City of Mechanicsville

REGULAR COUNCIL MEETING

September 14, 2009

 

The Mechanicsville City Council met in regular session on Monday, September 14, 2009 at the Memorial Building.  Mayor David L. Furry called the meeting to order at 7:00 p.m.  Council members present for roll call were Larry Beck, Carla Barnhart, Gene Brown, Bryan Lovell, and Jeff Christianson.  Others present included Jim Barber, Alan Zerbe, Tom Albaugh, Lonni Koch, Sherie Paup, Rob Davis, Jane Pate, Ament, Inc.; Gene Knutsen, Ron Baker, Joe Smith, and Boyd Stine.

 

Receive visitors/public comment:  Rob Davis inquired as to where the city is at on repairing the existing sidewalks.

 

Ron Baker provided a spreadsheet to the mayor and council on the proceeds that the volunteers received from the dance that they had in April, 2008 and another showing items that were purchased with the funds.

 

Ron addressed the council regarding the use of fire truck 168 and the ambulance at his house for the volunteer’s summer party.  Mayor and council questioned whether a fireworks permit was attained, adequate liability insurance in place, and the perception of using public property for a private event.

 

CONSENT AGENDA: Bryan Lovell motioned, Larry Beck seconded to approve all items under the consent agenda including the agenda, finance reports, claims, and minutes from 8/11/09. Roll call vote: Ayes:  Beck, Brown, Barnhart, Lovell, and Christianson. Nays: None.  Motion carried.

 

The claims approved were as follows:

BRIDGE COMMUNITY BANK

OTHER CONTRACTUAL

$21.20

US POST OFFICE

POSTAGE/SHIPPING

$134.12

ACCO

CHEMICALS

$1,190.20

AGVANTAGE FS INC

VEHICLE OPERATIONS

$944.48

ALLIANT ENERGY

ELECTRIC/GAS EXPENSE

$6,394.20

AMAZON.COM

LIBRARY MATERIALS

$722.93

ARAMARK UNIFORM SERVICE

ALLOWANCES – UNIFORMS

$153.59

BARNES & NOBLE

LIBRARY MATERIALS

$156.49

CASEYS GENERAL STORE

VEHICLE OPERATIONS

$64.63

CEDAR COUNTY SOLID WASTE

PAYMENTS TO OTHER

$1,032.00

CITY OF STANWOOD

GOUNDS MAINTENANCE

$35.00

ELLIOTT EQUIPMENT

VEHICLE REPAIR

$661.64

FARM PLAN

BLDG MAINT & REPAIR

$5.98

IOWA CODIFICATION, INC

OTHER PROF SERV EXP

$1,100.00

IOWA DEPARTMENT OF NATURAL

OTHER PROF SERV EXP

$135.00

IOWA DEPARTMENT OF

VEHICLE REPAIR

$1,328.30

IWIRELESS

TELECOMMUNICATIONS

$130.28

JAKE KOCH

CUSTOMER DEPOSITS

$167.00

JIMS AUTO BODY

VEHICLE REPAIR

$96.25

JJJ ENTERPRISES, INC

STREET MAINT EXP

$800.00

JOHNSON COUNTY REFUSE INC

OTHER PROF SERV EXP

$2,937.50

KELLERS HOME FURNISHINGS

BLDG MAINT & REPAIR

$1,620.00

KEYSTONE LABORATORIES, INC

OTHER PROF SERV EXP

$588.10

KOCHS PAINT & LUMBER

BLDG MAINT & REPAIR

$162.53

KUNDE OUTDOOR EQUIPMENT

VEHICLE OPERATIONS

$53.14

LE DENDINGER

LEGAL EXPENSE

$138.38

LISBON-MT VERNON AMBULANCE

OTHER PROF SERV EXP

$75.00

MECHANICSVILLE TELEPHONE CO

TELECOMMUNICATIONS

$321.06

QUILL

OFFICE SUPPLIES

$71.80

RADAR ROAD TEC

OPERATIONAL EQUIP

$35.00

SANDRY FIRE SUPPLY LLC

ALLOWANCES - UNIFORMS

$21.00

SHEPLEY PHARMACY

OPERATING SUPPLIES

$90.84

TIPTON CONSERVATIVE &

PRINTING & PUBLISHING

$510.76

TRIPLE T ENTERPRISES INC

OFFICE SUPPLIES

$137.25

WALMART

OPERATING SUPPLIES

$4.98

WELLMARK BC BS

GROUP INSURANCE

$3,261.40

ZOLL MEDICAL CORPORATION

OTHER CAPITAL EQUIP

$14,773.00

PAYROLL

WAGES

$13,441.56

 

