MALVERN CITY COUNCIL
PUBLIC HEARING #1 MINUTES
PATRICA BOYDSTON, 105 5TH AVENUE
NUISANCE ABATEMENT
DANGEROUS BUILDING/JUNK/GRASS & WEEDS
JUNE 10, 2013
7:00 P.M.
Mayor Toni Michel opened the Public Hearing #1 for Patricia Boydston, 101 5th Avenue,
Dangerous Building/Junk/Grass & Weeds at 7p.m.
Roll Call for the meeting: Dwain Pelzer, Doug Shere, Jessica Winstead, Quincy Hunt and Lantz
Powles
Absent: None
Visitors: 12
Also present: Shari Mueller, City Clerk.
Mr. & Mrs. Bloydston were present to update the Council in regards to what has been done and
to ask for an extension to complete the abatement process.
They have torn down and removed the shed. The satellite dish is gone and the grass and weeds
have been cleaned up.
On the old house the windows have been covered securing the building.
The Council asked if they would be willing to paint the house and how long do they think it
would take them to get that done.
The Boydston’s agreed to paint the house to make it more presentable but they would need a 30
day extension.
There were no other verbal or written comments on this issue.
Pelzer motioned to close the Public Hearing #1 being no further business at 7:10p.m.
_________________________________
Mayor, Toni R. Michel
________________________________
City Clerk, Shari L. Mueller
MALVERN CITY COUNCIL
PUBLIC HEARING #2 MINUTES
MARTHA KAUFMAN, 510 W. 2ND STREET
NUISANCE ABATEMENT
JUNK/JUNK VEHICLES/ABANDONED HOUSE
JUNE 10, 2013
7:10 P.M.
Mayor Toni Michel opened the Public Hearing #2 for Martha Kaufman, 105 W. 2nd Street,
Junk/Junk Vehicles/Abandoned House Nuisance Abatement at 7:10p.m.
Roll Call for the meeting: Dwain Pelzer, Doug Shere, Jessica Winstead, Quincy Hunt and Lantz
Powles.
Absent: None
Visitors: 10
Also present: Shari Mueller, City Clerk.
Ms. Martha Kaufman and her son Chris Kaufman were both present to update the Council on
their progress and to ask for an extension.
Mr. Kaufman updated the Council by informing them that the cars and trailer have been removed
from the property.
They are in the process of repairing the deck, replacing/repairing the gutters and replacing the
front porch. The siding on the house is in good condition.
Mr. Kaufman informed the Council that he was doing the work on his own and needs more time.
The Council told them to keep up the good work.
There were no other verbal or written comments on this issue.
Powles motioned to close the Public Hearing #2 being no further business at 7:16p.m.
_________________________________
Mayor, Toni R. Michel
________________________________
City Clerk, Shari L. Mueller
MALVERN CITY COUNCIL
PUBLIC HEARING #3 MINUTES
RUSSELL HANSEN, 905 LINCOLN AVENUE
NUISANCE ABATMENT
JUNK/JUNK VEHICLES
JUNE 10, 2013
7:16 P.M.
Mayor Toni Michel opened the Public Hearing #3, Russell Hansen, 905 Lincoln Avenue,
Junk/Junk Vehicles at 7:16p.m.
Roll Call for the meeting: Dwain Pelzer, Doug Shere, Jessica Winstead, Quincy Hunt and Lantz
Powles
Absent: None
Visitors: 9
Also present: Shari Mueller, City Clerk.
Mr. Hansen was present to discuss and to get clarification as to what he needs to do to abate this
nuisance and to ask for an extension.
Mr. Hansen stated that all vehicles are licensed and insured with current tags on them. He stated
that he has one vehicle in the back yard that has been registered as storage since 1992 and he has
a storage license.
The Council informed him that per City Ordinance the vehicle registered as storage must be
stored in a garage or somewhere outside of City limits but that it could not be left in the yard.
Mr. Hansen also discussed that he has one vehicle that he is working on and does not foresee
being able to repair the vehicle at this time due to his mother passing away and having to travel
out of state on a rotating schedule with family to get the affairs in order. He would normally be
working on the vehicle but under the circumstances this will be put on hold.
He was informed that he cannot park any vehicles in the yard. It was further explained that even
if the vehicles are licensed they still cannot be parked in the yard.
Mr. Hansen was asked how many vehicles he currently has on the property.
Mr. Hansen stated that he has six (6) vehicles but not all of them are used at the same time. He
has vehicles that he uses on a seasonal basis.
Mr. Hansen was informed that he will either have to park those vehicles in the driveway, put in a
garage or stored out of City limits.
Mr. Hansen was also informed that the vehicles he is not using need to be parked also outside
City limits in order to eliminate the number of vehicles on his property.
There were no verbal or written comments on this issue.
