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Town of Luzerne, Iowa in Benton County, Iowa |
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|   | CITY OF LUZERNE COUNCIL PROCEEDINGS - OCTOBER 4, 2004 The regular meeting of the Luzerne City Council was called to order by Mayor Ervin Glinsmann, followed by the Pledge of Allegiance. Council members Charlene Horstman, Debbie Meyer, Jackie Rupp, and Brad Sievers were present, Rick Rupp was absent. Also present were Jane Pate, vice president of Ament, Inc., the engineering, architecture, and surveying firm for the bridge replacement project, Nate Kampman, design engineer for Ament, Inc., and citizen Tom Lennie.
The mayor opened the public hearing on the bridge replacement project. Mr. Kampman stated construction is slated to begin at the end of March, 2005, and depending on the weather during the construction season, last for approximately 6 months. Mr. Kampman stated the bridge will have a curb and gutter system. Mrs. Pate stated she is in the midst of acquiring temporary easements from affected property owners for the project. The council discussed having the fire department leave one of their trucks south of the tracks during the bridge construction. With no further discussion or objections to the project, Sievers moved to close the public hearing, seconded by J. Rupp. Roll call vote - all ayes, motion carried.
Meyer moved to accept the previous meeting minutes as read, seconded by Sievers. Roll call vote - all ayes, motion carried.
Horstman moved to allow the following bills, seconded by Meyer;
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Waste Management - September pick-up
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    $342.86
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The mayor opened discussion on creating a Hazard Mitigation Plan. The clerk stated she talked to Scott Hansen, who is the Emergency Management Coordinator for Benton County. He stated the city would be better off being proactive rather reactive in having a mitigation plan in place in case of a natural or manmade disaster. The clerk reminded the council that the city is required by law to have a plan in place to receive emergency funding, but that the city would have six months to complete a plan in the event of a disaster. J. Rupp questioned what the cost would be. The clerk stated Mr. Hansen has applied for a grant for Benton County cities to cover at least part of the cost of having a plan drafted. Council discussion followed. Meyer moved to have clerk contact Scott Hansen for more information about the Hazard Mitigation Plan, seconded by Sievers. Roll call vote - all ayes, motion carried.
The mayor opened discussion on snow removal. Council discussion followed. Meyer moved to have Kelly Kendall plow snow again this winter, seconded by J. Rupp. Roll call vote - all ayes, motion carried.
Under further business, the clerk stated she has no new information on how much the county plans to reimburse the city for street light use on the farm to market roads the county took over July 1st, 2004. Tom Lennie would like to fill in the ditch on his property parallel to Main St., and fix the merry go round
With no further business on the agenda, Sievers moved to adjourn the meeting at 7:50 p.m., seconded by J. Rupp. Roll call vote - all ayes, motion carried.
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|   | CITY OF LUZERNE REGULAR MEETING - OCTOBER 4, 2004 7:00 P.M.
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|   | CITY OF LUZERNE COUNCIL PROCEEDINGS - SEPTEMBER 7, 2004 The regular meeting of the Luzerne City Council was called to order by Mayor Ervin Glinsmann, followed by the Pledge of Allegiance. All council members were present, as was David Kirchner, Democratic candidate for Benton County Sheriff.
Sievers moved to approve the previous meeting minutes as read, seconded by R. Rupp. Roll call vote - all ayes, motion carried.
The mayor opened discussion on the bills. The clerk explained that the Boys R Us mowing service had difficulty with their lawn mower blades a few weeks ago and were willing to mow that week at no charge because of it. Council discussion followed. R. Rupp moved to pay Boys R Us half of their regular pay for the date of the equipment failure, and approve the other bills as read, seconded by Meyer. Roll call vote - all ayes, motion carried.
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Waste Management - August pick-up
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    $342.86
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The mayor opened discussion on properties with noxious weeds and junk nuisances. It was noted that there was a property with junk cars on it, and a few properties that hadn't been mowed for awhile. The mayor asked the council to keep watching the situations.
