City of Mechanicsville

REGULAR COUNCIL MEETING

August 11, 2003

The City Council met in regular session on Monday, August 11, 2003 at the Memorial Building. Mayor Steven Joy called the meeting to order at 7:05 p.m. Council persons present for roll call were Don Griffith, Dan Kurth, Martin Meyer, and Andrew Oberbreckling. Peter Anderson was absent. Others present included Alan Zerbe, Tom Albaugh, Dan Koch, Sherie Paup, Rick Scott, Laverna Koch, Jon Mullan, John Sandberg, Pat Sandberg, Carol Dawson, Harold Dawson, Galen Orth, Norman Orth, Donna Wood, Doyle Pickering, Nancy Albaugh, Ernie Albaugh, Bob Davidson, Luella Scott, Sami Scott, Harold McElderry, Janet Bescher, Mert Scott, Linda Beck, Larry Beck, Bryan Lovell, Bryan Nugent, Sandra Warren, Pam Cavey, Pat Cavey, John Sauer, Tom Strickler, Judy Strickler, Cortney Strickler, Carla Barnhart, Pam Logue, Mike Newcomb, Andrew Carr, Jim Meyer, Bruce Kern, Joe Smith, Greg Yonkovic, Rhett Taylor, Doug Cook, Tim Miller, Diane Miller, Diane Griffith, Jayme Griffith, Mandy Weber, Justin Mullan, Thad Alexander, Gene Brown, Phil Boots, Karen Dickey, Chris Yancey, Larry Yancey, Eddy Yancey, Bill Edleman, Doug Albaugh, Brad Crandall, Tony Wagner, and Tim Smith.

OPPORTUNITY for citizens present to discuss items not on the agenda: At this time Rick Scott questioned the council about the authority of the part time acting police chief to be making offers of employment to other police officers. Mayor Joy stated that there was a proposal that was presented at the last council meeting by David Sloan that included hiring part time officers, however, no action had been taken on the proposal and that the Public Safety Committee would be meeting on Wednesday, August 13 at 7:00 p.m.

CONSENT AGENDA: Motioned by Griffith, seconded by Kurth, to approve the consent agenda including the agenda, minutes from 7/28/03, Finance Reports, and claims. Roll call vote: Ayes: Griffith, Kurth, Meyer, and Oberbreckling. Nays: None. Absent: Anderson

The claims approved were as follows:

DELTA DENTAL	94.84	BEMER ROOFING	4,444.00
WELLMARK	1,342.32	BOOT'S BODY SHOP	78.65
CARRIE ALBAUGH	65.64	BUSINESS RADIO SALES	317.00
THOMAS ALBAUGH	730.93	CARROT-TOP INDUSTRIES	99.00
LINDA COPPESS	1,122.25	CASEY'S GENERAL STORE	206.73
STEVE DAY	527.66	CEDAR COUNTY AUDITOR	1,407.60
KELLY EBY	395.33	CEDAR COUNTY AUDITOR	4,270.00
JUDY HARTMAN	360.46	CEDAR CO. SOLID WASTE	682.50
JODINE LOVELL	192.31	CTS TEXTILE LEASING	123.30
DAVID SLOAN	709.50	CONSERVATIVE PUBLISHING	977.05
JOEY D WENNDT	211.61	IA LAW ENFORC ACADEMY	15.00
LAWRENCE EDWARD YANCEY	31.40	IA ONE CALL	6.30
ALAN ZERBE	952.35	IA WIRELESS	102.25
BRIDGE COMMUNITY BANK	3,232.73	JOHNSON CO REFUSE INC	2,091.50
I P E R S	1,414.70	KEYSTONE LAB, INC	253.00
US POSTMASTER	105.80	KOCH'S PAINT & LUMBER	131.34
AMAZON.COM	173.71	KUNDE OUTDOOR EQUIPMENT	76.11
BAKER & TAYLOR	137.93	MECHANICSVILLE TELE. CO.	256.79
MECHANICSVILLE TELE. CO.	53.83	RADAR ROAD TEC	90.00
KOCH'S PAINT & LUMBER	368.89	RADIUS	65.00
GATEWAY COMPANIES INC	6,928.00	QUILL CORPORATION	101.89
STATE LIBRARY OF IOWA	48.46	DAVID SLOAN	234.99
US POSTMASTER	58.24	STARLITE VILLAGE	277.20
BUBBA'S	24.91	STRACKBEINS, INC.	15.98
CARRIE ALBAUGH	30.88	UTILITY EQUIPMENT CO.	790.97
THOMAS ALBAUGH	730.93	WALMART	252.47
LINDA COPPESS	1,030.71	ODD JOBBER	1,000.00
STEVE DAY	577.17	L L PELLING COMPANY	281.95
KELLY EBY	513.62	DEAN KURTH, OWNER	117.14
JUDY HARTMAN	474.43	SIDWELL COMPANY	214.70
JODINE LOVELL	365.22	NEW HORIZON FS INC.	435.46
DAVID SLOAN	672.17	KLUWER ACADEMIC PUBLISH	53.00
JOEY D WENNDT	121.45	NFPA	135.00
LAWRENCE EDWARD YANCEY	335.26	RADIUS	97.50
ALAN ZERBE	978.87	SMOKE EATER	110.00
ABC FIRE PROTECTION, INC	172.51	NATIONAL IMPRINT COMPANY	150.00
ACCO, UNLIMITED CORP.	603.00	DJS TIRES & MORE	396.00
ALLIANCE MEDICAL	218.59	SADLER POWER TRAIN INC	103.48
ALLIANT ENERGY	3,987.52	RAYNOR DOOR OF CR	445.00

