Lawton City Council Minutes

January 8, 2002

The Lawton City Council met in regular session on Tuesday, January 8, 2002, at the Lawton City Clerk’s office. Mayor Martin Shorman called the meeting to order at 5:10 p.m. Council members present were Tony Bengford, Arlan Kolker, Terry Masching, Jeff Nitzschke and Mary Beth Schorg. Also present were City attorney Glenn Metcalf, City Maintenance Supervisor Lowell Anderson and City Clerk Pat Washburn. Visitors were Mark Vos, Jerry Steffen, Rick Wiggs and Dennis Uhl.

Attorney Metcalf gave oath of office to newly elected officials: Mayor Martin Shorman, Councilman Tony Bengford and Councilman Terry Masching.

Clerk notified Council of minor change in bill received from Dakota Drilling as compared to bid. Kolker made a motion to approve minutes from the previous meeting as well as the following disbursements. Masching seconded. All voting aye, carried.

(Insert approved disbursements)

No building permits were presented for consideration.

Deeds were signed to complete land exchange between the City of Lawton and First Trust & Savings Bank.

The mayor called attention to the need to provide for the removal of vehicles from the public streets in the event that a snowstorm of sufficient intensity causes a need to clear snow from the streets. The mayor called attention to the need to provide for safe and efficient cleaning of the streets for the passage of emergency vehicles and routine traffic.

A general discussion of the problem followed. The need for restrictions on parking in the event of a snowstorm was discussed and, further, the need to be able to move or totally remove vehicles from the traveled portion of the street was noted.

Thereafter, Councilmember Schorg, introduced and caused to be read the following proposed amendment to the Lawton Municipal Code:

PROPOSED ORDINANCE AMENDING MUNICIPAL CODE

AN ORDINANCE FIXING AND ADOPTING A NEW

CHAPTER 3-16 OF THE LAWTON MUNICIPAL CODE

ENTITLED “SNOW EMERGENCY”.

Chapter 3-16

SNOW EMERGENCY

Section 3-16-1 PURPOSE. The purpose of this Chapter is to protect the health, welfare and safety of the citizens of Lawton by limiting the use of the public roadways during such time as it is necessary to clear the streets of an accumulation of snow which is detrimental to the community as a whole.

Section 3-16-2 NUISANCE DECLARED: It is declared that parking a vehicle or allowing any vehicle to remain parked on an uncleared portion of the traveled portion of the public street after a declaration pursuant to 3-16-3 is to be deemed a nuisance within the meaning of Sections 657.1 and 368.3 of the Code of Iowa and such use of the street and public roadway is declared to be unlawful.

Section 3-16-3 SNOW EMERGENCY DECLARATION. When, in the opinion of the mayor OR mayor pro tem, sufficient accumulation of snow exists, whether caused by direct accumulation or “drifting” that snow removal must be accomplished, the mayor shall issue a snow emergency declaration which shall be posted at City Hall, the United States Post Office, and such other locations designed to attract the public’s attention. Further it shall be conclusively presumed that any snowfall of six inches or more as officially measured at Sioux City, Iowa, creates a snow emergency.

Section 3-16-4 NOTICE TO ABATE – ISSUANCE. Whenever an authorized municipal officer finds that a nuisance exists within the meaning of Section 3-16-2, he shall cause to be served upon the vehicle owner, a written notice to abate the nuisance within 12 hours.

Section 3-16-5 NOTICE TO ABATE – CONTENTS. The notice shall contain the following information:

A. A description of what constitutes a violation of the restrictions established pursuant to 3-16-2;

B. The time, after which the vehicle will be removed by the city;

C. A statement as to the estimated Cost of removal, which shall be not less than $25.00 and may be more if actual costs so dictate.

Section 3-16-6 NOTICE TO ABATE – METHOD OF SERVICE. The notice shall be deemed served if given to the vehicle owner, attached to the vehicle or door of the adjacent property or any other method reasonably calculated to give notice of the violation.

Section 3-16-7 CIVIL PENALTY. A civil penalty of equal to $25.00 or the actual cost of removal and storage of a vehicle required to be removed by the city shall be assessed to the vehicle owner.

Section 3-16-8 REMOVAL OF VEHICLES. When a notice to remove a vehicle has been served, the vehicle may be removed from the uncleared portion of the street by the city at any time after the time stated in the notice. This removal may be accomplished in any manner deemed expedient by the municipal officer charged with the removal of said vehicle. This will include, by not be limited to, moving the vehicle onto adjacent private property, adjacent public property, to a portion of the street that has previously been cleared or to a storage area designated for such purposes.

After further discussion of the needs of the city and the immediate nature of he problem with the snow removal, Councilman Kolker introduced, proposed, and moved the adoption of the following resolution:

RESOLUTION DISPENSING WITH

RULE REQUIRING THREE READINGS

OF ORDINANCE OR AMENDMENT THERETO

BEFORE ADOPTION

Be it resolved that the amendment to ordinance introduced by Councilman Schorg entitled, AN ORDINANCE FIXING AND ADOPTING A NEW CHAPTER 3-16 OF THE LAWTON MUNICIPAL CODE ENTITLED “SNOW EMERGENCY” be considered and that the rule requiring that the amendment be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed as set out in Section 380.3, Code of Iowa, be suspended by vote of this council.

Councilman Nitzschke seconded the motion to adopt the foregoing resolution, and, upon the question being put and the roll being called, the following councilmen voted:

AYE: Bengford, Kolker, Masching, Nitzschke, Schorg.

NAY: None

Whereupon the mayor declared the resolution to be adopted.

Thereafter the proposed ordinance entitled, AN ORDINANCE FIXING AND ADOPTING A NEW CHAPTER 3-16 OF THE LAWTON MUNICIPAL CODE ENTITLED “SNOW EMERGENCY” set out above, was again read and Councilman Masching moved the adoption of the ordinance. Councilman Kolker seconded the motion and, the question being put and the roll being called, the following councilmen voted:

AYE: Bengford, Kolker, Masching, Nitzschke, Schorg.

NAY: None

The mayor declared the motion to adopt to have passed and the ordinance to have been adopted. He then approved and signed the measure.

Anderson reported on new loader, water tower cleaning and Friendship Center floor care.

Vos requested financial assistance to repair water leak on his property. Discussion followed and Council denied request.

Steffen updated Council on railroad property. He will get plat of survey in upcoming weeks.

Wiggs, Hoffman Agency representative, gave presentation on benefits of ICAP insurance.

Fire Chief Uhl made presentation to Council regarding 2002-2003 budget. Fire Budget meeting will be held late January to adopt budget. Uhl will contact City Clerk with date and time.

Council requested Clerk to print and send post cards to residents concerning Community Center.

Contract with Siouxland Humane Society was approved.

Contract with Jay-Lan for lawn care for 2002 season was denied.

Meeting was adjourned at 8:50 p.m.

Patricia L Washburn

Lawton City Clerk