Regular Council Meeting – Official
April 3, 2017
Community Media Center
6:00 P.M.
Mayor Dena Himes called the meeting to order. Council present: Dave Goedken, Brian Wolken, Johnny Russ, Rob Paulson, Chris Lux and Tom Yeoman. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Public Works Director Brant LaGrange, City Engineer Casey Zwolinski and Police Chief Britt Smith.
Yeoman moved to approve the agenda, adding resolution to direct a plan of action in relation to City Fountain repairs or upgrades; resolution to provide for a notice on proposed plans, specifications, form of contract and estimate of cost for the 2017 South Main Street HMA Resurfacing project and a possible closed session on the potential purchase of real estate. Russ seconded, roll call unanimous.
Wolken moved to approve the consent agenda, Paulson seconded. Herman advised that Alice Shimanek was looking at resigning from P& Z Board and she talked with Chris Sasina who was interested in serving; Dennis Gray requested appointing Doug Bean to replace Chuck Claussen on the Soldiers Memorial Board; and Yeoman agreed to be the Park Board Representative to the Fair Board. Roll call unanimous.
Mayor Himes opened the public hearing on the proposed Development Agreement with Menasha Corp., d/b/a Orbis Manufacturing, including tax increment payments in an amount not to exceed $1,207,236. Herman advised there were no changes to the agreement with Orbis from last Council meeting. Herman also advised the Council will need to amend the Urban Renewal Area and the Urban Renewal Plan to include this area. Staff received no oral or written comments. Mayor Himes closed the hearing on the proposed Development Agreement with Menasha Corp., d/b/a Orbis Manufacturing. Yeoman moved to approve Resolution #17-35 approving a Development Agreement with Orbis Manufacturing, a subsidiary of Menasha Corporation, including tax increment payments in an amount not to exceed $1,207,236. Wolken seconded, roll call unanimous.
Mayor Himes opened the public hearing on the proposed Re-Zoning of Properties located at 322 W 4th Street, 525 S. Maple Street, and the corner of E. Washington and S. Cedar Streets. Staff received no written comments. Herman reported some of the neighbors of 522 S Maple Street voiced concerns on setbacks and water runoff issues. Herman stated the 322 W 4th Street if rezoned to R-2 would be required to have two parking spaces per dwelling. Herman advised the City Code requires building permits for R-2 property to include a certificate signed by the licensed surveyor verifying the lot lines and a signed certificate from a licensed engineer or architect that the firewall meets or exceeds construction standards set by the State of Iowa fire codes. Herman suggested these requirements are for new development. Steve Intlekofer, owner of these properties, stated he did not have the survey or firewall. Intlekofer stated 10 years ago, he and prior Public Works Director Dana Edwards and they agreed there was enough space to build according to the GIS on 525 S. Maple. The current GIS shows there is not enough space, so Intlekofer will have to do a survey. Intlekofer requested Council not pursue the rezoning request for 522 S Maple Street at this time. Herman suggested tabling the rezoning for Maple Street property, so save the expenses to have the hearing notice republished. Intlekofer stated currently a father, daughter and granddaughter living at 322 W 4th Street. He is willing to add two parking spaces on the east side of the lot and has plenty of space for that. Wolken had concerns on the garage not being attached to the house. Council also discussed if the driveway was not wide enough to get a car around a parked car, if that was a parking space or a drive. He also reported there is separate accesses for both units. Herman stated in the past one tenant left and requested the water to be shut off and it was discovered that the tenant was paying for all utilities for both units, without their knowledge. Council felt separate utilities needed to be installed prior to rezoning. Jerry Behrends, 616 S. Main Street, stated the tenants of 522 S. Maple have driven on his property to access the rear lot. Larry McDonald, 521 S. Maple, stated he was very against a two-stall garage being built on this property as all the water would run onto his property. LaGrange stated that Intlekofer permit was denied. Herman stated it was denied as the neighbors didn’t sign the required application. Mayor Himes closed the hearing on the proposed Rezoning of Properties located at 322 W 4th Street, 525 S. Maple Street, and the corner of E. Washington and S. Cedar Streets.
Goedken introduced and moved Ordinance #695 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 at: SE Corner of E. Washington and S. Cedar Street (112 E Washington Street), Monticello, IA 52310 and amending the Official Zoning Map, first reading and in title only. Russ seconded. This will change the zoning from C-1 General Commercial to R-1 Single-Family Residential. Roll call unanimous.
Goedken introduced and moved Ordinance #696 amending Chapter 165 “ZONING REGULATIONS” of certain property located within the City Limits of the City of Monticello, same being generally described as 322 W 4th Street, Monticello, IA 52310 and amending the Official Zoning Map, first reading and in title only; subject to appropriate parking and separate utilities are installed. Yeoman seconded. This will change the zoning from C-1 General Commercial to R-1 Single-Family Residential. Roll call vote, Goedken, Yeoman, Paulson, Russ and Lux voted aye and Wolken voted nay. Motion carried.
Yeoman moved to table Ordinance amending Chapter 165 “ZONING REGULATIONS” of certain property located within the City Limits of the City of Monticello, same being generally described as 525 S. Maple Street, Monticello, IA 52310 and amending the Official Zoning Map, Goedken seconded, roll call unanimous.
Mayor Himes opened the public hearing on the proposed re-zoning of Kraus property located at 410 E. Oak Street, Monticello, from R-1 to C-1. Staff received no oral or written comments. Herman reported that Kraus decided to demolish the former “IDOT” and would like to change the rezoning to R-3 Multiple Family Residential instead of C-1 General Commercial, as was published. Herman advised Kraus is looking to build a condo on this lot. Mayor Himes closed the hearing on the re-zoning of Kraus property located at 410 E. Oak Street, Monticello, from R-1 to C-1. Herman recommended changing the zoning from C-1 to R-3.
Wolken introduced and moved Ordinance #697 amending Chapter 165 “ZONING REGULATIONS” of certain property located within the City Limits of the City of Monticello, same being generally described as 410 E. Oak Street, Monticello, IA 52310 and amending the Official Zoning Map, first reading and in title only. Goedken seconded. This will change the zoning from R-1 Single-Family Residential to R-3 Multiple Family Residential. Roll call unanimous.
Mayor Himes opened the public hearing on the proposed rezoning of numerous parcels of property located within the City of Monticello, as identified within Addendum “A” that are incorrectly zoned or incorrectly classified by the City of Monticello official zoning map. Staff received no written comments. Herman suggest doing two separate ordinance, so Kraus property could be rezoned and not hold up the construction of the condos. Herman stated all the property owners were contacted prior to the P & Z Board meeting and ones who contacted him had no problem with the changes proposed. Mayor Himes closed the hearing on the rezoning of numerous parcels of property located within the City of Monticello, as identified within Addendum “A” that are incorrectly zoned or incorrectly classified by the City of Monticello official zoning map.
Goedken introduced and moved Ordinance #698 amending Chapter 165 “ZONING REGULATIONS” of certain property located within the City Limits of the City of Monticello, same being generally described as 412, 414, and 416 E. Oak Street, and Parcel 2012-126 located in Doden’s 1st Addition Lot 2, also identified by Tax Parcel I.D. 0227176041, all located within the City limits of Monticello, IA 52310 and amending the Official Zoning Map, in title only and moved that the rule requiring that an ordinance be considered and voted on for passage at three council meetings prior to the final (third) consideration be suspended and that the ordinance be considered for final passage and adopted, Lux seconded. This will change the zoning from C-1 General Commercial to R-3 Multiple Family Residential. Roll call unanimous.
Russ introduced and moved Ordinance #699 amending Chapter 165 “ZONING REGULATIONS” of certain property located within the City Limits of the City of Monticello, same being generally described as set forth within Addendum A, attached hereto, all located within the City Limits of Monticello, IA 52310 and amending the Official Zoning Map, first reading and in title only. Wolken seconded. Roll call vote, Russ, Wolken, Paulson and Lux voted aye and Goedken and Yeoman abstained, as they have property being rezoned. Motion carried.
