Regular Council Meeting – Official
April 2, 2018 – 6:00 P.M.
Community Media Center
Mayor Brian Wolken called the meeting to order. Council present: Dave Goedken, Gary “Butch” Pratt, Rob Paulson, Chris Lux and Tom Yeoman. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Police Chief Britt Smith and City Engineer Patrick Schwickerath. Public Works Director Brant LaGrange arrived later in the meeting. Council member Johnny Russ was absent.
Yeoman moved to approve the agenda, Goedken seconded, roll call unanimous.
Bud Coyle, 515 N Sycamore, inquired about two cars parked at the new city parking lot near the Pocket Park that were not being moved as required by the City Code. Smith stated he was aware of these cars, which belong to the owners of the Chinese Restaurant. Smith stated the Police Dept could pursue greater enforcement if the Council desired.
Coyle also inquired if the extra $20.00 charge for the sewer plant upgrade would be placed into a special fund. Wolken stated that the Council had not made a decision on that front but that if the Council moved forward with a fee to create a set aside consistent with their discussions that those funds would be set aside for future sewer plant improvements. Goedken stated that people have suggested using the debt service to help fund the sewer plant upgrade and the rest with sewer rate increase. Goedken stated the $20 would affect people on fixed incomes. Herman explained that sewer rates used to be calculated at 160% of water fees and were reduced to 150% a number of years ago. In lieu of a flat fee increase, Herman suggested that the % could be increased, thereby impacting the heavier users of the sewer plant at a greater rate than those using less water, and therefore less sewer.
Goedken moved to approve the consent agenda, Pratt seconded, roll call unanimous.
Mayor Wolken opened the public hearing on the proposed abandonment of Alleyway right of way generally located between 4th and 5th Streets to the east of N. Chestnut Street and West of the Fareway property. Herman reported that the P & Z recommended vacation of alley. No public comments were received and City Staff reported that they had not received any oral or written comments. Herman stated that the ROW would be transferred to the adjacent property owners. Mayor Wolken closed the public hearing. Goedken moved to approve Resolution #18-44 Vacating Alleyway Right-of-Way and transferring same to adjacent property owners, Yeoman seconded, roll call unanimous.
Yeoman moved to approve Resolution #18-45 Approving Howard Jeffery & Carole Anne Podhaski Tax Abatement Application related to Residential Improvements constructed at 506 Locust Court, Monticello, Iowa, Goedken seconded, roll call unanimous.
Herman stated that he and Park and Rec Director Jacob Oswald noticed the new flooring did not call for a second color for the border. Herman stated the flooring currently has a border and in his opinion it would be aesthetic purposes and to more definitively mark the out of bounds areas. The cost to add the border would be $2,340. Yeoman moved to approve Resolution #18-46 to approve amended contract between the City of Monticello and Anderson Ladd, Inc. to install, with appropriate preparation, a new floor surface at the Monticello Berndes Center, Pratt seconded. Roll call vote, Yeoman voted aye and Pratt, Paulson, Lux and Goedken voted nay. Motion failed. LaGrange arrived. Based upon the failure of this motion, the past action of the Council will stand, that being to move forward with the project but without a border color.
Herman reported that the City Engineer recommended the approval of Pay Request #7 related to the Ten-Tee Hangar Project with appropriate retainage. Yeoman moved to approve Resolution #18-47 To Approve Pay Request #7, related to the Monticello Airport Ten-T Hangar project, to Schaus-Vorhies in the amount of $50,546.65, Goedken seconded, roll call unanimous.
Herman reviewed Snyder & Associates proposed services agreement to prepare a Wastewater Facility Nutrient Reduction Strategy and Facility Plan. A facility plan will at some point be necessary if the City is required to update the treatment facility which is deemed to be likely in the not too distant future. Herman explained that if the Council contracted with Snyder to prepare the nutrient reduction strategy report and the facility plan that the Council would, in essence, be choosing Snyder to be the Engineer on the eventual Sewage Treatment Plant project, as another firm may choose to design the plant differently. Council questioned the timeline to complete the nutrient reduction strategy report; Schwickerath informed them that the report was due by October 1st and may take a few months to complete. Goedken expressed his opinion that the City should move forward with the facility plan as it would put the City in a better position for grant funding should funding become available to assist with such a project. Goedken moved to approve Resolution #18-48 to approve Professional Services Agreement between City of Monticello and Snyder & Associates related to the preparation of a Wastewater Nutrient Reduction Strategy Report and Wastewater Treatment Plant Facility Plan, Pratt seconded, roll call unanimous.
Herman explained that the City Council had previously divided the 6th Street ditch into three segments: 1) area east of Hwy 38, 2) upper end along North Chestnut, generally near Scott Chally’s property and 3) the areas from the Chally property to Hwy 38. Council previously decided to focus on segments 1 and 2 at this time. Herman reviewed the proposed services agreement with Snyder & Associates related to the preparation of the easement acquisition documents related to the 6th Street Ditch Rehabilitation project. Schwickerath stated they would create 5 permanent and 7 temporary easements at a cost of $9,600. Herman stated that if the Council later decided to proceed with segment 3 that there would be an additional 9 permanent and 5 temporary easements at an additional cost of $12,600. Goedken moved to approve Resolution #18-49 to approve Professional Services Agreement between City of Monticello and Snyder & Associates related to the preparation of Easement Acquisition Documents related to the 6th Street Ditch Rehabilitation project, Lux seconded, roll call unanimous. This is for segments 1 and 2 only.
