Lawton City Council Minutes

April 1, 2003

The Lawton City Council met in regular session on Tuesday, April 1, 2003, at the Lawton City Clerk’s office. Council members answering roll: Arlan Kolker, Jeff Nitzschke and Terry Masching. Mayor pro tem Kolker called the meeting to order at 5:00 p.m. Masching moved to approve tentative and consent agendas as presented. Nitzschke seconded, roll call 3-0, carried. Tony Bengford arrived at 5:05, Mary Beth Schorg arrived at 5:10.

No building permits were presented for consideration. Liquor License and Cigarette License applications were presented for approval by Tony Thompson dba TJ’s Sports Bar & Grill located at 320 Cedar Street. A Dram Shop Certificate was also presented. Masching moved to approve all applications, seconded by Nitzschke. On roll 5-0, carried. TJ’s plans to be open for business May 1, 2003. Mayor Shorman arrived at 5:30.

Don Grigg discussed landscaping plans on his property with Council. Council gave approval. No decision was made regarding property owner’s request for access off Ash Street. Property owner will be asked to clarify his request. Quit-Claim deed for Char-Mac Drive was discussed. City attorney has contacted other party’s attorney regarding concerns on the deed. No other action was taken at this time. Regarding building maintenance, Kolker moved to change lock on Friendship Center door. Motion seconded by Nitzschke, carried 5-0. Clerk will post sign at front door notifying of upcoming lock change. New keys will be distributed only if signed for. Several non-profit groups use this hall at no charge, however at times it has required special cleaning before the next group comes in. Groups may continue to use the hall with no charge as long as they leave it clean. Woodbury County Library questioned using Friendship Center as “remote book drop”. Council said not at this time.

City Maintenance, Lowell Anderson, discussed need for part-time help. Schorg moved to hire Matt Anderson at rate of $7.50/hr as needed. It is anticipated this will be a nearly full-time position from now through August. Masching seconded motion. On roll 5-0, carried. A variety of spring projects were also discussed. The asbestos abatement contractor is expected to be finished with project prior to April 15. For safety reasons, Council feels professionals should continue to be hired to clean water tower. Several areas need to be seeded in town. City will contact Ball League folks to see about excess grass seed they may have on hand.

Hearing was opened regarding sale of City-owned real estate described as Lots 13, 14, 15 and 16, Block 3, City of Lawton. Mark Richardson and Spencer Griffith were present to offer bid of $25,000 as determined by the City Council to be a fair offer. No one was present to offer upset bid. Hearing was closed. Schorg moved for the reading of:

RESOLUTION #2003-07, RESOLUTION APPROVING THE SALE OF CERTAIN REAL ESTATE

Notice of Public Hearing concerning the sale of this property was properly published in the Sioux City Journal on Friday, March 28, 2003. Kolker seconded motion. On roll, 5-0, carried. Complete text of Resolution #2003-07 is on file at the City Clerk’s office. City will bring abstract up to date. Kolker moved for City to replace sidewalk, curb and gutter at such time as new owners are ready to have them installed. Nitzschke seconded. On roll, 5-0, carried.

Regarding 2^nd reading of Ordinance Amending Section 6-8-2, “Construction and Yard Requirements”, subpart 3, an editorial change causes the amendment to read in part “All construction shall be set back four feet (4’) from the rear lot line.” Nitzschke moved to accept second reading with editorial change. Kolker seconded, 5-0 on roll, carried.

Jerry Steffen of Steffen Engineering presented plans and specifications for Box Culvert Replacement at Larimer & Elm Street Intersection. Plans also include work extending west including grass lined drainage to Birch Street. Council informed Howard Smith of possibility one or more trees located on parking may have to be removed if they interfere with construction. After consideration, Masching caused to be read

RESOLUTION #2003-08

RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE BOX CULVERT REPLACEMENT AT LARIMER AND ELM STREET INTERSECTION, PLANS, SPECIFICATIONS, FORM OF CONTRACT AND THE ESTIMATED COST AND TAKING OF BIDS THEREFORE

Whereas, the City Council has determined that it is necessary to replace the box culvert at Larimer and Elm Street intersection as part of the ongoing storm water control project, and,

Whereas, such improvements are in the public interest, and,

Whereas, there are now on file with the City Clerk in the City of Lawton, plans, specifications and form of contract, and,

Whereas, the public and potential bidders should be given the opportunity to review and comment upon the plans, specifications, form of contract and estimated cost, and,

Whereas, notice and opportunity to bid must be given to all interested parties.

Therefore, be it resolved that:

(1) A public hearing should be held upon the proposed plans, specifications, form of contract and estimated cost for the construction of the Box Culvert Replacement at Larimer and Elm Street Intersection;

(2) The hearing should be held at the Council Chambers, City of Lawton, on the sixth day of May, 2003, at 6:00 p.m., at which time all interested persons may appear to file objections to the proposed plans, specifications, form of contract or estimated cost;

(3) All bidders shall be required to furnish a bid bond in an amount equal to ten percent (10%) of their bids;

(4) The City Clerk is hereby instructed to publish a Notice of Public Hearing and a Notice to Bidders pertaining to the BOX CULVERT REPLACEMENT AT LARIMER AND ELM STREET INTERSECTION in the Moville Record, a newspaper of general circulation published in the City of Moville, not less than four nor more than twenty days prior to May 6. 2003, and,

(5) Said notice shall provide that bids will be received in the office of the City Clerk in Lawton, Iowa, up until 2:00 p.m. on May 6, 2003. That thereafter those said bids will be opened and considered by the City Council following the public hearing scheduled to begin at 6:00 p.m. on May 6, 2003.

