Slater Regular City Council Meeting August 6, 2007

The regular meeting of the Slater City Council was called to order by Mayor Rick Rewerts at 7:30 P.M. on August 6, 2007, at City Hall 105 Greene St., Slater, Iowa. The roll being called the following Council members were present as follows: Dave Cook, Louise O’Donnell, Gene Staples, and Don Schick. Electronic-Mark Pritchard. Others in attendance were Colin and LaDonna Chriswell, Ron Locker, Susan Houge, Jim Sievers, Jean Rewerts, Ken May, Gary Halverson, Steve Birkestrand, Rich Mason, Steve Schonhorst, Lt. Dave Lekwa, Chuck Hoeven, Wayne Rimathe, Deb Engle, Erin Wilson, Jane Konfrst, Tim Mortvedt, Wendell Mortvedt, Fred Mason, Craig Whitney, Kirk Metz.

Lt. Dave Lewka presented the calls for service report and an update on activities being conducted by the Sheriff’s Office.

Discussion continued regarding animal control regulation. Ron Locker, Sue Houge, Ken May & Don Schick volunteered to serve as a research committee and prepare a draft city dog ordinance for Council review.

The minutes of the 7-16-2007 were removed from the consent agenda. It was moved by Staples and seconded by Cook to approve expenditures totaling $ 47,755.41 as follows:

The motion passed with record vote as follows: Yes: Staples, Cook, Schick, and Pritchard. No: none.

Council Member Don Schick addressed research of the adequacy of insurance coverage by the Community Club for the 4^th of July event in Slater. A large group of Community Club Members were invited to participate in discussion regarding fact finding related to insurance and guiding safety protection during future community events.

Fred Mason, fireworks contact for the Community Club Committee, commented that the club had never secured a special insurance policy from J & M Fireworks Display Company as is recommended when the fireworks is purchased. The reason given was because certain requirements could not be met due to use of historical procedures and using the Grimm Park location for the display. One of the unmet requirements was conforming to safety guidelines establishing a specified distance from spectators contingent upon the size of the explosive. Another addressed training of the individuals igniting the fireworks. Fred disclosed during the discussion that he had made the decision not to secure certain types of insurance. Doug indicated that at memo is on file with the insurance company file, dated 6-10-05 regarding a discussion between Fred Mason and Cliff Carlson concerning the lack of insurance coverage prior to the last fireworks event. Don Schick requested a copy of it.

Doug Schonhorst from General Insurance Company is the insurer for the Community Club and is also the City’s agent. Doug led a discussion clarifying that he recommends insurance coverage for the event from J & M each year. He noted that J & M has specialized coverage unique to fireworks displays usually with 10 million dollars protection v/s $500,000 coverage and offers it at special rates with required training. J & M also offers coverage of the pyro-technicians who handle the ignition of the explosives under controlled circumstances. This very specialized insurance is not always available through providers that bid for General Insurance. The current bodily injury policy secured by the Club is limited in coverage and likely will not be available at all in the future.

Doug expressed concern that the possibility exists that worker’s compensation will not pay for the burn injuries incurred by Slater Firefighter Brad Essex while volunteering at the event. Claims will be filed with EMC insurance and a first report of injury was submitted by the City after officials learned that the fire department had not submitted the document and rather had the individual submit the costs on his private policy. The Fire Department and Community Club noted that they would take care of the fees if need be.

Doug Schonhorst indicated that this year, for the first time, the policy obtained by the Community Club had $500,000 spectator coverage through an endorsement from Scottsdale Insurance which was not specified or requested by the Community Club. Doug clarified that according to notes in the General Insurance file, several meetings on insurance occurred over recent months. Co-Chairperson Gene Staples had met with them on 5-24-07 to discuss insurance on inflatable, a new featured event this year. It was reviewed that insurers from the past don’t cover inflatable. It was also noted that on 6-6-07 Co-Chairs Staples and Birkestrand had met with General Insurance Company and filled out paperwork. Staples stated that he knew that no insurance existed on the pyro-technicians.

During general discussion it was noted that since the 9/11 attack, pyro-technicians are now required to be certified and receive special training. Special permits and requirements are established by multiple jurisdictions including Story County and the Alcohol Tobacco and Firearms (ATF). A detailed discussion ensued regarding training requirements, future locations that might meet safety requirements, proper storage and location of the bunker for fireworks, electronic discharge options, and privatizing the ignition of the display by trained outside service providers, fire hazards, permit requirements, and collaboration with other communities.

Mayor Rewerts said " I think I can speak for the council when I say we don’t want to do away with the fireworks". Rewerts also said "I just want to make sure that if we’re doing them, we’re doing them right."

Council Member Schick expressed concern that the City was not made aware of the insurance circumstances until after someone sustained injuries. He indicated that for future events the guidelines should be properly met.

Council Member O’Donnell added that policy guidelines need to be established.

Council Member Cook emphasized that the Council had a responsibility to reduce the risk to the City.

Some of those in the audience and one Council Member were divided regarding how serious the insurance situation actually is. It was concluded that a check list of guidelines will be developed into a draft policy addressing safety and legal issues. It will then be presented to the Community Club.

The Council responded to questions concerning the storm water ordinance. After due consideration and discussion, Council Member O’Donnell moved that the proposed ordinance entitled: AN ORDINANCE ESTABLISHING A STORMWATER UTILITY be considered and approved on second consideration. Council Member Schick seconded the motion. The Council Members voted on the motion as follows: Yes: O’Donnell, Schick, Pritchard, and Cook. No: Staples. The Mayor declared the motion carried.

Council Member Cook moved that the proposed ordinance entitled: AN ORDINANCE AMENDING CHAPTER 13.12.070 AND ESTABLISHING NEW RATES FOR SEWER SERVICE AND USE be considered and approved on second consideration. Council Member O’Donnell seconded the motion. The Council Members voted on the motion as follows: Yes: Cook, O’Donnell, Schick, Pritchard, Staples. No: none. The Mayor declared the motion carried.

Council Member Staples moved that the proposed ordinance entitled: AN ORDINANCE ESTABLISHING A SOLID WASTE RECOVERY UTILITY be considered and approved on second consideration. Council Member Cook seconded the motion. The Council Members voted on the motion as follows: Yes: Staples, Cook, O’Donnell, Schick and Pritchard. No: none. The Mayor declared the motion carried.

The Council set a work session to discuss staffing in Public Works and the City Administrative Offices for August 8, 2007 at 7:30 in the Council Chambers.

It was moved by O’Donnell and seconded by Schick to authorize improvements up to $10,000 by Casey Mallon Excavation for construction of soil-aggregate sub-base on the old railroad corridor for the future multi-use trail, funded by a REAP Grant. Yes: O’Donnell, Schick, Pritchard, Staples and Cook. No: none. The Mayor declared the motion carried

Council Member Staples challenged the need for annual audit services. A copy of the completed Fiscal year 05-06 audit was made available to each Council Member. The City Administrator quoted the Audit Schedule of Findings III-H-06 Water Revenue Bonds as follows: "The provisions of the resolutions for the issuance of the revenue bonds relating to funding of the sinking funds were followed: However, the resolution also requires an annual audit with copies to be provided to the original purchaser. The City has not complied with this provision".

It was moved by Staples and seconded by O’Donnell to approve audit services with Bowman and Miller, P.C. for fiscal years ending June 30, 2007, 2008 and 2009. Fees will not exceed $7,000, $7,300, $7,500 respectively. Yes: Staples, O’Donnell, Pritchard, Schick and Cook. No: none. The Mayor declared the motion carried. It was noted that City Administrator North requested that the Fiscal Year 2006 - 2007 annual audit covering her tenure begin on September 10, 2007 noting that it is also good business to have a current audit when leaving a position to provide helpful information to the person assuming the role.

Mayor Rewerts submitted Chris Young’s name for the vacant position on Board of Adjustments to fill the vacated seat of Ryan Newell. The term will expire August of 2012. It was moved by Staples and seconded by Cook to approve the appointment of Chris Young. The motion passed with record vote as follows: Yes: Staples, Cook, O’Donnell, Schick, and Pritchard. No: none.

It was moved by Schick and seconded by O’Donnell to adjourn at 9:50 P.M., the motion carried and the meeting adjourned.