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HomeMy Public PortalAboutAug 07 OFFICIAL MINUTES Mayor Wren opened the regular meeting of the Riverdale City Council at 7:03 p.m. on Tuesday, Aug 7, 2007. Roll Call: Present: Franklin, Ulrich, Stickler, Grindle, Absent: Halsey Also present: Floyd Bruns, Marie Randol, Bonita Grindle, Ann Shoultz, Jim Beran and Jim Mahler Agenda: A motion to approve the agenda with the removal of Resolution #2007-18 from Old Business was made by Franklin and seconded by Stickler. Roll call vote: all ayes, motion carried. Minutes: A motion was made by Franklin and seconded by Grindle to accept the minutes of the regular meeting of July 17, 2007. Roll call vote: Franklin-yes, Ulrich- abstained (absent from meeting), Stickler-yes, Grindle-yes, motion carried. Warrants: Grindle asked that an invoice from Mahler Concrete for storm sewer pipe repair in the amount of $3380.00 be added to the August 7, 2007 Warrants. Grindle reported a hole was found in the street on Manor Drive and Fieldcrest. The hole was due to a storm sewer break, the blockage has been removed and sewer pipe repaired and is back to normal. A motion was made by Franklin and seconded by Ulrich to approve the following warrants for payment with the addition of the invoice from Mahler Concrete in the amount of $3380.00. Roll call vote: all ayes, motion carried. August 7, 2007 General Fund ACCT # COMPANY DESCRIPTION AMOUNT 10-52 QUINT CITIES PETROLEUM fuel $41.53 10-53 RACOM CORPORATION Edacs Access $79.50 10-53 US BANK qc auto service $686.96 10-55 K & K HARDWARE hardware misc. $7.41 10-54 TOTAL COMMUNICAITONS 10 batteries $800.00 10-54 BRUCE BOWERS trophies for water fight $41.31 10-54 VERIZON WIRELESS monthly cell service $16.06 10-54 US BANK bearcat warehouse/scanner $223.45 10-55 K & K HARDWARE misc. supplies $35.36 10-55 US BANK P. Bowers/test fee EMT Basic $70.00 10-56 PHILLIS ROBERTS sew name patches on uniform $35.00 10-57 US BANK hyvee/food/pop/water for July 4th $121.21 10-57 US BANK Hyvee/pop & water $41.56 20-11 MAHLER CONCRETE curb repair and replacement $6,375.00 20-13 MAHLER CONCRETE repair to storm sewer pipe & street $3,380.00 20-13 MAHLER CONCRETE 3 manhole repair $1,350.00 20-100 AMENT, INC Bellingham Dr. Intake Replacement $608.03 20-30 MID AMERICAN ENERGY street lighting $981.28 20-40 SCOTT CARLSON remove broken limb at Elmhurst $150.00 40-30 CRIBBS LANDSCAPING CO monthly lawn care $1,181.79 40-40 K & K HARDWARE tents/chairs/popcorn mach./supplies $466.90 40-40 US BANK water for July 4th $15.08 40-40 US BANK july 4th candy $86.10 60-20 THERESA RALFS semi monthly $796.36 60-20 MARY FRANCES BLEVINS semi monthly $572.48 60-40 STANLEY, LANDE & HUNTER legal $7,504.45 60-51 MID AMERICAN ENERGY utilities $681.74 60-52 CRIBBS LANDSCAPING CO monthly lawn care $298.27 60-52 DECCO flag pole repair $251.80 60-61 QUAD CITY TIMES legal publication $368.82 60-62 PITNEY BOWES postage $500.00 60-62 MARY FRANCES BLEVINS water $7.76 60-63 MARY FRANCES BLEVINS hotel/food/gas Municipal Clerk Course $802.25 60-63 US BANK hostway/webhosting $69.95 60-63 US BANK late fee/finance charge $56.90 60-63 NORMA WREN reimbursement for postage $11.10 60-63 BI-STATE REGIONAL COMMISSION riverfront council meeting $8.10 60-63 IOWA ONE CALL service $4.50 80 AMENT, INC water tower park engineering services $4,800.00 Total Gen. Fund Warrants $33,528.01 SEWER FUND 90-20 CITY OF DAVENPORT $2,003.42 RECEIPTS Copy fees/service fee $36.75 CD interest QC Bank $2,449.70 CD interest QC Bank $2,449.70 OLD BUSINESS: A motion was made by Ulrich and seconded by Grindle to establish a public hearing for Water Tower Park bid review on August 21, 2007 at 6:00p.m. in the council chambers at Riverdale City Hall. Roll call vote: Franklin-yes, Ulrich-yes, Stickler-yes, Grindle-yes, all ayes, motion carried. The council discussed the snow removal specifications and contract. The issue of storing the salt by the contractor in accordance to any State or DNR laws was discussed. A motion was made by Ulrich and seconded by Franklin to approve specifications of the snow removal contract and for review of the snow removal contract by the City Attorney. After approval of the snow removal specifications and contract from the City Attorney the snow removal specifications can be released for bid. Roll call vote: all ayes, motion carried. Angela Reier (attorney) explained changes made to the Fee Schedule and Records Request Form. A motion to approve the revised fee schedule and records request form was made by Ulrich and seconded by Grindle. Roll call vote: all ayes, motion carried. The revisions made to the fee schedule and records request forms are as follows: Section C. Other Applicable Fees and Deposits: 2. Advance Deposits: If any requestor has not paid a previous amount due under this policy, the custodian shall require a full deposit for estimated services before processing a new request. Changes made to the records request form are: Initials of employee performing services and the word “weekly” added to Services(15 minutes free weekly). Ulrich informed the council that he has been in contact with Creative Deck and Fence to reschedule an installation date for the fence at Haven’s Acres Park. NEW BUSINESS: A motion was made by Stickler and seconded by Franklin to accept the two requests to serve alcohol in the community room on Aug 20 and Sept 12. Roll call vote: all ayes, motion carried. Grindle discussed a quotation from Tri City Blacktop, Inc. for a slag coat and repair of dips and deteriorated areas on South Kensington, Sycamore Lane and Wisteria Lane. A motion was made by Grindle and seconded by Stickler to approve the bid from Tri City Blacktop, Inc. for the amount not to exceed $19,000.00 (nineteen thousand dollars) for a slag coat and repair of dips and deteriorated areas on South Kensington, Sycamore Lane and Wisteria Lane. Roll call vote: all ayes, motion carried. Franklin brought up an issue of a catch basin by the bike path and a storm water inlet on east side of the bridge. Grindle and Mahler will investigate and get an estimate for the council’s consideration. Angela Reier (attorney) discussed with the council their concerns regarding document request and document retention with the implementation of the City’s new electronic document system. Ms. Reier referred to a letter given to Mayor Wren from Stanley, Lande and Hunter which states in part … The city council statute, Iowa Code § 372.13 (5), requires cities to maintain records and documents “or accurate representations” for certain time periods-usually a minimum of five years. The open-records laws, Iowa Code Chapter 22, require cities to make city records that are “stored or preserved in whatever medium” available to the public. The language of both Iowa Code provisions seems to permit electronic storage of documents. This language is allowing the city to have photo copies of documents, except for documents that have historical meaning. Mayor Wren stated the process for the new electronic system is moving forward. A motion was made by Ulrich and seconded by Grindle to accept the proposal from McClung Painting & Wall Covering for the amount of $3,500.00 (three thousand five hundred dollars) to repair mold on the wall, paint ceiling, take off of existing wall covering, prepare wall and install new wall covering in community room at City Hall. Roll call vote: all ayes, motion carried. The council discussed a request from Pleasant Valley High School to install a sidewalk within the Belmont Road right-of-way. A motion was made by Franklin and seconded by Grindle to approve the sidewalk installation at Pleasant Valley High School in the Belmont Road right-of-way, subject to final inspection and approval by the designated City Engineer and the provision of an acceptable Hold Harmless Agreement by the Pleasant Valley Community School District. Roll call vote: all ayes, motion carried. A motion was made by Grindle and seconded by Stickler to accept the proclamation of Union Label Week. City of Riverdale Proclamation Whereas, Organized labor has always promoted the dignity and rights of all American workers; and Whereas, a strong American economy depends on good jobs at fair wages; and Whereas, buying union made goods and services helps preserve American jobs and strengthens the U.S. economy; and Whereas, products and services identified by a Union Label, Shop Card, Store Card of Service Button are guaranteed to be the best quality American- made products and services; Therefore, BE IT RESOLVED THAT the City of Riverdale does hereby proclaim the week of September 3-8, 2007 be know as Union Label Week. To honor those distinguished emblems of American working men and women, and call upon all citizens to make a concentrated effort to BUY AMERICAN and support the products and services identified by the Union Label, Shop Card, Store Card, and Service Button. Roll call vote: all ayes, motion carried. Mayor Wren gave a letter to the council from the DNR regarding a public notice regarding the Alcoa, Inc. application for Prevention of Significant Deterioration (PSD) Air Quality Construction permits modifying the stack characteristics of three In-Line Fluxer/Filter Boxes. The proposed project will remove the capture hoods, no longer venting any captured emissions directly to the atmosphere. A motion was made by Grindle and seconded by Stickler to approve work done by Mahler Concrete on Kensington Drive for the amount of $1,800.00 (one thousand eight hundred dollars). Roll call vote: all ayes, motion carried. COMMITTEE REPORTS: Ulrich reported picnic tables have been delivered and assembled. Stickler reported dumped brush at Bicentennial Park by the entrance. Stickler bundled it and had it picked up. Grindle reported that the curb and gutter and storm drain repair on Manor has been completed. Grindle will contact Scott Carlson regarding some tree removal and clean up around the City. Concerns were raised about keeping the catch basins clean of leaves and debris. It was suggested to have Cribbs Landscaping clean these areas while doing their lawn service. Stickler would like a notice put in the city newsletter regarding blowing mowed grass into the street. COMMUNICATIONS FROM COUNCIL AND OTHER OFFICIALS: Grindle thinks another storm basin at top of Manor Drive may be needed. It was suggested to have it looked at by an engineer. Mayor Wren informed the council that the signs have been ordered for Haven Acres Park. John Channon will let us know when they have come in; it will take about 3 weeks. Mayor Wren also stated the love seats for the community room will be in soon. Mayor Wren informed the council that the Auditor of the State review report came in last Wednesday, August 1st. The Mayor, Asst. Clerk, City Attorneys, and a Councilmember met with representatives from state auditor’s office to discuss the report. Mayor Wren suggested a meeting be set to discuss the Auditor’s report with the public. A motion was made by Ulrich and seconded by Stickler to have a public meeting on August 14, 2007 at 7 p.m. in the community room at City Hall to discuss the report in a public forum. Roll call vote: all ayes, motion carried. PUBLIC communications: Jim Beran stated he read the report online and would like to know who the citizens are that are concerned about accusations of libelous and slanderous acts and harassment towards them. Mr. Beran would like the auditor to give the names of the concerned citizen’s so the people of Riverdale will be sure not to harass them. Mr. Beran also questioned the report mentioning cars being parked at City Hall. Jim Beran suggested the council have the hydrants inspected and painted. A motion to adjourn was made by Grindle and seconded by Ulrich. Roll call vote: all ayes, motion carried. The meeting adjourned at 8:04 pm. ____________________ ____________________ Norma Wren, Mayor Theresa Ralfs, City Clerk OFFICIAL MINUTES Mayor Wren opened the public hearing for the review of the audit report from the Office of Auditor of State at 7:00 p.m. on Tuesday, August 14, 2007. Roll Call: Present: Franklin, Ulrich, Stickler, Grindle Absent: Halsey Also present: Bob Dean, George Miller, Mike Kleinsmith, Dale Hupp, Bonnie Keeley, Dennis Keeley, Marie Randol, Sonya Paddock, Cheryl Pelton, Bob Kramer, Amy Kramer, George Seaberg, Harry Pelton, Larry Shoultz, Jim Beran, Rosie Parry, Ralph Parry, Sandy Partridge, Mary Hanson, Richard Hanson, Jim Partridge, Patti Franklin, Rodney Fink, Tom Mack, Linda Mack, John Riches, John Taylor, Vivian Tinker, Pat Mohr, Carol Tucker, Senator David Hartsuch, Tim Curran, Jim Tucker, Eric Syverud, Ron McDaniel, Rosalee McDaniel, Regina Meer, Vi Stickler, Representative Linda Miller, Lou Wren, Maxine Doherty, Philip Doherty, Ken Hughes, Eldon Hansen, Helen Hansen, Steve Hunter (City Attorney), Bonita Grindle, Lois Kempton, John Kempton, Richard Wells, Allen Neely, Beverly Neely, Myra Halsey, Ann Shoultz and Sue Seaberg. This is a list of individuals that signed in; other individuals were present, but did not sign in. Mayor Wren welcomed everyone and asked that the public sign their names on the attendance record. Mayor Wren read the following statement: The special investigation from the State Auditor’s office, which has been underway for over one year, has concluded. Citizens Dr. Al Diercks and Ms. Tammy Picton have submitted documents requested from the city to the State Auditors office at the rate according to one field Auditor, of nearly a 100 documents per day. The city has been maligned from local newspapers, statewide newspapers, and even US newspapers. The complaintants have visited local talk shows, and put up copies of a check written to purchase fire department equipment as somehow lining someone’s pocket. All the while, the City could not respond, since the investigation was ongoing. The investigation has ended. Findings, in the words of representatives of the Auditor of State, were minor. There are three items identified for consideration: ‘The Fire Department maintained savings and checking accounts separate from other City accounts. The accounts were maintained by the Fire Chief and disbursements from the checking account were not properly supported. In addition, certain funds deposited to the checking account should have been deposited to the City’s General Fund.’ History: In the early 1980’s the Firefighters had been going door to door to ask for donations to buy pop, water, and for social events. The Council, at the time, saw this as demeaning, asking our volunteers to ‘beg’ for money. The Council authorized a line item on each year’s budget to give to the firefighters to manage their own pop, and occasionally a burger when they had been at a fire scene for a long time, as well as a spouse appreciation dinner annually. The city did not get receipts for all the purchases, as it was considered not to be ‘city’ funds any longer. When Floyd Bruns became Chief, he did not want to carry the City’s donation in cash, as was a practice at the beginning. He opened a checking account called the Fire Fund Account, separate from the City. It is into this account that funds were placed from the Grants awarded to the Department from their own efforts. Also deposited to this account were the moneys gained by the labors of the firefighters in ‘demanufacturing’ items received as scrap, disassembled, and sold into the scrap market. Approximately $24,000. was earned by the off time labors of the firefighters and placed into the account. All of this money has been used for the betterment of Riverdale for items and activities which the General Fund would otherwise have had to pay for. The Fire Fund has not been used, except for the check that Dr. Diercks and Tammy Picton had to pay, when they insisted they wanted copies of all the original checks from the department. (the Fire Fund has only carbon copies). The Judge listening, when the request was made, said Diercks and Picton could have the checks, but that they would have to pay the fees charged by the Credit Union to retrieve the checks. The deposit of that check is the only activity in the account in the last several years. The City is waiting for official direction about the dispersal of the last approximately $5,000 remaining in the Fire Fund account. Occasionally, Chief Bruns applied for Grant Funds for firefighting equipment such as ‘turn out gear’, radios, and a thermal imaging camera. The grants went into the Firefighter’s account, the Chief purchased the items, sometimes through his business to get discounts not available to the City, and a check was issued to the Chief to reimburse for the items. The benefit to the city has been significant. For example: Date 10-26-01, a Thermal Imaging Camera was purchased for the Fire Department safety use through Floyd Bruns’ business. The camera lists at $18,500. Floyd could get a business discount not available to the City and bought the camera for $14,625. Floyd Bruns was reimbursed by the city for the $14,000 amount. It was a copy of that check you saw Tammy Picton waving around the TV cameras for Channel 8 news suggesting that the check was improper and the Chief was taking funds which were not his. The funds that the Auditor is referring to regarding depositing in the General Fund includes: Grants from various sources for specific expenditures. For example: June 1, 1999, the Scott County Regional Authority gave a Grant Award which Chief Bruns applied for in the amount of $6,100. to replace a Defibrillator. The money was received into the Fire Fund and a check was issued on 7-6-99 to Medtronic Physio-control in the amount of $6,100. The Grant did not go into the City General Fund, however, it was expended exactly as the Grant required. June 2, 1999, the Riverboat Development Authority awarded a Grant, which was applied for by Chief Bruns, in the amount of $10,000 for Bunker Gear replacement. A check was issued from the Fire Fund in the amount 0f $10,000 to Danko Emergency Equipment for the purchase of that gear. From an outside insurance source: April 1998, a check for $2,227.75 was issued to the Fire Department from an insurance company after a Mutual Aid call to fight a large railroad tie fire in Calona Illinois. We understand that this payment was relative to the number of hours the Volunteer Firefighters spent over days fighting this fire. Product used to fight the fire was replenished to our department. ($520.61), with the remainder left in the Fire Fund. This remainder amount will be transferred as the Auditors suggested, to the General Fund. The second point from the Auditor’s report states: The City’s General Fund balance at June 30, 2006 exceeded $1.1 million while disbursements from the General Fund totaled less than $250,000 during the year. What the Auditor failed to acknowledge was the capitol projects identified in the budget that the money is amassed for. There are several capitol improvement projects of large amounts such as Belmont Road rebuilding, and a section of the New Orleans to Minneapolis Recreational Trail along the Mississippi. The moneys for these items and several smaller items are held in the General Fund. History: When the City of Riverdale put in place water, sewer, and road construction in the late 70’s and early 80’s, the City had to float bonds to pay for the projects. When those bonds were finally paid off in the late 80’s, of course having cost the City interest, the citizens and Council heard: ‘We will work at not ever having to borrow money for a project or infrastructure again.’ The City has followed that concept and never borrowed money since. This City Hall was built with cash; equipment was purchased with cash; repairs of infrastructure surprises are accomplished with cash. Thus what seems to be a large amount, has purpose. The third finding from the Auditor’s report states: The City does not have a written policy and procedures manual or an inventory of equipment. The City does have a written policy manual for Travel and Training. It was last revised March 2004. There are inventories of equipment, however, not in an easily assessed format. The Fire Department keeps meticulous records of hose pressures, pumps, oil changes and the like. To be noted: In the aftermath of 9-11, inventories of emergency and preparedness and security are not available to the general public. The Council will be discussing the recommendations of the Auditor regarding written policies, or other recommendations deemed appropriate for the size and responsibilities of our City. Mayor Wren asked for comments or questions from the public and requested that these be limited to three minutes and asked that the individual state their name. Mayor Wren also stipulated that if a question has been asked by someone prior, please do not ask the question again. Bob Dean asked if he was correct that the