10.09.07
October’s City Council Meeting
By Peggy Schlichter
October 31st from 6 to 8 pm is Beggars Night downtown. The Fire and Rescue personnel will be on hand to help with the kids. The Police will have two cars on patrol for several hours that night also.
The Public Hearing for Amending the Urban Renewal Plan to include the existing city buildings was opened and closed with no speakers. The resolution was passed to amend the Plan.
The Hazardous Substances Resolution was read and passed waiving any further readings.
The pay estimate for the trail project was approved and passed to make the first payment of $24 K.
Change Order #1 for N. Division Street to seal and cap 3 abandoned sewer lines was approved and passed.
Pay estimate #1 for N. Division Street was approved and passed. A discussion about the amount of time city employees are spending watching the work on N. Division Street was brought up by Mr. Askren. Mr. Aldrich explained that under the contract their inspector who is to oversee the work is payed per hour and that he also must go to Granger to check on a project there for a couple of hours 2 to 3 times a week. When he is off-site one of the city workers is there to observe construction. City workers are also called when the construction crew finds anything unexpected. Mr. Airhart stated that he also has been observing construction to have a first hand knowledge of exactly where different lines are being laid. A discussion about who was liable if a city employee tells the contractor to do something and it is wrong. He was told the city was but that if a question arises while the V & K representative was off-site city employees should call and notify the V & K rep immediately. It was determined that city employees would go by and check every once in a while and the V & K rep would be there more. Mr. Aldrich notified the council that the hours in the current contract may need to be increased. Mr. Airhart was cautioned about watching the amount of time he spends observing. The next discussion was about the trees that were damaged during construction. The Utility Board is aware of the problem and is working on a solution and establishing a policy to cover this type of situation.
Mr. Sloan was back to provide information on the cost of a new city hall, library and police station complex based on comparable size to the Masonic Temple of 7,200 square feet. Current numbers equate to approxiamately $200 for square foot for a ballpark total of $1.5 M. The breakout was 3,100 sf for the library, 2,000 sf for city hall and 500 sf for police. 2,500 sf for the council room. The packet contained straight cost estimates based on sf without any tailoring for actual choices of materials, furnishings or fixtures. Mr. Sloan again pointed out that until the council gets together with the different areas and provides him with the final, approved square footage required for each activity and exterior materials this is the best he can do for a cost estimate.
Katie Phippen then presented information from the library study. The current library is just under 2500 sf. Mr. Lawson’s estimate of gross total space required now was 5,668 sf with a 25% future expansion which brings it up to right around 7 K sf.
Diane Schaffer requested assistance from the city on a drainage problem at the apartments on S. Division Street. Every time it rains the alley drains down from both directions and empties into the parking area at the rear of the apartments. After discussion Messieurs Askren and Airhart will go by and look at the area Tuesday evening. It is thought that with some grading and a drain hookup to an existing line might solve the problem.
The last week in October there will be a dumpster sitting on the east side of city hall for use by the PD for a clean up day. The PD will be participating in Beggars Night. There is a increase in violent calls recently. Robert notified the council that he is ready to start the hiring process for the fourth officer and that he already has an interested person and would not need to run ads. The individual would need to attend the academy.
New Business
The Community Care Center has requested that the city have sidewalks installed in front the Heartland Church and the Stuart Motor Lodge to allow their residents a safe path instead of traveling in the street. Mr. Beldon wanted to know if it would not be prudent to get a committee together and make a city plan for implementing sidewalks. This was met with the same old arguments about we have people now who built new and have not installed sidewalks yet and do we even want to open that can of worms. No actual decision was made on the issue.
Mr. Sherman then brought up the cars left parked on the empty lot north of the Casey Store. Mr. Airhart also brought up that he had notified the owner about the sign. The owner will be called and asked to have the cars removed.
Old Business
Mr. Airhart asked the council if they had given any thought to his request for a new street sweeper or if they were going to hire a company to do the job. He was instructed to get prices on used sweepers and come back to the council with the info.
Mr. Waddell wanted to know why the no street parking was not in effect on N. Gaines and N. Fremont detour routes. Mr. Airhart stated that the only time there is any congestion is morning and evening work drive times and that there really wasn’t any need to ban parking. No changes were made.
Mr. Aldrich notified the council that the first grant application was in on the waste water treatment plant and should hear something back in December. He requested permission to go ahead with the block grant application and would like to bring back to the council the application for the State Revolving Low Interest Rate Loan. He was given the go ahead to proceed in developing the paperwork for submission. Construction is tentatively scheduled for 2009.