Completion date will be specified as September 1, 2003. Council will ask for liquidated damages of $100 per day for each day contractor goes beyond completion date. Motion to approve resolution seconded by Bengford. On roll 5-0, carried.

It having come before the council as part of the general report on street conditions that Maple Street between Tara Way and Linden Street would likely cost nearly as much in continued repair as if the street were replaced. Further it seems unlikely that any repairs would prove either permanent or satisfactory other than for a very short period of time. A multitude of possible factors for the failure of the new street were discussed including insufficient street bed preparation and the unanticipated high heavy traffic count from the school. It was determined that City consulting engineer Jerry Steffen could provide engineering services to prepare the plats, schedules, estimates of cost, plans and specifications and supervise construction of the proposed improvement Where after Councilman Kolker introduced the following resolution:

RESOLUTION #2003-09

Proposed 2003 Maple Street Improvement Project

Project Description: Replace Maple Street beginning at Tara Way and continuing west to Linden Street. Remove all existing pavement, perform soil testing as necessary, repack and establish road grade and base, pour concrete street meeting or exceeding the current city street ordinance as recommended for high traffic including school buses and service vehicles.

Directions to Engineer: Steffen Engineering shall prepare preliminary plans and specifications, estimated total cost of the work, and a plat and schedule to file with the clerk.

Directions to City Attorney: The City Attorney shall review the requirements for an involuntary assessment of all benefited property owners, prepare preliminary resolutions as necessary and take all steps to permit the council to act on this matter by the next regular Council meeting.

Designation of benefited property: The council finds by this resolution that based upon preliminary information the council believes all the properties located on the designated parts of Maple Street and intersecting streets within 200 feet of Maple Street will benefit. Further the council finds the Lawton campus of the Lawton-Bronson Community School District will receive a benefit from improved access for buses, service vehicles, employees and students to the school.

Proposed cost sharing: The city proposes that the costs of the project will be shared by the city and the land owners of the benefited property. The exact proportion of improvement to be paid by city funds is not yet determined.

Councilman Bengford seconded the motion to adopt the resolution. On a roll call vote all council voted in favor of adopting the resolution and the Mayor declared it passed.

Clerk informed council electricity has been turned on at new ball complex. City wide garage sale will be held June 14 with Wayne Cook in charge. Letter from Senator Steven Warnstadt was read requesting City to pass resolution in support of fellow Iowans that have been called to duty in Iraq and for Homeland Security. Nitzschke moved to pass RESOLUTION # 2003-10, RESOLUTION TO SUPPORT IOWANS CALLED TO DUTY BY PASSING THE “SERVICE MEMBERS SUPPORT AGENDA”. In part, this resolution is designed to make life easier for those serving our country and their families by using “common sense suggestions” compiled by Senator Warnstadt. Kolker seconded the motion, roll call vote 5-0, carried. Complete text of Resolution #2003-10 is on file in the City Clerk’s office.

After careful consideration, Kolker moved to hold a public hearing at 5:30 p.m. on May 6, 2003 for the purpose of accepting proposed budget amendment for the current fiscal year 2003. Notice of Public Hearing Amendment of Current City Budget will be published in the Moville Record, Moville Iowa, not less than 10 nor more than 20 days prior to the hearing date. Motion seconded by Schorg. On roll 5-0, carried.

With no further business, meeting adjourned at 9:00 p.m.

REVENUES BY FUND DISBURSEMENTS BY FUND

Interest on Investments	632.19
General	6,238.63	General	17,727.44
Local Option Sales Tax	4,528.43	Local Option Sales Tax	0.00
Road Use Tax	6,098.95	Road Use Tax	2,431.18
Water	89.68	Water	1,631.40
Sewer	64.00	Sewer	1,250.12
Garbage	123.75	Garbage	3,623.11
TOTOAL REVENUE	17,775.63	MARCH DISBURSEMENTS	26,663.25

WARRANTS APPROVED

Lowell Anderson, salary	420.50
Lawson Products, drill bits	135.35
Lawton Pronto, fuel	74.60
Steffen Engineering, locate alley	300.00
Steffen Engineering, core samples	160.00
Steffen Engineering, cost est. box culvert	3477.50
Suburban Supply, lower water main	155.00
Western Iowa Telephone	135.19
Lowell Anderson, salary	420.50
IMFOA, conference registration	70.00
Lowell Anderson, salary	420.49
MidAmerica Energy	1835.80
Sioux City Iron, wrenches	8.96
US Bank, postage, registragion, supplies	419.05
Lowell Anderson, salary	420.50
Patricia Washburn, salary	1001.12
First Trust & Savings, payroll liabilities	895.12
IPERS	337.97
Treasurer, State of Iowa, IA withholding	442.00
ICAP, tort liability	9601.00
American Family Insurance, Lowell	583.20
ATCO International, destroyer	220.00
CHN Garbage	1964.95
Menards, bushings, cabinet	14.13
Metcalf, Thompson & Phipps, legal serv.	37.00
Share Corporation, park & shop supplies	142.42
Siouxland Dist. Health Dept., lab fee	10.00
Wolf Creek Graphics, newsletters	70.00

SIGNED BY:

Martin Shorman, Mayor

ATTESTED BY:

Patricia L Washburn, City Clerk