Pelzer motioned to close the Public Hearing #3 being no further business at 7:43p.m.
_________________________________
Mayor, Toni R. Michel
________________________________
City Clerk, Shari L. Mueller
MALVERN CITY COUNCIL
PUBLIC HEARING #4 MINUTES
GERALD DESGRANGES, 810 MAIN STREET
NUISANCE ABATEMENT
GRASS & WEEDS INVOICE
JUNE 10, 2013
7:43 P.M.
Mayor Toni Michel opened the Public Hearing #4 for Gerald Desgranes, 810 Main Street, Grass
& Weeds at 7p.m.
Roll Call for the meeting: Dwain Pelzer, Doug Shere, Jessica Winstead, Quincy Hunt and Lantz
Powles
Absent: None
Visitors: 12
Also present: Shari Mueller, City Clerk.
Mr. Desgranges was present to discuss the invoice he received in regards to the fees charged for
the City to abate his property for mowing and trimming.
Mr. Desgranges stated that he mowed the property the day after he received the notice but that
his weed eater was not working and he could not get the property trimmed at that time.
Mr. Desgranges sent a guy to the property to mow it again and clean up all the trimming and
weeds over a week later. Upon the gentleman arriving at the property, the City was there abating
the property.
It was explained to Mr. Desgranges that had he contacted City Hall with any issues he was
having abating his property prior to the abatement period lapsing the City could have worked
with him but he did not.
There were no other verbal or written comments on this issue.
Pelzer motioned to close the Public Hearing #4 being no further business at 7:43p.m.
_________________________________
Mayor, Toni R. Michel
________________________________
City Clerk, Shari L. Mueller
MINUTES OF THE
MALVERN CITY COUNCIL
REGULAR MEETING
JUNE 10, 2013
7:43 P.M.
The regular meeting was called to order by Mayor Toni Michel.
Roll call was taken. Those present were; Dwain Pelzer, Doug Shere, Jessica Winstead, Quincy
Hunt and Lantz Powles
Absent: None
Visitors: 9
Also present: City Clerk, Shari Mueller
Hunt motioned to approve the consent agenda a) Approval of the Agenda b) Approval of the
Public Hearings #1-#3 minutes and the regular meeting minutes of May 13, 2013 with the
correction where it states “recycle trailer if to be moved”, that should read, “recycle trailer is to
be moved. c) Approval of the expenditures. Shere seconded. Motion carried. All ayes.
Pelzer motion to approve Patricia Boydston, 101 5th Avenue, a thirty (30) day extension to the
agreed painting of the house to make it more presentable. Shere seconded. Motion carried. All
ayes.
Winstead motion to approve Martha Kaufman, 510 W. 2nd Street, a thirty (30) day extension to
update City Hall in regards to additional progress that has been done on the property. Powles
seconded. Motion carried. All ayes.
Pelzer motion to approve Russell Hansen, 905 Lincoln Avenue, a fifteen (15) day extension to
find a place for his licensed storage vehicle in the garage or move out of City limits. In addition
all vehicles must be removed from the yard and parked in a driveway or garage. Seasonal
vehicles are to be moved out of town while not in use to eliminate the number of vehicles sitting
on the property to a usable number. Shere seconded. Motion carried. All ayes
City Council stands firm on the invoice Mr. Gerald Desgranges, 810 Main Street received for the
mowing & trimming. No further discussion.
COMMUNITY PRESENTERS:
Anne Smith, Mills County Public Health – Mrs. Smith was presented the Change Tool
questionnaire that was done with the City Clerk, Shari Mueller on March 26, 2013 for their
Community Transformation Grant.
This is to bring awareness to each community about making the community a healthier place to
live by having sidewalks safe and streets safe biking.
There is also a community effort to have a County-Wide Trail System.
Mrs. Smith will provide a report in the near future to see how we faired out in the overall scheme
of things.
Some of the new healthier steps that have been taken or are in the process is the Giving Garden,
Produce Programs and the County Wide Trail System.
Some minor changes that are being implemented are in regards to our schools. They are
changing hot dogs to low fat hot dogs, baked potato chips along with working with the food
service to offer healthier choices.
Available opportunities if there is an interest is fitness stations at parks, bike racks, retractable
banners and a farmers market.
This questionnaire will be performed again in the future to see how things may have changed.
MinDee Sommerla, Malvern Area Betterment Association (MABA) submitted three (3) Block
Party Applications for the July 6, 2013 Independence Day Celebration.
Pelzer motioned to approve Application #1, use of Heritage Park from 9am until 2pm,
Application #2, use of the trams cars from 9am until 10pm and Appliation #3, street closing for
the Independence Day Parade from 3rd & Main Street (Agriland) to 5th & Main Street where the
parade will end from 10:30 am until 12:00 noon. Shere seconded. Motion carried. All ayes.
DEPARTMENT UPDATES:
PeopleService – Tim Snyder – PeopleService has Cahoy well & pump service check both pumps
for over all condition. Both had dropped off in GPM. The east well seems to be in better
condition than the west well. They would like to pull the west well ASAP. This well has
excessive vibration due to worn bearing on the bowl stages. Both wells are showing some signs
of mineral plugging.
The Consumer Confidence Report (CCR) did go out in the water bills instead of being printed in
the newspaper. From PeopleService end this seems to work out well. Cost to include a one page
insert is ten cents per bill (insert provided). If the City has an insert it they would want included
please let us know ahead of time to work out the details. Those costs go directly to the company
doing the folding, inserting and mailing.
They have been discharging the lagoon for the last two (2) weeks. All lab results have been
coming in well below limits. They also contacted B&K Spraying to spray the rip rap area around
the lagoons.
Sometime this month we would like to borrow the tractor & mower to mow around the lagoon.
Shere motioned to approve July and August 2013 Only for the Fairview Golf Course at a 2.75
per 1000 gallon water rate. This will be revisited next year in June. Pelzer seconded. Motion
carried. All ayes.
Street Superintendent Report, Dave Hoose – The Street Department cleaned up after the storm
damage. The Green Tree Company was called in to assist with one of the properties.
They have continued to gravel alleys and patching streets.
The old recycle trailer is in place for the use to collect bottles and cans for the Post Prom fund
raising efforts. The old trailer is stationed close to the City’s large green recycle trailer. The
white recycle trailer if for Post Prom only.
Dave is asking for Council to approve to move forward with the Sta-Bilt Construction
Companies bid to reseal what was done last year at a cost of $9,961 to be paid out of this budget.
He also has a bid for more work to be done in FY2014 at a bid of $37,059.
Shere motioned to approve to move forward with the Sta-Bilt Construction bid to reseal the
roads that were done last year at a cost of $9,961. Pelzer seconded. Motion carried. All ayes.
Dave will further look into new asphalt areas.
Dave also discussed the corner of 6th & Main Street where Tim Jackson’s apartments are located.
This is a truck route and semi-trucks seem to have a difficult time making that corner without
tearing up the corner off the street. This is a designated truck route and there is ample room for
trucks to turn onto this street.
Mr. Jackson has placed very large boulders at the corner to alleviate truckers cutting this corner
to close and tearing everything up along with coming to close to the resident parking lot.
Mr. Jackson provided information in regards to CDL’s and the required skills to become a truck
driver.
The City Council is ok with the boulder staying where they are.
Mr. Jay Burdic was present and asked about the semi-trucks that are using Main Street for travel
and how over a shorter period of time is tearing up the City streets.
Mr. Burdic would like to see something done to eliminate semi-trucks using Main Street.
It was explained that Main Street a main highway and a truck route that goes through Malvern.
There is really not much that can or should be done in this regard.
NEW BUSINESS:
Shere motioned to approve Resolution 2013-05 to transfer funds form the LOST fund to the
General fund for FY2013. Powles seconded. Motion carried. All ayes.
Pelzer motioned to approve the City Clerk to cut the final checks ending June 30, 2013.
Winstead seconded. Motion carried. All ayes.
Powles motioned to approve Casey’s Cigarette/Tobacco Permit for July 1, 2013-June 30, 2014.
Winstead seconded. Motion carried. All ayes.
Pelzer motioned to approve Resolution 2013-06 to Certify Charges to the Mills County Treasurer
for Gary & Susie Begbie, 607 Prospect Avenue. Hunt seconded. Motion carried. All ayes.
Winstead motioned to approve Doug Shere, Street Committee’s recommendation to give Dave
Hoose, Street Superintendent a 2 1/2 % pay increase effective July 1, 2013. Hunt seconded.
Motion carried. All ayes.
Winstead motioned to approve Doug Shere, Street Committee’s recommendation to give Jason
Darnold, Street Laborer a 2 1/2 % pay increase effective July 1, 2013. Hunt seconded. Motion
carried. All ayes.
Shere motioned to approve Lantz Powles, Clerk Committee’s recommendation to give Shari
Mueller, City Clerk a 2 1/2 % pay increase effective July 1, 2013. Hunt seconded. Motion
carried. All ayes.
Shere motioned to approve Lantz Powles, Clerk Committee’s recommendation to give Kathy
Anderson, Deputy Clerk a 2 1/2 % pay increase effective July 1, 2013. Hunt seconded. Motion
carried. All ayes.
The City Council discussed bonding for streets. The bond would be in the amount of $300,000
that would include approximately $15,000 for equipment to maintain the street instead of
contracting it out. The additional funds would be for new asphalt.
Pelzer motioned for the City Clerk to proceed putting the bond for street on the next City
Election ballot to the voters for the November 5th Elections and/or what our options are moving
forward. Powles seconded. Motion carried. All ayes.
Mayor Michel opened the topic of moving City Hall on Main Street.
Mr. Jay Burdic, President of Malvern Trust & Savings Bank further discussed with the City
Council the options he has been looking at to relocate City Hall to Main Street. The building
that was discussed was the school building.
This is a topic that was discussed in regards to another non city organization that need space and
the possibility of sharing a building with this organization.
In addition to this was also discussed about Pre-K and schools eliminating the program and/or
moving it out of Chantry in regards to City Halls current location.
The Council had many different views and opinions in regards to moving City Hall on Main
Street and taking away yet another building business on Main Street for a government office.
This is not what a Main Street Town represents.
Councilmember Hunt commented on that fact that he is not saying he is against the idea but this
is the first he had heard of the idea and needs more information.
Councilmember Powles further commented on how this is going to benefit the City when the
location the City Hall is in now serves our needs perfectly and is not costing the City. The
current location is very visible from Main Street and is ADA handicap accessible, up to code.
Councilmember Powles further elaborated that he disagrees with creative financing that is being
proposed by Mr. Burdic. This is not how the City operates. The City Clerk has worked the
City’s budget out of a deficit and that is due to the fact the City had not given our infrastructure
the attention that is seriously needed.
The City has already invested $200,000 into the downtown area and now is the time to focus on
our infrastructure not expending funds we do not have in the budget nor is necessary.
The City Clerk commented on the school building and how it is not set up for City Hall. There is
nowhere for citizens to do business, no lobby, no front counter and sharing space with a nonprofit organization is not in the City’s best interest. There is confidential information and
business that needs to be handled on a daily basis. It was the City Clerk that stated sharing space
will cause many issues moving forward.
In addition the City Clerk brought up all of the city public parking issues the City has had in the
past. Now City employees will have to take spaces that should be utilized by businesses on Main
Street. Not only will this hinder parking it will be more difficult for citizens and/or anyone that
will need to conduct business at City Hall to park.
Councilmember Pelzer will contact Lynn Christensen with Remax to schedule times so that the
Mayor and Council can do a walk-through of the building.
OLD BUSINESS:
Pelzer motioned to approve Kevin Anderson’s bid for the Chevy Blazer at a cost of $425. We
received two (2) other bids one in the amount of $365 and the other in the amount of $405.
Powles seconded. Motion carried. All ayes.
NUISANCE DISTRICT UPDATES:
The City Council will be assessing their territories in the effort to clean up many nuisance issues
in town. They will report every month at the regular scheduled City Council meeting. The
Council will instruct the Clerk’s office of the addresses and nuisance(s) that exist.
An update of the nuisance properties will also be included monthly report.
District #1 – Lantz Powles
No new information.
District #2 – Dwain Pelzer
99 3rd Avenue – Councilmember Pelzer will make his final call to address the property and to get
a completion date on removal of the rest of the house.
He spoke to the property owner again today and the building it to be torn down and completely
removed in thirty (30) days.
109 W 1st Street – Councilmember Pelzer would like to see more activity on the clean of this
property. There are also two (2) vehicles on the property that if they are not needed they need to
be removed.
District #3 – Doug Shere
109 5th Avenue – The City Clerk was asked if she would assist the property owner in lining up a
dumpster for her at her cost.
District #4 – Quincy Hunt
No new information.
District #5 – Jessica Winstead
No new information.
SUMMARY OF NUSIANCE ISSUES FROM May 14 – June 10, 2013:
33 New Nuisance Issues this month as follows;
Semi-Trucks in residential – 1
Pit Bull in City Limits – 2
Parking Violations – 2
Trash & Dog Licensing – 2
Junk/Junk Vehicles – 3
Dangerous Buildings and or Abandoned Properties – 5
Grass & Weeds – 15
Truck Route – 1
Trash/June - 2
PENDING ACTION:
Parking Violations (Ready to Abate) – 2
Trash/Junk Violation w/Extension (Abate by City) – 1
Dangerous Building – House is being torn down but very slowly – 1
Junk/Junk Vehicles w/Extension – 2
Junk/Junk Vehicles – Municipal Infraction – Settled out of Court – 1
Dog Running at Large/Licensing – Possible Fine – 2
Painting – No such ordinance – 1
Pit Bull – Abated – 1
Truck Route – No Violations – 1
Dangerous Building/Extension – (Ready to Abate) – 1
Junk/Junk Vehicle (Pending Bid) – 1
Trash/Junk (Abated by City) – 1
Grass and Weeds – (City Abated) – 3
Semi-Truck Parking – (No violation) - 1
Pelzer motioned to adjourn. Being no further business, the meeting was adjourned at 9:29p.m.
________________________________________
Mayor, Toni R. Michel
________________________________
City Clerk, Shari L. Mueller