Regular Council Meeting – Official
May 21, 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, Johnny Russ and Chris Lux. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Police Chief Britt Smith and City Engineer Casey Zwolinski. Council member Tom Yeoman arrived later in the meeting.
Lux moved to approve the agenda as amended, moving the Pasker /Schneiderman Internet “Fiber” installation to right after the consent agenda and adding a Tree Board report by Goedken, Pratt seconded, roll call unanimous.
Mayor Wolken read Mayor’s Proclamation marking the 50th Anniversary of Home Rule in Iowa.
Russ moved to approve the consent agenda, Goedken seconded, roll call unanimous.
Herman reviewed emails with Jerry Pasker and Brock Schneiderman in regard to a proposed fiber installation in Monticello. Herman advised that the project was commenced without a ROW permit and has been on hold while the City considered how best to proceed with the proposed project. Discussion was held on various topics from franchise fees to ROW permits, bonding and insurance, and potential ROW agreement terms. Council also discussed the importance of the use of Iowa One Call to mark lines when appropriate and the addition of any installations to City GIS mapping. Pasker stated that they would like to do the entire town but will only proceed one development at a time and could not guarantee that any additional areas will ever be done, that they will need to wait and see how the first area goes. Council directed Herman to prepare an agreement to include maintenance, marking of lines, permitting requirements, bond, etc.
Goedken moved Ordinance # 714 amending Chapter 165, “ZONING REGULATIONS”, of certain property located within City Limits of the City of Monticello, same being generally described as 324/326 W 2nd Street, Monticello, IA 52310, legally described as set forth below, and amending the Official Zoning Map, third reading and in title only, Russ seconded, roll call unanimous.
Herman reported that the P & Z recommended approval of the Plat of Survey of Parcel 2018-21 and Parcel 2018-22. Goedken moved to approve Resolution #18-63 Approving Plat of Survey to Parcels 2018-21 and 2018-22, Pratt seconded, roll call unanimous.
Herman reported that the P & Z recommended approval of Plat of Survey of Parcel 2018-30, which is located within two-mile jurisdiction. Goedken moved to approve Resolution #18-64 Approving Plat of Survey to Parcel 2018-30, Russ seconded, roll call unanimous.
Herman reviewed the proposed Brick Paver Policy. Council questioned if something similar to this was done in other towns and how it was handled. Herman stated Maquoketa just did this with their Main Street Project. Discussion was held on the number of brick the City had and to measure to see how many bricks would be needed; then depending on this information decide where the brick would be used and where new brick would be used, if needed. Herman reported there were some people needing to do Community Service that could count and stack the brick for the City. Herman asked if the Council wanted to install brick in front of City Hall / Renaissance Center as there was a concrete repair project to be completed in that area. Goedken felt the City needed to replace the strip with brick as it was done by Brian Monk’s building on West First Street. Goedken moved to table formal approval of the Brick Paver Policy; to use the brick in front of City Hall when the catch basin is repaired; measure the sidewalks to see how many bricks would be needed and to have brick counted and stacked, Pratt seconded, roll call unanimous.
Herman reported that the Council, in 1994, approved Resolution #94-24, authorizing the transfer of excess right of way within the corporate limits on County Rd. D62 to LaVern and Vera Schoon and Thelma Spahr; and authorized Quit Claim Deeds be issued to said parties. It was discovered by the heirs of LaVern and Vera Schoon and the Jones County Auditor that the Quit Claim Deeds were never recorded and the Schoon family has requested the City take action to issue a Quit Claim Deed to the Vera Fae Schoon Estate. Goedken moved to approve Resolution #18-65 to recognize the past sale of excess right of way and to authorize the execution and delivery of a Quit Claim Deed to adjacent property owner, the Vera Fae Schoon Estate, seconded by Russ, roll call unanimous.
Herman reported that Chapter 10 of the City Code did not provide a timeframe within which property owners must apply for tax abatements on their property to be considered fully eligible. Past practice, according to the Assessor, was that applicants had a one year grace period if they were to get the full abatement. After one year, the five year abatement period would be reduced by one year for each year that the application was late. Herman reported two cases that brought this issue to the forefront. He reported that when the City was working with Steve Koob to annex his property, that he was finalizing the construction of a new building. Herman reported that he had explained the abatement to Koob and that Koob, based upon the potential abatement, agreed to the voluntary annexation. The Koob property was not actually annexed for a number of years due to the fact that it could not be annexed without annexing the Yousse property and there was no agreement on that front. By the time the Koob property was annexed the grace period and much if not all of the five year abatement period had passed. Lloyd Welter, who applied for the residential tax abatement when completing condo units on Maple Street was eventually approved for two of the five units. According to the Assessor in 2016, two units was deemed eligible and the other three were not, as they had not been included within the “Horizontal Property Regime” and were not, therefore, considered single family residential units. Herman explained that Welter and his attorney took corrective measures to add the other three units to the “Horizontal Property Regime” but did not then reapply for the abatement. Welter could reapply for the abatement at this time but would not be eligible for the full five years. Consensus of the Council was that it was too late for Welter to receive the full five years and they should have stayed on top of the situation at the time. Consensus of the Council was to have Herman investigate Koob’s annexation agreement to see if the abatement was agreed to by the City in the pre-annexation agreement and if it was the Council believed that the abatement should be granted in some fashion. Council suggested that the Ordinance be amended to make clear that there was a one year grace period within which to apply to gain the full benefit of the abatement. Council directed Herman to review Koob’s agreement and to work with Assessor on potential abatement options for Koob. Goedken moved to table approving time frame within which to apply for Tax Abatement under Chapter 10 of the Monticello Code of Ordinances, Pratt seconded, roll call unanimous.
Herman reviewed the proposed agreement between City and School with regard to school owned facilities to be used by the MYBSA. Herman reviewed the agreement with the School Superintendent and School Board and expects them to approve it at their next Board meeting. Lux moved to approve Resolution #18-66 Approving Agreement Re: Monticello Youth Baseball and Softball Programs use of School Owned Property and Facilities, Pratt seconded, roll call unanimous.
Herman reported that Hinrichsen received one inquiry if the Iowa State Extension Backyard Chicken online course would be acceptable for the urban chicken permit. Jones County Extension scheduled and advertised to hold an in-person class and only one person registered to attend, so it was cancelled. Hinrichsen also suggested allowing the Indian Creek Nature Center in Cedar Rapids, Back Yard Chicken Workshop as an approved course. Consensus of the Council was to approve both sessions.
Herman reviewed the curbside recycling collection bids from Roling Sanitation and Republic. For recycling pickup, Roling quoted a 50 gallon cart for 5 years and Republic quoted a 65 gallon cart for 7 years. Roling’s bid came in at the approximate annual cost of $99,225 with Republic’s bid coming in at the approximate annual cost of $75,600. Roling would also bill the City for any increased costs they experience in disposing of the recycling. Roling quoted curbside sanitation collection for a five year term, with the first year rate being $8.25 per month per household with a 5 percent increase each of the next 4 years, per bag, with $1.50 per sticker after the first bag. Roling would also bill the City for any tipping fee increases experienced by them during the contract. Republic bid $10.20 per month per household with a 3% increase each of the next 6 years for one 35 gallon can or 3 bags with a $2.00 sticker after the third bag. Republic also offered a quote that included them providing a 65 gallon cart at the rate of $10.50 per month per household with a 3% increase each of the next 6 years. The cart would hold approximately 5 tall Kitchen size bags or 3 large bags. If there were bags placed outside the cart they would require a $2.00 sticker. Republic’s fee includes one “large” item per month per residence, such as a couch, chair, carpet, mattress, etc. at no extra cost. Their opinion is that we could do away with the City Wide Clean-up days or significantly limit it based upon the large item collection and the use of the 65 gallon carts. Matt Pivit, Republic Municipal Manager, stated that the City would be required to choose to either use the cart or not, but that residents would have the choice if they wanted to use the cart or set out 3 bags per week. Council member Tom Yeoman arrived. Pratt questioned if the City went with the carts, can the residents put out bags, without using the cart. Pivit stated they could put out 3 bags per week. City would continue to pick up yard waste, electronics and appliances at this time. Kim Brooks questioned how recycling and garbage would be handled for the downtown apts. Pivit stated that everyone would be eligible for a cart and that they and the City would work with all property owners on a solution that worked best for them. Wayne Peach, 108 Monk Court, questioned whether large cardboard boxes could be put next to the cart and Pivit indicated that they could. Herman stated that he was told by the Public Works Director that about 1/3 of the residents put out one garbage bag per week, 1/3 of the residents put out two bags per week, and 1/3 of the residents put out three or more bags per week. Herman explained that the City would continue to handle the invoicing as is the case with dumpsters and that an administrative fee would be added to the contracted rate. Herman stated Republic’s rates include about a 3% increase yearly and Roling’s rates include about a 5% increase yearly plus any increase in costs. Pivit stated that recycling commodities values are very low and that the market is very challenging. Yeoman moved to direct Herman to proceed drafting a contract with Republic to collect recycling, Goedken seconded, roll call unanimous. Committee of Mayor Wolken, Council members Pratt and Goedken, Herman and LaGrange was set up to review the bids and make a recommendation to the Council with regard to sanitation collection.
Herman reviewed several scenarios related to attached and detached accessory buildings; yard setbacks, driveways and percentage of areas of yards required for detached accessory buildings, as it is currently in the City Code. No action was taken.
Herman advised that he was continuing to work with County Supervisor Joe Oswald and County Engineer Derek Snead towards an updated agreement related to shared roadway maintenance. No action was taken.
Herman reported that the IDNR approved the asbestos inspection for the property located at 103 W. 1st Street and it should be completed soon. The cost of the asbestos inspection will be reimbursed by the IDNR Brownfield program.
Herman advised that the Cedar Street storm pipe was repaired by the ditch. He had one person contact him that would like the wall put back in as it was before. Council discussed leaving the wall out and just grading the embankment or repairing the wall. Herman will contact Engineers Schwickerath and Zwolinski to look into options for the wall.
Herman stated he was contacted about allowing Monticello /Paw Prints to be placed on residential sidewalks. Consensus of the Council was to require them to be outside of the ROW.
Goedken reported that the Tree Board previously purchased 28 trees and was selling them at a reduced rate to residents, with 11 already sold and 17 still available. They are continuing the Largest Tree in Town contest as well.
Pratt moved to adjourn at 8:29 P.M.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk