Minutes-09/09/1981

Motion Potter second Madden to appoint LaVerna Flansburg and Rose Bollei to review committee for FHA annual water report and to pay each one $10.00 for this service. Carried unanimously. Potter reported that Leland Smith requests to buy adjacent alley and expand garage to the north. Alley does not have culvert on either side. Attorney Sladek reported that alleys are not owned by the city. They are more of a right-of-way. City would have to vacate alley and one-half of it would revert to the adjacent property owner. Spivey stated that the city vacated some alleys or street rights of way many years ago and then had to buy easements when the sewer was installed. Sladek stated that the city would first have to vacate and then request an easement. City would not have any hold over people to assure granting of an easement. Matter was deferred to October 14th meeting pending further investigation by the attorney. Problem of open burning was discussed. Murray will get sample ordinances. Sladek stated that Iowa City burns during daylight hours only and issues notices in paper for setting certain dates for burning and basically allows only burning of leaves. He advised specifying types of containers to be used for burning in ordinance. Item was deferred until October 14th meeting. Sladek reported that adjacent property owner is responsible for sidewalks. Code of Iowa gives city authority to remove snow and access cost to adjacent property owner. He advised that an ordinance should set a specific time period and a minimum charge of $25.00 or more if more time is involved. Do not need snow removal ordinance because Code gives city authority to do. Ordinance would make it easier to interpret. Repair of sidewalks is also responsibility of adjacent property owner. Give property owner proper notice to repair in specific time period. If not repaired, city repairs and bills owner. If owner does not pay, certify bill on taxes. If property owner does not have sidewalk, it can be put in by assessment. City should put whole town in at once, assess it to the property owner and then owner has to keep it in repair. Property owner does not have right to tear out sidewalk. It does not matter if one person has a sidewalk and someone else doesn't. Motion Spivey second Potter to request city attorney to draft ordinances dealing with sidewalk cleaning and repair. Carried unanimously. Mayor Formanek reported that Rita Bream requested to be excused from the late fee on Bream Bins and Buildings on August bill. Bream sent incorrect water meter reading to clerk. Statements were mailed on July 31, 1981. Bream called clerk on August 4th and corrected meter reading. Bream received new statement three days later. Bream paid bill on August 11, 1981. Motion Madden second Williams to excuse late fee of 68¢ on Bream Bins and Buildings for August payment. Roll call vote: Madden, aye; Potter; abstain, Spivey, nay; Rohret, aye; Williams, aye. Carried. Formanek reported that he received a letter from DOT stating that city could apply for funds for 1981 Street Repair Program. Murray will check into possibility of obtaining funds.