David Kirchner, Democratic candidate for Benton County Sheriff, was present to discuss his candidacy with the mayor and council.
Under further business, the clerk stated that she had talked to a representative with IMWCA, the city's workers compensation insurance company. She stated she was told by the representative that within the last month, Fire Chief Dan Martin had submitted satisfactory information with definite dates for training completion to IMWCA to comply with the insurance company's requirement date of July, 2005. The clerk also reported the latest information received about the local option tax amount is that the city will receive about $825 more than originally anticipated. The clerk stated the city received a letter from Scott Hansen, the Benton County EMA Coordinator that by law each city needs to have a Mitigation Plan in place in case of natural or man made disasters.
With no further business on the agenda, Meyer moved to adjourn the meeting at 7:50 p.m., seconded by Horstman. Roll call vote - all ayes, motion carried.
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|   | CITY OF LUZERNE
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|   | CITY OF LUZERNE COUNCIL PROCEEDINGS - AUGUST 2, 2004 Mayor Ervin Glinsmann called the regular meeting of the Luzerne City Council to order, followed by the Pledge of Allegiance. Council members Charlene Horstman, Deb Meyer, Jackie Rupp, Rick Rupp, and Brad Sievers were present.
Sievers moved to approve the previous meeting minutes as read, seconded by R. Rupp. Roll call vote - all ayes, motion carried.
Meyer moved to approve the following bills as presented, seconded by Horstman;
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Waste Management - July pick-up
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    $353.92
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The mayor opened discussion on the bridge replacement project. The clerk distributed copies of a cost comparison between replacing the bridge spanning two tracks or three tracks as the railroad has recently proposed. The difference in cost between the two proposals is approximately $ 80,000. The clerk stated the Benton County Engineer is waiting for a response from the Union Pacific Railroad.
The mayor opened discussion on Senate File 451- transfer of jurisdiction of farm to market roads. The clerk stated she submitted to the county engineer the average monthly cost of street lighting during the last fiscal year. The clerk stated the county engineer is going to submit an amount to the Benton County Board of Supervisors to reimburse the city for street light use along the farm to market roads that the county took ownership as of July 1, 2004.
The mayor opened discussion on noxious weeds and junk nuisances. The mayor stated the properties which were discussed at the last meeting are now mowed. Sievers stated he had received a complaint of junk vehicles in the city limits. He stated the vehicles all appeared to have current license plates on them. The mayor advised that the situation be further monitored.
The mayor opened discussion on the installation of the severe weather siren. The clerk stated she is looking into the possibility of the city qualifying for a federal grant to pay for the installation of the severe weather siren. The clerk will keep the council informed of the situation.
The mayor opened discussion on the approval of the 2003-04 Road Use Tax Fund Report. Council discussion followed. J. Rupp moved to approve the 2003-04 Road Use Tax Fund Report by Resolution #307, seconded by Meyer. Roll call vote - all ayes, motion carried.
The mayor opened discussion on changing the September council meeting date because of the Labor Day holiday. Council discussion followed. J. Rupp moved to have the September meeting on Tuesday, September 7, 2004, seconded by Meyer. Roll call vote - all ayes, motion carried.
The mayor opened discussion on locking in an LP price for the 2004-05 heating season. Council discussion followed. Sievers moved to lock in an LP price with Heartland CO-OP, seconded by Horstman. Roll call vote - all ayes, motion carried.
The mayor opened discussion on whether to establish a snow route. Council discussion followed. No action was taken at this time.
The mayor read the sheriff's report.
Under further business, the clerk related that the city was contacted by the Iowa Municipalities Workers Compensation Association (workers compensation insurance) because the fire chief submitted insufficient information on a questionnaire regarding when the fire department plans to complete the required training programs to comply with the insurance company's requirements. The deadline for compliance is July 1, 2005.
With no further business on the agenda, Sievers moved to adjourn the meeting at 8:00 p.m., seconded by J. Rupp. Roll call vote - all ayes, motion carried.
