city of melbourne city of melbourne - newz groupapr 18, 2019 · money will be collected at city...
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Legals are yourright to know!
Thursday, April 18, 2019-ENTERPRISE-PAGE 6 PUBLIC NOTICECITY OF MELBOURNE CITY OF MELBOURNE
CITY OF MELBOURNE
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0Melbourne City CouncilBudget Meeting @ Library Basement
April 8, 2019Melbourne City Council met in regular
session on April 8, 2019 at 7:00 pm at theMelbourne Library basement. Councilmembers present were C. White, Juel,Gibbs and Stahl. Absent was Bunting. Alsopresent were Mayor John White, Chief MikeBall and Clerk Mary Pothast, Sara Mechtel,Judi Pfantz, Steven Carver, Kyle DeRos-sett, Kayla White and Andrew Pool. MayorWhite called the meeting to order at 7:00pm with the pledge of allegiance. Motion toapprove the agenda, minutes and billsmade by Juel, 2nd by Gibbs. Vote was allayes.
There were no public comments at thebeginning of the meeting. In new business,Kayla White and Kyle DeRossett proposedusing area to the east of the library in thepark for a 3rd and 4th grade football campJune 27-29. They will purchase insurancefor the event and the city is in no way re-sponsible for anything. Council concurred itwas a terrific opportunity for the local kids.Motion made by C. White with a 2nd byStahl to approve the use of the park andthe event. Vote was all ayes.
Mayor White moved the building permitsto the next item. Kevin Rankin at 606 MainStreet wants to erect two sheds in his back-yard. The distances from the property lineswere fine. Steven Carver at 106 3rd Avenuewants to add a lean-to onto his garage.Property distances are all fine as well. Mo-tion made by Gibbs with 2nd by Juel to ap-prove the permits. Vote was all ayes. Nexton the agenda was town garage sales. JudiPfantz and Sara Mechtel are planning theevent. It will be June 1 from 8 am to 2 pm.There will be a town-wide garage sale anda trunk sale at the rec center parking lot.Businesses such as Scentsy are welcometo set up at that area as well. They havecontacted a taco truck and the New Hori-zons women are providing rolls and coffeeand beef burgers for lunch. There will besignage and advertising for the event andmaps available at the church and library.The Friends group will be having a garagesale from 9-1. Money will be collected atcity hall to be included on the map. The feeis $2 as of now.
Next was the first reading of the fire-works ordinance, an Amendment to Chap-ter 45 to coincide with state law for sales,but prohibit the use of commercial fireworksas in the past. The use of novelty fireworkssuch as snakes, sparklers and poppers isallowed. Motion made by C. White with 2ndby Juel to pass the Ordinance Amendment.Roll call vote was 4 ayes, with Bunting ab-sent. Motion passed. Motion to waive both2nd and 3rd readings made by Stahl with2nd by C. White. Roll call vote was all ayes.Clerk was directed to publish the ordinance
in the Mid Iowa Enterprise. The ordinanceis also available at City Hall to read.
Next was the question of hiring a parttime mower for the summer for the parksand city property. Council felt it would be agood idea to allow the PW employees to doditching and other things that will need tobe done this summer. Clerk was directed tofind out if there are any age requirementsfor the position from the insurance com-pany and post the job for ten days as re-quired by Veteran’s Preference law.Applications will be taken at City Hall whenthe job is posted. Applications would thenbe turned over to the personnel committee.
Clerk approached council on redoingthe city website, as it is not compatible withWindows 10 and was done in 2009. Shehad a quote from BDH who had set it up ini-tially and price comparisons from 2 othercompanies. In the long run, BDH will be theleast expensive to upkeep and clerk was di-rected to go through them for the work.
In old business, Juel made a motion toset clean-up day as June 3-7. 2nd byGibbs. Vote was all ayes. In additional de-partment information, Mayor White men-tioned we had had some complaints aboutbarking dogs. Chief Ball offered to stop byand talk to them and let them know the nextcomplaint that comes in will result in a $100fine. Ball had also made a list of cars andwill speak to each one before sending a let-ter. He asked clerk to send a letter to DirkZuercher asking the status of the vehicle hehas in the city lot, as we do not have a cur-rent phone number. Assistant Fire ChiefGibbs asked that clerk post on Facebookthat residents are not to leave burning firesunattended in the streets. Someone mustbe in attendance at all times. Gibbs andStahl did an alley survey regarding numberof garages on each alley. The street com-mittee will meet and decide the priority listof rocking the alleys. Juel suggested a 3-5year plan. He also mentioned that when wegrind down the streets this year for streetwork, that we use the millings for the alleys.If they decide an alley should not be used,they have the option of putting a sign upprohibiting traffic.
