September 5, 2017



September 5, 2017

Wellman, Iowa

The Wellman City Council met in regular session in the Council Chambers of the Wellman Municipal Building at 5:30 pm.  Mayor Ryan Miller presided with City Administrator, City Clerk and the following Council Members: Robert Goodrich, Fern Bontrager, Robert Freeman; Shannon McCain & Tracy Owens absent.  Following the Pledge of Allegiance the Consent Agenda was approved upon motion by Freeman, Seconded by Bontrager and all aye votes.  The consent agenda includes the agenda, minutes from previous meeting, and the following claims:

8/28 Payroll    
Megan E Harris   $319.87
Sandra K Miller   $434.60
Carol A Wilkins   $1,344.65
Teresa K Lampe   $799.49
Ryan J Miller   $276.80
Beth A VanWinkle   $1,077.01
Betty J Johnston   $126.73
Travis D Hartley   $969.57
Jesse J Meade   $1,111.30
Josh S VanWinkle   $914.95
Christine D Huston   $967.61
Kelly L Litwiller   $1,601.08
Cynthia S Thrapp   $810.59
Fed Taxes   $3,607.36
State Taxes   $1,128.00
IPERS   $4,532.61
AFLAC   $408.09
Wellmark   $7,878.75
Kevin Miller & Trudy Starbeck-Miller Building Purchase $303.91
Capitol Projects WWTP Disinfection Improvements $99,087.00
City of Wellman FY17 Transfers $110,000.00
Iowa DNR NPDES Permit Amendment Fee $85.00
Action Services Inc South Park Porta Potty $70.00
ADL Development 2017 TIF Payment $6,032.00
Alliant Energy City Utilities $1,613.50
Baker Paper Co Neutral Cleaner/Trash Liners $95.58
BanCard Center Skate Rink iTunes $0.69
Barco Municipal Products Streets/Gas/Water Supplies $1,131.21
Calhoun-Burns & Associates Bridge Inspections $900.00
City of Wellman Residents Water Refunds $193.51
City Sewer Service Fire Station Line Camera $185.00
Colbert Carpet Care Parkside Banquet Hall Cleaning $800.00
Costco-Citi Card Skate Merchandise for Resale $284.65
HR Green City Engineering $5,999.96
KCTC Email Host/Server Fee/YMCA Cell Booster $105.29
Lynch Dallas PC City Attorney Fees $2,874.00
Municipal Gas System Water Heater Rebate $75.00
Office Express City Hall Office Supplies $70.90
Reggie Tire City Equipment Fuel $267.50
Roberta Skinner Building Permit Refund $40.00
Service Tech of Central IA Fire Hydrants Repairs $1,998.89
Technology Services of IA Monthly Maintenance $140.00
Utility Service Company Quarterly Water Tower $4,768.25
Washington County Hospital Random Drug Test $41.00
Washington County Recorder Sewer Easement $17.00
Wellman Auto Parts Motor Oil $4.99
Wellman Co-op Telephone City Telephones $751.89
Beth VanWinkle-City Clerk August Petty Cash $97.95
Cox Sanitation & Recycling August Large Stickers/Recycling $2,869.75
Jesse J Meade August Cell Reimbursement $60.00
Josh S VanWinkle August Cell Reimbursement $60.00
Teresa K Lampe August Cell Reimbursement $60.00
Kelly L Litwiller August Cell Reimbursement $60.00
Travis D Hartley August Cell Reimbursement $60.00
Library Cash Fund August Library Postage $33.59
New Life Community Church August Parkside Cleaning $200.00
William D Nickell Yardwaste $175.00
Paws & More City Contributions/Customer Donations $392.44
Standard Pest Control Pest Control $45.00
Treasurer State of Iowa August Sales Tax $3,243.00
Todd Troyer August Building Permits $175.00
Beth VanWinkle SFR Training Mileage/Meal Reimbursement $61.49
Wellman Emporium Association September Condo Fee $117.00
TOTAL   $273,956.00

In public forum, Mark Philpot spoke about all the hurricane devastation that’s been happening and questioned whether our disaster mitigation plan was current and if there would be a copy that the residents could see.  Miller stated that he believes that the library has one and will see if we can’t locate others.

A public hearing to receive comments regarding City of Wellman Fireworks Ordinance Change was opened upon motion by Goodrich, seconded by Freeman and upon roll call the vote was 3 ayes, McCain & Owens absent.  There were no oral or written comments.  Goodrich moved to close the public hearing, Bontrager seconded and all present voted aye.  First reading of Ordinance No. 243 Fireworks Regulation Changes is as follows:





Be It Enacted by the City Council of the City of Wellman, Iowa:

SECTION 1. SECTION MODIFIED. Section 41.12 of the Code of Ordinances of the City of Wellman, Iowa, is hereby replaced and superseded, in its entirety, as follows:

  • 41.12  FIREWORKS
  1. DEFINITION: For the purpose of this Section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

“Fireworks”.  The term “fireworks” includes any item or class of items defined in Iowa Code Sec. 727.2(1)(a).

(Code of Iowa Sec. 727.2; 100.19)

  1. FIREWORKS USE REGULATIONS.It is unlawful for any person to use or explode any fireworks within the defined corporate limits of the City; provided the City may, upon application in writing, grant a permit for the display of fireworks by a city agency, fair associations, amusement parks and other organizations or groups of individuals approved by city authorities when the fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the city evidence of insurance in the following amounts:
Personal injury $250,000 per person
Property damage $50,000
Total exposure $1,000,000

(Code of Iowa Sec. 727.2) 

  1. FIREWORKS SALE REGULATIONS. The City hereby adopts all standards, rules, regulations, and the like promulgated by the State Fire Marshall at Iowa Admin. Code Chapter 265 regarding the sale of fireworks, and likewise adopts all applicable provisions of Iowa Code §§ 100.1; 100.19; 727.2. The City specifically adopts National Fire Protection Association standard 1124 with respect to the requirements for the safe handling, storage, transportation, display, and sale of fireworks. All other provisions of the Code of Ordinances not in conflict with this Section or with the laws of the State of Iowa remain valid and enforceable.

            (Code of Iowa Sec. 100.1; 100.19; 727.2) (Iowa Admin. Code Chap. 265)

  1. This subchapter does not prohibit the sale by a resident, dealer, manufacturer or jobber of fireworksas are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of state; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This subchapter does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.

 (Code of Iowa Sec. 727.2)

  1. A person or entity who violates the provision of this fireworks sales ordinance shall be assessed a municipal infraction cost not exceeding $500 plus court costs. In circumstances where a flagrant or intentional violation of these provisions occurs, a peace officer may issue a municipal infraction stated above and shall issue a misdemeanor charge with a scheduled fine of $500 in addition to established court costs. Any fireworks retailer violating the provisions of this Section shall be reported to the State Fire Marshal to cause revocation of permit hearings to commence pursuant to Iowa Code § 100.19(5)(a).

(Code of Iowa Sec. 727.2(3); 100.19(5))

SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Freeman moved to approve first reading of Ordinance No. 243, Seconded by Bontrager and upon roll call the vote was 3 ayes, McCain & Owens absent.

Discussion and action was taken on 11th Street Sewer Project Change order #2 & #3.  Litwiller explained that #2 Change order is for repairs to service water lines that residents didn’t know were there until project was done.  #3 Change order is for a manhole riser work that needed to be done at the Conaway residence.  Freeman moved to approve, Bontrager seconded and all present voted aye.

With no further business Bontrager moved to adjournment at 5:43 pm, Freeman seconded and all voted aye.  The next regular City Council Meeting will be held Monday, September 18, 2017 at 5:30 pm in the Council Chamber of the Wellman Municipal Building.

Minutes transcribed by the City Clerk are subject to Council Approval.

© 2019 City of Wellman 316 8th Avenue, PO Box 129, Wellman, IA 52356

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