Lawton City Council Minutes

September 2, 2003

The Lawton City Council met in regular session on Tuesday, September 2, 2003, at the Lawton City Clerk’s office. Council members answering roll: Jeff Nitzschke, Arlan Kolker, Terry Masching, Tony Bengford and Mary Beth Schorg. Mayor pro tem Kolker called the meeting to order at 5:00 p.m. Nitzschke moved to approve tentative and consent agendas as presented. Masching seconded, roll call 5-0, carried.

Building permits were presented and approved for Gene Handke, 404 E Main, landing & deck; Willard Brian McNaughton, 321½ E Main, deck; Dwight Haskins, 93 Pine, deck. Building permit from Keith Newman for a porch was held pending further information.

Harold Horsley was present to express concern for his neighbor’s fence. The neighbor in question did attain a building permit from the city and had his property surveyed prior to installing the fence. As this is not a city issue, Mr. Horsley was encouraged to contact an attorney if he felt the need to investigate the situation further.

Council approved the minor plat for the Sparr’s Addition located in the 400 block of East Main Street. Said plat allows for two lots to be located on the south side of Main Street and two lots to be located on the north side of Main Street. The section of Main Street abutting said lots was also accepted by city council. Nitzschke moved to approve minor plat, Kolker seconded. On roll 5-0, carried.

Jerry Steffen of Steffen Engineering informed Council work on box culvert replacement at Elm & Larimer Streets intersection has been almost completed. Only a few minor details have yet to be tended to. Kolker moved to pay the pay request presented on behalf of Sioux City Engineering, Inc. in the amount of $55,254.15. The 10% retaining will be held pending completion. Nitzschke seconded motion, carried on roll 5-0.

Mayor Shorman arrived at 5:50. Kolker also moved to approve the pay request for Steffen Engineering in the amount of $5,462.50 for engineering work completed on this same intersection. Motion seconded by Bengford, carried on roll 5-0.

City Maintenance, Lowell Anderson informed Council of repairs needed at Fire Station. Anderson will build steps and railing as needed. Masching moved to hire Town & Country Services, Inc. for lawn care for both parks in town for one year beginning with a fall application. Schorg seconded, on roll 5-0, carried.

After considerable discussion, Masching moved to purchase a McCormick GX45 4wd tractor. Bid received from Tim Seubert at S & S Equipment, Inc. allowed for the trade in of the Ford 535 tractor, loader and blade. Bid was for $12,500. Masching’s motion included purchasing a larger bucket than the one that was listed on bid sheet. Nitzschke seconded motion, carried on roll 5-0.

Nitzschke moved to approve Resolution #2003-16, the 2002-2003 Street Finance Report. Kolker seconded. On roll, 5-0, carried. Council was informed of FEMA grant received by the Lawton Fire Department in the amount of $47,800. This is a 90/10 matching grant, which means our local department furnishes $4,780 and FEMA furnishes $43,020.

Masching moved to approve the following resolutions after discussion on each of them: Resolution #2003-17, Amending Ordinance No. 85 Extending Telephone Franchise with Western Iowa Telephone for Additional 25 Years; Resolution #2003-18, Resolution Dispensing with 3 Readings of Resolution #2003-17; Resolution #2003-19, Final Passage and Adoption of Ordinance No. 85 Amendment; Resolution #2003-20, Authorizing Mayor and Clerk to Authorize Foregoing Resolutions; Resolution #2003-21, Granting SIMPCO the Authority to Execute and File a Pre-Disaster Mitigation Plan on Behalf of City of Lawton; Resolution #2003-22, Approving $1,000 “In-Kind” Local Match Resolution for the Pre-Disaster Mitigation Grant. Motion seconded by Schorg, carried on roll 5-0.

Attention was called to the need for a charge for dishonored checks. A general discussion of the problem followed. Thereafter, Councilman Masching introduced and caused to be read the following proposed ordinance:

AN ORDINANCE AMENDING SEC. 6-5-4

UTILITIES – BILLING CHARGES

Subpart 2 shall read as follows: If a consumer's check is dishonored (returned unpaid) by the bank upon which it was drawn, the consumer shall receive a notice informing said consumer that this check has been dishonored by the bank upon which it was drawn and that a service charge is assessed for handling in a stated amount equal to the maximum allowed by state law. If the check has not been made good by 8:00 a.m. on the second day after the notice was sent or delivered, the service may be terminated. In the event more than two (2) checks of a consumer are dishonored by the bank upon which they were drawn, within a two (2) year period, the city clerk shall demand that future payments for service rendered must be made by cash, post office money order, bank draft or certified check.

Motion to pass first reading was seconded by Bengford. On roll, 5-0, carried. Clerk informed Council current state law allows $30 to be assessed for each dishonored check.

Charity Grant from INS was received by the City of Lawton in the amount of $400. Western Iowa Telephone matched grant with additional $400. Grant was applied for to assist in payment of sod for Lawton Memorial Park. Clerk informed Council a check for $800 had been issued to FAMILY to reimburse them for a portion of the sod.

A “Thank-You” letter sent from Dr. Morrison, Assistant to the Superintendent at Lawton-Bronson Community Schools was given to the Council. The letter referred to the improvements the city made at the Elm and Larimore Streets intersection.

All present were reminded of the looming deadline to file for any of the city offices. Absolute deadline will be 5:00 p.m. on September 18, 2003. Three council seats are up for election, as well as the mayoral position.

With no further business, meeting was adjourned at 7:00 p.m.

REVENUES BY FUND DISBURSEMENTS BY FUND

Interest on Investments	540.20
TIF	0.00	TIF	0.00
General	2,988.33	General	4,864.61
Local Option Sales Tax	4,725.33	Local Option Sales Tax	0.00
Road Use Tax	4,958.70	Road Use Tax	2,237.48
Water	2,538.27	Water	2,598.98
Sewer	689.43	Sewer	2,036.13
Garbage	919.28	Garbage	0.00
TOTAL REVENUE	17,359.54	AUGUST DISBURSEMENTS	11,737.20

WARRANTS APPROVED

Lowell Anderson, salary	441.28
Heath Horsley, salary	205.36
ACCO, chlorine, etc	408.30
Barkley Asphalt, hot mix	131.60
CHN Garbage	1941.40
Central Iowa Dist., supplies	179.00
Colonial Research Chem. Corp, sewer	130.35
Fire Station Fund, budget share	6756.00
IDNR, annual fee FY 2004	89.34
Luse-Etler-Goodwin, EMC '02-'03 Audit	273.00
Matt Parrott & Sons, checks	160.64
Moville Record, 6 publications	384.11
Doyle & Virginia Smith, ball field lease	1110.00
Utility Equipment Co., brass saddle	26.34
Patricia Washburn, expenses	156.32
Lowell Anderson, reimbursement-mower	125.00
Banner Township, 2003 cemetery upkeep	1000.00
Ken Eyres, reimbursement	65.00
Lawton Pronto, fuel, misc.	116.95
Lowell Anderson, salary	441.29
Heath Horsley, salary	206.36
Lowell Anderson, salary	441.29
Heath Horsley, salary	205.36
ACE Engine & Parts, mower tire	52.00
Luke Byers, mowing	210.00
Menard's, supplies	86.54
MidAmerican Energy	1442.00
Western Iowa Telephone	110.42
Hach Company, supplies	134.55
Nitzschke Construction, concrete	47.45
US Bank, lodging, meals, supplies	462.61
Woodbury Co. Treas., 1st ½ property taxes	708.00
Lowell Anderson, salary	441.27
Heath Horsley, salary	247.22
Barkley Asphalt	347.70
FAMILY, reimburse sod	800.00
Lowell Anderson, salary	441.29
Heath Horsley, salary	250.20
Patricia Washburn, salary	1258.23
IRS, payroll liabilities	1520.48
IPERS	575.99
AUGUST DISBURSMENTS	24130.24

SIGNED BY:

D. Martin Shorman, Mayor

ATTESTED BY:

Patricia L Washburn, City Clerk