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Haverhill council votes to remove remaining sidewalks after Iowa Supreme Court ruling; approves permits, places lien on vacant property

Haverhill City Council · September 1, 2024
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Summary

At its Sept. 9 meeting the Haverhill City Council approved removal of remaining sidewalks citing a June 14, 2024 Iowa Supreme Court ruling on liability, approved a house building permit for 204 E. 2nd St., placed a lien on 302 Main St. for unpaid mowing, and set deadlines for snow bids and community events.

The Haverhill City Council voted Sept. 9 to remove the town’s remaining sidewalks and approved a bid from Vogeler Construction to break out the concrete and refill the areas with dirt, citing a new Iowa Supreme Court ruling on sidewalk liability filed June 14, 2024.

Mayor Madaleine Welton called the meeting to order at 6:30 p.m. and the council — Daters, Faircloth, Vanderah and Welton (Stalzer absent) — approved routine bills and the minutes of the Aug. 12 meeting before taking the sidewalk action.

The council’s motion to approve Vogeler Construction’s bid to remove sidewalks and refill with dirt passed with ayes from Daters, Faircloth, Vanderah and Welton. The council said affected property owners will be notified by mail. The minutes note the decision was made "due to the sidewalks poor condition" and in response to the recent court ruling; no further legal citation or timetable for removal was specified in the minutes.

In other formal actions, the council approved a building permit for a new house filed by the Stanton for 204 E. 2nd St.; the motion was made by Mayor Welton, seconded by Daters, and recorded as carried with the four council members present voting aye. The clerk’s report, accepted earlier in the meeting, listed an ending August balance of $173,301.42 and itemized August receipts totaling $3,857.93 and several vendor payments and payroll deductions.

The council voted to place a lien on an unoccupied residence at 302 Main St. to cover mowing expenses; that motion also passed with the four present council members voting aye. Council members moved and seconded a range of routine agenda items, and the minutes record votes for several motions as "Ayes – Daters, Faircloth, Vanderah and Welton, Carried. Absent, Stalzer."

The council approved a $100 purchase limit for the Helm family to refurbish a wooden bench in the city park (motion recorded in the minutes as moved by Welton and seconded by Faircloth; the minutes do not record an explicit roll-call tally for that motion). The council thanked volunteers involved in construction of a new playground and acknowledged Brett and Maggie Stalzer for donating two baby swings to the park.

Procurement items: the council tabled Z Lawn Service’s seeding bid until spring and tabled a bid from Astra until the October meeting. The council also announced it will accept snow‑removal bids for the 2024–25 season; bids must be submitted to cityofhaverhill.ia@gmail.com by Oct. 21, 2024.

The meeting closed at 7:48 p.m. The council set its next regular meeting for Monday, Oct. 21, 2024, at 6:30 p.m.

Quotes and sources: the actions and vote tallies in this report are recorded in the city meeting minutes signed by Mayor Madaleine Welton and Clerk Jenny Fogle. The minutes note the Iowa Supreme Court ruling date (filed June 14, 2024) as the reason cited by the council for the sidewalk removals; the minutes do not quote the court opinion or provide a citation beyond that filing date.

What’s next: residents affected by the sidewalk removal will be notified by mail; the city is accepting bids for snow removal through Oct. 21. The council will revisit tabled procurement items, including the Astra bid, at the October meeting.