Herman advised paperwork in all in place to finalize annexation of Yousse Sign Shop, Koob’s Garage, the City Shop and the Monticello Machine Shop. Herman reported certified mailing was sent to County Auditor and Attorney as required by Code of Iowa. Goedken moved to approve Resolution #17-36 scheduling Public Hearing on proposed Voluntary Annexations, Russ seconded, roll call unanimous. Hearing will be held on April 17, 2017 at 6 PM.
Herman reported Theisen proposes a storm water cost share related to water problem behind their building including modifications to City curb and gutter along S. Maple Street. LaGrange reviewed the proposed project, the total project cost is estimated be $15,898, of which $6,000 is associated with curb and gutter removal along with the installation of an 8” tube under the curb to the catch basin on 1st Street. Theisen has requested a 50% cost share of the $6,000 related to the City curb and gutter removal and tiling portion of the project, or a $3,000 City investment. Goedken moved to approve Resolution #17-37 to approve proposed storm water cost share agreement between City of Monticello and Theisen Inc.; in the amount of $3,000 with separate agreement requiring that Theisen is responsible to clean the tiling if it becomes plugged. Yeoman seconded. Roll call unanimous.
Herman reported the E. 1st Street Bridge grant required two temporary easements and one permanent easement. William and Camela Greif agreed to grant a temporary easement and a permanent easement in relation to the E 1st Street Bridge project, granting both to the City at no cost. The grant also required the City to grant itself a temporary construction easement on the grounds of the Disc Golf Course. Wolken moved to approve Resolution #17-38 Approving
Temporary and Permanent Easement Agreements granted to the City by William J. and Camela C. Greif and further approving and authorizing entry into a Temporary Easement Agreement whereby the City of Monticello grants the City of Monticello a Temporary Easement, all in relation to the City of Monticello, Iowa, E 1st Street Bridge Replacement Project. Goedken seconded. Roll call unanimous.
Herman reported with the impending S. Main Street reconstruction /overlay Project, City Staff looked into replacing several manholes that are either totally brick or partially brick. City Engineer helped prepare the plans. LaGrange reported a manhole by Dr. James’ office could possibly be removed completely. Herman reported three bidders were contacted with two submitting a competitive quotation. Eastern Iowa Excavating & Concrete quotation was lowest at $91,925. Herman stated an IDOT permit will be required to work in the right of way. Contactor will have to shut down lanes of traffic, but should be able to have at least one lane open. Goedken moved to approve Resolution #17-39 Approving the 2017 Main Street Manhole Replacement Project and authorizing the entry into an agreement between the City of Monticello and Eastern Iowa Excavating and Concrete to perform the work as specified by the City in the amount of $91,925, with the completion date July 1st. Russ seconded. Roll call unanimous.
Herman reported an energy audit was completed a few years ago and bids were sought from two local contractors, REM Electric and Monti Plumbing, Heating and Electric, to replace nearly all lighting within the Berndes Center with LED fixtures. Herman advised low bidder was Monti Plumbing, Heating and Electric in the amount of $25,879. Yeoman moved to approve Resolution #17-40 to approve Berndes Center “2017 LED Lighting Upgrade Project”, Goedken seconded. Roll call unanimous.
Goedken moved to approve Resolution #17-41 Scheduling Public Hearing on the proposed Amendments to the Monticello Urban Renewal Area and the Monticello Urban Renewal Plan, seconded by Lux, roll call unanimous. Public Hearing will be on May 1, 2017 at 6 PM.