Motion made by C. White with 2nd byGibbs to adjourn. Meeting adjourned at7:48.
EXPENSES: General $37,939.98,ROAD USE $5945.02, EMP BENEFITS1378.70, WATER 13,645.67, SEWER7989.58. TOTAL: 66,898.95.
REVENUE: GENERAL $8046.31,ROAD USE $7364.25, EMP BENEFITS368.18, EMERGENCY 65.31, LOST FIRE791.87, LOST 1ST RESP 791.87, POOL2474.11, LOST REC 817.16, WATER$14,775.59, SEWER $17,478.54. TOTAL:$52,973.19
PUBLISHED BEFORE APPROVAL.
ORDINANCE CHAPTER 45AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
MELBOURNE, 2019 BY AMENDING PROVISIONS PERTAINING TO PUBLIC OFFENSESBE IT ENACTED BY THE City Council of the City of Melbourne, Iowa:
SECTION 45.23 of the Code of Ordinances of the City of Melbourne, Iowa, 2019, is re-pealed and the following adopted in lieu thereof:
45.23 FIREWORKS.1. Definitions. The term “fireworks” includes “consumer fireworks”, “display fireworks”,
and “novelties” as defined by Iowa Code Section 727.2(1).(a)“Display fireworks” includes any explosive composition, or combination of explosive
substances, or article prepared for the purpose of producing a visible or audible effect bycombustion, explosion, deflagration, or detonation, and includes fireworks containing any ex-plosive or flammable compound, or other device containing any explosive substance. “Dis-play fireworks” does not include novelties or consumer fireworks enumerated in chapter 3 ofthe American Pyrotechnics Association’s Standard 87-1.
(b) “Consumer fireworks” means first-class consumer fireworks as described in theAmerican Pyrotechnics Association Standard 87-1, chapter 3, such as:
(1) Aerial shell kits and reloadable tubes. (2) Chasers.(3) Helicopter and aerial spinners.(4) Firecrackers.(5) Mine and shell devices.(6) Missile-type rockets.(7) Roman candles.(8) Sky rockets and bottle rockets.(9) Multiple tube devices that are manufactured with APA-87-1, section 3.5.
(c) “Novelty” A device containing small amounts of pyrotechnic and/or explosive compo-sition but does not fall under the category of consumer fireworks. Such devices produce lim-ited visible or audible effects. Examples are snakes, tanks, poppers, and snappers.
2. Regulations. All fireworks are subject to the following regulations:a. Display fireworks shall not be used within the City unless a permit for such use has
been granted by the City Council, after appropriate application has been made in writing.Any use of display fireworks shall be overseen by a competent operator at all times. TheFire Chief shall have the discretion in all situations to prohibit all use of fireworks if, in his orher judgment, it would be too dangerous under the particular conditions to use them. Nopermit shall be granted unless the applicant provides proof of insurance in the followingamounts:
i. Personal Injury - $250,000.00 per person.ii. Property Damage - $50,000.00 per occurrence.iii. Total Exposure - $1,000,000.00.
b. The use or exploding of consumer fireworks is prohibited at any time within the Citylimits. The use of novelties per definition is allowed.
c. Consumer fireworks and novelties may be sold in accordance with Iowa Code Section727.2.
3. Enforcement. Any violation of this Section is punishable by a civil penalty of $250.00per violation.
4. This ordinance shall be in effect as of from and after its final passage, approval andpublication as provided by law.
CITY OF MELBOURNERESOLUTION NO. 19-03-02
Setting the height of vegetative matter in the City of Melbourne.WHEREAS, Section 50.04 of the Code of Ordinances of the City of Melbourne allows the
council to control the height of vegetative matter growing within the City, and WHEREAS, Section 50.09 of the Code of Ordinances of the City of Melbourne allows the
Council to determine that a nuisance exists by the reason of the continuing maintenance ofa nuisance such as the growth of vegetative matter in excess of six inches allowed by thisresolution, and
WHEREAS, any property within the City of Melbourne, whether vacated or non-vacated,is required to be mowed any time the vegetation reaches a height of more than 6 inches,and
WHEREAS, the excessive growth or height of certain vegetative matter constitutes ahealth and safety hazard and is injurious to health, unreasonably offensive to the sensesand obstruction to the free use of property so as to unreasonably interfere essentially withthe comfortable enjoyment of life and property, and
WHEREAS, the City Council of the City of Melbourne desires to protect the public healthand safety of the citizens of Melbourne.
NOW THEREFORE BE IT HEREBY RESOLVED, that the presence of vegetative mattergoing to seed is in violation of Section 50.02 (9) of the Code of Ordinances of the City ofMelbourne and not allowed under the variance granted by this resolution and is hereby de-clared to be a nuisance, and
BE IT FURTHER RESOLVED, that a variance to the requirements of Section 50.02 (9) ishereby granted for private household vegetable and flower gardens, provided that these gar-dens are kept reasonably weed free and do not become a fire hazard or habitat for vermin,conceal dangerous materials or obstruct vision for traffic or pedestrians, and
BE IT FURTHER RESOLVED, that any property which is not mowed starting the 15thday of the month of April, and continuing for the months of May, June, July, August, Septem-ber and October of each year may be mowed by the City of Melbourne or their agents, and acharge of $100 per hour, per person for such mowing, with a minimum charge of $200. Anyproperty owners who fail to mow their properties, thus allowing the same to be mowed bythe City or their agents, and who do not provide payments for the mowing as required, willbe assessed by the City for such costs, which will be collected in the same manner as gen-eral property taxes, or by the State Income Offset Program.
BE IT FURTHER RESOLVED, that this resolution hereby constitutes a determination bythe City Council that an emergency exists by reason of any person failing to comply with therequirements of Section 50.02 (9) of the Code of Ordinances of the City of Melbourne andthis resolution so the City, under the provisions of Section 50.09 of the Code of Ordinancesof the City of Melbourne, may perform any action necessary to abate the nuisance withoutfurther notice and shall assess the cost of the abatement to the property owner under theprovisions of Chapter 50 of the Code of Ordinances of the City of Melbourne, and
BE IT FURTHER RESOLVED, that annual publication of this resolution will serve as no-tice to citizens and property owners for the duration of the growing season. Notice will beposted at the Melbourne Post Office, Melbourne bank, City Hall and the Melbourne Library.No warnings will be mailed individually. Any billings for mowing done by the city or theiragents are to be sent by regular mail and are payable within 30 days of billing date.
CLAIMS REPORT CITY OF MELBOURNE MARCH 2019VENDOR REFERENCE AMOUNT ADAMS DOOR COMPANY/DH PACE GARAGE DOOR FOR CITY HALL SHOP 3,315.00 ALLIANT ENERGY UTILITY (ELECTRIC) 3,179.14 ARNOLD MOTOR SUPPLY WINTER BLADE SNOWPLOW 15.88 CAROL DEAN LIBRARY CRAFT SUPPLIES 15.95 CITY OF MARSHALLTOWN MONTHLY LAB TESTS 304.00 COLONIAL LIFE PROCESS. CENTER COLONIAL LIFE 90.14 CONSUMERS ENERGY LAGOON 489.27 DEPT OF PUBLIC HEALTH POOL REGISTRATION 70.00 DIAMOND VOGEL PAINTS PAINT FOR SNOW PLOW 54.01 gWORKS USER GROUP MEETING MARY/DEB 180.00 HAWKINS,INC lpc-5 and azone 15 227.99 HOME RENTAL CENTER SNOW BLOWER REPAIRS 220.25 IOWA DEPARTMENT OF TRANSPORT BLADE DRAG FOR PLOW 59.41 ICAP PROPERTY INSURANCE 24,599.04 IOWA REGIONAL UTIL ASSN 1,052,000 GALLONS 4,050.00 IPERS IPERS 968.68 IPERS IPERS 1,312.73 JAMES PFANTZ REIMB CELL PHONE 50.00 JAMES PFANTZ JIM NEW SAFETY JACKET PW 128.37 JAMES PFANTZ MILEAGE FOR POOL CLASS 55.10 JOHN DEERE FINANCIAL LIGHTBULB 26.02 JOHN WHITE MILEAGE TO MEETINGS 61.48 MARSHALL COUNTY ENGINEER SAND/SALT FEB 6-26 2,211.94 MARY POTHAST REIMB CELL PHONE 76.60 MARY POTHAST MILEAGE TONER/REG 6/COURTHOUSE 37.12 MARY POTHAST MILEAGE TO MEETINGS, SUPPLIES 38.39 MCATEE OIL CHANGE POLICE CAR 37.00 MELBOURNE POSTMASTER 3 rolls stamps 256.70 MENARD'S AIR FILTER 16.63 MID IOWA ENTERPRISE PUBLICATIONS BUDGET/MINUTES 271.37 MIDWESTONE BANK - PAYROLL FED/FICA TAX 1,653.10 MIDWESTONE BANK - PAYROLL FED/FICA TAX 1,640.35 MIDWESTONE BANK SKIDLOADER DOOR/SHIPPING 1,894.59 MIKE BALL CELL PHONE REIMB 65.00 MARSHALLTOWN WATER WORKS COLITAG ANALYSIS 14.00 NELSON FABRICATION PORTA TANK WORK FIRE 557.82 NEW CENTURY F S DIESEL 871.02 PARTNER COMMUNICATIONS, INC. MONTHLY PHONE BILL 409.85 RICKEN TILING, INC WATER MAIN BREAK 1,780.00 SAM'S CLUB/6568 SUPPLIES REC & OTHERS 100.00 CARTWRIGHT, DRUKER & RYDEN LEGAL 550.00 STATE TREASURER OF IOWA STATE TAX 594.00 STONE SANITATION GARBAGE PICKUP 144.21 U S CELLULAR 1ST RESP TABLET 98.37 USA BLUE BOOK SAFETY CABINET 1,071.98 VISA - LIBRARY BOOKS FROM AMAZON 163.41 DAVID WERMAGER LEASE PAYMENT PUBLIC LOT 1,000.00 WHEELER WHIP GOLF CART FLAGS 296.00 XEROX CORPORATION LEASE/COPIES 208.89 Z LINE LTD SNOWPLOW PARTS 60.86 **** PAID TOTAL ***** 55,591.66 ***** REPORT TOTAL ***** 55,591.66
Waverly, IA was the townfor the MATTumbling/Trampoline totravel to for a two-day tram-poline and tumbling event.MAT had a few new mem-bers compete at this meet, soit was nice to see some newfaces having fun. The GreenTeam had a terrific competi-tion with several team mem-bers placing high on thepodium. Ron Brooks stated“We have the potential tohave a very strong teamheading into the last coupleof meets before state and Na-tionals. Many are learningand making great adjust-ments to make great thingshappen for themselves.” Thenext meet the MAT team willbe their home meet, whichwill be their last meet beforethe Iowa State Champi-onship which will be inAmes on April 27th& 28th.Following are the resultsfrom the Waverly meet.Tumbling Results:Sub Beginner Girls: age 4-
Makenlee Elliott, first place:age 5- Makenna Buss, sec-ond place; Audrey Caman-cho, fifth placeSub Beginner Boys: age 4-
Like Popelka, second placeBeginner Girls: age 5-
Nichole Harriman, secondplace; Makylah Cooling,third place; Kinnley Nieder-mann, fourth place; ShelbyYakel, sixth place; KaylynVanTassel, seventh place;Alorah Rubenbauer, eighthplace; Hannah Peters, ninthplace: age 7- Ashlyn White-head, first place; JillianWhitehead, third place:age8- Ella DeMonte, firstplace; Alyssa Popelka, firstplace: age 9- Olivia Mc-Namee, first place: age 10-Destiny Popelka, secondplaceAdvanced Beginner Girls:
age 7- Landrey Harris, sixthplace: age 8- GuadalupeBarajas, seventh place: age9- Ellison Wittkop, seventhplace: age 10- Journey Mc-Cart, second place; HarlieThatcher, first placeSub Novice Girls: age 9-
Caleigh Anderson, thirdplace: age 10- Olivia Ver-steeg, fourth place; DesirayPopelka, fifth place: age 13-14- Emma Nason, fifth placeNovice Girls: age 8- Avery
Polley, first place: age 12-Tasia Eicher, second placeIntermediate Girls: age 15
& over- Mikayla Creech,ninth placeSub Advanced Girls: age
11-12- Kylie Schuler, firstplace; Hanna Marting, sec-ond place: age 15-16- Mad-die Shelton, first placeAdvanced Girls: age 15-
16- Ella Marting, first place;Kyah Siegert, second place;Emma Marting, fourth place:age 17 & over- Noa Marting,first placeDouble Mini Trampoline
results:Beginner Girls: age 7-
Landery Harris, secondplace: age 8- Guadalupe
Barajas, first place; Ella De-Monte, first place: age 9- El-lison Wittkop, first place:age 10- Desiray Popelka,first place: Destiny Popelka,second place: age 11 & over-Kiance Roberts-Keahna, sec-ond placeNovice Girls: age 8- Avery
Polley, first place: age 9-Caleigh Anderson, firstplace: age 10- HarlieThatcher, first place: age 11-Paige Ward, first placeIntermediate Girls: age
12- Tasia Eicher, first place:age 13-14- Kaisa Stanley,first placeSub Advanced Girls: age
15-16- Mikayla Creech, thirdplaceAdvanced Girls: age 15-
16- Kyah Siegert, secondplaceTrampoline results:Beginner girls: age 8-
Guadalupe Barajas, thirdplace; Ella DeMonte, sixthplace: age 9- Ellison Wit-tkop, first place: age 10- De-siray Popelka, first place,Destiny Popelka, secondplace: age 11 & Over-Kiance Roberts-Keahna, firstplaceNovice Girls: age 7- Lan-
drey Harris, first place: age8- Avery Polley, secondplace: age 9- Caleigh Ander-son, first place: age 10- Har-lie Thatcher, second place:age 11- Paige Ward, firstplaceIntermediate Girls: age
12- Tasia Eicher, first place:age 13-14- Kaisa Stanley,first place: age 15-16-Mikayla Creech, first placeAdvanced Girls: age 15-
16- Kyah Siegert, secondplace
Paige Ward
Two DayMat Tumbling event
in Waverly
West MarshallGrandparent’s Day
April 12th
MARSHALLTOWN –The University of Iowa’spremiere touring repertorycompany, Dancers in Com-pany, will be bringing itstalents to Marshalltownthis month. The dancingtroupe will perform at theIVCE Conference Center(Dejardin Hall) at 3702 S.Center St. on Saturday,April 20, at 7 pm. Spon-sored by the Orpheum The-ater Center, theperformance is free andopen to the public.Now in its 35th year, the
University of Iowa’sDancers in Company pres-ents dances centered on thetheme of “taking ground.”Curated by company direc-tors Jessica Anthony andAlex Bush, this evening ofdancing engages with cur-rent and historical socialand political movementsthat bring marginalized
voices forward, as well asabstract and aesthetic in-vestigations of equity andspace. Doors will open at 6:30
pm. Admission is free withthe option of a free-will do-nation. Concessions will beavailable. Dancers In Com-pany is the touring reper-tory dance company of theUniversity of Iowa’s De-partment of Dance. Thecompany of twelvedancers, undergraduatesand graduate students,tours throughout Iowa andthe Midwest from March toJune each year performinglive concerts and lecturedemonstrations for audi-ences of all ages.The IVCCD Orpheum
Theater Center is ownedand operated by Iowa Val-ley Community CollegeDistrict.
University of Iowa’s‘Dancers in Company’to perform April 20
Over 130 grandparents took part in the West Mar-shall Kindergarten Grandparent’s Day held on Friday,April 12th.
Grandparents Mike and Becky Kielly listen to theirgrandson, Gage Kielly, read to them in the elemen-tary library.
This group of grandparents got comfortable readingto their grandchildren Savanna and Carter.
Coloring and crafting were part of the afternoon ac-tivities. -Photos submitted