recommendations made to the city by the auditor are just recommendations and not required by law, but to be used to help make the City run better. Steve Wilson questioned the accounting procedures that the city uses. And asked why the City Council would not want to follow GAAP (Generally Accepted Accounting Principles) or GASB (Governmental Accounting Standards Board) and then the city’s books would not be in question. Mr. Wilson also questioned why the City does not have an inventory list and asked how the city could know if they are adequately insured without one. Mayor Wren stated the city has had regular audits done by Doyle and Keenan, but audit standards have changed and do not apply to small towns. Mayor Wren also stated the city does not have a list of inventory in one spot or a single file, but with effort one could be compiled. Franklin stated that he asked the auditor about the city generating an inventory list of items valued at one thousand dollars or greater. This is something the City Council will discuss. Mary Hanson stated she has been doing the City’s books for 25 years and that the city has always used a cash basis accounting system. The city had the books audited about every two years and had never been asked to change the accounting procedure. Ms. Hanson stated she was told at a state conference that the way books would be audited for a small city has changed, and a full audit was no longer practical for small cities because it is very expensive and a full audit covered areas not necessary for small cities. So a financial review was done the last time. Ms. Hanson stated the auditor recommended some policy changes for some things, and the council will have to decide what is necessary. Bob Dean stated the auditor themselves did not use GAAP accounting principals when they did the report for the city. Richard Wells stated his interest lies in the amount of money spent because of what has been happening. Mr. Wells stated the city should avoid the appearance of hiding things. Such as the minutes, with a notice of a meeting a day after it was mailed. Mr. Wells stated the council was “barking up the wrong tree” with the new document retrieval system because you can’t destroy the original documents. Mr. Wells stated there is nothing wrong with the Fire Department or the accounting system. Mr. Wells stated Riverdale should have their own public hearing on Belmont Road and the deer problem, to listen to the people. Franklin responded to Mr. Wells by stating it is his understanding that some documents have to be kept in their original form, such as minutes, but there are many documents that do not need to be kept in their original form. This is something the city has investigated, and continues researching what other cities are doing. Jim Beran asked everyone to turn to page 5 of the auditors report. And asked who the groups of citizens are that have been accused of libelous and slanderous acts, as well as instances of alleged harassment and who is accusing them. Mayor Wren stated the auditor did not know the names the citizens. Steve Hunter responded that certain areas of the report are responding to specific accusations and would not merit mention in a report if not for the accusations. Mr. Beran questioned why cars parked in the parking lot at City Hall were mentioned in the report; Mr. Beran stated that City Hall has a community room that is used regularly. Senator Hartsuch stated he has seen the audit report and as a past practicing CPA has audited many municipalities, and this report is comparable. The report has identified minor problems and the city will work on these issues as time goes by. Senator Hartsuch explained internal controls to the public and stated the City of Riverdale has those controls in place. Senator Hartsuch stated he is satisfied with the report and is quite pleased. Representative Linda Miller stated she would like to propose legislation to the Legislature in January about what is expected out of cities under populations of 1000. Representative Miller stated most cities are not doing as well as Riverdale. Riverdale has a large sum of money and when certain Funds are established that money will no longer be sitting in the General Fund. Pat Mohr suggested the city establish a fire truck fund and a road fund. Mayor Wren stated the City Council has already passed a resolution to establish a Road fund. George Seaberg thanked Senator Hartsuch and Representative Linda Miler for working behind the scenes to get the audit done. Rosie Parry asked how much the audit cost the city. Mayor Wren stated the State did not charge the city to do the report, but the cost of time and providing documents was horrendous. Mayor Wren also stated that field auditors were at City Hall for three days, and numerous documents were provided to them. Jim Tucker stated the areas in the report that needed attention by the City include accounts payable, request for payment, travel and inventory management. Mayor Wren stated there are a number of issues that need to be made clear in policy and a procedure manual and the City Council will be working on this. Jim Beran asked everyone to turn to page 11, and stated the computer was purchased before the City Clerk was even hired. Mayor Wren read a letter that she wrote and will be sent to Coreen Johnson and Annette Campbell at the State Auditors Office that clarify some mistakes in the auditors report. Mayor Wren stated the auditor will attach Mayor Wren’s response to the report online. To follow is the letter Mayor Wren wrote to the State Auditors office in response to the report: Coreen Johnson Annette Campbell, Thank you for your visit to Riverdale recently. Since that time, with opportunity to look closely at the report, I want to share several comments with you. First, the Council members are interested in the recommendations you have made and I am sure we will be discussing the recommendations in days to come. I have faxed to you a copy of the Travel and Training Policy that was revised in 2004, oddly enough on the same date as two of the reimbursements identified on page 8 of your report. It was on that date that, for the first time, alcohol was addressed in policy. Enclosed with this letter you will find a copy of the contract for the Zidego Band named ‘We’re Late and Smell Like Beer’ which performed at the 4th of July celebration. Please note that one of the terms of the contract was that the City would supply ‘Beer for Band and Vendor foods and Water’ Eric Syverud purchased the alcohol for the Band to comply with the contract terms. Thus we see one incidence (02-15-05) identified in your report as not following policy. On page 9 of the report item 4) Sam’s Club: Both Mr. Hupp and Mr. Bruns carry Sam’s Membership cards. Since they are not members of the same household, one card for the Chief, plus a second free card for the Asst. Chief is not possible according to Sam’s Club Rules. Because