Goedken moved to approve Resolution #18-50 reporting all employee wages for calendar year ending December 31, 2017, Pratt seconded, roll call unanimous.
Herman reviewed the proposed agreement between the City and the MYBSA related to youth baseball and softball programming. Generally, the agreement provides that the City would be responsible for registration and scheduling of fields with the possibility of the City’s role increasing in coming years. MYBSA will schedule, organize and oversee tournaments and concession stand operations. Parents are taking their kids out of the Rec programing to play on tournament ball teams, not leaving enough kids to have Rec leagues. Dyersville and Manchester require tournament team members to also play on the Rec leagues if they wish to use any fields for tournament team purposes. The MYBSA Board voted to recommend to the City that a policy be passed to require grades 2nd and lower to participate in Rec League if they wished to use the fields for tournament team practices or games. Herman reported that the City would need an agreement with the School if the Rec. Program was to put such a prohibition on school diamonds. Goedken moved to approve Resolution #18-51 Approving Agreement between the City of Monticello and the Monticello Youth Baseball Softball Association (MYBSA), Lux seconded, roll call unanimous.
Goedken moved to approve Resolution #18-52 Approving a policy to limit the use of City ball Diamonds to those teams participating in City of Monticello sponsored Recreation Youth Baseball and Softball Leagues, 2nd grade level and down, with the requirement moving forward with the current 1st and 2nd graders as then enter the 3rd and 4th grade divisions, seconded by Yeoman, roll call unanimous.
Herman reviewed the Downtown Exchange program sponsored by the Iowa Downtown Resource Center /Iowa Economic Development Authority. The program pairs two communities together to visit each other’s community, specifically focused on the downtown, with the goal of acquiring objective feedback from each community on their experience and reactions to the other; this is a free program. Herman already submitted the application as participation is limited to the first 20 communities. Yeoman moved to approve Resolution #18-53 Endorsing the submission of Iowa Downtown Exchange Application and approving Letter of Support, Lux seconded, roll call unanimous.
Herman reported that the County Board of Supervisors vacated a right of way previously identified as Locust Street, not the current Locust Street, and nearby alleyways in 1862. Those records are scant and incomplete and have created title issues for some property owners. To help those impacted property owners clear the titles to their properties it is proposed that the City and County transfer the vacated property by Quit Claim Deed to the property owners. Goedken moved to approve Resolution #18-54 to recognize the past vacation of R.O.W. and to authorize the execution and delivery of Quit Claim Deeds to adjacent property owner(s), Pratt seconded, roll call unanimous.
Goedken moved to approve Resolution #18-55 to approve agreement between the City of Monticello and Paul Beckman and Robert Kremer related to building restrictions on lot located between 402 N Chestnut and 424 N Chestnut Street, legally described as: Lot 244 of Railroad Addition, City of Monticello, State of Iowa, Pratt seconded, roll call unanimous. This agreement was a condition precedent to changing the zoning of said lot from R-1 to C-1.
Herman explained that there has been a lot of discussion related to the replacement of the colored strip of concrete on the back of the downtown curbs to brick pavers, specifically to old City Street pavers. Herman prepared a proposed resolution that would approve a plan to enact a policy to require the placement of brick pavers in lieu of the colored concrete strip and to direct Herman to work on a proposed policy. Yeoman moved to approve Resolution #18-56 to approve the plan to require Brick Paver placement in lieu of colored concrete strip in downtown commercial district and directing the City Administrator to draft a policy related thereto for further Council consideration, Pratt seconded, roll call unanimous.
Herman reported that the Berndes Center’s HVAC systems condensers have regularly been failing and that the units have been freezing up. Trint Adams, Next Generation, inspected the units and helped prepare bid specs that involve corrections to current ducting and the replacement of approximately twenty (20) year old equipment. Adams reported that the units were not installed according to the manufacturer’s recommendations and were not getting enough air flow which caused many of the failures and repairs. Goedken moved to approve Resolution #18-57 to approve publication of Notice to Bidders related to HVAC improvements and repairs at the Monticello Berndes Center, Lux seconded, roll call unanimous.
Herman reported that body work on the old water department van would cost approximately $6,112.91. With the replacement of this van, it was intended to allow the Park and Rec. Dpt. access to this vehicle. Staff reports that the van is mechanically sound. Herman questioned if the van, with a likely value of less than $2,000 justified that expense, whether it should be sold or traded in or used as is. Due to a lack of a motion, the proposed resolution to approve repairs to the City old water van to be utilized by the City Park and Rec department, was not approved. Council suggested using the van until it was no longer usable.
Goedken moved Ordinance #710 amending the Monticello Code of Ordinances by amending Chapter 165 “ZONING REGULATIONS” of certain property located within the City Limits of the City of Monticello, same being generally described as vacant lot located between 424 N. Chestnut Street to the north and 402 N Chestnut Street to the south, Monticello, IA 52310, and legally described as Lot 244 of Railroad Addition, City of Monticello, Iowa, and amending the Official Zoning Map, third and final reading and in title only, Pratt seconded, roll call unanimous. This will change the zoning from R-1 Single-Family Residential to C-1 General Commercial.
Herman reviewed changes to Ordinance #711 related to Chapter 165.42 of the City Code related to non-conforming buildings and structures, as directed by Council. Herman stated that he had only received e-mails from Steve Intlekofer since the first reading. Council discussed whether a non-conforming structure should be allowed to be enlarged with an addition if that addition was conforming, if looked at independently from the non-conforming structure, and the original non-conforming structure was located wholly within the parameters of the property on which it was located. Consensus was that there are many non-conforming structures in older parts of the community and additions or enlargement should be allowed so long as they meet the requirements of the Code and so long as the original structure lies within the bounds of the lot on which it is located. Goedken moved Ordinance #711 amending Chapter 165.42, Zoning Regulations, Monticello Code, by Amending Provisions Pertaining to Nonconforming Buildings and Structures, second reading and in title only, Paulson seconded, roll call unanimous. Herman was directed to revise the proposed ordinance prior to the next meeting to clarify the positon of the Council that some non-conforming structures may be enlarged as discussed during the meeting.
Herman reported that the Police Chief City Code requires residency within City limits during employment with the City. Chief Smith has requested an allowance to live outside the City limits. Herman prepared the Ordinance to amend Police Chief Residency requirements to within 5 miles. Pratt questioned what the purpose was to require any distance and did not feel the City could restrict it. Herman felt by contractual agreement that a restriction could be imposed. Council discussed amending the Ordinance to require that any restrictions related to residency be included within the employment agreement. Yeoman introduced and moved Ordinance #712 amending Chapter 35 Police Department, Monticello Code, by amending Provisions Pertaining to Police Chief Residency Requirements, removing residency requirements from the Code and requiring that any residency requirements be set forth within the employment agreement, first reading and in title only, Goedken seconded, roll call unanimous.
Herman reported that the City Code requires the City Administrator to reside within City Limits during employment with the City, or as stated in contract. Herman requested an allowance to live outside the City Limits. Herman explained that he has property both in Monticello and outside of Monticello and while he plans to reside at both locations, is currently living outside the city limits. Renovations are underway at the Monticello location and even when finished, he will likely continue to reside more at the out of town location but will continue to own and reside at both. Herman stated that he has lived in the community for twenty-four (24) years and is committed to the community and doesn’t feel that a residency requirement is necessary to ensure that commitment. Goedken introduced and moved Ordinance #713 amending Chapter 21 City Administrator, Monticello Code, by amending provisions pertaining to City Administrator Residency Requirements, removing residency requirements from the Code and requiring that any residency requirements be set forth within the employment agreement, first reading and in title only, Yeoman seconded, roll call unanimous.
Herman reported moving forward with taking title to 103 W 1st Street and is working with Mel Pins, IDNR, to move forward with an asbestos inspection, with the costs of same to be reimbursed by the IDNR Brownfield program.
Herman will complete further investigation related to the potential Band Parent’s fundraiser request that would involve the painting of a Monticello logo “M” and paw print on business sidewalks. The logo is currently proposed to be 2’ X 3’ in size and would be painted with traffic marking quality paint. Council expressed concerns related to the potential number of logos to be painted and how a logo would be maintained once it started to deteriorate or fade.
Herman reported that a storm sewer has caved in near the S. Cedar Street and S. Main Street intersection. LaGrange reported that the slip joint in the storm sewer was not tied and likely caused the pipe to separate. Council directed LaGrange to get repair estimates and to consult with the City Engineer and to bring recommendations back to the Council.
Herman discussed Hotel Motel tax rates with the City Council. Herman informed the Council that Boulders ownership was not opposed to an increase in the rates and that Monticello’s 5% rate is not the norm, with most Iowa communities having a 7% rate. Council supported moving forward with the increase. Herman will check with the County Auditor for dates that a vote could be taken.
Herman recommended implementing a minimum building permit application fee that is non-refundable. The permit application fee would cover costs associated with LaGrange’s time to review the permits and if the permit is approved the balance of the permit fees would then be due and a permit delivered for the project.
Herman reviewed City Fountain meeting minutes prepared by Casey Reyner.
Herman reported the IDNR will be holding Project AWARE, a Maquoketa River cleanup project, this summer. It will be held the week of July 9 -13, starting in Manchester. The Monticello portion will take place July 12th, with the MonMaq Dam being the half way point for the day.
Herman reviewed amendments to the City/ County Maintenance Agreement proposed by the County Engineer. No action was taken.
Pratt moved to adjourn at 8:05 P.M.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk