BENJAMIN A SCHEER

REFUND DEP

50.00

BRIDGE COMMUNITY BANK

TEEN READ

130.00

STEPHANIE ABRESCH

CAPITAL EQ

500.00

KELLY EBY

CONTINUE ED

213.36

STAPLES

SUPPLIES

13.72

ICE CUBE PRESS

BOOKS

14.96

AMAZON.COM

BOOKS

555.71

INTL REVENUE SERVICE

FICA/MC

3,814.43

TREAS, STATE OF IOWA

IA WITHHOLDING

1,784.00

I P E R S

IPERS

1,817.94

BRIDGE COMMUNITY BANK

MISC CONTRACT

19.00

PAYROLL 10-15-07

WAGES

6,004.51

 

 

Total Receipts and Disbursements for month of September by fund will be included next month, upon receipt of the treasurer’s report being reconciled with the bank statement.

 

 

DEPARTMENT REPORTS:

Ambulance Report: Sherie Paup reported a total of 14 calls with 11 being medical, 1 trauma, 1 standby and 1 transfer. Four were mutual aid calls with Stanwood and one with Clarence.  Sherie also questioned why the proceeds from the sale of the Ambulance were credited to the General Fund with the response being that according to GASB (Governmental Accounting Standards Board), the General Fund is the general operating fund to account for all financial resources except those required to be reported in another fund.  The proceeds are not required by law to be reported in any other fund therefore, they are required to be reported in the General Fund.   

 

Sherie requested permission for Lonni and Connie to attend the IEMSA Conference in Des Moines at a cost of $220 each plus motel at $95 per night for 3 nights and mileage on Nov 8 - 10.  Larry Beck motioned, Bryan Lovell seconded to approve the request.  Ayes all.  Motion carried.

 

FIRE DEPARTMENT REPORT:  Fire Chief Rhett Taylor reported doing ticket sales for the pancake breakfast; 6 calls in September with 1 being a mutual aid with Tipton, a trailer fire, a brush fire, 2 storm watch, and 1 car accident.

 

Taylor also inquired about the fire hydrants being flushed and reported that they attempted to caulk and repaired some things on where the roof was leaking.  He reported that the back parts of the apparatus room on the east side the shingles are beginning to deteriorate and curl. Other items brought up with no action being taken included the update on the fire truck contract, request for remaining budget to be transferred to the Fire Trust Fund, establishing a fee and billing for fire calls, and a request for the “jail money to be used for the fire truck”.

 

Police Report:  Police Chief Jim Barber presented the council with his written report of activity for the month which included 11 agency assists; 2 ambulance assists; 5 animal cases; 3 motorist assist; 1 building check and found unsecured; 11 citizen assist; 5- 911,  3 traffic stops with 1 citation and 2 warning.  In addition to 1 abatement filed, and 2 code violations for illegal parking and a skate board violation, 4 citations issued for illegal parking, speeding, livestock violation, and an electric fence violation. Barber was given permission to proceed with contacting the Union Pacific Railroad regarding trains making periodic stops and blocking both entrances to town and to request that they try to keep at least one entrance open for emergency vehicles.

 

Public Works Report: Zerbe reported that the solution for the floats getting tangled up is still being worked with the need to order a couple brackets; Andrew Larsen was down and reprogrammed the pumps at the lift station to accommodate the one that has been pulled for repairs; he also indicated that algae is becoming an issue in one of the ponds and he is researching on how to control.  Council member Beck also inquired if any additional information was available for replacing the garbage truck.

 

Administration Report: Coppess reported that city attorney Dendinger needs to follow up with the County Attorney regarding the ROW responsibilities in the school zone as well as review the requirements for the tax sale affidavit and report back.

 

Old Business:

Discussion and possible action on:

Follow up on sidewalk repairs:  Council reported that replacement sidewalks continue to be done.  Completing the inspections will be made a priority so that certified letters can be mailed to the property owners who have not yet completed them.

 

Set Nov. 12 as the date for public hearing on First Street Improvements.  Bryan motioned, Tom seconded to set Nov. 12 as the date for the public hearing on the proposed plans and specifications.  Ayes all.  Motion carried.  Council also established Friday, November 9 as the holiday for city employees due to Veterans Day being on Sunday.

 

Set November 12 as the date for public hearing for applying for housing rehab grant.  Bryan Lovell motioned and Larry Beck seconded to approve the date for the public hearing on the housing rehab grant application.  Ayes all.  Motion carried.

 

Burn ban ordinances:  Coppess provided council with several sample ordinances related to prohibiting burning.  Some were very restrictive and didn’t allow any burning while some allowed various types of burning such as the burning of leaves and tree trimmings during the Spring and the Fall, some allowed recreational fire pits, while some only restricted burn barrels.  In an attempt to narrow the scope of the discussion to something that would be beneficial to the whole community a committee will work on and come back with a recommendation at a future meeting.  Input will also be gathered from residents on the back of the water bill.

 

New Business:

DISCUSSION AND POSSIBLE ACTION ON:

Ordinance amending the provisions pertaining to No Parking Zones: 

Larry Beck motioned to approve the 2nd reading of the ordinance amending the provisions pertaining to No Parking Zone which added “No parking on East South Street on the south side from Walnut Street to the east end” and “No parking on 125th Street on both sides from Elm Street east to the city limits” to the current restrictions.  The motioned died for a lack of a second. 

 

A motion was made by Larry Beck, seconded by Jeff Christianson to approve the first reading Ordinances numbered 209-215 which were being updated as a result of the legislative changes affecting city code.  Ayes all.  Motion carried.

 

Ordinance 209 pertaining to All-Terrain Vehicles in addition to the definitions the General Regulation states that no person shall operate an ATV, off road motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in Violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.

 

Ordinance 210 pertaining to Disorderly Conduct in addition to the definitions the subsection that was modified and adopted in lieu of includes Disrespect of Flag.  Knowingly and publicly use the flag of the US in such a manner as to show disrespect for the flag as a symbol of the US with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault.

 

Ordinance 211 pertaining to Exercise of power covers action by council.  Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the Council.  Passage of a motion requires a majority vote of a quorum of the Council.  A resolution must be passed to spend public funds in excess of one hundred thousand dollars on  a public improvement project or to accept public improvements and facilities upon their completion.  Each Council member’s vote on a measure must be recorded.  A measure which fails to receive sufficient votes for passage shall be considered defeated.

 

Ordinance 212 pertaining to Cemetery Regulation covers the rules and regulations for the cemetery may be adopted and may be amended from time to time, by resolution of the Council and may cover such things as the use, care, control, management, restrictions and protection of the cemetery as necessary for the proper conduct of the business of the cemetery.  The rules shall specify the cemetery’s obligations in the event that interment spaces or memorials are damaged or defaced by acts of vandalism.  Any veteran, as defined in Section 35.1 of the Code of Iowa, or a resident of the State who served in the armed forces of the United States, completed a minimum aggregate of ninety days of active Federal service and was discharged under honorable conditions, who is a landowner or who lives within the City shall be allowed to purchase an interment space and to be interred within the cemetery.

 

Ordinance 213 pertaining to Dangerous animals which states no person shall own, keep or harbor a vicious animal within the City.

 

Ordinance 214 pertaining to Cigarettes and tobacco products includes the definition of tobacco products and Cigarette Permits.  It is unlawful for any person, other than a holder of a retail permit, to sell cigarettes at retail and no retailer shall distribute, sell or solicit the sale of any cigarettes within the City without a valid permit for each place of business.  The permit shall, at all times, be publicly displayed at the place of business so as to be easily seen by the public and the persons authorized to inspect the place of business.  The section on application was also modified to read:  A completed application on forms furnished by the State Department of Revenue or on forms made available or approved by the Department and accompanied by the required fee shall be filed with the Clerk.  Renewal applications shall be filed at least five (5) days prior to the last regular meeting of the Council in June.  If a renewal application is not timely filed, and a special Council meeting is called to act on the application, the cost of such special meeting shall be paid by the applicant.

 

Ordinance 215 pertaining to Amusement devices states it is unlawful for any person owning or leasing an electrical or mechanical amusement device, or an employee of a person owning or leasing an electrical or mechanical amusement device, to knowingly allow a person under the age of 21 to participate in the operation of an electrical or mechanical amusement device.

 

Bryan Lovell motioned, Larry Beck seconded, to waive the requirement for the second and third readings.  Ayes all.  Motion carried.

 

Larry Beck motioned, Bryan Lovell seconded to adopt ordinances 209-215.  Roll call vote: Ayes:  Larry Beck, Tom Hall, Jeff Christiansen, and Bryan Lovell.  Nays:  None.  Absent:  Pam Logue-Newcomb.  Ordinances declared adopted. 

 

Doyle Pickering requested implementing a process for sidewalks to be redone, when not completed to specifications.  Pickering gave two examples where residents did not follow the requirements as established in the code for installing their sidewalks and stated that they should be made to tear them out and redone.  Motion was made by Larry Beck, seconded by Bryan Lovell to add to the permit form a statement that the city must be contacted 2 days ahead of the cement being poured to inform them that they are ready for the forms to be inspected, the city can sign off and provide a copy to the homeowner or contractor.  If the home owner pours the cement without having the forms inspected, they agree to be required to redo to specifications if not done correctly.  If the city signs the form, and it is wrong the city may be responsible for correcting.  Ayes all.  Motion carried. 

 

Amy Miller made the city aware of her plans to submit documents creating a horizontal property regime as set forth in Chapter 499B of the Iowa Code at 201 ˝ E First Street.  The purpose of the request is to make the city aware of the proposed changes in the legal description which clarifies the title and clarifies the living quarters; this will allow for clear title to the upstairs without having a secondary mortgage attached.  At some future point the additional papers required by 499B will be submitted for approval.

 

Committee Reports:  Beck reported a drainage issue at a cross culvert along 125th Street which is attempting to drain 5 acres down through Sandberg’s instead of funneling to the ditch and running east to the creek. To resolve the issue the ditch on the north side needs to be cleaned out as well as some modifications on the south side that John Sandberg has indicated he is having JJJ Enterprises make.  Beck motioned, Lovell seconded to authorize JJJ Enterprises to make the necessary adjustments on the north side at a cost not to exceed $3500.   Ayes all.  Motion carried.

 

Housing Rehab:  Coppess reported that ECIA is preparing the grant application and is asking about the target area which consideration is being given to set it as south of Fourth Street, North of South Street and perhaps West of Elm Street.  The council would also like to provide for up to $10,000 in matching funds similar to the previous application.  Persons that may be interested in applying for the funds should contact city hall and provide their name and address for the pre-application process.

 

Correspondence was received from the Iowa Department of Transportation Federal Grade Crossing Improvement, Brownfield Funding Announced, E&N Specialties, Iowa Living Roadways invitation to participate, Cedar County Economic Development withdrawn from Prosperity Eastern Iowa, Eastern Iowa Regional Housing Authority Rental Assistance Information, Region 10 SAFETEA-LU Funding Application Forms, and USDA Rural Development.

 

Mayors Comments: Mayor Furry proclaimed November 10, 2007 as Ashley Himes day in Mechanicsville.  He also requested council to approve the proposed route for the 5K walk/run which Lovell motioned, Hall seconded to approve.  The route will go north on John Street from the Memorial Building, take a left on Kohlhase, take a right on Madison, a right on Reeder and then a left on X-40, go out to about Jimmy Miller’s and then turn around and come back the same route.  Ayes all.  Motion carried.

 

Set next regular meeting date:  11-12-07 at 7:00 p.m.

 

ADJOURN:  There being no further business to come before the Council at this time, council member Lovell motioned, Christianson seconded, to adjourn the meeting at 9:40 p.m. Ayes all.  Meeting adjourned.

 

ATTEST:

 

____________________________                     _______________________________

Linda K. Coppess, CMC                                         David L. Furry, Mayor

City Clerk/Finance Officer