Lawton City Council Minutes

September 3, 2002

 

 

The Lawton City Council met in regular session on Tuesday, September 3, 2002, at the Lawton City Clerk’s office.  Mayor pro tem Arlan Kolker called meeting to order at 5:00 p.m.  Council members present for roll call: Terry Masching, Arlan Kolken and Jeff Nitzschke.  Masching moved to approve tentative agenda as presented. Nitzschke seconded,  roll call 3-0, carried.  Masching moved to approve consent agenda as presented.  Nitzschke seconded, roll call 3-0, carried.

 

Building Permits approved were Robert Peters, deck; Lance Sappingfield, storage shed; Tim Loftus, work shop.  Mary Beth Schorg entered meeting at 5:05.  After considerable resident/council discussion, Nitzschke moved to give authorization to Rod Lieber to restore alley behind 324 E Main and 328 E Main to original width and establish a constant slope.  Masching seconded, roll call 4-0, carried.  Mayor Shorman entered meeting at 5:35.  Regarding drainage ditch on Birch Street, fill dirt will be used with seeding to be done this fall.  Tony Bengford entered meeting at 6:10.

 

A Public Hearing was held regarding the voluntary annexation of territory belonging to Don Grigg into the city limits of Lawton.   All notifications had been sent as required by law.  No comment was received verbally or in written communication voicing opposition to this annexation.  The hearing was closed.  Schorg moved to approve territory annexation as proposed.  Kolker seconded, roll call 5-0, carried.

 

Council decided against renewing SIMPCO membership for current year.  Resident complained of apparent hydraulic fluid leak from CHN garbage trucks during garbage pickup.  Clerk will notify CHN of problem.  After discussion of current garbage rates, Kolker introduced and caused to be read the following proposed amendment to the Lawton Municipal Code: 

 

PROPOSED ORDINANCE AMENDING MUNICIPAL CODE

 

AN ORDINANCE TO AMEND SECTION 6-5-10(1) ENTITLED

“REFUSE COLLECTION RATES”

 

Section 6-5-10  REFUSE COLLECTION RATES.  There shall be collected by the City for its services in collecting garbage and rubbish, the following mandatory fees:

           

(1)                                         Residence Rate.  For each resident with alley or curb pickup, thirty dollars ($30.00) per quarter for one garbage or rubbish collection each week.

 

EFFECTIVE DATE:  This ordinance will be effective immediately.  The bills issued on or about October 1, 2002 for the third quarter, 2002 will reflect the new rates herein established.

 

PUBLICATION:  The city clerk shall cause this ordinance to be published as required by law prior to October 1, 2002.

 

Proposed ordinance amendment seconded by Nitzschke, roll call 5-0, carried.  After further discussion, Masching introduced, proposed, and moved the adoption of the following resolution:

 

RESOLUTION # 2002-14

 

RESOLUTION DISPENSING WITH RULE REQUIRING THREE READINGS OF ORDINANCE OR AMENDMENT THERETO BEFORE ADOPTION

 

Be it resolved that the amended ordinance introduced by Councilman Kolker entitled, “AN ORDINANCE TO AMEND SECTION 6-5-10(1) ENTITLED “REFUSE COLLECTION RATES” be considered and that the rule requiring three readings before passage be suspended by vote of this council.  Schorg seconded the motion.  On roll call vote, all council members voted aye.  Mayor declared the resolution adopted.

 

Kolker moved to adopt final reading of amendment.  Bengford seconded motion.  Thereafter the proposed ordinance entitled, AN ORDINANCE TO AMEND SECTION 6-5-10(1) ENTITLED “REFUSE COLLECTION RATES” set out above, was again read and, the question being put and the roll being called, all council members voted aye.  The mayor declared the motion to adopt to have passed and the ordinance to have been adopted.  He then approved and signed the measure.

 

Water tower cleaning bids were received and presented as such:  Utility Service Company, Inc., $1,250; DeWild Grant Reckert and Associates, $1,100; Maguire Iron, $2,150.  The Maguire Iron bid included installation of a freeze-proof valve that would allow city maintenance to drain water and sediment as necessary.  After careful consideration, Kolker moved to accept bid from Maguire Iron.  Schorg seconded, roll call 5-0, carried.

 

Council approved purchase of gas-powered saw to be used to cut asphalt and concrete.  Steffen Engineering will inspect bridge at Elm and Larimer Streets and give council his recommendation for repairs.  Council approved payment to Belinda Shorman for work she did while city maintenance was on vacation at rate of $9.50/hr.  Discussion was held regarding small tractor owned by city.  Cost to update current tractor with PTO appears to be cost-prohibitive.  City will put tractor out for bids with right to deny any and all bids.  Council gave approval to tag several vehicles illegally parked within city limits.  Trees need to be trimmed, particularly along Cedar Street.  Council decided to wait until leaves have fallen to trim. 

 

A concerned business owner contacted City Hall regarding a construction project leaving the area in front of his business inaccessible.  Nitzschke will discuss problem with on-site job foreman.  Clerk reported $100.00 donation had been received from the FAMILY group to be used in the flag fund.  Council expressed appreciation for the donation.  Fire Department was given permission to use city tables and picnic tables for their annual Pancake Breakfast to be held September 14, 2002.