 

 

Total Receipts and Disbursements for month of August by fund

Fund

Receipts

Disbursements

General

2,692.26

17,590.64

Road Use Tax

8,762.99

75,907.53

Employee Benefit

 

1,497.18

Special Revenue LOST

5,580.38

 

Library Expendable Trust

3.93

 

Ambulance Trust

4,744.78

331.02

Fire Trust

.41

 

Water Utility

8,040.67

17,245.39

Sewer Utility

5,237.61

3,341.54

Solid Waste

7,522.76

4,459.09

Water Sinking Fund

 

-12,000.00

Agency-Water

-50.00

 

 

 

REPORTS:

Ambulance Report: Sherie Paup presented the ambulance report which included 14 medical calls and 5 traumas, with 1 refusal; 1 tier with A-4 and 1 tier A-5, 2 Mutual aid A-51, standby at house fire, and 2 calls to Stanwood for a total of 15 calls.  Ryan Steinberg resigned. Doug Wolf joined ambulance as EMT-B.  Zoll auto pulse arrived and memorial money was used to purchase GPS for A-3.  Paup also reported that the garage door in the west bay was having difficulty opening.

 

Fire Department Report: Lonni Koch reported 6 calls for the month; which included storm watch, mutual aid to Stanwood for house fire, search for missing person, house fire in Mechanicsville, and lift assistance for ambulance.  Koch also questioned council on the recently adopted Drug and Alcohol Policy.  Fireman’s Breakfast will be October 11.

 

Police Report:  Police Chief Jim Barber provided a summary of the calls for the month which included 1 accident; 14 agency assists; 2 ambulance assists; 3 animal cases; 1 arrest; 3 assist motorists, 1 burglary, 10 citizen assist, 1 criminal mischief; 2 harassment; 7 - 911; 2 theft; 10 traffic stops, 10 warnings, and 11 code violations for animal vaccinations, curfew, loud music. 

 

Public Works Report: Alan Zerbe reported fall clean up will be set for October 6 with a restriction that no construction waste or carpeting will be picked up this year.  He also requested that the cemetery clean up be moved to October 5.  The dump truck arrived and some work needs to be done on the hydraulics.  The Fire hydrant at the old school has been shut off for repair and 4 trees have been identified as being dead and will be removed.  Vacation was approved for Albaugh Oct 28-30 and for Zerbe September 28-Oct 2 with a motion by Larry Beck and second by Jeff Christianson.  Ayes all.  Motion carried.

 

Administration Report:  Coppess reported on an issue with trying to schedule the cleaning of the Memorial Building and people with access to keys just going in and using the building to play cards.  Liability issues arise with wet floors and non cleaning personnel using the building.  Motion was made by Gene Brown, seconded by Carla Barnhart to put up a sign indicating that the building is closed on Wednesday’s from 3:30 – 6:30 p.m. to allow for the cleaning to be done without interruption.  If reservations are made with rent being paid, the cleaning may be rescheduled.

 

Old Business:

North Cedar Route to Learning Draft agreement with proposed scope of service, fee schedule, etc.  Upon due consideration and review of the agreement, Bryan Lovell motioned, Jeff Christianson seconded to authorize the mayor to sign the contract with Ament, Inc.  Ayes all.  Motion carried.

 

Replacing 1998 pickup & plow:  Zerbe provided a spec sheet for the replacement vehicle.  Bryan Lovell motioned, Larry Beck seconded to approve sending on the sheet for bids.  Ayes all.  Motion carried.

 

Mower replacement:  2 proposals were received with one being a gas and the other being a diesel model.  Zerbe was directed to re-contact to get proposal on diesel model in order to compare.

 

Replacing door(s) at west entrance of Memorial Building:  Mayor Furry provided information that he had received from one contractor suggesting that 42” doors could be installed and box in the top.  Council directed that a notice be published and registered contractors be notified.