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|   | CITY OF LUZERNE
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|   | CITY OF LUZERNE COUNCIL PROCEEDINGS - JULY 1, 2004 Mayor Ervin Glinsmann called the regular meeting of the Luzerne City Council to order, followed by the Pledge of Allegiance. Council members Charlene Horstman, Jackie Rupp, Rick Rupp, and Brad Sievers were present, Deb Meyer was absent.
R. Rupp moved to approve the June 7, 2004 regular meeting minutes as read, seconded by Horstman. Roll call vote - all ayes, motion carried. Sievers moved to approve the special meeting minutes of June 21, 2004, seconded by J. Rupp. Roll call vote - all ayes, motion carried.
Horstman moved to allow the following bills, seconded by R. Rupp;
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Waste Management of Iowa - June pick-up
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    $342.86
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The mayor opened discussion on the bridge replacement project. The clerk stated she had talked to the Benton County Engineer, Myron Parizek who stated at this time the railroad is still only willing to participate with 20% of the total bridge cost, even though the third track design is the reason the cost is higher than the federal grant allowance. The clerk related that Ament, Inc. is going to look into the matter further.
The mayor opened discussion on Senate File 451 - transfer of jurisdiction and control of farm to market roads in cities of under 500 population. The clerk stated she talked to the Benton County Engineer who related he wants to know what the average monthly cost of street lights are for Luzerne, and what the city pays to have snow removed from the bridge, so that expense can be reimbursed to the city for that portion of maintenance of the farm to market roads. Council discussion followed. R. Rupp moved to enter a 28E agreement with Benton County, giving the county 35% of the city's road use tax money to coincide with the percentage of streets which are farm to market roads, minus the cost of street lighting for the farm to market roads which will be reimbursed by the county, seconded by Sievers. Roll call vote - all ayes, motion carried. The clerk will contact the County Engineer.
The mayor opened discussion on the Frimml property. The clerk stated the property is mowed and the junk vehicles are gone. The mayor noted there are three residential properties that either haven't been mowed at all or very infrequently. The mayor stated he will talk to two of them, and that Sievers will talk to the other one.
The mayor opened discussion on the installation of the severe weather siren. The mayor stated that Fire Chief Dan Martin will see that it gets installed soon.
The mayor opened discussion on the replacement of the stop sign at the corner of West Iowa St. and Luzerne St. Council discussion followed. R. Rupp moved to have the clerk inquire about the cost of a stop sign and purchase it, seconded by Horstman. Roll call vote - all ayes, motion carried. The clerk will talk to the county engineer.
With no further business on the agenda, Sievers moved to adjourn the meeting at 7:40 p.m., seconded by J. Rupp. Roll call vote - all ayes, motion carried.
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|   | CITY OF LUZERNE
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|   | CITY OF LUZERNE COUNCIL PROCEEDINGS - JUNE 21, 2004 7:00 P.M. Mayor Ervin Glinsmann called the special meeting of the Luzerne City Council to order, followed by the Pledge of Allegiance. All council members were present at the start of the meeting, as was Scott Lewis, representative of Waste Management, Inc. Myron Parizek, Benton County Engineer, arrived at 7:05 p.m.
The mayor opened discussion on renewing the solid waste contract with Waste Management of Iowa. Scott Lewis stated his company was prepared to sign the proposed two year contract with two - two year option renewals with the City of Luzerne. Council discussion followed. J. Rupp moved to have the mayor sign the proposed solid waste contract with Waste Management of Iowa as written, seconded by Meyer. Roll call vote - all ayes, motion carried.
