Alden City Council Minutes 2011
City Council Meeting - September 21, 2011
Alden City Council
Minutes of Regular Meeting
September 21, 2011
Mayor Pro Tem Steve Hunt called the meeting to order at 7:00 P.M. with the following council members present; Mike Oliver, Bill Ramspott, Janaan Harding and Bob Hoversten. Mayor Fiscus was absent. Also present were Gary Johnson, Cheryl Lascheid, Chuck Steen, Steve McDowell, Linda Hunt, Justin Ites, Dave & Kristy Forgy, Sheriff Tim Smith and Tim Moreau of Veenstra & Kimm.
Consent Agenda: Bill Ramspott motion to approve, second by Bob Hoversten, all present voted aye.
Tim Moreau of Veenstra & Kimm presents updates on the Wastewater Collection System Improvement Project. Plans and specifications for the project were reviewed. There is a section of 115’ of sewer line on Washington Street that will have to be replaced due to the condition of the pipe. Lines will be replaced if there is a sag in the line or the pipe condition is bad or if pipe joints are showing compromise. Unused service lines at vacant lots will be sealed to prevent infiltration into the system. Janaan Harding asks if those sealed lines can be used if lots are sold and someone wants to build a building. Moreau reports that will be possible. There will be three methods of repair that can be used; 1) Insituform-this is a flexible reinforced thermosetting resin pipe (CIPP), 2) N-liner: this is deformed Polyethlene Pipe (PE), 3) NuPipe-this is Folded Polyvinyl Chloride Pipe (PVC). All lining types may be bid in an attempt to get the best price for the project. There will also be manhole rehabilitation on all manholes in the City. Every manhole will have the casting & rings removed and replaced. They will be adjusted and new chimney seals will be installed. All surface restoration will be done as required, street patching will be Portland cement concrete. The contractor will be able to do the work without having to call a paving contractor and the materials are
readily available.
Tim Moreau presented the forms for signature and a $100.00 check to the IDNR for the Construction Permit Application. Mayor’s signature is required on all the forms. Moreau asked the council if they have any questions on the progress report. Janaan Harding wants V&K to be sure that if the completion date extends past the deadline that the CDBG grant will not be in jeopardy. Tim Moreau assures her that most of the projects are extending past the deadline of May 30th, 2011. He will make sure that approval of deadline extension is received.
Tim Moreau requests the Council set the Public Hearing and Bid Letting dates.
Resolution 10-10: Bill Ramspott motion to set the Public Hearing on the Wastewater Collection System Improvement Project for November 1st, 7:00 P.M. at the Alden City Hall; Janaan Harding seconds the motion, vote as follows: Ayes: Janaan Harding, Mike Oliver, Bob Hoversten and Bill Ramspott.
Approval of V&K Invoice for $19,600.00, Mike Oliver motions to approve, Bill Ramspott seconds the motion and all present vote aye.
Resolution 9-10 Road Use Tax Report: Mike Oliver motions to approve, Bill Ramspott seconds the motion,
all present vote aye.
Ray Abbas-Zoning Variance Request: Did not appear to present request and plans. Tabled
Waste Removal Contract Bid Opening:
Bid (1) Moeller Sanitation-Conrad, Iowa
2 yr. Contract, 329 Customers, 1 32 gal bag/50lbs weekly pick up $12.00 per month/residential customers
Extra bags would be a bag purchase for $1.00/bag to the City. Fuel Surcharge will apply if fuel goes to over $3.00/gal. $3.00-$3.50/gal $.50/per mile, above $3.50/gal. add $.10/mile.
$3948.00/month
Bid (2) McDowell & Sons-Iowa Falls
2 yr. Contract, 329 Customers 1-35 gal/50lbs bag weekly pick up $12.75 per month/residential customers
Extra Bags would be a tag for $1.87/tag to the City.
$60.00/month total for all City Buildings dumpsters and pick up.
$4194.75/month
Bid (3) The Trash Man-Webster City
2 yr. Contract, 329 Customers 1-50lb/bag $11.50/month/residential customers
Extra Bags would be a bag purchase for $2.25/bag to the City
$75.00/month for all City Building dumpsters and pick up.
$3783.50/month
Would provide walk up service for the elderly and the option of purchasing as many bags through them and
no billing by the City just purchase as many bags as needed.
Mayor Pro Tem called for comments, Steve McDowell states that the tag system promotes recycling and that he did not add a fuel surcharge to his bid. Mike Oliver asked McDowell how long he has been serving the City of Alden, he comments 30 years without missing a day. Ramspott comments that the service has been great without question. Mike Oliver motions to accept McDowell & Sons bid, Bill Ramspott seconds the motion and all present vote aye.
Amendments to the City of Alden Code of Ordinances:
Amendment to Chapter 55; Ordinance amending the code of ordinances of the City of Alden, Iowa, by amending provisions pertaining to Animal Protection and Control addition of new section:
55.16 Sanitation. An owner shall keep all structures, pens, coops, yards wherein animals are confined clear, devoid of vermin and feces and free of odors arising from feces. It is the duty of every person owning or having control of an animal to clean up, remove and dispose of the feces deposited by such animal upon public property, public right of way or the property of another person within fifteen (15) minutes.
Addition of Chapter 57 Dangerous & Vicious Animals to the Code of Ordinances of the City of Alden
- DEFINITIONS. For use in this chapter, the following terms are defined:
- “Dangerous animal” means (a) any animal which is not naturally tame or
gentle, and which is of wild nature or disposition, and which is capable of killing,
inflicting serious injury upon or causing disease among human beings or domestic
animals and having known tendencies as a species to do so; (b) any animal declared
to be dangerous by County Board of Health or Council or its designee; and (c) the
following animals which are deemed to be dangerous animals per se:
- Lion, tigers, jaguars, leopards, cougars, lynx and bobcats;
- Wolves, coyotes and foxes;
- Badgers, wolverines, weasels, skunk and mink;
- Raccoons;
- Bears;
- Monkeys and chimpanzees;
- Bats;
- Alligators and crocodiles;
- Scorpions;
- Snakes that are venomous, or constrictors;
- Gila monsters;
- “Vicious animal” means any animal, except for a dangerous animal per se, as
listed above, that has bitten or clawed a person or persons while running at large and the attack was unprovoked, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal (a) has bitten or clawed a person or persons or (b) did bite or claw once causing injuries of a person; or
(c) could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or (d) has attacked any domestic animal or fowl.
57.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall
Keep, shelter or harbor any dangerous animal as a pet, or act as a temporary custodian for such animal, or keep, shelter or harbor such animal for any other purpose or in any other capacity within in the City except in the following circumstances:
- The keeping of dangerous animals for exhibition to the public by a bona fide
traveling circus, carnival, exhibit or show.
- The keeping of dangerous animals in a bona fide, licensed veterinary hospital for
treatment.
- Any dangerous animals under the jurisdiction of and in the possession of the
Iowa Department of Natural Resources, pursuant to Chapters 481A and 481B of the
Code of Iowa.
57.03 KEEPING OF VICIOUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason within the City a vicious animal except in the following circumstances:
- Animals under the control of a law enforcement or military agency.
- The keeping of guards dogs, however, guard dogs, must be kept within a
structure or fixed enclosure at all times, and any guard dog found at large may be
processed as a vicious animal pursuant to the provisions of this chapter. Any
premises guarded by a guard dog shall be prominently posted with a sign containing
the wording “Guard Dog,” “Vicious Dog” or words of similar import, and the owner
of such premises shall inform the local law enforcement officers that a guard dog is on
duty at said premises.
- SEIZURE, IMPOUNDMENT AND DISPOSITION.
- In the event that a dangerous animal or vicious animal is found at large and
unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, such animal may, in the discretion of the Mayor or peace officer, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt the confinement or capture of a dangerous or vicious animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.
- Upon the complaint of any individual that a person is keeping, sheltering or
harboring a dangerous or vicious animal on premises in the City, the Mayor shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the compliant is keeping, sheltering or harboring a dangerous or vicious animal in the City, the Mayor shall order the person named in the complaint to safely remove such animal from the City, permanently place the animal with an organization or group allowed to possess dangerous or vicious animals, or destroy the animal within three days of the receipt of such an order. Such order shall be contained in a notice to remove dangerous or vicious animal, which notice will be given in writing to the person keeping sheltering or harboring the dangerous or vicious animal, and shall be served personally or by certified mail. Such order and notice to remove the dangerous or vicious animal shall not be required where such animal has previously caused serious physical harm or death to any person, domestic animal or fowl, in which case the Mayor shall cause the animal to be immediately seized and impounded or destroyed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
- The order to remove a dangerous or vicious animal issued by the Mayor may be
appealed to the Council. In order to appeal such order, written notice of appeal must
be filed with the City Clerk within three (3) days after receipt of the order contained
in the notice to remove the dangerous or vicious animal. Failure to file such written
notice of appeal shall constitute a waiver of right to appeal the order of the Mayor.
- The notice of appeal shall state the grounds for such appeal and shall be delivered
personally or by certified mail to the City Clerk. The hearing of such appeal shall be scheduled within seven (7) days of the receipt of notice of appeal. The hearing may be continued for good cause. After such hearing, the Council may affirm or reverse the order of the Mayor. Such determination shall be contained in a written decision and shall be filed with the City Clerk within three (3) days after the hearing or any continued session thereof.
- If the Council affirms the action of the Mayor, the Council shall order in its
written decision that the person owning, sheltering, harboring or keeping such
dangerous or vicious animal remove such animal from the City, permanently place
such animal with an organization or group allowed to possess dangerous or vicious
animals or destroy it. The decision and order shall immediately be served upon the
person against whom the decision is rendered, in the same manner as the notice of
removal. If the original order of the Mayor is not appealed and it not complied with
within three (3) days of its issuance, the Mayor is authorized to seize, impound or
destroy such dangerous or vicious animal. Failure to comply with an order of the
Mayor issued pursuant to this chapter and not appealed, or of the Council after appeal,
is a violation of this Code of Ordinances. In addition, any person who violates this
chapter shall pay all expensed, including shelter, food, handling, veterinary care and
testimony necessitated by enforcement of this chapter.
57.05 INSURANCE. Every person keeping or maintaining a dangerous animal as provided by one of the exceptions in this chapter, or a guard dog as provided in this chapter, shall accompany any application or display upon request by the Mayor or peace officer a certificate of insurance from an insurance company authorized to do business in the State Of Iowa with coverage of at least one hundred fifty thousand dollars ($150,000.00) combined single limit liability for bodily injury. Such certificate of insurance shall provide that no cancellation of the insurance will be made unless ten (10) days’ written notice is first given the City Clerk. Failure to provide or display such certificate of insurance shall immediately cause the applicant, licensee or owner of such animal to lose the exemption status as provided in this chapter.
Bill Ramspott motions to put the amendments and additions to the City of Alden Code of Ordinances on the first reading, waive the second reading and put them on the third reading, Janaan Harding seconds the motion and all present vote aye.
Janaan Harding motions to approve the third and final reading of the Amendment to Chapter 55 by adding section 55.16 Sanitation and Adding Chapter 57 Dangerous and Vicious Animals to the City of Alden Code of Ordinances, Mile Oliver seconds the motion and all present vote aye.
City Clerk Lorrie Watts reports that pet licensing is mandatory in the City of Alden. People not licensing their pets will be sent a notice with a time period to become compliant. If pet owner is noncompliant with the ordinance the issue will be turned over to the Hardin County Sheriff’s Department for citation. Licensing requires proof of valid rabies shots and a cost of $8.00/2 years if pets are spayed/neutered and $10.00 if not spayed or neutered. Sheriff Tim Smith assured the council that the Hardin County Sheriff’s Department will enforce the ordinance.
Alden Horizons Group would like to use the Alden Legion Building for a series of 13 Financial Program Meetings and the group would like the fee waived as the service is a free service to the citizens of Alden, they would take care of clean up. Janaan Harding motions to approve request, Mike Oliver seconds the motion and all present vote aye.
Pearl Street Alley Run Off: Bob Hoversten reports that Ron Bates has contacted him with the a request that the City do something about the water run-off down the hill to his property from the alley. Tom Vanderloop reports it is the natural flow of water and he also reports that the City has put gravel down and scraped gravel away at the property owner’s request. Hoversten reports that Bates would like a tile installed. Suggestion was made to grant Bates a permit to put his own tile in at his expense. Mayor Pro Tem Hunt tables the topic for further inspection.
Status on Tree at 909 Mill Street: Mayor Pro Tem Hunt reports the tree is alive and per the City’s Code of Ordinance that if the tree is not dead or diseased, the City is not obligated to take the tree down. The property owner can take the tree down at own expense if the tree is to be taken down at this time.
Set Trick or Treat: Bill Ramspott motion to Set Trick or Treat for Saturday October 30th, 2010 from 6:00-7:30 PM, Bob Hoversten seconds the motion and all present vote aye.
Public Input: Council request Contractor Greg Lascheid to take a look at the property at 502 Main Avenue and give the City a list of things that would be required to bring the house up to code on the exterior. Janaan Harding informs the Council that River Valley Landscaping will be in town to plant trees from the Trees Forever Grant money and would like Tom Vanderloop to meet with the group to decide on type of trees and placement.
Mayor Pro Tem Hunt calls for a motion to adjourn the meeting: Bill Ramspott motions to adjourn, Mike Oliver seconds the motion and all present voted aye. The meeting was adjourned at 8:38 P.M.
Signed______________________________________
Steve Hunt, Mayor Pro Tem
ATTEST;
______________________________________
Lorrie Watts, City Clerk