Mr. Crawford wanted to know if there was any updated information on the Masonic Temple. Mr. Aldrich informed him that he and Mr. Sloan only reviewed Mr. Olsen’s numbers. They did not take any other engineers to the building. He stated that the numbers seemed reasonable. Mr. Olsen was told by Mr. Ashour that he did not need to do anything with the numbers and was not needed to attend the meeting. Mr. Aldrich stated that was not something that they had any part in. Mr. Askren was perturbed that Mr. Olsen was misinformed and did not have the information they thought he would have for them. The discussion then digressed to what now. Mr. Ashour recommended that they would take the information they have on the Masonic Temple, the cost estimate they have for the new building and go back to the committee and review everything to see if they are able to make a recommendation to the council on which direction they think they need to go. Mr. Crawford asked the council if it was okay for him to go and talk to the School Board about the possibility of exploring a combined school/city library. He was given the go ahead to explore the possibility with the understanding that the city was not going to wait on the school. Katie Phippen notified the council that there are only 12 joint libraries in the state and that based on budget considerations that would not be the way to go.
Thus ended the meeting.
anonymous said,
October 9, 2007 at 6:19 am
The last week in October there will be a dumpster sitting on the east side of city hall for use by the PD for a clean up day. The PD will be participating in Beggars Night. There is a increase in violent calls recently. Robert notified the council that he is ready to start the hiring process for the fourth officer and that he already has an interested person and would not need to run ads. The individual would need to attend the academy.
what is th pd cleaning up? isn’t there a state retention policy on documents? will furniture be put up for bid? Any antique furniture should be donated to the depot for museum
anonymous said,
October 9, 2007 at 6:25 am
The Community Care Center has requested that the city have sidewalks installed in front the Heartland Church and the Stuart Motor Lodge to allow their residents a safe path instead of traveling in the street. Mr. Beldon wanted to know if it would not be prudent to get a committee together and make a city plan for implementing sidewalks. This was met with the same old arguments about we have people now who built new and have not installed sidewalks yet and do we even want to open that can of worms. No actual decision was made on the issue.
Enforce the sidewalks, the city has had a plan for a long time and it has not been inforced. If we make people get ride of animals due to a old laws, then the sidewalks should also be enforced. Our elderly don’t get out much, put in the sidewalks and let them enjoy the weather when they are able. If someone gets hit, can the city be held liable for not enforcing the codes? the traffic has greatly increased around casesys and the medical clinics. why risk having someone you know get injured. besides it would improve the chances of additional development at the industrial park showing progress in the town. I see kids walking this street constantly, due to no sidewalks, sure they may not walk on them, but they should be available for everyone. should have put that 25K into a sidewalk plan instead of a trail.
Anonymous said,
October 9, 2007 at 8:47 am
Beggar’s night needs to be changed. It conflicts with church services.
Anonymous said,
October 9, 2007 at 9:48 am
thank you 8:47. apparently children who attend religious education programs will have to miss out or go to another community to participate in a beggars night.
Fed up said,
October 9, 2007 at 10:59 am
This fell in a previous post on 9/11/07 under Bids for 2007 Maintenance Projects
Mr. Airhart then passed out the bids he received from a couple of companies to clean the streets once a month regularly and 3 times a month during the fall when leaves are falling. He then gave them bids on new and used street sweepers. No decision was made on the subject but they would discuss it at the next regular meeting. That ended the discussion on streets.
So now the council is asking for this information again? Or did Mr. Airhart NOT give it to them back in September? I’m confused as to why they are asking him to “get them information on used sweepers” and why Mr. Airhart did not state that he had previously gave them the bids…..whats up with that?
thevoicesofstuart said,
October 9, 2007 at 11:26 am
fed up – mr. airhart continues to press the case for a new sweeper. the council disagrees. the original used sweepers he presented are no longer available. he was instructed to keep looking for a good used sweeper.
curious said,
October 9, 2007 at 11:39 am
Peg–What’s your opinion on the sweeper? Does Airhart just want a brand new toy as the streets didn’t get cleaned while the sweeper was in working order…or do you think that the council just doesn’t want to spend any money on cleaning the streets and spend it on their own priorities? Just curious….I don’t know how to take the councils no action as this has been going on for a while now.
Anonymous said,
October 9, 2007 at 2:42 pm
wouldn’t it be funny to see mr. airhart actually have to work!
anonymous said,
October 9, 2007 at 4:01 pm
why not contract it out and cut back on our insurance/gas/maintance and hours for our city employees? What was the cost of contracting it out? At least then we know it gets done.
anonymous said,
October 9, 2007 at 4:58 pm
What is the matter with the current City Hall. Is it just not handicap accessible? Why aren’t they considering it for the police station. We don’t hire handicapped policemen and there is no need for a jail, so why would this not make an adequate police station. They were located there in the back and this would be a perfect place for them.
thevoicesofstuart said,
October 9, 2007 at 6:04 pm
curious – my thought is that bob was told to get the prices on some good used sweepers at the last meeting and come back and talk to the council. instead he came back and pressed for a new sweeper and had no new information to provide to the council. they basically said that there are good used sweepers out there and he just needs to find a couple and come back to them with information on the condititon, age and price. while they did not go over the cost proposal for what it would cost to hire the streets done the impression was that they would rather not proceed in that direction. the ball is in bob’s court now.
Andy Forcht said,
October 9, 2007 at 8:36 pm
Where will this proposed trail be? Does anyone know how long of a sidewalk 24K would buy?!? LOL
Andy Forcht said,
October 9, 2007 at 8:36 pm
… or 93K for that matter!
anonymous said,
October 9, 2007 at 8:38 pm
A possible joint library with the school?? How do we protect our children from predators? Who pays for what? It would be a concern of mine. If it did happen how many old folks want to drive to a school to use the library. All under one roof for most city services except streets, etc. would be a asset to our community and more attractive for the long term.
Anonymous said,
October 9, 2007 at 8:47 pm
Peg, why did you put that the fire and rescue personnel will be helping out at the beggers night? Whenever I see the fire / rescue people having something together it is always all firemen and no rescue. The fire does a lot more for us than the rescue and they don’t charge us out our butts for their services like the rescue does, maybe rescue should take some pr skills from the fire.
thevoicesofstuart said,
October 9, 2007 at 9:19 pm
8:47 pm – i went back and rechecked the recording and jerry vintzhum stated that stuart fire and rescue would be on hand to help with the children.
anonymous said,
October 9, 2007 at 10:34 pm
To Anonymous Oct 9th @8:47
Why are you trying to get things started between the fire and rescue depts? We are so lucky to have so many skilled and dedicated volunteers in a town our size. They are separate entities that work together to save your A$$. They are on call 24-7. Not only do they give of their time to respond to emergencies, they also have training and continuing education required by the state. I can tell you that there are many communities that are larger than Stuart that don’t have the staff or equipment that Stuart has. The 2 departments have a very good working relationship. They don’t need people running off at the mouth trying to drive a wedge between them. That would be a detrament to everyone involved and to ALL that they serve.
Don’t get mad that the rescue charges. All transporting units have to charge. Actually, it’s the City of Stuart that gets the revenue from the rescue unit. Those funds are used to give them a budget for the utilities for the Hall, Malpractice Insurance for the sue happy people out there, Upkeep and upgrading the units, Gas and oil, Drugs and supplies and much more. The fire Dept is allowed to charge for calls, but they are not required to do so. So for now, they don’t charge the property owners’ insurance, but they could. If you only really knew what they do, you would never, ever say anything bad about any of them! They will get up from supper, up from watching their favorite TV program, Leave their children’s sporting events or music performances. They will respond in the middle of the night after they have worked at their real job all day and from work if their employers will allow them to go. If there is a need, they go. Not only do they sacrifice for you or your family(whether you are a friend or you are a stranger) their families sacrifice too. So If you really feel the need to criticize before you’ve walked in their shoes, I would challenge you to volunteer and see first hand what they do. I have seen first hand these volunteers kick themselves and wonder what they could have done differently when the outcome is not good. Most of the time the outcome is good, they’ll just say I did my job. So they don’t need you second guessing them. In my book, THEY ARE HUMBLE HEROES!! Too bad they aren’t in yours.Thank goodness there are many fine people in our community that do recognize these selfless volunteers. Oh ya, let’s not forget that they must risk their lives to try to save your life or property.
anonymous said,
October 10, 2007 at 7:53 am
What does it mean, October 31st from 6 to 8 p.m. is beggars night *DOWNTOWN*? For those of you that do not want beggars night on Wednesday, call your mayor. The mayor has always been the one to designate beggars night and if we seem to have one who does not respect the tradition of church night, we should remind her. This goes for school functions also, as I have seen apparent conflicts with them and church night occasionally. Actually, if Wednesday the 31st is not good for you, Tuesday is an option. This is not a law, it is merely an attempt at keeping the children safe by making people aware they will be out, and also keeping the public aware of when they will be there. I think two nights should be proclaimed. That way if there are conflicts, it would accomodate the kids.
Anonymous said,
October 10, 2007 at 11:01 am
What about BOB? when will they just get rid of him and hire someone who wants to work instead of drive something new and shiny? If he has to sweep these streets by hand it would serve his lazy self right.
anon also said,
October 10, 2007 at 12:38 pm
Right on anon 10/09 10:34!
The Rescue Unit has always helped with the Beggars Night since they started this. The Rescue Unit goes to every football game, The Rescue Unit goes to every soccer game, has someone in attendance at wrestling meets. Covers the racetrack, Covers Menlo during the day to assist them. Goes out on the structure fires for Firefighters to help keep the firefighters healthy, maybe you don’t always see us in the shiny ambulance but they are always there. Check their sides, you see that pager, probably means they are on call. Not only do they rotate every three weeks, but if the first unit is out, the other unit is on standby. These people take vigourous training classes to stay certified. So if you don’t always see them, maybe they are taking time away to spend with there families, or catch up on sleep because they have gone out on calls at night, and then had to get up and go to work. Both our Firefighters and our EMT’s work very well together, we try to support each other. Stuart should be so lucky to have these dedicated individuals.
Anonymous said,
October 10, 2007 at 1:38 pm
So, if I get it right, we could theoretically restore the old church and have a school auditorium and build a city building or restore another old building and have a school library? That’s a stretch. Now, just how is it that the public can count on paying for the old church if this bond passes? In lay terms, please, tell us how much it would cost. And just how is this expense justified in dollars as to revenue, and for how long could we count on it? I think schmooze is the word for the day. Trying to put one over on the citizens of Stuart?
Secondly, who is this “committee” who will decide for us whether to go with a new building for the city or the old one? Just how is this “committee” picked? Think people will sit still for this?
Anonymous said,
October 10, 2007 at 1:58 pm
Are you nuts? two nights for kids to be on the loose piling up enough sugar to last 3 months? This is crazy. If they want to go to church, then let them go, if they want to go out and dress up like goblins, let them. If it is a conflice, take them to a town that doesn’t conflict. This is not rocket science. Just another manufactured holiday to make people buy stuff.
Anonymous said,
October 10, 2007 at 2:10 pm
Our school has written policy regarding activities on Wednesday nights. Currenly they have choosen to ignore this. Honestly, I am dissapointed in our board and superintendant as it relates to this issue. The church issues aside, the board should at the very least honor its own policies. In today’s busy world I think the board could take a positive position and recognize the importance of family and encourage families to at the very least spend one evening of the week together.
Members of the board may disagree on the interpetation of the policy, however I feel the policy is clear.
concern said,
October 10, 2007 at 2:45 pm
I can’t believe that somebody out there thinks that we should hire out the street sweeping. The lowest bid was over $25,000. to do so. My God, that’s an annual salary for another employee. I can’t understand a lot of things going on in this town. Jimmy has a sewer lisence. Why do they have that dude from DesMoines come out to half days to manage the sewer? He is really way overcharging for his services.Why doesn’t Bob worry about getting the trucks that they use to plow snow in GOOD WORKING order in stead of buying a new street sweeper? Maybe they should try to get the old one fixed or buy a used one. Are they going to contract out the snow removal when there’s no $ left to fix the dump trucks? HOW STUPID! Too bad they used $ from the street dept for the NEW TRAIL. It could have been used for far better things. Now what? The council needs to make sure people are doing their jobs. The council has failed to do their jobs. They are responsible for this mess.
anonymous said,
October 10, 2007 at 3:17 pm
Do you know that the police department had a much larger budget demanded and received when Carol was here. If the street department could get that much money, we might have better equipment and more services. On the 8;15;07 post Bob Airhart submitted his budget and asked for enough more to purchase a street sweeper. (many people have griped about the dirty streets) The council directed Mr Airhart to get bids for the service of hiring someone to come in and clean streets. On the 9_11_07 post Mr. Airhart passed out the bids he received from companies to clean once a month and extra time during the fall leaf drop. He also gave them bids he received on New and Used street cleaners. Now they are telling him to get more bids. I say let the streets go. If the wind doesn’t blow it away, the rain will wash it away. Then let the utilities worry about cleaning out the sewers and storm drains. I really don’t think a street cleaner is top priority.