The mayor opened discussion on the Joint Public Service Agreement with Benton County - the bridge replacement project. Myron Parizek, Benton County Engineer was present to discuss the issue. Mr. Parizek stated that because the Union Pacific Railroad is planning to install a third track to the south of the existing tracks, the cost of replacing the railroad bridge will be higher than first anticipated. He related the current estimates are that the project could be $1,300,000, plus the design costs ($100,000), right-of-way costs, construction observation and inspection costs, and the total project could exceed $1,500,000. Mr. Parizek stated the consultant has been instructed to contact the railroad to discuss the grant constraints and request more financial commitment because the maximum grant amount is $1,000,000 with a 20% match. He stated the parties involved are waiting for an answer from the UP. He stated the right of way purchase could be part of the grant if the Union Pacific agrees to pay 20%, plus the difference above the grant amount or if the cost of the project can be kept at less than 1.25 million. Mr. Parizek stated that the only private property or right of way purchase that will probably need to be done is the property to the southwest of the existing bridge, which is an empty lot. The city would be responsible for the right of way purchase. Council discussion followed. Council members Jackie and Rick Rupp questioned whether they should abstain from voting, since they own the property which joins the southwest corner of the bridge property. Sievers moved to approve the joint public service agreement bridge construction project #BRS 4600(601) 60-06, seconded by Meyer. Roll call vote - Horstman aye, Meyer aye, Sievers aye, R. Rupp abstain, J. Rupp abstain. Motion carried.
The mayor opened discussion on Senate File 451-transfer of jurisdiction and control of farm to market roads in cities of under 500 population. Myron Parizek, Benton County Engineer, was present to discuss SF 451. Mr. Parizek stated that last year the Iowa Legislature passed the SF451, giving the county responsibility for the farm to market roads which go through cities with the population under 500. In Luzerne, the farm to market roads take up 35% of the total streets. In turn, Benton County would receive 35% of what Luzerne would have received for Road Use Tax Funds this fiscal year, or approximately $3,174. Mr. Parizek stated the city has three options; 1) do nothing, and the county will keep 100% of what would otherwise have gone to the city for those roadways;
2) negotiate a compromise where the city would divide the responsibilities for the farm to market roads and receive a portion of the funds back for the farm to market roads; 3) keep things as they are, and continue to maintain the farm to market roads, and receive all the Road Use Tax Funds. Mr. Parizek stated he plans to return on July 1st, the council's next meeting with a compromise drawn up.
With no further business on the agenda, J. Rupp moved to adjourn the meeting at 8:20 p.m., seconded by Meyer. Roll call vote - all ayes, motion carried.
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|   | CITY OF LUZERNE
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|   | CITY OF LUZERNE COUNCIL PROCEEDINGS - JUNE 7, 2004 Mayor Ervin Glinsmann called the regular meeting of the Luzerne City Council to order, followed by the Pledge of Allegiance. All council members were present at the start of the meeting, as was Jennifer Ryan, representing the East Central Iowa Council of Governments. Scott Lewis, representing Waste Management of Iowa, arrived at 7:15 p.m., and Ranae Tharp, representing Benton Development Group, arrived at 7:30 p.m.
Meyer moved to approve the previous meeting minutes as read, seconded by Sievers. Roll call vote - all ayes, motion carried.
R. Rupp moved to approve the following bills, seconded by Horstman;
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Waste Management of Iowa - May pick-up
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    $331.80
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The mayor opened discussion on the bridge replacement project. The clerk stated she received an email from Benton County Engineer Myron Parizek, relating that the IDOT needs a city attorney approved 28E agreement between the City of Luzerne and Benton County for payment of engineering services by Ament, Inc. The agreement needs to be in place before the IDOT will allow any formal payment to be made. The county engineer asked whether the council would consider having a special meeting this month after June 15th, the date when Ament should present preliminary plans for the bridge to him. Council discussion followed. R. Rupp moved to have a special council meeting on Monday, June 21st, 2004, seconded by Meyer. Roll call vote - all ayes, motion carried. The clerk stated she will contact the county engineer to tell him of the council’s decision.
The mayor opened discussion on the solid waste contract with Waste Management of Iowa. Jennifer Ryan, ECICOG representative, presented draft copies of the proposed solid waste contract to the council and mayor. The clerk stated there were two areas that needed to be worked out between the council and Waste Management of Iowa; tipping fees and WMI’s compliance with the county ordinances, including the recyclable materials ban. Scott Lewis, WMI representative, stated that last year a tipping fee of $50.00 per ton was imposed on WMI when they dumped at Bluestem because the Benton County Landfill was closed for a two day holiday. He stated WMI was told by Bluestem the fee could double if WMI used their landfill very often. Mr. Lewis stated that fee may be passed on to the cities if the day of material collection can’t be negotiated. J. Rupp suggested collection be skipped for the week when there is a time that the Benton County Landfill would be closed for two consecutive weekdays or more, or negotiated per incident so a tipping fee could be avoided. Mr. Lewis asked whether WMI has the city’s support if a resident’s solid waste is tagged and left at the curb because a bag of solid waste is suspected to contain recyclables. Mr. Lewis stated he would be willing to make up another education letter to reinform residents what is and isn’t acceptable recyclable material. Another area that Mr. Lewis stated needed to be changed in the draft is a recyclable material summary is to be provided to the city quarterly instead of biannually as currently stated in the draft contract. Council discussion followed. J. Rupp moved to accept the draft contract with Waste Management with the following changes; negotiate collection day if the Benton County Landfill is closed two or more consecutive weekdays, and support WMI when resident’s solid waste is left and tagged because recyclables are suspected to be present, change the recyclable material summary to quarterly as required instead of biannually, with a final contract to be signed at the June 21st meeting, seconded by Meyer. Roll call vote - all ayes, motion carried.
Ranae Tharp was present to discuss Benton Development Group’s current projects, one of them being a tourism brochure that will be finished in the near future. Luzerne’s section will include a picture of the current bridge and a brief history of the town. Ms. Tharp also informed the council of a $10,000 economic development grant made available by money appropriated by the Benton County Board of Supervisors. She suggested the council appoint a representative for the Benton Development Group. She stated the web site for the county is bentoncountyiowa.com.
The mayor opened discussion on changing the July meeting because of the July 4th holiday. Council discussion followed. J. Rupp moved to have the July council meeting on Thursday, July 1, 2004, seconded by Meyer. Roll call vote - all ayes, motion carried.
The mayor opened discussion on unmown grass in the city. R. Rupp stated he contacted Steve Frimml three times about mowing his grass at his property on Exchange Street, as did the city clerk. Council discussion followed. J. Rupp moved to give Steve Frimml, by action of the city attorney, until Friday, June 11, 2004 to have his lawn mowed, seconded by B. Sievers. Roll call vote - all ayes, motion carried. The clerk stated she will contact the city attorney to find out what the next step is and how the city can make him keep the lawn mowed in the future.
The mayor opened discussion on renewing the Benton County Law Enforcement Agreement and read it to the council. Council discussion followed. J. Rupp moved to approve the law enforcement with Benton County Sheriff’s Department, seconded by Horstman. Roll call vote - all ayes, motion carried.
Under further business, the clerk stated that she had received notice from the Benton County Engineer that under Senate File 451, the “transfer of jurisdiction” bill passed by the Iowa Legislature in 2003, jurisdiction and control over farm-to-market extensions in cities of under 500 population is automatically vested in the county effective July 1, 2004. As part of Senate File 451, the county is automatically entitled to Road Tax Fund revenues which would otherwise have gone to the city for these farm-to-market roads. An estimated $3,174.00 of city Road Use Tax Funds will be transferred annually to Benton County beginning in FY 2005, as the agreement stands now. Mr. Parizek related the city has three options; do nothing, negotiate a compromise - dividing the responsibilities between the city and the county, or keep things as they are. The item will be put on the next agenda when the county engineer can be present to discuss the subject further.
With no further business on the agenda, J. Rupp moved to adjourn the meeting at 8:15 p.m., seconded by Sievers. Roll call vote - all ayes, motion carried.
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