Regular Council Meeting – Official
June 19, 2017 – 6:00 P.M.
Community Media Center
Mayor Dena Himes called the meeting to order. Council present: Dave Goedken, Brian Wolken, Rob Paulson, Johnny Russ, Chris Lux and Tom Yeoman. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Public Works Director Brant LaGrange, City Engineers Casey Zwolinski and Lindsay Beaman and Police Chief Britt Smith.
Yeoman moved to approve the agenda, adding fireworks donation resolution, Russ seconded, roll call unanimous.
Russ moved to approve the consent agenda, Lux seconded, roll call unanimous.
Mayor Himes opened the public hearing on the Corrective Easement between City of Monticello and ITC Midwest, LLC. Herman reported while reviewing the abstract of title for 224 N Chestnut Street, he discovered an error in the legal description of the easement with ITC. The easement should have read the “easterly” 25’ as opposed to the “westerly” 25’ of the property. No public comments were received and City Staff reported that they had not received any oral or written comments. Mayor Himes closed the public hearing. Goedken moved to approve Resolution #17-72 Resolution to approve execution of Corrective Electric Line Easement adjacent to 224 N. Chestnut Street, Monticello, Iowa, Russ seconded, roll call unanimous.
Herman reviewed proposed changes to the 28E agreement between the City and Fair approved in 2011 in relation to the Citizens State Bank Youth Development Center. Herman reviewed a number of paragraphs of the agreement that were no longer applicable due to the fact that they pertained to the development and construction of the building and other paragraphs that could be considered for omission or amendment. Council was comfortable with all proposed amendments but for the removal of Paragraph #6 which required the Fair and the Extension Office to pay market value rent to a building fund, same to ensure the long term maintenance of the building. Goedken moved to approve Resolution #17-73 Resolution to approve Amended Agreement between the City of Monticello and the Fair and Exposition Society of Jones County, Iowa with regard to the Jones County Youth Development Center, with paragraph #6 provisions to remain, Russ seconded, roll call unanimous.
Herman reviewed proposed wages for non-bargaining staff, which was determined on cost of living, per contract, years of service and job performance. Yeoman moved to approve Resolution #17-74 Approving wages for non-bargaining staff for FY ‘18, Goedken seconded, and roll call unanimous.
Herman reported that the Library Board sets wages for the library. Goedken moved to approve Resolution #17-75 To Acknowledge Monticello Library Director and Staff wages for FY ‘18, Lux seconded, roll call unanimous.
Yeoman moved to approve Resolution #17-76 Approving investment in the Independence Day Fireworks and related festivities to be held on July 4, 2017, in the amount of $2,600.00, Goedken seconded, roll call unanimous.
Herman reviewed proposed ordinances pertaining to fences on double frontage lots and the height of the fence. Wolken introduced and moved Ordinance #705 Amending Chapter 165, Zoning Regulations, and Monticello Code, by Amending Provisions Pertaining to Fences, first reading and in title only, consistent with the draft ordinance provided the Council identified as Option #2 with the exception of the allowable fence height, modifying the proposed allowable maximum height from 8’ to 6’, Yeoman seconded, roll call vote, Wolken, Yeoman, Paulson and Lux voted aye and Goedken and Russ voted nay. Motion carried.
Goedken moved Ordinance #702 amending Chapter 165 Zoning Regulations, Monticello Code, by Amending Provisions Pertaining to Accessory Building, Structures, and Uses, third and final reading and in title only, Wolken seconded, roll call unanimous.
Goedken moved Ordinance #703 amending Monticello Code of Ordinances, by Adding Chapter and section 165.48, related to Urban Chickens, second reading and in title only, Wolken seconded, Roll call unanimous.
Herman reported that the State Code was amended with regard to the use and sale of fireworks in Iowa. The City may restrict the use and sale of fireworks beyond those set forth in the State Code. Hinrichsen stated that she had received one public comment from a resident on 7th Street who was concerned with potential property damage related to the use of fireworks within the City limits. The Council had previously approved the first reading of the Ordinance, and Goedken moved to suspend the rule requiring three separate readings of an ordinance and that Ordinance #704 amending City Code of Monticello, Iowa by amending Chapter 41.11 (Fireworks), be considered placed upon its final passage and adopted, Russ seconded, Roll call vote unanimous.
Herman reported that although the Council had previously approved a sewer bill credit request for Ron Buscher, 925 Southaven Drive, it was conditioned on the credit meeting the policy mandated minimum threshold of $100. Herman reported that the City Clerk’s office calculated the credit to come in less than $100 and, therefore the credit cannot be allowed under the policy.
Herman reported that there is one position open on the Tree Board and two openings on the ECIA Board that meets in Dubuque on a quarterly basis, with a focus on low-income housing needs and rental assistance.
Herman reported that the East South Street Reconstruction project in substantially complete and a final pay request should be ready at the next meeting. Snyder & Associates will prepare a final assessment schedule after the receipt and approval of the final pay request. Consensus of the council was to apply a 2% interest rate to the Special Assessments.
Beaman and Zwolinski reviewed the proposed 6th Street Ditch plans and requested direction from the Council on how they should proceed at this point. The plans are subject to review and approval by the Corps of Engineers. The engineers broke the project into three areas for discussion purposes; that portion east of Hwy 38; a lengthy portion west of Hwy 38 but not all the way to Chestnut Street, and the area immediately adjacent to Chestnut Street which largely involves concrete wall and footing construction. Keith and Jan Tackett were present and were in favor of the project proceeding. Upon review and discussion of the options, the Council directed the engineers to proceed with final plan submission to the Corps of Engineers with regard to that portion of the ditch east of Hwy. 38 and the area near N. Chestnut Street where concrete work, retaining walls, etc., were to be performed. Council further directed the engineer and/or staff to seek necessary easements over those areas where work would be performed and to investigate whether or not it made sense to seek easements over that portion of the ditch, between the area near Chestnut Street to the west and Hwy. 38 to the east, where work was not presently planned. Herman will work with outside legal counsel in regard to the acquisition of necessary easements. Yeoman moved to proceed with the concrete work, and earth work related thereto on the west end of the project scope near N. Chestnut Street and the entire portion of the ditch lying between Hwy 38 and 6th Street and directed Herman to proceed with outside counsel on easement acquisition, Goedken seconded, roll call vote unanimous.
Wolken moved to adjourn the Council meeting at 7:50 P.M., roll call vote unanimous.
Dena Himes, Mayor
Sally Hinrichsen, City Clerk