September 12, 2022
The Council for the City of Wilton, Iowa met in regular session in the Council Chambers at City Hall on Monday September 12, 2022 Mayor Keith Stanley called the meeting to order at 6:00 PM and then led the group in the Pledge of Allegiance. Council Members present: Wayne Budding, Bill Voss, Steve Owens, and Ted Marolf
The agenda was presented for approval. It was moved by Member Marolf seconded by Member Budding that the agenda be amended and then approved after moving the Grayson Hartung Eagle Scout award before the citizen appearance. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The consent agenda was presented for approval. Items included were: Minutes from 8/22/2022 meeting, EMS Resolution 09122022, and Community Center Liquor License. It was moved by Member Budding seconded by Member Owens that the consent agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
Mayor Stanley introduced Grayson Hartung to the Council. Grayson has earned the rank of Eagle Scout, the highest honor in the Boy Scouts of America. For Grayson’s Eagle Scout service project, he planted trees at Cherrydale park, after many were destroyed in a derecho. Mayor Stanley present Grayson with a certificate of honor and appreciation from the City of Wilton.
Doug Hinkhouse was present to ask if the City could help him with the removal of some limbs from a tree that belongs to the next door neighbor. He thinks the tree has some limbs that may fall and cause damage to the side of his house, garage or service line. After some discussion the Council decided the best course of action would be to have the neighbor contact the city and discuss the problem. The tree in question does not belong to Doug Hinkhouse so any removal of limbs and the cost incurred would need the approval of the neighbor.
Jeff Horne reported that the leaf/grass pile was closed to the public until October. That area was started to help residents with leaf disposal. The fenced off area was never intended to be for grass clippings. At that time the area will be available once again for residents to drop off leaves they have collected from their yards. Wilton residents will have to dispose of grass clippings in the convenience center. The Council recommended looking at expanding the hours of the center next spring.
City Administrator Horne reminded the Council he will attending a conference next week but will back in time to attend the next meeting. He also informed the Council that Molly Garrett, the Library Director has resigned and they will begin looking for a replacement.
ORDINANCE NO. 555
AN ORDINANCE AMENDING TITLE 10 OF THE WILTON MUNICIPAL CODE
ENTITLED “VEHICLES & TRAFFIC” REGARDING GOLF CARTS
& UTV’S ALLOWED ON PUBLIC STREETS IN THE CITY OF WILTON, IOWA
Be It Enacted by the City Council of the City of Wilton, Iowa as follows:
SECTION 1. PURPOSE The purpose of this Ordinance is to amend the Wilton Municipal Code by amending and/or deleting a subsection in Chapter 10 Vehicles and Traffic.
SECTION 2. AMENDMENT This ordinance as amended is enacted is to add changes in the portion of Title 10 of the Wilton Municipal Code pertaining thereto as follows: (sections to be deleted and changes made to sections.)
Chapter 10.26 GOLF CARTS AND UTVS ALLOWED ON PUBLIC STREETS
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Golf cart" means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes.
"Utility-terrain vehicle (UTV)" means a self-propelled, electronically-powered, four-wheel motor vehicle or self-propelled, gasoline- or diesel-powered four-wheel motor vehicle.
As provided in section 321.1, A utility-vehicle/UTV is a motor vehicle for purposes of this code section. Utility-terrain vehicle/UTV therefore must meet the standards set forth by Iowa state code 321.234A (2), A utility-terrain vehicle/UTV operated on a highway must be registered with the County Treasurers Office, shall be equipped with parts, lamps and other equipment in proper working condition and adjustment as required under this section for motor vehicles, including, but not limited to parts, lamps and equipment required under sections 321.386(headlamps), 321.387(rear lamps), 321.404(signals), 321.432(horns) and 321.437(mirrors).
10.26.010 Properly equipped golf carts and UTVs allowed to operate on city streets.
(a) Policy Statement. Pursuant to the authority granted under Iowa Code Section 321.247, golf cart and UTVs, only if equipped as specified herein, a golf cart may be operated on approved city streets between sunrise and sunset by any person possessing a valid driver's license or an Iowa license with a "j" restriction and proof of security against liability as specified in Iowa Code 321.20B.
A registered UTV equipped properly as defined in the previous section may operate on all city streets, day or night by any person possessing a valid driver's license or an Iowa license with a "j" restriction and proof of security against liability as specified in Iowa Code 321.20B.
This chapter is adopted in the interest of public safety. Golf carts and UTVs are not designed or manufactured to be used on public streets and roads, and the city in no way advocates or endorses their operation on streets or roadways. The city, by regulating such operation, is merely addressing safety issues. This chapter is not to be relied upon as a determination that operation on streets is safe or advisable even if done in accordance with this chapter. All persons operating golf carts and UTVs must be observant of and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists, and other pedestrians. All persons who operate or ride golf carts and UTVs on streets inside the city of Wilton do so at their own risk and peril. The city has no liability under any theory of liability, for permitting golf carts and UTVs to be operated on the streets of the city.
(b) Rules and Regulations. Golf carts and UTVs may only be operated on streets within the city of Wilton in accordance with the following rules and regulations:
(1) Any person who operates a golf cart or UTV in the city takes full responsibility for all liability associated with operating a golf cart or UTV.
(2) Operation shall not exceed a rate of speed greater than reasonable or proper under all existing circumstances and in no event shall ever exceed twenty-five mph or the posted speed limit.
(3) Operation shall not be in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.
(4) Any person who operates a golf cart or UTV must be at least eighteen years of age and possess a valid driver's license to operate a motor vehicle issued by Iowa.
(5) Any passenger seventeen years of age or under must use a seat belt during operation of a golf cart or UTV.
(6) When crossing of streets occur the driver of the golf cart or UTV must:
(A) The golf cart or UTV must come to a complete stop at posted stop sign before crossing any street.
(B) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard: and
(C) The driver yields to any pedestrian traffic in a crosswalk.
(D) Follow any other applicable regulations for golf carts, UTVs, or any motor vehicle laws as described in state of Iowa Vehicle Code Section 321.
(7) The owner of the golf cart or UTV must provide proof of liability insurance. The proof of insurance must be with the golf cart or UTV whenever said golf cart is in operation.
(8) Golf carts shall only be allowed to be operated on city streets between sunrise and sunset.
(A) UTVs must be registered with the State of Iowa and a state registration must be displayed on the vehicle. Special consideration in lieu of the state sticker will be given if the UTV is a farmer exempt vehicle.
(B) As provided in section 321.1, A utility-vehicle/UTV is a motor vehicle for purposes of this code section. Utility-terrain vehicle/UTV therefore must meet the standards set forth by Iowa state code 321.234A (2), A utility-terrain vehicle/UTV operated on a highway must be registered with the County Treasurers Office, shall be equipped with parts, lamps and other equipment in proper working condition and adjustment as required under this section for motor vehicles, including, but not limited to parts, lamps and equipment required under sections 321.386(headlamps), 321.387(rear lamps), 321.404(signals), 321.432(horns) and 321.437(mirrors).
(9) No golf carts or UTVs shall be operated upon the public sidewalk, nor shall they be operated upon that portion of the street located between the curb line and the sidewalk or property line.
(10) Any person who operates a golf cart or UTV on the streets of the city must adhere to all applicable state laws concerning the possession and use of alcoholic beverages and all illegal drugs, as well as all other state traffic laws.
(11 Golf carts and UTVs are only allowed to park in handicapped parking spaces if the driver or at least one passenger has a valid handicapped parking sticker.
(12) No item shall be towed by a golf cart.
(13) Items towed by UTV’s shall have the appropriate rear lighting in operational condition.
(14) Golf carts may not be operated during times of inclement weather.
(15) No golf cart/UTV shall be operated upon private property without the express consent of the owner thereof.
(16) Golf carts/UTV shall not be operated in city parks or upon other city-owned land unless for a special event authorized by the police department and the operator possesses a valid permit issued by the city.
(c) Required Equipment. A golf cart operated on a city street shall have the following equipment in good working condition at all times:
(1) A clearly visible slow moving vehicle emblem displayed to the rear.
(2) A bicycle safety flag of a least six feet in height.
(3) Adequate brakes.
(4) Steering apparatus.
(17) No ATVs (three or four wheelers) will be allowed to operate within the city limits unless their use is necessary as an implement of husbandry (farm use).
10.26.020 Primary road extensions.
For the purposes of this chapter Hwy F58 (5th Street) is designated as primary road and is subject to limited use by a utility-terrain vehicle/UTV
A utility-terrain vehicle/UTV shall only be allowed to operate on 5th St long enough to access the closest available secondary road, the operator’s residence or nearest service station.
A Golf cart shall only be allowed to cross 5th street and are not be allowed to operate on 5th Street.
10.26.030 Penalty and enforcement.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to imprisonment not exceeding thirty days or a fine not exceeding one hundred dollars.
This Ordinance shall be in effect after its final passage, approval and publication as provided by law.
It was moved by Member Budding seconded by Member Owens that the ordinance change be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried First Reading Passed and approved this 12th day of September 2022.
It was then moved by Member Owens seconded by Member Marolf that the requirement that said Ordinance be considered and voted on for passage at two Council meetings prior to the third meeting at which time it is finally passed be suspended and that said Ordinance be fully adopted. Upon the question of suspending said requirement, the roll was called and vote recorded as follows.
Ayes: Owens, Voss, Budding and Marolf
Nays: None Motion Carried.
Upon the question of fully adopting said Ordinance the roll was called and the vote recorded as follows:
Ayes: Owens, Voss, Budding and Marolf
Nays: None Motion Carried
Thereupon the Mayor approved said Ordinance, declared said Ordinance fully adopted assigned the number 555 to said ordinance and ordered that said Ordinance be added to the City Ordinance book.
Jeff Horne informed the Council that Brad Jipp of Triple B Construction approached the City and is willing to do the labor to expand the parking lot at West View Park if the city would pay for the gravel. This will require 1,000 tons at $11.80 per ton, so a cost of $11,800. This would add 29,000 sq feet to the parking area. The Council agreed that the addition to the parking lot would alleviate or at least greatly help with the problem of parking on West Wate Street during the events scheduled at West View Park. It was moved by Member Marolf seconded by Member Voss that the cost for the gravel needed for this project be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
At this time the Mayor recommended appointing Brock Pelzer to the Planning and Zoning Board, and also the reappointment of Mark Maurer to the Park Board. It was moved by Member Owens seconded by Member Budding that these appointments be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
Member Voss would like the City to consider having the Convenience center open some later hours to accommodate the residence that have a hard time getting there when it is open. Jeff Horne will ask Robert Vandusen if the scheduled hours for the center could be expanded next spring to help with this problem. Member Voss also said he wanted the City employees to know that he appreciates all the hard work they do.
Member Owens inquired about the semi parking at the Steel Mill and wanted to know the statis of this problem. Chief Clark said he visited with a representative at Gerdau to discuss the parking problem. He felt that the best course of action would be to have an ordinance change to prohibit parking on the North side of West Third street. The truck parking on this side of the street has created a safety problem for cars and trucks exiting from Ayres Progress Drive and the nearby REC parking lot. The Council agreed that an ordinance change should be introduced to prohibit parking on that side of the street.
The Financial Statements were accepted and placed on file. It was moved by Member Budding seconded by Member Marolf that the total disbursements of $423,308.95 approved by the Finance Committee, be allowed and instruct the City Clerk to pay the same. The vote recorded as follows: Ayes: All Nays: None Motion Carried
No further business, this meeting was adjourned.
Attest: Mayor Keith Stanley
City Clerk Kathryn Koele