Mrs. Bruns is a member of Mr. Bruns’ household, her card can be complimentary, and at no cost to the City. The City of Riverdale cannot use a Company card because purchases are restricted to using a Company check. (see enclosed rules) Since the Fire Fund checking account is no longer used, and has not been used for several years, there is no check possible to use. All City checks are approved by Council before payment. On page 11 in the paragraph after the table, the City Clerk was hired after her father-in-law, who was installing new computers, discovered there was a job opening in the city and told his daughter-in-law about the opening. The computers were installed some time before the present City Clerk applied for the job. On page 13 under Motor Vehicle Accident: The Iowa Code 321.267A Traffic Accidents involving certified law enforcement officers or other emergency responders—Reports. ‘The officer’s or esponder’s employer shall certify to the department whether or not the accident occurred in the line of duty while operating an official government vehicle or during the responder’s deployment on an emergency call.’ Mr. Bruns’ accident with the city owned vehicle occurred in responding to a structural fire in LeClaire, Iowa. A deer ran out in front of the vehicle on Valley Drive. Mr. Bruns, at the time, did not think the damage was over $1,000.00. More importantly, according to how I read the Code, he, personally, did not have a duty to report this to the state. Thank You for allowing clarification. Senator Hartsuch stated to avoid frivols lawsuits and request in the future the legislature needs to have some kind of safe harbor provision. Representative Miller stated these provisions will help share the cost of between cities instead of each city inventing the wheel for the same issues, such as document retention. Jim Beran asked everyone to turn to page 8 and asked Eric Syverud to explain the improper reimbursement for alcohol. Eric Syverud stated he was surprised to see his name mentioned in the report and the alcohol was purchased for the band that played at the July 4th celebration in 2005, Mr. Syverud stated having beer provided was part of the band’s contract. John Riches (Community and Media relations for Alcoa) stated as a representative for Alcoa the largest tax payer of Riverdale, he would like to thank the Mayor and Council for their excellent managing of the funds of this city. Harry Pelton stated he felt some of the comments made tonight insinuated that the council does not care about the city. Steve Wilson asked Mr. Pelton if he was referring to him, and if he was that it is not true. Mr. Wilson stated he never said the council does not care about the city and he expressed one opinion. Mr. Pelton stated he would take back his comment. Mr. Pelton then stated the city has taken a beating in the media, and the record needs to be set straight. Mayor Wren stated she contacted every news entity that has commented on the City of Rivedale to let them know about tonight’s meeting. Mayor Wren then asked anyone from the media to please stand. No one from the media was present. Lois Kempton asked that the council leave it alone because the media never gets it straight. Regina Meer stated when she came to live in Riverdale in 1982 it was the best community. Ms. Meer asked for the fighting to stop and let’s get back to the way it was. John Taylor stated he has made no comment for or against the city on this issue until the report came out. Mr. Taylor stated there are a few minor things in audit, but they are minor and “I’m convinced it’s all ok.” Mr. Taylor stated the media has mostly been about the trial and the city had to pay Diercks attorney. Mayor Wren stated the insurance company paid Mr. Diercks attorney fees, not the city. Mr. Taylor stated the city did not win that case, and hopes the city brushes up on things. Mr. Taylor also stated he hoped the city gets the signs down. Mr. Taylor stated this person hates this person and we don’t need to hate each other. Pat Mohr stated the signs are the most childish thing he’s seen anywhere. Mr. Mohr stated the finances need to be kept obvious, if somebody does look into it. You keep your receipts. Mayor Wren stated the city has kept their receipts. Steve Hunter stated that additional money was raised by the firefighters by their own efforts but because the city deposited money into that account, it made it part of the city. All of the money was legitimately spent for city purpose. The money was budgeted, approved and then approved for payment. Ralph Parry stated “God bless the fire department”. John Kempton stated a full time fireman can cost $100,000 a year for each fireman. John Franklin stated the fire department has donated 3 ½ man years per year to the city. The meeting adjourned at 8:15 pm. ____________________ ____________________ Norma Wren, Mayor Theresa Ralfs, City Clerk OFFICIAL MINUTES Mayor Wren opened the regular meeting of the Riverdale City Council at 7:02 p.m. on Tuesday, August 21, 2007. Roll Call: Present: Franklin, Ulrich, Stickler, Grindle, Halsey Absent: None Also present: Angela Reier (attorney), Mary Frances Blevins, Richard Wells, Harry Pelton, Bob Kramer, Lou Wren, Marie Randol, James Mahler, Larry Shoultz, Bonita Grindle, Ann Shoultz, Rhonda Hill, Bob Dean, Christine Wren, Dick Hanson, Linda Veit, Jim Beran, Linda Hupp, Dale Hupp, Pat Mohr, Judy Krell, Rosie Parry, Jim and Sandy Partridge, Floyd Bruns and Tully Heath (Ament) Agenda: A motion to approve the agenda was made by Franklin and seconded by Halsey. Roll call vote: all ayes, motion carried. Minutes: Motion was made by Grindle and seconded by Ulrich to accept the minutes of the regular meeting of August 7, 2007. Roll call vote: Franklin-yes, Ulrich-yes, Stickler-yes, Grindle-yes, Halsey-abstain (absent from meeting) Motion was made by Grindle and seconded by Franklin to accept the minutes of the public hearing held on August 14, 2007 with one correction. Roll call vote: Franklin-yes, Ulrich-yes, Stickler-yes, Grindle-yes, Halsey-abstain (absent from meeting) Warrants: A motion was made by Ulrich and seconded by Stickler to amend the prior approved amount for Creative Deck and Fence for an additional $50.00 for a total amount of $2230.00. Roll call vote: all ayes, motion carried. A motion was made by Franklin and seconded by Grindle to approve the following warrants for payment. Roll call vote: all ayes, motion carried. August 21, 2007 General Fund ACCT # COMPANY DESCRIPTION AMOUNT 10-52 QUINT CITIES PETROLEUM fuel $258.65 10-53 SCBAS vehicle maintenance $57.38 10-53 TRI-STATE FIRE CONTROL calibration of meters/oxygen sensor $219.00 20-11 MAHLER CONCRETE & EXCAVATING remove & repair gutter Haven's Acres Area $1,800.00 20-30 DECCO st. light repair $867.09 20-90 ALLIED WASTE SERVICES monthly contract $2,300.00 40-30 THE OUTHOUSE monthly service $105.00 40-30 CREATIVE DECKS & FENCE #2 split rail for Haven's Acre Park $2,230.00 60-20 THERESA RALFS semi monthly $796.36 60-20 MARY FRANCES BLEVINS semi monthly $74.06 60-20 MARY HANSON monthly $73.45 60-20 US BANK monthly withholding $709.54 60-20 IPERS monthly $295.60 60-40 STANLEY, LANDE & HUNTER litigation regarding Park/Diercks $6,799.75 60-40 STANLEY, LANDE & HUNTER general $1,827.12 60-40 STANLEY, LANDE & HUNTER open records/open meetings $2,414.22 60-40 STANLEY, LANDE & HUNTER decalaratory judgement/M. Randol $3,937.66 60-40 STANLEY, LANDE & HUNTER water tower park $1,099.50 60-52 DECCO emergency panel at City Hall $3,111.00 60-52 MCCLOUD pest control $78.00 60-61 QC TIMES publishing $199.11 60-62 MEDIACOM monthly online service $45.95 60-62 PITNEY BOWES postage $161.69 60-63 NORTARY LAW INSTITUTE membership renewal/T. Ralfs $26.00 60-63 THERESA RALFS postage reimbursement $9.69 60-63 TERI STICKLER photofinishing $42.80 60-63 JACK FRANKLIN photofinishing $23.03 Total Gen. Fund Warrants $29,561.65 SEWER FUND: 90-20 City of Davenport $2,001.39 90-20 City of Davenport $7,427.23 RECEIPTS: EICCD salt usage $1,918.80 Copies $19.25 QC Bank interest $3,860.51 Room Rent Bowers $25.00 COMMUNICATIONS FROM COUNTY BOARD OF SUPERVISORS: Mayor Wren introduced Jim Hancock (Chair), Tom Sunderbruch (Vice-Chair) and Larry Minard of the County Board of Supervisors. Mr. Hancock highlighted the current target issues for Scott County. These issues are: Long-term mental health funding solution, jail service model transition, consolidated dispatch implementation, completion of comprehensive land use plan, continued proactive federal and state advocacy on issues impacting county and continue leadership in intergovernmental cooperation. Mr. Sunderbruch informed everyone about a Scott County, IA prescription discount card. This new drug card can give a 20% discount on prescription medicines that are not covered by insurance. To learn more visit https://naco.advancerx.com or for more information call toll-free 1-877-321-2652. UNFINISHED BUSINESS: A motion was made by Halsey and seconded by Stickler to accept Resolution #2007-19 a resolution to remove and replace stop signs. Roll call vote: all ayes, motion carried. Resolution #2007-19 states: RESOLUTION TO REMOVE AND REPLACE STOP SIGNS WHEREAS, several citizens of the City of Riverdale, Iowa (“Riverdale”), have raised questions and opinions regarding the necessity and effectiveness of certain stop signs controlling Riverdale intersections; and WHEREAS, the installation of stop signs is within Riverdale’s discretionary authority pursuant to Iowa Code §321.345; and WHEREAS, the safe and controlled flow of traffic at the designated intersections will be enhanced by the removal of the existing stop signs and installation of other traffic signals. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Riverdale, Iowa, that the stop signs currently located on Kensington Street at the intersection with Sycamore Street be removed and replaced with an informational sign regarding the presence of children in the area and an additional speed limit sign. Tully Heath from Ament, Inc. presented his findings and bid tabulations on the Water Tower Park project. Mr. Heath stated that the lowest bid was from Mahler Concrete & Excavating, then Kelly Concrete Construction and finally Brandt Construction. Mr. Heath stated there were some issues with Mahler’s bid because he had not listed a licensed landscaper on the bid, but Mahler has since stated he would replace the landscaper with Aunt Rhodies. If Mahler replaced the landscaper with Aunt Rhodies, Mahler would still be the lowest bid. Mr. Heath stated the two lowest bids came within 15% of each other. The council discussed at length the concrete stamping and staining portion of the project. Ulrich stated he has not been able to view all the samples of the concrete work. Grindle stated he has only seen two samples of the concrete work. Franklin stated the work on the compass rose would be intricate. The council discussed where samples of the concrete work are located. Stickler stated the stamping is a critical part of the sidewalk because of its artistic appeal to look like a river. Ulrich stated he would like the opportunity to look at the rest of the concrete samples before making a decision. Mayor Wren stated the council has the option to accept pieces of the project or the total project to stay within budget. Halsey stated he would like to see the city get on with the project, but there are too many grey areas right now. Franklin stated he would like to be sure who is doing the artisan work. Ulrich made a motion to table the issue of accepting bids for Water Tower Park until further information could be gathered to make a wise decision for the City seconded by Franklin. Roll call vote: Franklin-yes, Ulrich-yes, Stickler-yes, Grindle-yes, Halsey-yes. All ayes, motion carried. A motion was made by Franklin and seconded by Ulrich to accept Resolution #2007-21. Roll call vote: all ayes, motion carried. Resolution #2007-21 states: A RESOLUTION PROVIDING SURETY BOND FOR CITY OFFICERS AND EMPLOYEES PURSUANT TO RIVERDALE CITY CODE SECTION 5.02 WHEREAS Iowa Code Section 64.2 mandates that certain city officers and employees be bonded; WHEREAS Iowa Code Section 64.13 permits a city council to provide for a surety bond running to the city and covering all city officers and employees not otherwise covered; WHEREAS Riverdale Code Section 5.02 mandates that the City Council provide by resolution for a surety bond running to the City and covering the Mayor, Clerk, Assistant Clerk and other officers and employees as may be necessary and advisable; WHEREAS Iowa Code Section 63.15 permits city councils to fix the amount of bonds required of city officers. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Riverdale, Iowa, that the City shall obtain a surety bond in the amount of $5000.00 running to the City covering the Mayor, City Clerk, and Assistant City Clerk and the amount of $2500.00 for all other officers and employees who have the authority to handle and disperse public funds. This Resolution shall take immediate effect. The approval of signed bonds will be discussed at the next council meeting. NEW BUSINESS: The City Clerk informed the council about the city street financial report. A motion was made by Stickler and seconded by Grindle to accept Resolution #2007-18. Roll call vote: all ayes, motion carried. Resolution #2007-18 states: A RESOLUTION APPROVING THE CITY STREET FINANCIAL REPORT FROM JULY 1, 2006 TO JUNE 30, 2007 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA that the City Street Financial report for the year ending June30, 2007 be approved and the City Clerk is directed to file the report in the appropriate manner. The council reviewed a proposal from Mahler Concrete & Excavating. After some discussion by the council a motion was made by Grindle and seconded by Halsey to accept the bid from Mahler Concrete & Excavating for curb and gutter repair in Haven’s Acres area of Riverdale for the amount of $10,017.50. Roll call vote: all ayes, motion carried. The council reviewed a proposal from Mahler Concrete & Excavating. After some discussion by the council a motion was made by Grindle and seconded by Stickler to accept the bid from Mahler Concrete & Excavating for curb and gutter repair on Fenno Road and Fenno Drive for the amount of $9865.00. Roll call vote: all ayes, motion carried. A motion was made by Grindle and seconded by Franklin to accept the bid from Mahler Concrete & Excavating for repair to a storm inlet at Duck Creek bridge east side of bike path for the amount of $250.00. Roll call vote: all ayes, motion carried. Scott Carlson spoke to the council regarding tree issues in the city. After some discussion a motion was made by Grindle and seconded Stickler to accept a bid from Scott Carlson to selectively cut and spray the rest of the forest for invading tree types for the amount of $1,700.00. Roll call vote: all ayes, motion carried. After some discussion a motion was made by Grindle and seconded by Halsey to accept a bid from Scott Carlson for tree removal and trimming around the city and at the creek near the bike path for the amount of $925.00. Roll call vote: all ayes, motion carried. Rhonda Hill questioned if the trees are needed by the creek to hold back water. COMMITTEE REPORTS: Mayor Wren updated the council and public regarding deer management. Mayor Wren reported that Christman’s offered their services last year for $450.00 per deer that was split three ways between SCC, City of Bettendorf and Riverdale, but has significantly raised their prices for this years hunt. The president of SCC Dr. Coley, Bettendorf police Chief Reddington and Mayor Wren have decided to go out for bids. The City of Bettendorf has placed an ad in the paper to receive bids from anyone interested in doing a bow hunt. Mayor Wren gave the council a copy of last year’s deer management resolution for their review, and will discuss a new resolution at the next council meeting. It was discussed whether the farm land in Riverdale can be included in that hunt. COMMUNICATIONS FROM COUNCIL AND OTHER OFFICIALS: Ulrich reported the fence is finished at Haven’s Acres Park. Halsey asked when the new signs will be arriving. Mayor Wren expects them next week. . Mayor Wren said thank you to the wonderful volunteers of the Water Tower Park committee and stated the volunteers are the back bone of why we live here. Mayor Wren informed the council and public about upcoming workshops for the 2010 census. Mayor Wren stated there will be a recreational trail meeting on August 28, 2007 at Riverdale City Hall from 7-9 p.m. Mayor Wren stated there will be a Belmont Road open house Aug 27, 2007 at Pleasant Valley High school at 7p.m. PUBLIC communications: Jim Beran asked the council to ask the Welch family if they will participate in the deer hunt. Richard Wells asked if there was an ordinance against scaring the deer with blanks. Angela Reier (attorney) stated she would check into it for the next meeting. Rhonda Hill asked the council to consider a shelter and bike rack for the Haven’s Acres Park area. Jim Beran stated the city is responsible for the trees in the right of way. Mr. Beran stated the power company needs to be contacted to take care of trees over power lines. Grindle stated he would contact MidAmerican Energy. Jim Beran stated a new Riverdale telephone book is needed. The City Clerk stated a new book will come out in January. Richard Wells requested the council have a public hearing about Belmont road instead of the “show and tell” with the architects at Pleasant Valley High School. Mayor Wren stated two cities are involved with this project, and no land other than what is in the right of way will be affected. Mr. Wells stated he is concerned about all the mud that goes down Belmont Road and he does not want a sidewalk. Mayor Wren suggested Mr. Wells attend the next Belmont Road meeting. Mayor Wren explained to Mr. Wells that there is steering committee with representatives from Riverdale and Bettendorf that are working on coming up with a compromise together. Ulrich asked who is on the steering committee. Mayor Wren, John Franklin, Jeff Struve and Cheryl and John Channon are on the steering committee. Mayor Wren informed Mr. Wells that she would get the minutes to the steering committee meeting for him. Franklin explained some of the curb and gutter and drainage systems that will be implemented on the project. Franklin also reported that the grade of the road will be reduced, and the ditches on each side of the road will be filled. The water will be carried by storm sewer system. Franklin stated that sidewalks will be put on college property and the steering committee is still looking at the issue of the sidewalk and looking at the solution with the least impact for residents. Franklin stated that except for the base of Belmont Road, everything is in the right of way. Mayor Wren stated any sidewalk in Riverdale will not be maintained in the winter. Franklin stated traditionally there have been no sidewalks in Riverdale, and it is his opinion sidewalks would be an undeserved burden when other residents don’t have to deal with sidewalks. A motion to adjourn was made by Halsey and seconded by Grindle. Roll call vote: all ayes, motion carried. The meeting adjourned at 8:53 PM ____________________ ____________________ Norma Wren, Mayor Theresa Ralfs, City Clerk OFFICIAL MINUTES Mayor Wren opened the public hearing on proposed plans, specifications, proposed award, form of contract and estimated cost for construction of Water Tower Park at 6:00 p.m. on Tuesday, August 21, 2007. Roll Call: Present: Franklin, Ulrich, Stickler, Grindle and Halsey Also Present: Angela Reier (attorney), Mary Frances Belvins, Richard Wells, Harry Pelton, Bob Kramer, Lou Wren, Marie Randol, James Mahler, Larry Shoultz, Bonita Grindle, Ann Shoultz, Bob Dean, Christine Wren, Dick Hanson, Linda Veit, Jim Beran, Linda Hupp, Dale Hupp, Pat Mohr arrived at 6:20 p.m. Mayor Wren stated to the public that the council is very interested in what they have to say about the Water Tower Park project and gave some parameters on how the public hearing will proceed. Mayor Wren asked the comments be kept to three minutes, and if a comment or question has already been asked to not be repetitive. Mayor Wren also asked that the speaker give their name and address for the city clerk. Larry Shoultz stated he has been following the project for about a year now, and residents have had a chance to get involved with the process. Mr. Shoultz stated the volunteers have done a good job, and he supports their hard work and would like to move forward with the project. Linda Veit stated she hoped the council comes through with some kind of plan for the area because she does not want to keep looking at a cement parking lot across the street. Richard Wells asked if the plans pricing was available so that a question could be asked that means something to the general public. Mayor Wren stated the amount of the bids has been available to the public, but the city has not received any requests to view them. Angela Reier (attorney) stated the bids that were received were publicly read aloud and are public documents that can be viewed at any time. Lou Wren stated if seems logical to use city owned property for a city purpose. Mr. Wren stated he has no qualms about putting a park in that area, and thinks it is a great idea. Richard Hanson stated he has always been in favor of keeping that area a green space, and his only concern is the price. Mr. Hanson stated he hopes the price is not out of line. Mayor Wren stated the city received three bids in the amounts of $147,332.00, $163,654.00 and $201,165.00 and the bids were opened publicly Wednesday, August 15th. Mayor Wren stated everyone was given the same specifications. Stickler stated the sewer portion of the project was a separate bid. Mayor Wren stated that there are certain parts within the bid project to change or delete, but the bid amounts are for the complete project minus the sewer portion. Mr. Hanson questioned if areas of the bids will be broken out at the council meeting. Stickler stated that they would. Richard Wells stated considering the amount of landscaping that is going into this project with the deer issue that Riverdale has, seems ridiculous because the deer are going to eat them. Mr. Wells stated the council should deal with the deer issue first. Mayor Wren stated the council will be addressing the deer issue at the council meeting following the public hearing. Linda Hupp stated the committee did extensive research and asked many experts for advice regarding what the deer would not like to eat. Ms. Hupp stated the deer issue was one of the committee’s top priorities. Ms. Hupp also stated the trees will have to be wrapped and protected with chicken wire to keep things surviving. Mr. Wells stated it was nice to know people thought about the deer issue. Dale Hupp stated having a nice park with trees at the top of Manor will look neat and set the tone for the rest of the city. Bob Dean stated he had an opportunity to speak with the committee and the committee had looked at alternative and different options for the park. Linda Veit stated it takes a lot of doing to work with a group with some many opinions and come up with some ideas that look nice, and the council may disagree with the rest of us. Ms. Veit also stated there were some landscaping items that couldn’t be used because of the deer. Pat Mohr arrived at the public hearing at 6:20 p.m. and asked where the city was at with the park. Mr. Mohr asked why the petition, which was signed by residents who were not in favor of the park about 2-3 months ago, was not being brought up. Mr. Mohr asked why a notice was sent out about the public hearing for the audit review and not about this meeting. Mr. Mohr asked again where the city is with the park, he heard it doesn’t happen this fast. Mr. Mohr asked how there can be money set aside for this park, and not have any money set aside for roads or anything else. Mr. Mohr asked again where the city is at with the park and how does it get approved. Angela Reier (attorney) explained where the city is at legally in the process of the park project. Ms. Reier stated the city hired AMENT, inc. to develop specifications that were published for bid, the bids were publicly opened last week and there has been a week for the public to view those bids. Ms. Reier stated the city council is holding the public meeting tonight to listen to the public’s comments regarding the park. Mr. Mohr asked so this park could be approved tonight. Ms. Reier stated that yes, it could be approved tonight. Mr. Mohr stated the park should not be approved tonight because I did not get anything in the mail like I did the last meeting and a lot of people don’t know where this meeting is at. Mayor Wren asked if anyone else would like to speak. After a few minutes, a motion to adjourn was made by Halsey and seconded by Stickler. Roll call vote: all ayes, motion carried. The meeting adjourned at 6:32 p.m. _____________________ _______________________ Mayor Norma Wren Theresa Ralfs, City Clerk 13 From the City of Riverdale August 2007 Theresa has open office hours for the public on Wednesday’s from 10:00 a.m. until 5:00 p.m. feel free to stop in with any questions or concerns and to pick up keys for the community room reservations. Other times, please leave a phone message and I will get back to you as soon as possible. Thank you. Fire Department Report for July 17 to August 21, 2007 Calls: 3-EMS Training: Driving Hose and nozzle practices Ground Ladders Quarterly Recertification Other: Serve your community- Come and join us! j City of Riverdale Proclamation Whereas, Organized labor has always promoted the dignity and rights of all American workers; and Whereas, a strong American economy depends on good jobs at fair wages; and Whereas, buying union made goods and services helps preserve American jobs and strengthens the U.S. economy; and Whereas, products and services identified by a Union Label, Shop Card, Store Card of Service Button are guaranteed to be the best quality American- made products and services; Therefore, BE IT RESOLVED THAT the City of Riverdale does hereby proclaim the week of September 3-8, 2007 be know as Union Label Week Your Council and their committee appointments are as follows: Jack Franklin (359-6612)-Contracted Support Service & Budget Jeff Grindle (359-7676)-Infrastructure & Safety John Ulrich (359-5704)-Mayor Pro Tem/Parks/Budget Dean Halsey (355-2013)-Contracted Support Service & Parks Teri Stickler (355-1517)-Parks & Budget The Council as a whole will work on the Celebration Committee Mayor Norma Wren can be reached at 355-1300. Lou Wren is the Zoning Inspector. You may contact Lou at 355-1300. Please contact him regarding any construction projects. Candidate packets are available in the Clerk’s office for the upcoming November election. Up for re-election will be the Mayor’s seat (2 year term) and 3 Council seats (4 year terms). The first day nomination papers can be filed with the city clerk is Monday, August 27th. The last day to file nomination papers is THURSDAY, SEPTEMBER 20TH; PLEASE HAVE PAPERS TO CITY CLERK BY 5:00 P.M. LOST & FOUND A movie was found at Bicentennial Park. Please contact the city clerk at 355-2511 if this belongs to you. OPEN BURNING Residents are reminded to be respectful of your neighbors when taking advantage of the open burning ordinance within the city. Make sure fires are out and not smoldering at night when they can cause irritation to others. Don’t burn on windy days. Burn only plant materials found on your property, and remember, composting is always an excellent idea and there is no additional charge for bagging yard waste for collection with garbage..