Regular Council Meeting – Official
November 19, 2018 – 6:00 P.M.
Community Media Center
Mayor Brian Wolken called the meeting to order. Council present: Dave Goedken, Brenda Hanken, Rob Paulson, Johnny Russ, Chris Lux and Tom Yeoman. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Police Chief Britt Smith, Public Works Director Brant Lagrange, and City Engineer Casey Zwolinski.
Yeoman moved to approve the agenda, Russ seconded, roll call unanimous.
Goedken moved to approve the consent agenda, Lux seconded, roll call unanimous.
Herman reviewed annual TIF appropriations as set out in previously approved development agreements.
Goedken moved to approve Resolution #18-129 Appropriating funds necessary to meet the City’s Obligation to Robert “Bud” Johnson under the Development Agreement dated February 15, 2010, Russ seconded; roll call unanimous.
Yeoman moved to approve Resolution #18-130 Appropriating funds necessary to meet the City’s Obligation to MC Industries under Development Agreement dated August 2, 2010, Goedken seconded; roll call unanimous.
Lux moved to approve Resolution #18-131 Appropriating funds necessary to meet the City’s Obligation to Innovative Ag. Services under Development Agreement dated February 15, 2010, Russ seconded; roll call unanimous.
Goedken moved to approve Resolution #18-132 Appropriating funds necessary to meet the City’s Obligation to Althoff Properties, LLC per Development Agreement dated April 18, 2011, Yeoman seconded; roll call unanimous.
Lux moved to approve Resolution #18-133 Appropriating funds necessary to meet the City’s Obligation to Kardes Inc. per Development Agreement dated March 17, 2014, Goedken seconded; roll call unanimous.
Goedken moved to approve Resolution #18-134 Appropriating funds necessary to meet the City’s Obligation to Boulders Inn Monticello per Development Agreement dated October 5, 2015; as amended November 20 2017, Russ seconded; roll call unanimous.
No action was taken on resolution to appropriate funds necessary to meet the City’s Obligation to Menasha Corp. under the Development Agreement dated April 3, 2017. Action will not be required until next year.
Herman reviewed the proposed TIF certification for FY 2020 and staff recommended the certification of $210,385. Yeoman moved to approve Resolution #18-135 Approving FY 2020 TIF Certification, Goedken seconded; roll call unanimous.
Herman reviewed the proposed Downtown Brick Paver Policy with Council. Wolken suggested Herman make revisions as discussed and mail proposed policy to all property owners that would be affected. Goedken moved to table resolution to approve Downtown Brick Paver Policy and to place it on a January meeting for possible action, Russ seconded, roll call unanimous.
Herman explained that the Resolution related to amendments to the Orbis Development Agreement, adding additional incentives associated with their installation of a City water main extension, authorizes the City Administrator to begin the process of amending said agreement. City Staff and City Engineer believe the water main is a beneficial improvement to the City Water System and City will be given easement rights necessary to repair and maintain the water main and nearby sewer main. Yeoman moved to approve Resolution #18-136 Authorizing City Administrator to proceed with process to amend Development Agreement between Orbis Mfg., a subsidiary of Menasha Corporation, to reflect terms and provisions related to expenses incurred by Orbis related to the installation of a new section of City water main, Russ seconded, roll call unanimous.
Herman reported that the resolution to accept the dedication of an extension of John Drive approved at the last Council meeting had incorrectly identified the parcel being dedicated and that the proposed Resolution corrected that error. Goedken moved to approve Resolution #18-137 Accepting Dedication of the extension of John Drive and public improvements located within the right-of-way thereof, correcting incorrect Parcel references in previous Resolution, Russ seconded, roll call unanimous.