anonymous said,
October 10, 2007 at 4:23 pm
10-10-07 1:58… I do not think we live in a dictatorship. If any children want to go trick or treating they can go on the night that is open for them. Even the Saturday night before if they so chose. However, if you think they are getting to much candy, give something else, keep your children at home, or anything else that works. We always put the candy away and dole it out appropiately. I have a problem with going to parades and candy is thrown to the children. They never go to see the parade, just to fill their bags. Sad what we are becoming.
Anonymous said,
October 10, 2007 at 5:59 pm
Beggar’s Night needs to be changed. Cheryl and the council set it for the 31st, which is a Wednesday night – church night. As I understand it, it might not be a big deal except for the ones who attend the Catholic church, it’s an obligation night where they have to attend. When asked to change the date to Tuesday, the mayor said she didn’t care that it was church night and said it’s staying as it is. I don’t think trick or treating has EVER been on Wednesday due to the various church services. What’s the point of even having trick or treating if kids can’t participate? Some could say it’s a form of discrimination based on religious commitment. Just because Cheryl and her family don’t attend Wednesday services, doesn’t mean others don’t. It’s not fair to the kids!
Parents, you need to call Cheryl and/or city hall and ask it to be changed.
Anonymous said,
October 10, 2007 at 6:01 pm
Doesn’t matter Andy because the CITY doesn’t pay for sidewalks. The HOMEOWNERS do.
Anonymous said,
October 10, 2007 at 6:02 pm
8:38, there are a lot of communities that have shared library services with schools. It’s not a new idea and it works quite well.
Andy Forcht said,
October 11, 2007 at 12:26 am
Why is there a demand for a walking trail? Sounds like wasteful spending.
anonymous said,
October 11, 2007 at 7:14 am
to anonymous said, October 10, 2007 at 3:17 pm
regarding PD budget compared to street. Get Real….
PD is in a rented office, has individual phones and computers for support. Police Dept put in more hours than Bob would ever dream of, unless he gets comp time or overtime. The Police are salaried and putting their lives on the line each and every day. You may say in Stuart IA?? Yeh in Stuart Iowa. Have you ever been in the middle of a domestic dispute? Have you ever walked into a bldg full of meth smell? Have you ever had to pull a drunk over not knowing if that individual was within their full senses, or had a knife, gun or anything else? I praise our PD, whom ever they are and regardless of liking the individual(s) or not. I may not always agree with things within the PD, but we they nor can you or anyone else satisfy everyone all of the time.
anonymous said,
October 11, 2007 at 7:20 am
Bob,,,,,,, Bob,,,,, let’s see……. I see him sitting in a truck during rain. I see other people cleaning up gutters and storm drains,,,,,, I see that we contract out our mowing,,,,,, I see him spraying weeds from the gutters from his truck window while moving, but cannot get out to shovel this same dirt and sand in the gutters that promote the week growth, I see him standing around while others work,,,, I see that alleys do not get plowed and people have to hire it done so that they can get to work to make a living to pay property taxes to add to the street budget. I see that he gets his break in the morning and again in the afternoon.
PD,,, driving around town making sure your children are safe. Filing out reports for attorneys, putting on bullet proof vest to make sure they can go home again after the 10 hour shift, only to get called out again. Dealing with drunks, dealing with meth, and working all hours of the day.
Now make a comparison of budgets
anonymous said,
October 11, 2007 at 9:08 am
PD $250,000. Street Department $139,000. You forgot the PD measuring the grass on lawns, and a few other nonsensibles. If the street department had the same amount of money to fix our streets it would be nice. Most of that police budget did not even cover the new cars. Plus a lot of mistakes were made within the department. Now compare the head of the street department with the head of utilities. I happen to like both of these people. At least you see Bob out every day, and I believe the head of utilities is consumed in paperwork most of the time. If you don’t like the job he is doing, apply for the position and deal with the lack of funds. 7:14 a.m I have been in many situations. I have had a knife pulled on me on a public street by a drunk emerging from the tavern and I didn’t even know him. I have smelled drugs on people, in some homes, and could tell you some horror stories. I have seen domestic disputes. These things happen and I am thankful for a police department. I still say our street department needs to have more funding whether you like Bob or not. It would need it no matter who was presenting the budget. Think about it the next time there is a pothole, a broken down snowplow, or anything else when there is no money. How far do you think the money budgeted will go considering the cost of all these other projects? A note to 10.10.07 6:01p.m. The city can, through their urban renewal project, get funding for sidewalks !
Anonymous said,
October 11, 2007 at 10:33 am
yes, how about some sidewalks. my children, amazing as it may seem, walk all the way to the high school to get on their respective buses to be disbursed to other towns for their education. how about sidewalks on all the streets so that they do not have to walk in the street. most drivers are careful, but it only takes one poor or distracted driver on time cause injury or death to a child.
most of the small town departments do not get adequate funding but here it seems that pet projects are far more important than a funded street, utility, or police department.
beggars night – the accommodation of religious activities happens very infrequently, the day of halloween changes every year – why was it so hard to bend, this is a child’s holiday, can they not have their fun and religion too? it seems petty and selfish to punish the children for their beliefs and their heritage, not that religion means much to people any more…….religion it seems has gone by the way side
Anonymous said,
October 11, 2007 at 11:11 am
No money, no money, and yet they just keep spending. go back and read all these comments. No money, huh? The city will go broke with these people running it.
Anonymous said,
October 11, 2007 at 12:05 pm
One can say the same thing for Dexer. Why’d they need a walking trail? How about Des Moines? They have sidewalks on every street in front of every house. But they needed theirs for probably the same reason we needed ours – To give people a place to walk where they don’t have to be worried about getting run over by crazy drivers or chased down the block by a homeowners dog. That’s just 2 reasons out of many.
Anonymous said,
October 11, 2007 at 12:09 pm
10:33 – you want a sidewalk? Go build one because it’s your resonsibility as a homeowner to pay for it – NOT THE CITY’S. When you are done with that, go to every other homeowner and tell them to break out the checkbook and put a sidewalk in.
anonymous said,
October 11, 2007 at 1:52 pm
On libraries. Iowa law requires a qualified licensed teacher librarian to direct the library program for schools and collaborate with teachers. Iowa law provides that schools may contract with the public library and appropiate costs to be paid.
anonymous said,
October 11, 2007 at 3:27 pm
Go for it Andy. If you can get every person you know of to complain to the council and the mayor about the proposed bike/walk trail and possibly get a petition that will not have any loopholes, for people to sign, that would really help. Petitions need to be taken door to door by people who know the rules of asking it be read and understood and then only signed by the actual person, not the wifes name signed by the husband. We need to stop it from going any further. Also calling the DOT in mass might do some good as they are behind some of the funding.
Anonymous said,
October 11, 2007 at 5:41 pm
12:09 – i am happy to pay for and maintain my sidewalk. there are grants available to help with the expense of putting in sidewalk. my question is, why was the sidewalk not a requirement for building or for change of property owner? the city caused this problem themselves.
Andy Forcht said,
October 11, 2007 at 6:48 pm
Its a little late for petitions… But I’m just amazed by the use of tax dollars. I see many Annons complainging about no money, no money!! But a 93K walking trail is tops on Stuart’s list?!?!? come on! About as dumb as trying to cram the cityhall/police/library into a 100 year old building renovated with drug money. LMAO!! BRILLIANT!
Anonymous said,
October 11, 2007 at 8:32 pm
I am VERY disappointed in the mayor, Cheryl Marks. She has no consideration for religion. I would guess she is not a churchgoer. Wednesdays should not be a day for trick or treating. It has always been set aside for church services. I know the Catholics have religious education this night and I think the Baptist church does also.
Cheryl-think of what you are doing here and do the right thing. Admit you are wrong and change the date to another night.
anonymous said,
October 11, 2007 at 10:56 pm
It is in the city code that sidewalks must be installed within a certain amount of time after the building permit for new construction is issued. If there are no curbs, I believe was stated elsewhere in a post, it is hard to establish middle of the street into property line. That does not excuse the fact that surveyors can establish the property line and I believe there is a lot of building done that may be too close to property lines if not over them in some cases. I can’t believe that property is purchased with surveying to establish the true property lines.
anonymous said,
October 12, 2007 at 6:37 am
GO Andy, GO Andy. You are so right. Have you ever noticed the buildings they want to tear down and get rid of because of age and others they want to renovate, remodel regardless of age. The next ballot, $1.7 for a burned out building, and then will come $1.5 or more on the ballot for city hall/library/police. Why not combine all into a new building for the $3.2mil and forget the nonsense. Not too late for petition to stop the rest of the walk trail. This was only phase one you know.
did you know: said,
October 12, 2007 at 6:39 am
Responsibilities for sidewalks
Q: What are the requirements for removal of snow and ice from sidewalks?
A: The Code of Iowa Section 364.12(2)(b) states that the abutting property owner is responsible for the removal of natural accumulations of snow and ice from the sidewalks within a reasonable time and may be liable for damages caused by the failure of the abutting property owner to use reasonable care in the removal of the snow or ice. Most city ordinances mirror these provisions, but provide definition or guidance on what is considered reasonable. For example, many cities provide that the sidewalks must be clear of accumulations within 48 hours or 72 hours. Some even require that the accumulation be cleared from the entire sidewalk surface, as opposed to a mere shovel width. Most ordinances provide that if the adjacent property owner fails to remove the snow and ice in the time required, the city may do so and assess the cost in the same manner as a property tax. For cities, this same Code section states that the city’s general duty does not include the removal of natural accumulations of snow and ice from the sidewalks. However, when the city is the abutting property owner, it has the specific duty to remove the snow and ice accumulations as any abutting property owner.
Q: The city has areas that do not currently have sidewalks. Can the city require property owners to install sidewalks?
A: Yes, many cities have an ordinance that gives the city the authority to require the installation of sidewalks following proper notice. Many cities also require the installation of sidewalks for new construction. Cities also have the authority, usually under their nuisance ordinance, to require the maintenance and repair of existing sidewalks. As a practical matter, a good approach to handing sidewalk issues is to develop a sidewalk program that addresses such issues as installation, maintenance and funding. A long-term plan can be developed that ensures ongoing inspection of existing sidewalks and requirements for installation of new sidewalks. Such a program can be funded by the city, by the property owner directly or by the property owner through special assessment of the cost on their property taxes. Cities can also use Road Use Tax Funds where the sidewalk is part of a total rebuild of the street or a new street if the project is at least one block long and the sidewalks are not assessed against the abutting property owner.
Q: What about other maintenance, such as mowing the area between the sidewalk and the street?
A: Cities may require property owners to maintain the right-of-way. Code Section 364.12(2)(c) states that the abutting property owner may be required by ordinance to maintain all property outside the lot and property lines and inside the curb lines upon the public streets. In order to enforce this provision, the city needs to establish the requirements by ordinance. Under most city ordinances, the property owner has the responsibility for keeping the sidewalk safe and in a hazard-free condition. This also includes mowing and maintaining that portion of property between the sidewalk and the street curb.
Q: Can the city require the adjacent property owner to remove trees that are located in this public area?
A: No, under Code Section 364.12(2)(c) the property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right of way. Many cities find that existing trees located in the city right of way are an annual financial burden. For this reason, many cities have chosen to adopt a tree ordinance that specifically prohibits planting trees in the right of way, thus avoiding future liabilities. While the city cannot require the adjacent property owner to remove the dead or diseased tree, the city has options for addressing the cost of their removal.
The city may pay for the cost from their general fund.
The city may use Road Use Tax funds if the presence of the tree is causing damage to the street and is a maintenance issue.
The city may issue long-term debt. (384.24(3)(a))
The city may assess private property owners as a special assessment. (384.37(19)(l)) Because of the liability issues relating to the maintenance of public places, cities are urged to consult with their city attorney or liability insurance carrier if they have specific questions or concerns. In addition, cities should consult with bond counsel or their financial advisers before proceeding with the issuance of debt or a special assessment project relating to the removal of trees.
did you know: said,
October 12, 2007 at 6:42 am
I use this website from the old ieyenews to refer to some of the stuff going on in this town. Since it was posted in the eye it makes interesting reading into gov policies, etc can you post the link into your site
Iowa League of Cities iowaleague.org
Anonymous said,
October 12, 2007 at 8:17 am
Andy, shut up and quit trying to stir up problems.
anonymous said,
October 12, 2007 at 9:55 am
You are free to speak Andy. Although it may seem sometimes we live in a less than democratic country and are under the rule of Castro, Hitler, or one of the many others, we still have the right to speak. 10,12,07 6:39…. you forgot to mention on the trees between the street and sidewalk, homeowners are not allowed to cut them down diseased or not. If they are diseased or rotting the city should be notified to remove them, and the abutting homeowner is responsible for keeping overhanging branches trimmed to a certain height above the street and sidewalk. Any broken limbs are also the homeowners responsibility to remove. Example of how dumb this law is: There is a tree growing on right of way, (you didn’t plant it), it is interfering with (or might in future) the sanitary disposal line from your house to the street. You cannot cut that tree to protect your sewer line exit and yet if the line needs to be replaced because of this, you are required to make the repair, cut into the street to the city line and replace that street cut all at your own expense. I have always felt the city should be responsible for that line up to your property line. Government of the people, by the people, and for the people?
Anonymous said,
October 12, 2007 at 10:14 am
Isn’t Andy entitled to his opinion?
Anonymous said,
October 12, 2007 at 12:09 pm
I don’t think Dexter has ever thought of themselves as a little Waukee. Their trail is within reason, and limited to a certain well planned area, not taking in the whole damned town. As for Des Moines, you are a bit ridiculous to compare Stuart to Des Moines as far as trails are concerned. I think there is MUCH planning ahead, and a master plan for the city of DSM, not just helter skelter do it now and think about later later, like what is happening here. Just how much time actually goes into the planning in this town, that people know of. If it is all being done OUTSIDE the public arena, then it is illegal as hell and shouldn’t be approved at all. Since the minutes of the meetings don’t show much talking being done about these “pet” projects, then one would think that it is being done in other venues, huh? Who is the “committee” deciding what would be on the ballot for city’s business buildings? When and where are they meeting? Can the public be incuded, or is this secret, also?
Weekly Recap : The Good Egg Gazette said,
October 12, 2007 at 4:49 pm
[...] The Mayor hates God. That’s why Beggar’s Night is going to be on a Wednesday. Seriously, isn’t there [...]
Andy Forcht said,
October 12, 2007 at 5:46 pm
If there were no problems then me stirring the pot would uncover no problems wouldn’t it?
Anonymous said,
October 12, 2007 at 10:54 pm
I seen the trail yesterday and it looks like it’s just around the sports complex, not the town. You need to clean your glasses and take a better look. The “whole damned town” doesn’t consist of an acre or two of land and trees.
Anonymous said,
October 12, 2007 at 11:04 pm
Andy, why is it the only time we see you comment it’s antagonizing and always mentions a certain person that you have a personal vendetta against, even though the topic being discussed has nothing to do with them? Quit crying about it already.
Anonymous said,
October 13, 2007 at 12:07 am
Andy – your family is full of mischief. Should you really be talking?
Andy Forcht said,
October 13, 2007 at 11:06 am
LMAO!! We can call a family meeting so my family can resolve this for you. What is your name so I can call you and let you know what time to be there?? And as far as the certain person, if you went through what I went through you wouldn’t let it rest either. You see my name at top of all my posts so if you don’t like what I say… skip it. I find it funny that people wanna get thier opinion out there on these blogs but 99% post annon. Thier comments mean as much as fart in the wind to me. LOL
Anonymous said,
October 13, 2007 at 1:19 pm
Obviously they mean something to you Andy because you keep responding to them. LMAO at YOU!
anony said,
October 14, 2007 at 6:22 pm
Hey Andy,
Everytime I see a coment on these blogs that the author has had enough KAHOONAS to leave his or her name, there always seems to be a personal attack launched against that person by many of the ANONYMOUS bloggers.
That is why I sign in as anony. I won’t attack you, even if I donnot agree with you. I have more self respect than to do that. Also, I am smarter than many of the anony bloggers. Take from me, if you sign your name to your comments, you are setting yourself up for being on the receiving end of hate and discontent.
anonymous said,
October 14, 2007 at 8:54 pm
Hi 10-12-07 10;54p.m.. So you SEEN it huh. Evidently you didn’t see the map, that is at city hall, that was drawn up for the proposed bike/walk trail. And evidently you haven’t see all the posts on this blog concerning that trail. Perhaps, you need to go back through the blog and you can see the map. It isn’t your glasses that are fuzzy or dirty.
Anonymous said,
October 22, 2007 at 6:02 pm
I heard trick or treating is going to be Tues. night the 30th.
Can you confirm this Peg?
Anonymous said,
October 23, 2007 at 11:00 am
8:54 is absolutely correct….the trail is in phases…and goes throughout the town.