Herman reported meeting with Josh Iben, Brian Wolken and LaGrange to discuss options related to the repair /renovation of the City fountain by the Aquatic Center. Options 1 -2 would all include repairing the fountain by removing much of the flooring, re-doing the pit near the fountain, ensuring the water line to the fountain are not leaking. Option 1 – then install a fountain that looks similar to what is currently there, but smaller, surrounded by a new interior stone wall to capture the water from the fountain to be recycled through fountain. Lighting would be outside the pond but inside that area of existing walls which would be converted to an above ground flower garden. Option 2 – then install a three tiered fountain, similar to but larger than the one at Pocket Park, surrounded by a new interior stone wall to capture the water from the fountain to be recycled through fountain. Lighting would be outside the pond but inside that area of existing walls which would be converted to an above ground flower garden. Option 3 – Do nothing to inspect and/or repair the water feed/system to the fountain and hire a contractor to perform obvious repairs the water feed/system to the fountain and hire a contractor to perform obvious repairs to the pond area and then install a liner in the fountain. Hoping the leaking is occurring from the pond cavity and not under the fountain or otherwise associated feed. We would look at a different lighting set up, moving the lights outside of the pond area. Option 4 – Would be total removal of the current fountain, create a committee to study if there is a better option or in alternative. Herman showed pictures for representation of options 1 and 2. Wolken stated people like the nostalgic look of the fountain. Sharon Kell with Federated garden Club stated the only reason she joined the club was because of the fountain and like the sprinkler style of fountain. Russ and Lux stated they like the sprinkler type fountain, which is similar to the current fountain. Himes and Yeoman stated they liked the 3 tier style of fountain. Russ moved to approve Resolution #17-42 directing a plan of action in relations to the City Fountain repairs and upgrades, noting to preparing plans for the sprinkler style of fountain, with the 3 tier fountain as a bid alternative. Lux seconded. Roll call seconded.
Herman reported the 2017 Main Street H.M.A. Resurfacing Project plans, specifications, form of contract and cost estimates have been filed with the City Clerk. Bids are due and will be opened on May 3, 2017 at 10:00 a.m. and a public hearing needs to be set. Yeoman moved to approve Resolution #17-43 to provide for a notice of hearing on proposed plans, specifications, form of contract and estimate of cost for the 2017 Main Street H.M.A. Resurfacing Project, same now being of file with the City Clerk, and the taking of bids therefor. Wolken seconded. Roll call seconded. Public Hearing will be held on May 15, 2017 at 6 PM.
Herman reported there is an open board position on Tree Board.
Herman advised that Smith hand delivered letters to each property associated with the alleyway between S. Chestnut and Linden Streets from Buckeye to Varvel Street. With comments received so far there is not a strong consensus to make alley one way. Some suggested a speed bump on each end of the alley.
Herman reported that Al Hughes is working to sell his house that had the fire and looking to possibly salvage some of the belongings in the home. Smith meet with Hughes to be sure home was secured without a fence and Smith was content with the enclosure being used at this time. Curt Hughes, from Iowa City, has been working to salvage items from the home, every day since the fire. He has someone that wants all the lumber from the home and the Victorian items that can be salvaged. He has negotiated and agreed on price with Al Hughes to purchase the home and is going to be taking abstract to get it updated., then have an attorney review it. If he purchases the property, he intends to make it a green space by Fair time, if the Council would work with him. He has a crew that tears down homes for salvage. He was looking into liens and judgements that may be on the property. Herman stated that there is a tax sale judgement and liens on the property. Curt Hughes was aware of these, so he has visited with the County Treasurer’s office. Wolken suggested if he has someone to salvage the house to get working on the contracts. Goedken glad to hear he had someone to tear down the home. Curt Hughes questioned about leaving the garage on the lot until he decided to build or sell the lot. Herman advised he would need to go to P & Z Board for their recommendation and then get Council approval to keep the garage. Herman suggested Curt Hughes get an agreement with Al Hughes to purchase the home, contingent on Council approving the garage to stay. Council asked Curt Hughes to keep the Council informed.
Herman reported receiving a text during the meeting, advising him that Sue Chapman was interested in serving as the Park Board rep to the Fair Board. Herman asked Park Board Member Kim McQuillen to ask Chapman is she would be interested to continue to serve about a month ago and heard nothing back.
Herman handed out a picture of a possible sign to be installed at the Disc Golf Course, closer to the shelter. With names of John Baty, Bill Greif and Lloyd Welter families on it to acknowledge their donation to the park. No action was taken.
Goedken moved to go into closed session under §21.5(1)(j) of the Iowa Code “To discuss purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for the property”, Wolken seconded. Roll call unanimous.
Yeoman moved, Russ seconded to end the closed session and return to open session. Roll call unanimous.
Wolken moved to direct Herman to proceed as discussed related to the purchase of the real estate. Russ seconded. Roll call unanimous.
Wolken moved to adjourn the Council meeting at 8:48 P.M., roll call vote unanimous.
Dena Himes, Mayor
Sally Hinrichsen, City Clerk