Regular Council Meeting – Official
March 5, 2018 – 6:00 P.M.
Community Media Center
Mayor Brian Wolken called the meeting to order. Council present: Dave Goedken, Gary “Butch” Pratt, Johnny Russ, Chris Lux and Tom Yeoman. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Public Works Director Brant LaGrange, Police Chief Britt Smith and Park and Rec Director Jacob Oswald. Council member Rob Paulson was absent.
Yeoman moved to approve the agenda, removing the engineer’s report on the sewer plant update, Pratt seconded, roll call unanimous.
Yeoman moved to approve the consent agenda, removing the Office Lounge outdoor liquor license permit to be considered separately, Goedken seconded, roll call unanimous.
Herman reported that the Office Lounge requested an outdoor permit to hold a St. Patrick’s Day event in the area behind their building not owned by the Office Lounge owner. The Office Lounge will need to provide the City with a lease agreement and a drawing of the area proposed to be used before the permit may be approved. Goedken moved to approve the Office Lounge request for an outdoor liquor permit, with the stipulation that a lease agreement and a drawing of the area proposed to be used be submitted, reviewed and deemed acceptable by the City Clerk, as required by Alcoholic Beverages, Russ seconded, roll call unanimous.
Mayor Wolken opened the public hearing on the proposed Fiscal Year 2018/2019 City of Monticello Budget. Staff received no oral or written comments. Mayor Wolken closed the hearing on the Fiscal Year 2018/2019 budget. Herman reported that the proposed tax rate was $13.86898, the same as last year, and briefly reviewed the budget. Council discussed the Library Board’s request for $122,500 and consensus was to leave that amount in the budget while informing the Library Board that they are only guaranteed $120,000, the same appropriation as last year, with the balance being subject to further Council review, consideration and approval. The Council commented on the Library making a part time staff person full time which increased overall benefits expenses by approximately $7,500. The Council expressed interest in receiving updates related to any changes to staffing and hours of operation. Yeoman moved to approve Resolution #18-33 Adoption of Budget and Certification of City Taxes for Fiscal Year July 1, 2018 through June 30, 2019, with the requirement that further Council approval be required before the additional library appropriation of $2,500.00 be made, Russ seconded. Roll call vote, Yeoman, Russ, Pratt and Lux voted aye and Goedken voted nay. Motion carried.
Mayor Wolken opened the public hearing on the proposed budget amendment for fiscal year 2018. Herman reviewed proposed amendments. No public comments were received, and City Staff reported that they had not received any oral or written comments. Mayor Wolken closed the public hearing. Goedken moved to approve Resolution #18-34 Amending the Current Budget for the Fiscal Year ending June 30, 2018, Russ seconded, roll call unanimous.
Mayor Wolken opened the public hearing on the proposed re-zoning of Accent Construction Property located on N. Chestnut Street between 424 N. Chestnut Street to the north and 402 N Chestnut Street to the south from R-1 to C-1. Herman reported P & Z recommended re-zoning of property with the understanding that the lot cannot be developed as a C-1 use and merely used for access / driveway purpose to the balance of Parcel 2017-43. Herman also stated that Mike Wells who owns property to the north, attended the P & Z meeting and was okay with re-zoning change as long as the water drainage issue was addressed and no building was constructed on the lot. No public comments were received, and City Staff reported that they had not received any oral or written comments. Mayor Wolken closed the public hearing. Goedken introduced and 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, legally described a set forth below and amending the Official Zoning Map, first reading and in title only, Russ seconded, roll call unanimous. This will change the zoning from R-1 Single-Family Residential to C-1 General Commercial.
Herman reported that Noah Johnson with Anderson Ladd informed the City that the floor he proposes for use at the Berndes Center is in use at the University of Wisconsin River Falls and it has been subjected to heavy equipment and has held up very well. Council discussed the potential purchase of a new stage for use in the facility that would be more floor friendly, potentially requiring tenants to rent a stage, whether from an outside entity or the City should the City continue to make one available, and potentially increasing the facility deposit. The proposed flooring will have a 25 year warranty. Goedken moved to approve Resolution #18-35 to authorize entry into agreement with Anderson Ladd, Inc. related to the purchase and installation of a new flooring system at the Monticello Berndes Center, Pratt seconded, roll call unanimous. Herman stated the proposed flooring would be the Pulastic Classic ECO 90, with 7 mm rubber pad at a cost of $105,694. Oswald reported the Park Board will make a recommendation of color for Council consideration.
Herman and LaGrange reviewed the bids received in response to the City’s advertised 2018 Street Repair Bid packages. Accent Construction was low bidder for bid package #1 in amount of $31,393.75; Midwest Concrete was low bidder for bid packages #2 and #5, in the amounts of $25,522.50 and $60,750.00, respectively, and MAC Concrete was low bidder on bid packages #3 and #4, in the amounts of $32,105.00 and $9,483.00, respectively. Midwest Concrete was the only bid received for bid package #5 which is related to curb and gutter replacement on Walnut and 3rd Streets. Council discussed the potential benefits of a more comprehensive plan related to the future of the brick streets and agreed that it may make sense to have the City Engineer look at the intersection of Walnut and N. Chestnut before moving forward with this bid package. Herman stated that the FY ’19 included funds to cover the cost of engineer fees related to design work associated with the proposed reconstruction of N. Sycamore and a portion of N. Chestnut Streets. The City would likely bond for those street projects in FY ’20. Yeoman moved to approve Resolution #18-36 Accepting bids and awarding contracts related to 2018 Street Repair Projects, Goedken seconded, roll call unanimous. Resolution awards bids for packages #1-4.
Goedken moved to approve Resolution #18-37 Approving Rebecca K. Kraus Tax Abatement Application related to Residential Improvements constructed at 512 Locust Court, Monticello, Iowa, Russ seconded, roll call unanimous.
Herman reported that while GIS shows a portion of the alley located between 4th and 5th Streets to the east of N. Chestnut Street and West of the Fareway property having previously been vacated or abandoned, that the County Auditor’s office recommended that the entirety of the alleyway be vacated, even the portions shown as having been previously vacated or abandoned, to avoid confusion in the future. Herman explained that the County desire to see the entirety of the alleyway vacated necessitates a new Public Hearing notice with a new public hearing date. Russ moved to approve Resolution #18-37A Re-scheduling Public Hearing on 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 for April 2, 2018 at 6:00 p.m., Pratt seconded, roll call unanimous.
Herman reported that Steve Intlekofer had a survey of his rental property at 525 S Maple Street completed and it disclosed that a portion of the house was located on the neighboring property owner’s lot, the house therefore being a legal non-conforming property. Intlekofer desires to build a detached garage on the lot. Larry McDonald, 521 S Maple Street, stated that his lot is 18 inches lower than Intelkofer’s lot and that there are issues with water drainage and runoff. He showed the City Council pictures of his lot flooded by runoff, from Intlekofer’s lot and others, and expressed his belief that the garage would only worsen the runoff issues. Jerry Behrends, owner of 616 S Main, stated that access to and from the garage would be nearly impossible without utilizing a portion of his property. Consensus of the Council was to not allow the detached garage to be built on the lot as the home is non-conforming according to City Code 165.42. The Council also asked Herman to draft clarifying language to include in the Code of Ordinances on this point.
Herman reported that Terracon, approved by the IDNR, was hired to perform a Phase I Environmental inspection of 103 W 1st Street and that the IDNR will reimburse the City for costs related to Terracon’s efforts. Terracon has been on the property and Herman is expecting the report soon. After the receipt of the report the City will be in a position to take title to the property and will then have an asbestos inspection completed.
Herman advised that the Police and Public Works will be holding a public auction to sell a number of items that have accumulated over the years, such as unclaimed bikes, a furnace from City Hall remodeling, and potentially some library furniture and other items.
Herman explained that the District Court upheld the Employment Appeal Board decision to award Tami Bartram unemployment compensation, which Herman feels is incorrect. They found Bartram could not have continued in the same job she previously held; that her job/ employment was eliminated and that she was therefore eligible for unemployment. The Court noted that had the City offered Bartram the superintendent position after she became eligible for unemployment she may have been ineligible for the continuation of unemployment if she turned the job down but as the job was offered in advance of her eligibility for benefits that she was not ineligible for unemployment compensation. Herman explained that the City may appeal the decision and if the City were to win the appeal that Bartram would not have to pay any benefits back but that the City unemployment account would be credited for those sums that should not have been paid. Consensus of the Council was to move forward with the appeal to the Supreme Court.
Herman reported that a resident on Cherry Street had expressed concerns related to people heading east on Second Street thinking Cherry Street is an extension of Second Street and are then forced to turn around and return to Maple Street and that a Dead End or No Outlet sign might be appropriate. Consensus of Council was to have police and public works keep an eye on the area and inform the Council if and when they find that signage in this area is appropriate.
Herman proposed that the Council set a policy that would prohibit the placement of City project spoils in flood plains, flood ways, and/or wetlands. The City Engineer may be asked to add additional language to future contracts on this topic.
Pratt moved to adjourn at 7:46 P.M.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk