Heavy agenda for Waukon City Council

by Dwight Jones

The Waukon City Council met in regular session the evening of Monday, February 7 with the full council in attendance. Following short Departmental Report discussions, the Council addressed the first item on the agenda – a tobacco sale violation against Kwik Star that occurred in early December. Due to the fact that the employee has taken training to lessen the chances of such sales taking place, the Council agreed to dispose of the charge, which could have carried a possible $300 fine.
Next, the Council had another lengthy discussion regarding a proposed hotel/motel tax for the city. Dennis Murphy, owner of Kelly’s Place Bed and Bath, was once again in attendance cautioning the Council against what such a tax could do, which was, in his opinion, drive away businesses. The Council had discussed up to a 7% additional tax (on top of the 5% State tax already paid by such customers), while Murphy suggested a 2% additional tax which would mirror what the City of Lansing had recently adopted. Following much discussion, the Council agreed that it likely was not currently adequately prepared to vote to move forward. The issue was tabled and will be re-visited later this summer.
The Council then approved a request by the Waukon Chamber of Commerce to close select city streets for the following parades in 2011 - St. Patrick’s Day, Dairy Days, Antique Cars and Tractors and Christmas.
Next, the Council addressed a request by Lee Gavle for the use of a city street (in front of Elliott Jewelers) for a lunch wagon. Gavle was not in attendance but his parents were, and the Council had some questions, some they were able to answer and some they were not.  Gavle had requested the permit to last through midnight, but such permits only allow sales through 7 p.m. The Council agreed with the request, though Gavle will still have some unfinished business to take care of at City Hall, mainly getting a peddler’s permit through the City Clerk’s office.
Darryl Palmer was in attendance asking the Council to re-visit a request he had made seven years previous regarding a lot he owns in northwest Waukon. City Attorney Jim Garrett explained that the city council at that time approved an easement agreement, but it was never signed and returned by Palmer or his attorney. Palmer stated that he was under the impression that it had, indeed, been returned but not recorded.
Though it had been approved by a previous council, Garrett thought it was only appropriate to bring it back for review for the current council, which also approved it. There is a sewer line that runs diagonally across the property and the easement regulates what can be constructed above the line and shows liability to the property owner in the event that the line is damaged during construction.
The Council then discussed the issue of firearms on City property. Following Iowa state law that went into effect January 1, many other cities have adopted ordinances banning firearms from some City property. The Council was mixed on its support of the idea, with Councilman John Ellingson openly opposing what he deemed “knee-jerk legislation”. The Council instructed Garrett to draft an ordinance to be reviewed at the next council meeting. The ordinance, if passed, will affect City buildings and the real estate around them. Stipulations will be made for the city park/campground area to cover hunters that use those facilities and would likely have guns along.
The Council then discussed a proposed vacation of an alley between Second and Third Ave SE. Similar vacations have been done throughout the city in the past. Zoning Administrator Al Lyon was asked to speak with adjoining property owners to gauge their interest in helping to pay for costs (surveying, etc.) in exchange for receiving a portion of the vacated property. The issue will be discussed at a future meeting.
Garrett then explained that Verizon has an interest in placing a cellular antenna on the US Cellular tower near the City Park. Due to the fact that the City owns the land the tower sits upon, Verizon would need to receive approval from both US Cellular and the City.  The Council asked Garrett to continue the discussions.
The Council then set a public hearing date of March 7 regarding a zoning ordinance amendment for daycares.  Changes are proposed that would include daycares and nursery schools in all properties except those zoned “C” with some requiring conditional use permits required.
Lyon then described proposed changes to the nuisance ordinance pertaining to swimming pools. Under the proposed changes, the only pools allowed in front yards would be “kiddie pools”, not exceeding 12” in depth. Backyard pools over 18” deep would also be regulated, requiring such precautions as protection from small children by a fence or sturdy cover, or for above-ground pools, no ladder or entry steps when unattended. Guidelines are also included involving electricity for pumps, etc. The proposed changes are being initiated due to the large influx of yard pools (oftentimes blue with inflated tops) over the past several years.
The Council then visited with Lyle TeKippe of TeKippe Engineering regarding the proposed street improvement project for Third Ave NE. TeKippe had, at the Council's request, worked up some projections for shared costs between the City and property owner assessments. The Council agreed to move forward with the City paying the first $100,000, and adjacent property owners being assessed 40% of the remaining costs. Though numbers were not firm, assessments to be paid by property owners under these terms would vary based on the property. The Council will continue with the process, which will involve final numbers being tabulated and property owners being informed of their costs and options.
The Council then discussed a road maintenance agreement between the City and Allamakee County, deriving from discussions with County Engineer Brian Ridenour and mainly involving snow removal. As it is, the Council and City both have “spot” responsibilities for snow removal, and some sort of an agreement that would have the County clearing agreed-upon areas “owned” by the City in exchange for the City maintaining similar parcels of street “owned” by the County just seems to make good sense. The Council approved the discussions to continue to see if an agreement can be reach suitable to both parties.