In three separate actions at last night’s City Council meeting, the council members approved the first readings of changes to portions of City code as required by the State of Iowa. Two of them also were then adopted at the meeting.
An amending of provisions pertaining to standard penalty repeals the previous section and replaces it with the following: “Unless another penalty is expressly provided by the Code of Ordinances for violation of any particular provision, section, or chapter, any person failing to perform a duty required by City Code or otherwise violating any provision of this Code or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least $105 but not to exceed $855.” The first reading was approved, with the second reading at the next Council meeting with the possibility of a motion to waive the third and adopt at that time.
An amending of provisions pertaining to tobacco use repeals that section and replaces it with the following: “It is unlawful for any person under 21 years of age to smoke, use, possess, purchase, or attempt to purchase, and tobacco, tobacco products, alternative nicotine products, vapor products or cigarettes. Possession of any of these products by an individual under 21 years of age shall not constitute a violation of this section if the individual under 21 years of age possesses any of these products as part of the person’s employment and said person employed by a person who holds a valid permit under Chapter 453A of the Code of Iowa or who lawfully offers for sale or sells cigarettes or other tobacco products.”
It further amends the penalties for retailers, or their employees, who sell to under-age individuals. The first violation carries a civil penalty of $300, with failure to pay resulting in suspension of their permit for a period of 14 days. The second, third and fourth (within three years) all carry a $1,500 penalty and a suspension of 30 days except for a 60-day suspension after the fourth violation. If there’s a fifth violation, the retailer’s permit is totally revoked.
An amending of provisions pertaining to animal control repeals certain sections and replaces it with more specific language in definitions, animal neglect, abandonment, tampering with a rabies vaccination tag or tampering with an electronic handling device.
Both of these had the first reading approved, followed by motions to waive both the second and third readings and adopt them. According to city administrator Bryce Davis, the Council can do this due to the fact that these are being required by state code and the City is required to align their code accordingly.
A public hearing was set for the September 8 meeting to review plans, specs, form of contract and estimated cost for the downtown revitalization project. A previous bid came in much higher than the engineer’s estimate, so the Council will try again with a revised plan.
In other action the Council:
-heard an update from Davis on the downtown façade project. Another visit with the interested property owners with by followed by executing contracts this week to move forward on the project;
-approved the preliminary plat for the Rotary Addition on the city’s southeast side. 12 lots of varying sizes will be available, with two cul-de-sac’s for Douglas Avenue and Cherry Lane (the new street names);
-approved building permits for Mysty Shaver (fence), Mike Baker (patio/shed), James Brown (fence) and Chad Day (shed); -approved a beer/liquor/wine permit for El Jalapeno outdoor service.