Herman reviewed proposed final amendments to Ordinance #720 amending Chapter 50 related to Animal Protection and Control. The changes are primarily related to rules and prohibitions associated with emotional support animal pit bulls. Herman went through the Ordinance identifying and explaining all proposed final amendments. Yeoman moved Ordinance #720 amending Chapter 50, by amending provisions pertaining to Animal Protection and Control, third and final reading, as amended and in title only, Russ seconded. Preston Moore, Iowa State Director of the Humane Society of the United States addressed the Council. Moore asked a series of questions related to the ordinance. Yeoman moved to amend his motion to approve Ordinance #720 by adding language that would require certification of the need for an emotional support animal to be given by a licensed Medical (M.D. or D.O.) or Mental Health professional to page 4, paragraph “e” of the Ordinance, Russ seconded, roll call unanimous. Brandon Hunter, 614 W 1st Street, objected to the proposal that if an emotional support pit bull was at large only once that it would have to be removed from the community. Russ moved to amend the motion to approve Ordinance #720 by changing the wording of Page 5, paragraph 5 to read as follows: “If at any time the pit bull for which this exception is granted is found or allowed to be at large in the community the owner shall be cited and subject to fines and/or other monetary penalties. If the pit bull is found to be at large a second time the exception granted herein shall end and the pit bull shall be removed from the City limits permanently within seven (7) days of the second occurrence of the animal being at large.”, Goedken seconded, roll call unanimous. A roll call vote was then held on the motion to approve Ordinance #720 amending Chapter 50, by amending provisions pertaining to Animal Protection and Control, third and final reading, in title only, as amended with all Council members voting in favor.
Council Member Hanken left the meeting at 7:36.
Herman reviewed the Ordinance related to Mobile Food Vending with the Council. Herman stated that he received one email expressing support for some allowance for mobile food vending. Yeoman stated that he supports the concept. Goedken expressed his belief that a 100 foot buffer between a food truck and a restaurant was not adequate. Council discussed whether on street parking should be allowed particularly in the downtown when businesses are open, taking up parking for other businesses. Holly Trevino, 17289 Co. Rd., suggested that the City look into rates from Delaware County or Manchester. Yeoman moved Ordinance #721 by amending Chapter 122, “Peddlers, Solicitors and Transient Merchants”, second reading and in title only, Lux seconded, roll call unanimous. A committee will review the Ordinance prior to the third reading.
Herman explained that the code does not specify a time frame within which an application for exemption from taxation for new constructions or improvements must be received under Chapter 10 for an applicant to be eligible. He proposed that the Code be amended to require the application for exemption to be filed within one year of the 100% of the improvement to be eligible for the full five year exemption period. The applicant would lose one year of eligibility for each year that the application was filed thereafter. Russ introduced and moved Ordinance #722 amending Chapter 10, Urban Revitalization by amending Section 10.10 Exemptions, Yeoman seconded, roll call unanimous.
Herman stated City Staff has been working on budget and will bring budget information to next meeting.
Herman reported that he is looking at a few sites for a tree and yard waste facility and is awaiting input from the DNR. Yeoman’s site is no longer under consideration due to neighborhood complaints.
LaGrange reported that concrete will be poured this week to finish the trail and inquired if Council want to add bollards at the trail entrances. Wolken suggested the placement of large limestone rocks as they were already in use at the park. Herman stated he has received inquiries about lighting.
Herman indicated that the Fountain Park fundraising insert was in the Shopper’s Guide and that he continues to apply for grants.
Herman will send letters to N. Sycamore Street property owners providing project information and inviting them to an informational open house on Tuesday November 27th from 5 to 7 pm.
Herman reported that the lawsuit filed by Dave Lumpa has been set for trial set for December 5th. Herman reported the City was dismissed from the Petersen lawsuit, which was a slip and fall incident and that the City was also dismissed from most of the Intlekofer lawsuit by way of a Summary Judgement Ruling issued by the Court with the balance of the lawsuit having been dismissed by Intlekofer.
Herman suggested holding a goal setting session in January with the Council.
Zwolinski reviewed the overhead electrical lines that cross North Sycamore Street within the project scope. Consensus of Council was to leave overhead lines that ran East and West over N. Sycamore Street as the cost to underground them was not deemed worthy of the improvement. Herman asked the Council if they intended to assess property owners in a similar fashion to other street projects where commercial property owners were assessed for the full sidewalk width and residential property owners for a 4 foot sidewalk even if a 5 foot sidewalk was installed, plus driveway approaches and curb and adjacent curb and gutter and the consensus of Council was that assessments would be made in a similar fashion for this project.
Russ moved to adjourn at 8:11 P.M.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk