Supervisors back off parking ordinance

BY CHUCK VANDENBERG
PCC EDITOR

MONTROSE - A rural parking ordinance that several Lee County Department heads said would be a useful tool in dealing with nuisance infringements on rights of way, was voted down by supervisors Tuesday morning.

In a 3-2 vote Lee County Supervisors failed to pass an ordinance that would have allowed Lee County Engineer Ben Hull to recommend no parking areas to supervisors in areas in the county that he deemed were trouble spots.

Hull told supervisors at least week's meeting the ordinance could prove to be a useful tool in dealing with property owners who refuse to move property from rights of way, or skirt current state codes by moving the property incrementally and then moving it back.

Lee County Sheriff Stacy Weber agreed that the ordinance would have been helpful in giving his deputies some power to remove property once the owners had been asked to move it.

The issue arose when two businesses in Denmark, Beach and Enke Trucking and Dravis Auto and Truck Repair, began a squabble over access to roadways between the properties where vehicles are being parked by customers causing difficulty of access for other party.

Supervisor Ron Fedler voted three different ways on the ordinance, voting present when the proposed ordinance was tabled on Aug. 6, voted in favor of the first reading on Aug. 13, voted against the ordinance on Aug, 20 and again on Tuesday.

Matt Pflug voted in favor of the ordinance on it's first two readings and then voted against the new law on Tuesday. At the Aug. 20 meeting Pflug said he was voting in favor of the ordinance just to get it to a final third reading and allow for more input from the county.

Pflug said he rode with a private citizen to the area in question in Denmark and said after seeing the issue, an ordinance didn't make any sense.

Kurt Enke addressed the board and said he was disappointed in published reports where Supervisor Ron Fedler said he'd never complained about the issue before, but then said Fedler said the sheriff had been called to those locations.

"What side of this are you on, are you a habitual liar or what," Enke said.

Fedler responded saying he took offense to the remark and said Enke was making the issue a personal one, but the ordinance would effect all of Lee County.

Pflug said he visited the area earlier this week.

"I had one of the citizens drive me around and showed me the lay of the land so I was up there," Pflug said.

"Personally to justify a countywide ordinance, this situation doesn't make sense. After I saw what I saw yesterday....to put an ordinance in effect for the whole county just doesn't make sense."

Rich Harlow asked Enke if there was any way the two sides could work out an agreement between the two of them that wouldn't require an ordinance.

Enke said he thought it would just be four signs and wouldn't go into a full ordinance.

"Believe me, I did read what is in effect for the county right now, and you know, if I can't use the street, the rest of 'em aren't going to use the street. That's all I got to say," Enke said.

"I got 48 hours I can take a trailer and truck out there and park it. 48 hours (Sheriff) can come notify me and I can move it ahead two feet, and I can let it sit for another 48 hours."

Supervisors encouraged the two to work out the differences privately. Ron Fedler, after the meeting, said he would be willing to help mitigate the situation between the two.

But Fedler said after voting for the measure he heard from constituents who don't want to the ordinance and said that's why he voted against it.

Weber said the squabble in Denmark isn't the only place in the county where the new ordinance would be useful.

"It's to the point where law enforcement would like to have something in place," Weber said. "But when the county engineer comes to you and says 'for the love of god please pass something so I can do my job more effectively' - I'd listen to him," Weber said.

Chairman Gary Folluo said the ordinance also comes down to safety where people may not be able to see around stop signs in places and the sheriff is powerless to enforce moving the vehicles.

After the meeting Harlow said he's received phone calls from residents who were overwhelmingly against it, I didn't get any phone calls from anybody for it. Again, I would like to see that situation rectified. I don't think we need a countywide ordinance to settle that situation."

Fedler explained his change of position after the meeting.

"I think the difference here was that of the people that elected me to this office, I felt the majority were against it," Fedler said

"Yes they are both department heads and have departments to run, but I think we should listen to the people of the district more than the department heads."

Fedler said it hasn't been an issue for seven years and now it becomes an issue and they propose a new law.

"They said they've had other issues, but it's never come to the board. The one thing that sticks in my mind this last week, was when I person from the district talked to me and said, 'Why is it every time you get one complaint or two you're all so quick to pass a new law. We are tired of constantly passing new laws that restrict us.' I think that was a very good reason, too."

In other action, supervisors:

• approved an agreement with Tri-State Rodeo to allow use of a county parking lot in Fort Madison for shuttle service to the rodeo.

• approved a resolution appointing Bob Dodds to the Southeast Iowa Regional Economic Port Authority.