 

Sidewalks:  Determined that with cold weather approaching, it would be best to take up the matter in the spring.

 

Sale of Truck(s):  Gene Brown motioned, Larry Beck seconded to publish a notice for sealed bids to be taken on the fire truck, dump truck, and old garbage truck.  Ayes all.  Motion carried.

 

New Business:

DISCUSSION AND POSSIBLE ACTION ON:

Legislative Changes from Iowa Codification: 

A motion was made by Larry Beck and seconded by Gene Brown to approve the first reading of Ordinances 224-232.  Ayes all.  Motion carried.

 

Ordinance 224 on Standard Penalty:   Unless another penalty is expressly provided by this Code of Ordinances for violation of any particular provision, section, or chapter, any person failing to perform a duty required by this Code of Ordinances or otherwise violating any provision of this Code of Ordinances or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least sixty-five dollars ($65.00) but not to exceed six hundred twenty-five dollars.  The court may order imprisonment not to exceed thirty (30) days in lieu of a fine or in addition to a fine.

 

Ordinance 225 pertaining to municipal infractions:  Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.  A copy of the citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311.  A copy of the citation shall be retained by the issuing officer, and the original citation shall be sent to the Clerk of the District Court.  The citation shall serve as notification that a civil offense has been committed and shall contain the following information: name & address of defendant, name or description of the infraction; location and time of the infraction; amount of civil penalty to be assessed or the alternative relief sought, or both, the manner, location and time in which the penalty may be paid; the time and place of court appearance; and the penalty for failure to appear in court.

 

Ordinance 226 pertaining to parking violations-alternate: Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk.  The simple notice of a fine shall be in the amount of twenty-five dollars for snow route parking violations and ten dollars for all other violations except improper use of a person with disabilities parking permit.  If such fine is not paid within thirty days, it shall be increased by five dollars.  The simple notice of a fine for improper use of a person with disabilities parking permit is one hundred dollars.

 

Ordinance 227 pertaining to hazardous substance clean up costs:  The responsible person shall be strictly liable to the City for all of the following:  The reasonable cleanup costs incurred by the City or the agents of the City as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition.  The reasonable costs incurred by the City or the agents of the City to evacuate people from the area threatened by a hazardous condition caused by the person.  The reasonable damages to the City for the injury to, destruction of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.  The excessive and extraordinary cost incurred by the City or the agents of the City in responding at and to the scene of a hazardous condition caused by that person.

 

Ordinance 228 pertaining to abandoned vehicles:  Sections 80.02 and 80.03 are repealed and the following adopted in lieu thereof:  Authority to take possession of abandoned vehicles:  A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property.  The police authority may employ its own personnel, equipment, and facilities or hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.  A property owner or other person in control of private property may employ a private entity which is a garage keeper (any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles) to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority’s initiative.  If a policy authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lien holders of record, and any other known claimant to the vehicle or the personal property found in the vehicle.

 

80.03 Notice by Mail.  The police authority or private entity that takes into custody an abandoned vehicle shall notify, within twenty days, by certified mail, the last known registered owner of the vehicle, all lien holders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties’ last known addresses of record, that the abandoned vehicle has been taken into custody.  Notice shall be deemed given when mailed.  The notice shall describe the year, make, model and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice.  The notice shall also state that the failure of the owner, lien holders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lien holders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at the public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction.  If the abandoned vehicle was teken into custody by a private entity without a police authority’s initiative, the notice shall state that the private entity may claim a garage keeper’s lien as described in Section 321.90 of the Code of Iowa, and may proceed to sell or dispose of the vehicle.  If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters.  If the person receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming period, the owner, lien holders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property.  A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lien holders or claimants after the expiration of the ten-day reclaiming period.

 

Ordinance 229 pertaining to disposal of property:  The City may not dispose of real property by gift except to a governmental body for a public purpose or to a fair.

 

Ordinance 230 pertaining to cemetery rules and regulations:  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 obligation in the event that interment spaces, memorials, or memorilizations are damaged or defaced by acts of vandalism.  Any veteran, as defined in Section 35.1 of the Code of Iowa, 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 231 pertaining to off-road utility vehicles:  Subsection 3 of Section 75.02 of the Code of Ordinances of the City of Mechanicsville, Iowa is repealed and the following adopted in lieu thereof:  3.  “Off-road utility vehicle” means a motorized flotation-tire vehicle, with not less than four and not more than eight low pressure tires, that is limited in engine displacement to less than one thousand eight hundred pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control.  An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.

 

Ordinance 232 pertaining to utility service:  Subsection 2 of Section 92.05 of the Code of Ordinances of the City of Mechanicsville, Iowa is repealed and the following adopted in lieu thereof:  2. Notice of Landlords.  If the customer is a tenant, and if the owner or landlord of the property or premises has made a written notice, the notice of delinquency shall also be given to the owner or landlord.

 

Section 92.08 of the Code of Ordinances of the City of Mechanicsville Iowa is repealed and the following adopted in lieu thereof:  Lien notice.  A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred.  If the customer is a tenant and the landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord.  The notice shall be sent to the appropriate persons by ordinary mail not less than thirty days prior to certification of the lien to the County Treasurer.

 

Upon reading the ordinances, a motion was made by Larry Beck, seconded by Jeff Christianson to waive the second and third readings of the ordinances.  Ayes all.  Motion carried.

 

Larry Beck then motioned, and Gene Brown seconded to adopt ordinances numbered 224-232 as presented.  Roll call:  Ayes:  Larry Beck, Jeff Christianson, Gene Brown, Carla Barnhart, and Bryan Lovell.  Nays:  None.  Ordinances declared adopted.

 

Renewal of Red Cross Shelter Agreement:  Bryan Lovell motioned, Gene Brown seconded to renew the agreement with the Red Cross for use of the Memorial Building.  Ayes all.  Motion carried.

 

Library Board:  A motion was made by Larry Beck, seconded by Bryan Lovell to appoint Gary Doerman to the Library Board.  Ayes all.  Motion carried.

 

Multi-Jurisdiction Mitigation plan:  Mayor Furry provided information received on completing a Hazard Mitigation plan on a county wide basis.  The local entity will still need to provide the information similar to what we have done individually, but the plan can cover more than one jurisdiction.

 

Animal Care League:  Information about the new Animal Care League was received and Mayor Furry will plan to attend the next meeting at the end of the month.

 

Storm water issue-review photos:  Photos were reviewed of an area on the south west part of town of the area where storm water leaves the street to enter a natural water way.  Council members will look at to see if anything can or should be done.

 

Sewer back up:  The Mayor informed the council about a call he had received regarding sewer backup into a basement following the non-stop rains for 2 days in August.  Council discussed identifying areas of possible infiltrations such as smoke testing to see if rain gutters are attached to the sanitary sewers.

 

Class action settlement:  A review of the correspondence received on the vehicle indicated that no action was necessary.

 

Participation in the Housing Rehab Program, if yes, set public hearing date:  Bryan Lovell motioned, Jeff Christians seconded to proceed with applying for the Housing Rehab Grant and setting the public hearing for October 12 at 7:00 p.m.  Ayes all.  Motion carried.

 

NIMS 700 & 100 Training:  Sept 17 8:00 am – 4:00 p.m.  Carla Barnhart and Gene Brown will be attending.  The other council members have completed the training.

 

Committee Reports:  None

 

Correspondence:  Correspondence from Bill Koch regarding a softball field in Mechanicsville and a statement he presented to the North Cedar School Board.  Upon reviewing the request as to whether the city wanted to support moving the ball field out to the new school, no action was taken as there were too many unanswered questions.

 

Attorney Lowell Dendinger provided a copy of the certification for the former Live Wire Inc property and the completion of the transfer of title to the city.

 

Mayor’s Comments:  Mayor informed the council that July, 2010 the tipping fee & assessment fees at the transfer station will go up.

 

Set next regular meeting date: 10-12-09 

 

ADJOURN:  There being no further business to come before the Council at this time, council member Larry Beck motioned, Gene Brown seconded, to adjourn the meeting at 9:13 p.m. Ayes all.  Meeting adjourned.

 

ATTEST:

 

____________________________                   ___________________________

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

City Clerk/Finance Officer