Regular Meeting April 15, 2009 Page 4
The Hiawatha City Council met in regular session in the Hiawatha Council Chambers on April 15, 2009. Mayor Tom Theis called the meeting to order at 7:00 P.M. Present: Marty Bruns, Dick Olson, Linda Bendixen, Nancy Melsa and Bob Rampulla. Staff present: Interim Finance Director/Deputy City Clerk, Cindy Kudrna; Community Development Director, Mark Powers; .City Engineer, Dick Ransom; Street Superintendent, Rod Jasa. Guest present: Gazette Reporter John Schweitzer, Joe Ahmann, and Dan Hoffman.
Mayor Theis asked the council to remove item #5 –Hearing request for an appeal in regards to propertied owned by Charles Visek at 95 11th Avenue from the council agenda as per Mr. Visek’s request. Marty Bruns moved the approval of the agenda, second by Bob Rampulla. Motion carried. Bob Rampulla moved approval of the following Consent Agenda items: Bills presented; Finance Director’s Report for March 2009; City Clerk’s Reconciliation Report for March 2009; Department Reports: Community Development, Finance, Police, Fire, and Maintenance; Mayor’s report; Approval of Special Class C Liquor License renewal for Tomaso’s Pizza & BBQ at 1061 N. Center Point Road effective April 30, 2009, second by Linda Bendixen. Motion carried.
Ordinance #634 Amending Code of Ordinance – Chapter 15 Mayor
Mayor Theis opened the public hearing at 7:03 P.M. for council consideration amending the Code of Ordinances Chapter 15 §15.02 Powers and Duties (1) adding Mayor supervision and direction to the Fire Chief and City Clerk. Both the Fire Chief and the City Clerk will report directly to the Mayor and/or council and §15.03 Appointments adding #11. History Commission members. No written or oral comments were received. Mayor Theis closed the public hearing at 7:03 P.M.
Council member, Marty Bruns placed Ordinance #634 on it’s first reading amending the Code of Ordinances by amending Chapter 15 Mayor §15.02 Powers and Duties and §15.03 Appointments, second by Council member Dick Olson. Motion carried.
Council member, Dick Olson moved to waive the second and third reading of Code of Ordinances Chapter 15 Mayor §15.02 Powers and Duties and §15.03 Appointments, second by Council member Nancy Melsa.
Roll call:
AYES: Linda Bendixen, Bob Rampulla, Nancy Melsa, Dick Olson, Marty Bruns
NAYS: None
Motion carried.
Council member, Dick Olson moved the adoption of ORDINANCE #634 amending Code of Ordinance - Chapter 15 §15.02 Powers and Duties (1) adding Mayor supervision and direction to the Fire Chief and City Clerk. Both the Fire Chief and the City Clerk will report directly to the Mayor and/or council and §15.03 Appointments adding #11. History Commission members. second by Council member, Marty Bruns.
Roll call vote:
AYES: Nancy Melsa, Dick Olson, Marty Bruns, Linda Bendixen, Bob Rampulla
NAYS: None
Ordinance #634 adopted.
Ordinance #635 Chapter 21-City Administrator Duties
Mayor Theis opened the public hearing at 7:05 P.M. for council consideration to amend the Code of Ordinance Chapter 21-City Administrator Duties §21.04 Duties (4) to state Supervision and Administrator. Have direct responsibility for the supervision, direction and administration for the following departments and offices and be directly responsible to the Mayor and City Council for the proper function of the same:
A. Treasurer’s Offices;
B. Building Department;
C. Streets and Sewers;
D. Park and Recreation Department
E. Building & Grounds Maintenance
and §21.04 Duties (9) changing the word fire to terminate. No written or oral comments were received. Mayor Theis closed the public hearing at 7:06 P.M.
Council member, Marty Bruns placed Ordinance #635 on it’s first reading amending Chapter 21-City Administrator Duties §21.04 Duties (4) and (9), second by Council member, Linda Bendixen.
Marty Bruns moved to waive the second and third reading of Ordinance #635 amending Chapter 21-City Administrator Duties §21.04 Duties (4) and (9), second by Nancy Melsa.
Roll call vote:
AYES: Dick Olson, Linda Bendixen, Bob Rampulla, Nancy Melsa, Marty Bruns
NAYS: None
Motion carried.