Total Receipts for the month of July per fund:

Ambulance Trust	4,891.62
Fire Trust	67.14
General	8,516.12
Agency-Water	150.00
Perpetual Care	225.00
Library Exp Trust	16.83
Park Exp Trust	700.19
Road Use Tax	7,182.19
Sewer Utility	6,159.22
Solid Waste	7,558.83
Water Utility	6,621.00
Water Sinking Fund	2,500.00
Special Revenue-Opt Tax	4,086.25

Total disbursements for the month of July per fund:

Ambulance Trust	199.81
General	26,941.31
Road Use Tax	3,250.97
Solid Waste	2,524.18
Park Trust	546.00
Special Revenue-Opt Tax	4,086.25
Sewer Utility	2,027.40
Water Utility	2,865.73

PUBLIC HEARING: At 7:12 p.m. Mayor Joy opened the Public Hearing and requested to hear comments for and/or against the proposed ordinance changes that eliminated parking on all of Elm Street and the south side of all other streets that run east and west except for designated handicapped parking areas and except for the business district between Jackson and Cherry on First Street. Also, any comments regarding additional signage designating a preferred route for trucks to follow when traveling north/south through the city. The general public questioned why the parking changes were necessary and brought forth comments against the proposed changes and sited examples of situations that may create more congestion, inconveniences and safety issues due to the proposed change than what currently exists. A concern expressed frequently was if opening up the traffic flow would allow for the speed of vehicles to go even faster; inquiry was made about having a city parking area for trucks; inquiry was made as to whether the city would plow the alley so that people could access their garages in the winter time; inquiry as to whether consideration has been given to the cost of the signs and the installation of them and what the specific statistics were that brought all of this up for consideration. There being no more comments to be made by those present, the public was thanked for their input and a motion was made by Griffith and seconded by Meyer to close the public hearing. Ayes all. Motion carried.

A motion was made by Griffith, seconded by Kurth to take a 10 minute break. Ayes all. Motion carried.

DEPARTMENTAL REPORTS:

Administration: Coppess reported working on the annual report and completing paperwork for CMC designation; a Board of Adjustments meeting will be held on 8/14/03 at 8:00 p.m. in City Hall; and some of the tenants from the trailer park have been coming in to make their water deposits and will be sending out a reminder notice on the deposits. Kurth motioned, seconded by Griffith to approve the report. Ayes all. Motion carried.

FIRE DEPARTMENT: Fire Chief Koch reported a total of 8 calls for June and July and fielded questions regarding how and when it was determined that the siren be activated for a tornado warning. The response being that the department is alerted by Cedar County, who is contacted by the Weather Service out of Moline, indicating that the weather is unfavorable. It was also stated that several times the Fire Department does not get paged out until the peak of the storm is here or already through. Meyer motioned, seconded by Griffith to approve the report. Ayes all. Motion carried.

AMBULANCE REPORT: Ambulance Coordinator Paup reported a total of 23 calls for June and 16 calls for July. Sherie also reported that Marilyn Fitzgerald is now on the schedule as a Basic. RN acceptance has gone through the state. Griffith motioned, Meyer seconded to approve the report. Ayes all. Motion carried.

PUBLIC WORKS REPORT: Council reviewed Zerbe’s, Albaugh’s, Day’s, and Yancey’s reports. Griffith motioned, Oberbreckling seconded, to approve the reports. Ayes all. Motion carried.

Zerbe requested two additional vacation days to be taken on August 27 and 28. Meyer motioned, seconded by Kurth to approve the request. Ayes all. Motion carried.

DISCUSSION AND POSSIBLE ACTION ON BIDS TO REPAIR OLD WATER TOWER: Zerbe reported noticing a broken connecting rod on the old water tower and contacted IIW for contractors who could bid on repairing it. The bids have not arrived yet, so action was tabled until the next meeting. Zerbe was asked to tape off the area around the tower as a precautionary measure.

POLICE REPORT: Not available.

REQUEST FOR HEARING REGARDING NUISANCE ABATEMENT: GALEN ORTH. Galen presented to the council proof of registration and license of the pickup; and paperwork reflecting that he has applied for bonded title for the station wagon. He stated that the gray car was junk and that it has since been removed from the property. Meyer made a motion, seconded by Griffith, that the council accept the abatement as being satisfactory with a follow up inspection in 60 days regarding the title for the station wagon. Ayes all. Motion carried.

DISCUSSION AND POSSIBLE ACTION ON BID RECEIVED FOR STRIPPING THE FLOOR, APPLYING 2 COATS OF SEAL, AND TWO COATS OF FINISH FOR THE AUDITORIUM, DINING ROOM, AND UPSTAIRS AND DOWNSTARIS HALLWAYS IN THE MEMORIAL BUILDING: Coppess reported receiving an initial bid that was under the $2500 limit and that additional bids are not required to be submitted, however, had requested 2 additional bids of which one has been received and the other is anticipated to be received on Friday. Action was tabled until the 8/25/03 council meeting.

CLARIFICATION NEEDED BEFORE ORDERING THE 2003 LEGISLATIVE CHANGES AFFECTING CITY CODE: A) SET PARKING FINE AMOUNT B) SET CIVIL PENALTIES FOR MUNICIPAL INFRACTIONS: Motioned by Griffith, seconded by Meyer to leave the parking fine at $5.00 and the civil penalty for municipal infractions at $500 and $750 rather than changing it to correspond with the limitation set by the state which is $750 and $1000 for repeat offenses. Ayes all. Motion carried.

APPOINT DAVE HEDRICK TO LIBRARY BOARD TERM TO EXPIRE 6/30/06: Motion by Griffith, second by Oberbreckling to appoint Dave Hedrick to the Library Board. Ayes all. Motion carried.

DISCUSSION AND POSSIBLE ACTION ON INQUIRY FOR SECOND STREET TO BE EXTENDED TO THE EAST AND FOR INFORMATION ON ACCESS TO WATER/SEWER LINES: Tim Smith and Bob Davidson discussed possible alternatives for access to the property near the end of Second Street. The council recommended that they approach the adjoining property owners to see about obtaining a driveway easement that could be recorded. Zerbe provided information on the approximate location of water and sewer connections.

DISCUSSION REGARDING ENFORCEMENT OF ORDINANCES: At this time Nancy Albaugh addressed the council about a visit she had had from Officer Sloan regarding their travel trailer blocking the sidewalk on July 30. Officer Sloan reported to her that he had received a complaint that he was following up on. Nancy inquired who the complaint was from and that his reply was that he didn’t know as it had come through Cedar County. Nancy proceeded to inform him that there were 2 vehicles to the West and 1 to the East that were also blocking the sidewalk and inquired whether the city was doing selective enforcement. Nancy went on to say that enforcement needs to be done fairly and justly or it could be considered harassment and proceeded to ask the council what they would do with an untruthful officer. Griffith made a motion to suspend Officer Sloan until verification of the incident could be made. Mayor Joy stated that there should never be selective enforcement and that he would be meeting with Officer Sloan on Wednesday night to review the incident with him and stated that the council needed to allow for due process to take place. Meyer made a motion to check with the city attorney. Janet Bescher also commented on a similar situation where she felt she was being harassed regarding her dog not being on a leash. Mayor Joy stated that he doesn’t want to violate any employment laws and would prefer to investigate the incident by addressing it with Officer Sloan at the Public Safety Meeting on Wednesday night. Griffith motioned that all of the public safety committee meeting recommendations come before the council before any action is taken on them. All motions died for no seconds were received.

DISCUSSION AND POSSIBLE ACTION FOR NEGOTIATION OF OFFER FOR FT POLICE CHIEF: Comments were received from the public regarding no continuity if they were to go with 12 part time officers as well as positive comments about previous experiences with Rick Scott answering the calls no matter when they came in, he has lived in the community and has a good relationship with the kids, cares about it and does a good job. Mayor Joy asked Rick Scott if he wanted to comment or discuss at this time and Rick stated that he would suggest a starting salary $35,360 and that he didn’t need any part time help except possibly during the summer months (May-July); he would want the insurance to start the first of the month after notice instead of the 90 day wait time and that previously hired employees be reimbursed for their expenses incurred for the 90 day period. He also inquired as to why the city still had the old police car. No further action was taken at this time.

DISCUSSION AND POSSIBLE ACTION ON REQUEST TO CONTINUE WITH THE TEMPORARY CLOSING OF A PORTION OF MONROE STREET DURING THE SCHOOL YEAR: Motioned by Kurth, seconded by Meyer, to continue with the temporary closing of Monroe Street with a request that the school come up with a more permanent solution for the situation. Ayes all. Motion carried.

CORRESPONDENCE:

Coppess reported receiving correspondence from ECIA regarding completing reports for the Hazard Mitigation Grant as well as information on the possible changes that DED was making on the Housing Rehabilitation Grant Program and that they would have more information after September 10.

COMMITTEE REPORTS: None.

MAYORS COMMENTS: Mayor Joy commented that he appreciated the public input tonight and thanked everyone for coming.

ADJOURN: There being no further business to come before the Council at this time, council member Kurth motioned, Griffith seconded, to adjourn the meeting at 10:20 p.m. Ayes all. Meeting adjourned.

ATTEST:

_______________________________ ________________________________

Linda K. Coppess, City Clerk Steven B. Joy, Mayor