MINUTES OF THE

MALVERN CITY COUNCIL

REGULAR MEETING

APRIL 14, 2014

7:00 P.M.

The regular meeting was called to order by Mayor Mike Blackburn.

Roll call was taken. Those present were; Dwain Pelzer, Kate Phelps, Brian Jaschen, Fred Moreau and Doug Shere

Absent: None

Visitors: 18

Also present: City Clerk, Shari Mueller

Phelps motioned to approve the consent agenda a) Approval of the Agenda removing under Community Presenter: D: Bret Sheppard, Discuss Street Department b) approving Public Hearing meeting minutes and Regular meeting minutes of March 3, 2014, Special Meeting minutes of March 25, 2014 and Special meeting minutes of April 2, 2014 c) Approval of the expenditures. Moreau seconded. Motion carried. All ayes.

COMMUNITY PRESENTERS:

Justin Hornberger with Spiral Communications was present to answer any questions the City Council may have regarding the high speed internet agreement and the water tower agreement.

The City Attorney provided information for the Mayor and Council in regards to both agreements.

Pelzer motioned to approve the agreement with Spiral Communication to bring high speed internet to the City of Malvern with a correction in Section 19 to state Mayor or City Clerk, deleting City Administrator. Other changes included adding Non-Exclusive franchise language and to also include that Spiral Communications will pay to have our City Attorney create the ordinance to fit our normal format and all associated publishing costs. The City is to receive 3% annual gross revenues. Phelps seconded. Motion carried. All ayes.

Phelps motioned to approve the water tower agreement with Spiral Communication to be able to provide internet service in and around Malvern. Modifications requests include free internet service to the Library, City Hall and the City Shop when available as Spiral Communication to pay all property taxes associated with their towers. Moreau seconded. Motion carried. All ayes.

Mrs. Deb Breeding with Malvern Area Betterment Association was present to ask for assistance from the Street Department to water the planters that will be placed in the nodes downtown.

Councilmember Pelzer recommended that Mrs. Breeding contact the business owners to help MABA water the planters that are placed by their businesses.

Mrs. Breeding also asked about the tree on the corner of 6th & Main Street. The Street Department will look into this.

DEPARTMENT UPDATES:

PeopleService, Tim Snyder – The east well is still operating with the temporary submersible and have not had any issues keeping up with the demand. They are looking to reinstall the well possibly this week or the first of next week. They would like to schedule hydrant flushing the first week of May but that depends on the well.

Pelzer motioned to have Maquire Iron power wash the water tower this fiscal year at the cost of $5,450 and to amend the budget. Jaschen seconded. Motion carried. All ayes.

Shere motioned to go with the water committee’s recommendation to increase the sewer rate unit charge to from $4.45 to $5.20 per 1000 gallons over the minimum base rate effective July 1, 2014. Phelps seconded. Motion carried. All ayes.

Moreau motioned to table the discussion and potential renewal of the PeopleService contract until the May 12th meeting. Jaschen seconded. Motion carried. All ayes.

Street Superintendent Report, Dave Hoose – The Street Department has been installing and replacing signage around town and repairing broken curbing. They have also been doing cleanup due to the high winds lately and have assisted Williams Construction with cleanup at the City Shop.

They are getting the mowing equipment ready along with the street sweeper and miscellaneous equipment.

Dave updated the Council in regards to the corner of 6th & Main Street. Heartland Coop, Tim Jackson, Mayor Blackburn and Dave all met and it was agreed that Heartland Coop and Tim Jackson are doing the work and paying for the concrete with the help of the Street Department. The City will kick in the funds to make the curb and sidewalk handicap accessible.

Pelzer motioned to approve the Street Department to purchase up to $2,500 on tools. Moreau seconded. Motion carried. All ayes.

Approval of Resolution 2014-08 to add stop signs on 2nd Avenue and 6th Street going north and south died due to lack of motion.

Mayor Report

The City Council discussed the Mayors request to suspend the burn ban in Malvern to allow citizens to burn leaves and shrub once the County ban is lifted. No motion or action was taken.

Mayor Blackburn updated the Council in regards to the Legislative Coffee on April 5th attending by himself and Councilmember Shere. Iowa State Representatives Mark Costello and Joni Ernst were both present and discussed the wear and tear on our roads due to the Hwy 34 project and agreed to forward the information to the Department of Transportation regarding possible funding to help Malvern and our roads.

NEW BUSINESS:

Pelzer motioned to approve the liquor license renewal for Mulholland’s Grocery pending the dram shop insurance is in place. Phelps seconded. Motion carried. All ayes.

Shere motioned to approve Kholl’s Pharmacy’s Block Party Application for their health fair event on Tuesday, April 22nd from 4-7pm. Jaschen seconded. Motion carried. All ayes.

OLD BUSINESS: None

NUISANCE DISTRICT UPDATE:

SUMMARY OF ISSUES FROM MARCH 4, 2014-APRIL 14, 2014

District #1 – Kate Phelps – Requested that we send the property owner of 300-307 E. 2nd Street a certified letter in regards to the nuisance of that property. The nuisance letter was already sent regular mail. The certified letter will start the abatement time period from the date of the certified letter.

District #2 – Dwain Pelzer – Will follow up with his nuisance property located at 99 3rd Avenue.

District #3 – Doug Shere – Will follow up with his nuisance property located at 109 5th Avenue.

District #4 – Brian Jaschen – There was a verbal agreement in regards to the property located at 710 Main Street giving sixty (60) days to either sell the property or proceed with the siding of the house this spring. This agreement will expire May 1st.

District #5 – Fred Moreau – Will touch base with the property owner of 905 Lincoln Avenue regarding trash against the garage and reinvestigate the vehicles and parking situation.

Shere motioned to adjourn. Being no further business, the meeting was adjourned at 8:50p.m.

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Mayor, Michael K. Blackburn City Clerk, Shari L. Mueller