Council member, Linda Bendixen moved the adoption of Ordinance #635 amending Code of Ordinance Chapter 21- City Administrator Duties §21.04 Duties (4) to state Supervision and Administrator. Have direct responsibility for the supervision, direction and administration for the following departments and offices and be directly responsible to the Mayor and City Council for the proper function of the same:
A. Treasurer’s Offices;
B. Building Department;
C. Streets and Sewers;
D. Park and Recreation Department
E. Building & Grounds Maintenance
and §21.04 Duties (9) changing the word fire to terminate, second by Dick Olson.
Roll call vote:
AYES: Nancy Melsa, Marty Bruns, Dick Olson, Bob Rampulla, Linda Bendixen
NAYS: None
Ordinance #635 adopted.
Ordinance #636 Chapter 30-Police Department
Mayor Theis opened the public hearing at 7:07 P.M. for council consideration amending the Code of Ordinances Chapter 30 Police Department §30.06 Peace Officers Appointed to read as follows: The Mayor shall appoint, subject to Council approval, the Police Chief. The Mayor and the Police Chief shall hire the other members of the department. The Mayor, with the Council’s approval, may remove the Police Chief. No written or oral comments were received. Mayor Theis closed the public hearing at 7:08 P.M.
Council member, Nancy Melsa placed Ordinance #636 on it’s first reading amending the Code of Ordinances by amending Chapter 30 Police Department §30.06 Peace Officers Appointed, second by Council member Linda Bendixen. Motion carried.
Council member, Marty Bruns moved to waive the second and third reading of Ordinance #636 amending the Code of Ordinances Chapter 30 Police Department §30.06 Peace Officers Appointed, second by Council member, Nancy Melsa.
Roll call vote:
AYES: Bob Rampulla, Dick Olson, Linda Bendixen, Marty Bruns, Nancy Melsa
NAYS: None
Motion carried.
Council member, Linda Bendixen moved the adoption of Ordinance #636 Chapter 30-Police Department §30.06 Peace Officers Appointed to read as follows: The Mayor shall appoint, subject to Council approval, the Police Chief. The Mayor and the Police Chief shall hire the other members of the department. The Mayor, with the Council’s approval, may remove the Police Chief, second by Council member, Marty Bruns.
Roll call vote:
AYES: Dick Olson, Bob Rampulla, Nancy Melsa, Linda Bendixen, Marty Bruns
NAYS: None
Ordinance #636 adopted.
Setting Public Hearing-Amending Chapter 106 Resource Recovery & Refuse Disposal §106.06 Frequency of Collection
The City Council reviewed packet information the sets new requirements for garbage dumpster enclosures at Commercial, Multi-Purpose Family and Industrial Properties and provide the same requirements within one year on all existing properties. Community Development Director, Mark Powers stated the consideration of the new requirements is a positive change and will assist in making Hiawatha a better community to live, work, and play and requested the council set a date and time for the consideration of amending Code of Ordinance Chapter 106 Resource Recovery & Refuse Disposal §106.06.
Council member, Linda Bendixen shared concerns with making it mandatory for all commercial businesses to enclose their dumpsters, Bendixen understood the reason for the amendment, but wondered if they could be less restrictive. Bendixen stated that the issue is with condos with several units and apartments.
Council member, Marty Bruns said he would agree but realizes that restaurants also have the over flow of garbage as do the condo’s and apartments.
Community Development Director, Mark Powers address the council member’s concerns and stated he would inventory the businesses to see how many would be affected.
Council member, Dick Olson moved to set the public hearing date for May 6, 2009 at 7:00 P.M. to consider the amendment of Code of Ordinance Chapter 106 Resource Recovery & Refuse Disposal §106.06 Frequency of Collection, second by Council member, Bob Rampulla. Motion carried.
Setting Public Hearing Amending FY09 Budget
Council member, Linda Bendixen moved to set a public hearing date for May 6, 2009 at 7:00 P.M. to consider the FY09 Budget amendment, second by Bob Rampulla. Motion carried.
2009 Hydro-Seeding Services
The City Council reviewed bids the hydro-seeding bids that were discussed during the April 1st meeting. They were as follows:
<2000 Sq. Ft. 2001-8000 Sq. Ft. >8000 Sq. Ft. Watering
Greg’s Lawn $0.10 $0.08 $0.05 $45.00/hr
Ultralawn* 0.11 0.10 0.095 40.00/hr
Kurt’s Ent. 0.15 0.13 0.12 36.00/hr
*=Deduct $0.015 per category if no grading is required
Street Superintendent, Rod Jasa reviewed the quote process for hydro-seeding services with the council. Jasa stated that we use hydro-seeding services for only the larger projects such as capital projects that we have contracted out and those areas are traditionally over 8,000 sq. ft., very little is used for the smaller projects because smaller projects are done by staff.
Council member, Bob Rampulla presented RESOLUTION#09-062 awarding contract for the 2009 Hydro-Seeding Services to Greg’s Lawn & Landscaping as quoted, second by Council member, Linda Bendixen.
Roll call vote:
AYES: Nancy Melsa, Dick Olson, Marty Bruns, Bob Rampulla, Linda Bendixen
NAYS: None
Resolution #09-062 adopted.
2009 Pavement Marking Services
The City Council reviewed the quotes for pavement marking services they are as follows:
L.L. Pelling
Gee Grading
Council member, Bob Rampulla presented RESOLUTION #09-063 authorizing execution of pavement marking contract agreement to L.L Pelling Co. of North Liberty at the cost of $9,347.63 for each application of all city centerlines, dividers, and shoulder stripes for the period of April 20, 2009 to June 12, 2009. All pavement markings must be completed by June 12, 2009, second by Council member, Marty Bruns.
Roll call vote:
AYES: Nancy Melsa, Linda Bendixen, Dick Olson, Marty Bruns, Bob Rampulla
NAYS: None
Resolution#06-063 adopted.
Public Works Week-May 17-23, 2009
Street Superintendent, Rod Jasa presented a Public Works Week flier inviting the council and the community to attend a open house celebrating National Public Works Week on May 19, 2009 from 4-6:00 P.M.
Amending Designating Standard Rates for City Operated Equipment
The City Council reviewed the revised designated standard rates for city operated equipment with minor changes. City Clerk, Kim Downs requested rate increases only for four (4) pieces of equipment they are as follows:
Tractor (loader or backhoe/breaker) $90.00
Tractor (loader or backhoe/breaker) after hours $150.00
Vacuum Excavator $100.00
Bobcat $75.00
Council member, Linda Bendixen presented RESOLUTION #09-064 deleting RESOLUTION #07-068 in its entirety, and designating new standard rate per hour for City operated equipment in the event it is used by City employees to do work on private property to ensure the public safety, second by Marty Bruns.
Roll call vote:
AYES: Bob Rampulla, Dick Olson, Nancy Melsa, Marty Bruns, Linda Bendixen
NAYS: None
Resolution #09-064 adopted.
Assess Property Taxes for Delinquent Accout-311 Parsons Drive
The Council reviewed and discussed the documents notifying the property owner (311 Parsons Drive) of their outstanding invoice in the amount of $156.90 for the removal of two appliances that was located on their property in February of 2009 by the city staff.
Council member, Bob Rampulla moved to postpone the certification to the County Treasurer Office for the collection of a delinquent account of services performed by the City of Hiawatha for removal of two appliances and directed the Mayor to visit with the property owner before authorizing the certification, second by Council member, Dick Olson. Motion carried.
Water Board Member Dick Larson Resignation
Water Board Member, Dick Larson has submitted a letter of resignation, effective April 20, 2009.
Council member, Marty Bruns regretfully accepts the resignation of Dick Larson, second by Dick Olson. Motion carried.
Request for Proposals Attorney Services Document Review
The City Council reviewed the request for proposals (RFP) document created for Attorney Services.
Council member, Linda Bendixen moved to postpone sending out the RFP’s until the city has a City Administrator on staff, second by Dick Olson. Motion carried.
Hiawatha North Edgewood Road Fourth Addition- Accepting Improvements and Releasing Development Agreement
The City has received a request from Primahne Associates, LLP asking the City to accept the improvements and release the development agreement of Hiawatha North Edgewood Road Fourth Addition. The City has received both of the City Engineer and the Water Departments recommendation to accepting the improvements and the release of the development agreement.
Council member, Linda Bendixen presented RESOLUTION# 09-065 accepting improvements and releasing the development agreement for Hiawatha North Edgewood Road Fourth Addition, second by Council member, Marty Bruns.
Roll call vote:
AYES: Bob Rampulla, Nancy Melsa, Marty Bruns, Linda Bendixen, Dick Olson
NAYS: None
Resolution #09-065 adopted.
Bob Rampulla moved to adjourn at 8:03 P.M., second by Linda Bendixen. Motion carried.
_____ Thomas A. Theis, Mayor
ATTEST:
Kim Downs, City Clerk