 

Building Permit Regulation discussion was tabled until October.

 

Motion was made by Mashing, seconded by Schorg to approve the following resolutions in part:

 

RESOLUTION # 2002-10

 

RESOLUTION REGARDING ASSESSMENT FOR NUISANCE ABATEMENT

 

Whereas more than 30 days have passed since the notice was given and the following costs and charges remain unpaid:

 

OWNER                                    PARCEL #        LEGAL                                                 COST

 

Brian Von Aswege                     612859              Lot 4, Sparr’s Hilltop, Lawton                  $55.00

 

 

Therefore be it resolved the foregoing charges are hereby assessed to the property indicated in the amount shown opposite the description.

 

Be it further resolved the Clerk is directed to certify to the County Treasurer for entry upon the books of the County Treasurer as an assessment said amount against each property.

 

 

RESOLUTION # 2002-11

 

RESOLUTION REGARDING ASSESSMENT FOR NUISANCE ABATEMENT

 

Whereas a report is hereby received showing the following abatements and the costs associated therewith:

 

OWNER                                    PARCEL #        LEGAL                                                 COST

 

Brian Von Aswege                     612859              Lot 4, Sparr’s Hilltop, Lawton                  $55.00

 

 

Therefore be it resolved the foregoing labor costs and material costs are approved; a further administrative charge of 10% of the total amount is assessed.  The City Clerk is directed to notify the property owner as shown by the tax records of the County Treasurer.

 

Resolution #2002-12

Resolution regarding assessment of unpaid utility charges

 

            Where as for the following described property there are now unpaid utility charges so described billed and unpaid more than 60 days as set forth below

 

OWNER                        PARCEL #        LEGAL                                                 DATE                COST

 

Brian Von Aswege         612859              Lot 4, Sparr’s Hilltop, Lawton                  10-1-01               $62.57

Brian Von Aswege         612859              Lot 4, Sparr’s Hilltop, Lawton                  11-26-01              25.00

Brian Von Aswege         612859              Lot 4, Sparr’s Hilltop, Lawton                  1-1-02                  57.01

Brian Von Aswege         612859              Lot 4, Sparr’s Hilltop, Lawton                  2-4-02                  14.46

 

 

Therefore be it resolved the foregoing charges are hereby assessed to the property indicated in the amount shown opposite the description.

 

Be it further resolved the Clerk is directed to certify to the County Treasurer for entry upon the books of the County Treasurer as an assessment said amount against each property.

 

Roll call vote to approve the above mentioned resolutions carried, 5-0.

 

Clerk presented Council and Mayor with 2001 Street Finance Report.  Motion to approve Resolution # 2002-13, 2001 Street Finance Report was made by Schorg, seconded by Kolker.  Roll call 5-0, carried.

 

Assessments for bridge repairs on Birch Street will be mailed to Kolker and Altha Bos. 

 

REVENUES BY FUND                                                   DISBURSEMENTS BY FUND

 

Interest on Investments

1,229.35

 

 

 

General

202.68

 

General

8,418.13

Local Option Sales Tax

3,828.08

 

Local Option Sales Tax

0.00

Road Use Tax

4,718.56

 

Road Use Tax

3,585.29

Water

3,613.28

 

Water

1,866.24

Sewer

1,022.63

 

Sewer

1,244.30

Garbage

1,037.37

 

Garbage

1,926.40

TOTOAL REVENUE

15,651.95

 

AUGUST DISBURSEMENTS

17,040.36

 

 

WARRANTS APPROVED                                                                     

                                   

Lowell Anderson, salary

420.50

Matt Anderson, salary

39.83

Lowell Anderson, salary

420.50

Lowell Anderson, phone

120.00

MidAmerican Energy

1236.10

US Bank, lodging, supplies

435.38

Lowell Anderson, salary

420.49

Keith Stevens, salary

86.64

Lowell Anderson, salary

420.50

Keith Stevens, salary

112.11

Patricia Washburn, salary

1001.13

First Trust & Savings, liabilities

951.76

IPERS

360.87

Moville Ready Mix

122.50

ACCO, chemicals

237.60

Bomgaars, supplies

27.51

CHN Garbage

1926.40

Cal-Pacific, supplies

183.33

Hach Company, chemicals

128.50

Iowa One Call

7.20

Malloy Electric, mower bearing

10.49

Matt Parrott & Sons, minutes book

121.73

Menards, cement, supplies

75.20

Moville Record

447.56

R&D Tree Service, tree removal

375.00

Rogers Electric Supplies, relay

27.83

Siouxland District Health Dept., lab

5.00

Siouxland Ready Mix Concrete

201.44

Suburban Supply, backhoe, water line

537.94

Utility Equipment Company, supplies

502.08

Woodbury Co. Solid Waste, 3rd Qtr.

1693.71

Concrete Complete, retainer fee

7600.00

 

 

Meeting was adjourned at 8:20 p.m.

 

 

                                                                                                SIGNED BY:

 

                                                                                                                                                                       

                                                                                                            Martin Shorman, Mayor

 

ATTESTED BY:

 

                                                                       

Patricia L Washburn, City Clerk