REGULAR MEETING:  December 11, 2012.  The regular meeting of the Oxford Junction City Council was held at the Wregie Memorial Library at 7:00 pm.  Mayor Tank called roll.  Council present were Bonny, Chase, Ewing, Klemme and Balichek.  Staff present was Hansen and Wiese.  Visitors were Marc Ruden-IIW Engineers; Gary Hughes-ECICOG; Charli Wiese-Midland Times; Dave Flory, Scott Andresen, Dean Ruley, Don & Sherrie Benhart, Rita Balichek –all with Oxford Township; Richard Kleineck; and Greg Graver-Jones County Sheriff.

     Moved by Bonny seconded by Balichek to approve the agenda.  All Ayes.  Motion Carried.

     Moved by Chase seconded by Bonny to approve the consent agenda.  All Ayes.  Motion Carried.

RECEIPTS:  General $15,410.89; Library $1,514.93; RUT $3,360.59; Employee Benefits $2,480.90; Emergency  $222.32; LOST $5,732.43; Debt Service $6,183.25; Curb & Gutter $362,134.75; Water $6,794.13; Sewer $3,532.84; WWTF $6,688.62

     Mayor Tank opened a Public Hearing to receive input on rewording of the Junk Vehicle ordinance at 7:02 pm.  There were no written or oral comments or objections.  Mayor Tank closed the hearing at 7:03 pm. 

     Moved by Balichek seconded by Klemme to approve the first reading of the amended junk vehicle ordinance.  Roll Call Vote.  All Ayes.  Motion Carried.

     Moved by Bonny seconded by Balichek to waive the second and third reading of the amended junk vehicle ordinance.  Roll Call Vote.  Bonny-Aye, Chase-Nay, Ewing-Aye, Klemme-Aye, Balichek-Aye.  Motion Carried.

     Title III Community Protection

Chapter 8 Junk and Abandoned Vehicles

Ordinance Amendment

The following amendment is for the section only.

Section 3-8-2(4)

3‑8‑2           DEFINITIONS.  For the purpose of this chapter, the following terms are defined as follows:

           1.      "Abandoned vehicle" means any of the following:

                    a.     A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable; or

                    b.    A vehicle that has remained illegally on public property for more than twenty-four hours; or

                    c.     A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty‑four hours; or

                    d.    A vehicle that has been legally impounded by order of the Chief of Police or County Sheriff and has not been reclaimed for a period of ten days; or

                    e.    Any vehicle parked on the street determined by the Chief of Police or County Sheriff to create a hazard to other vehicular traffic.  

                                                                                                    (Code of Iowa, Sec. 321.89(1)(b))

           2.      "Private property" means any real property within the City which is not public property as defined in this section.

           3.      "Public property" means any public right‑of‑way open for the purposes of vehicular travel.  

           4.      A "junk vehicle" means any unlicensed vehicle stored within the corporate limits of the City of Oxford Junction, Iowa, or any unlicensed vehicle stored within the corporate limits of the City of Oxford Junction, Iowa which also has any one of the following characteristics:

                    a.     Any vehicle with a broken or cracked windshield, or window or headlight or any other cracked or broken glass.

                    b.    Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.

                    c.     Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.

                    d.    Any vehicle which contains gasoline or any other flammable fuel.

                    e.    Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.  

                    f.     Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

This ordinance shall be in effect from and after its final passage, approval, and posting as provided by law.

     Marc Ruden and Gary Hughes explained some things to the Council about what it would take to move the site of the new well and changing the plans to a shallow well rather than a deep one.  The Mayor had suggested keeping the site but digging shallow.  To do this we would need to do the following:  engineering amendment, resubmit permit application, get site approval, and will need to have well  #3 in working condition and give notice to the community about the nitrates.  None of these things will be that difficult to do and it was recommended that the City stay with the same location and just dig a shallow well.

     Moved by Balichek seconded by Bonny to leave the site the same and have the engineer design a shallow well.  Roll Call Vote.  All Ayes.  Motion Carried.

     Moved by Chase seconded by Bonny to authorize the Mayor to sign an extension for the CDBG funds.  All Ayes.  Motion Carried.

     The City Clerk explained to the Oxford Township Trustees and Mayflower Cemetery Board that the county auditor said they can levy taxes from the citizens of the City of Oxford Junction but not levy the City itself.  The City cannot afford to make the kind of donation that they are asking for, so they will need to impose the levy.  They will also look into raising the township fire contract.

     Denny Coon submitted a report for the fire department.  All of the bills have been received for the new roof and furnace.  The City clerk will get those to the USDA so they can send us their share of the money.

     Charlie Wiese explained to the Council that he would like to put overload springs on the red truck and will be discussing it further with Steve Feuss on the best way to go about it.

     Council approved posting for extra snow help.  Applications must be received by December 21^st and interviews will be conducted on Sat morning December 22^nd starting at 9:30 am.

     Mayor Tank reported that the Landfill signed a new contract with Liberty Tire for tire service.

     Jones County Sheriff Greg Graver stated that he will have our new contract to us before Christmas.  This year will be $500 less and he is looking into instating a per capita amount which will decrease our share even more in the future.

     Mayor Tank reported that the new furnace has been installed in the shop and is working well.

     Housing inspection reports have been sent to the attorney and we are waiting to hear what our next step will be.

     JFO held their annual Christmas in OJ on Dec 8^th.  They made over $400 on the free will donations for lunch.  The money they made from the casino drawings will go toward the scholarship fund.

     Moved by Balichek seconded by Bonny to approve the second reading of the Ban on Outdoor Furnaces Ordinance and waive the third reading.  Roll Call Vote.  Bonny-Aye, Chase-Aye, Ewing-Nay, Klemme-Aye, Balichek-Aye.  Motion Carried.

AN ORDINANCE AMENDING THE CITY OF OXFORD JUNCTION

CODE OF ORDINANCES

Be it ordained by the City Council of the City of Oxford Junction, Iowa that the following Chapter be added to the City Code of Ordinances.

TITLE VII, SPECIAL ORDINANCES

CHAPTER 12

OUTDOOR FURNACES

12.01  PURPOSE.  The Council finds that odors and emissions resulting from the use of outdoor furnaces can be detrimental to public health and deprive neighboring residents of the enjoyment of their property.  The purpose of this chapter is to ban the installation, construction and operation of outdoor furnaces within the City in order to secure and promote public health, comfort, convenience, safety, and welfare. 

12.02  DEFINITIONS. 

A.      “Outdoor furnace” means any equipment, device or apparatus which is installed, affixed or situated outdoors or within another structure for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat or hot water to any other structure.

12.03  ENFORCEMENT.  Any person who violates, disobeys, neglects, or fails to comply with, or who resists the enforcement of any of the provisions of this chapter shall be guilty of a simple misdemeanor and a municipal infraction.

12.04 ELIMINATION OF EXISTING OUTDOOR FURNACES. Owners of existing outdoor furnaces as defined herein are grandfathered and shall be allowed to keep and use them. However, as of the official adoption date of this ordinance, the homeowner cannot replace or update their existing outdoor furnace. If said furnace needs updating or replacing, the furnace shall be removed from owner’s property to comply with these regulations. In addition, any homeowner that moves shall not be allowed to use their grandfathered outdoor furnace at a new location in Oxford Junction. Also, a new homeowner moving to a property in Oxford Junction with an existing outdoor furnace shall remove said furnace from the property to comply with these regulations.

THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF OXFORD JUNCTION, IOWA DOES HEREBY BAN ANY SUCH STRUCTURE WITHIN THE CITY LIMITS OF THE CITY OF OXFORD JUNCTION, IOWA.

     We found out that there is around $620 in the Christmas Lighting Fund.  We will be looking for some discounted lights for next year.

     Moved by Balichek seconded by Klemme to approve the mayor signing the 5 year contract with Allied Waste.  Roll Call Vote.  All Ayes.  Motion Carried.

     During public response Richard Kleineck stated that he would like to replace his sidewalk next spring and wondered if that program was still in place.  He will apply for building permit and get sidewalk contract at City Hall in March.

     Moved by Bonny seconded by Klemme to adjourn at 8:26 pm.

_______________________________                             __________________________________

Merle Tank, Mayor                                                         Attest:  Stacia Hansen, City Clerk

These minutes are not official minutes until approved by the City Council.