Regular Council Meeting – Official
November 5, 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, 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 Patrick Schwickerath.
Lux moved to approve the agenda, Pratt seconded, roll call unanimous.
Yeoman moved to approve the consent agenda, Russ seconded, roll call unanimous.
Herman reviewed Pay Request #7 and Change Order #3 from Taylor Construction related to the 2017 E 1st Street Bridge Replacement Project. Yeoman moved to approve Resolution #18-123 Approving Pay Request #7 in the amount of $48,889.94 and Change Order #3 in the amount of $49,995 submitted by Taylor Construction, Inc. Re: 2018 E. 1st Street Bridge Replacement Project, seconded by Pratt, roll call unanimous.
Herman reviewed the proposed phases of the Fountain Renovation and Repair project. Phase 1 cost estimates total $58,000 to repair fountain and Phase 2 cost estimates total $43,000 for landscaping and hardscaping improvements. Herman stated the City was awarded a Parks to People grant in the amount of $5,400 that must be spent this year and he has applied for a Community Foundation Grant, which will be awarded in December. Herman is also looking into other grants. Brenda Hanken, 291 Pine St, understood there were funds set aside for the fountain repairs and City staff reported that funds had not yet been allocated. Herman explained that the City would need to get competitive quotations due to the projected costs. Yeoman moved Resolution #18-124 to authorize City Administrator to move forward with Phase 1 of the Fountain Renovation and Repair project, Russ seconded. Goedken expressed interest in the City pursuing more fundraising before moving ahead. Roll call vote, Yeoman, Russ, and Lux voted aye and Goedken, Pratt and Paulson voted nay. Motion failed.
Lux moved Resolution #18-125 Approving Russell Stoneking and Nicole Monk-Stoneking Tax Abatement Application related to Residential Improvements constructed at 802 Northridge Drive, Monticello, Iowa, Russ seconded, roll call unanimous.
Herman reported the Berndes Center staff is happy with the flooring. Herman feels the City has a legal obligation to pay the contractor a fair sum for the work done to date even though the work was not completed exactly as it was supposed to be. Herman recommended a payment of $95,770.50 with a retainer of 25% or $31,923.50, being maintained. The Contractor is prepared to take corrective measures, however, the schedule at the Berndes Center will not allow the repairs to be performed until March, 2019. Goedken moved to approve Resolution #18-126 Approving a partial payment of $95,770.50 to Anderson Ladd, Inc related to Berndes Center floor project, Pratt seconded. Roll call unanimous except Yeoman who voted nay. Motion carried. Yeoman explained that he felt more comfortable with a payment equal to 50% of the invoiced amount.
Herman reported the improvements to John Drive extension to serve the new JETS facility are completed to the satisfaction of the City. Goedken moved to approve Resolution #18-127 Accepting Dedication of the extension of John Drive and public improvements located within the right-of-way thereof, Lux seconded, roll call unanimous.
Herman reported that the City oversaw the final improvements to the street extension at a cost of approximately $22,000. The Developer will reimburse the City that amount upon the sale of remaining lots. Goedken moved to approve Resolution #18-128 to accept the dedication of the extension of Grandview Avenue as set forth in the Final Plat of Willow Ridge 4th Addition and all infrastructure related thereto, Pratt seconded, roll call unanimous.
Herman reported that Whitney Boysen submitted two open records requests by e-mail to the City Administrator and that she has requested a waiver of fees related to the preparation of a response. Herman reviewed the two emails requests and stated it could take hours to review the email histories for the last five years, to fully and accurately respond. He contacted Infrastructure Technical Solutions (ITS), the City’s IT provider, and they estimated a cost of $100.00 per e-mail account search. Herman contacted the State Board that oversees
Open Records regulations and they agreed that the City could charge Boysen for the efforts of ITS. Whitney Boysen, 307 S Locust, explained her request to include: all police records from the last five years pertaining to the enforcement of the pit bull ban; 2)the salary information for those involved with each instance of enforcing the ban, including the officers, the city administrator and the dispatchers, and copies of all emails sent or received by members of the City Council, City Administrator, City Clerk and Police Chief, with the following terms used: Pit bull, Pitbull, Staffordshire, Bully, Dog and Emotional Support animal. Benda Hanken, 291 Pine St, suggested that the City give Boysen an estimate for the number of calls over the last 12 months and asked Boysen if that would be okay. Boysen replied that she wanted the number not an estimate. Tracy Tuel, Monticello stated she was unsure why Boysen wanted this information and asked Boysen to clarify what she wanted. Yeoman and Goedken asked Boysen if she had a pit bull in her home and she responded that she did not own a pit bull and did not have a pit bull in her household. Yeoman made the motion to approve Resolution #18-129 Authorizing City Administrator to contact Infrastructure Technical Solutions (ITS) to do the research for the City and to waive the cost related to the Open Records request, Pratt seconded. Roll call vote, Yeoman, Pratt, Paulson, Russ, Lux and Goedken voting nay. Motion failed. Herman stated that he would get a written estimate of the research costs and suggested putting it on a thumb drive to save Boysen the cost of copying. Once the estimated cost is determined Herman will contact Boysen to pay the cost in advance.
Herman reviewed the proposed Ordinance related to Animal Protection and Control. Jo Provencher, 145 N Maple suggested the City not “push” the pit bull ban and to enforce the leash law instead. Attorney Greg Clevenger, retained by the Denemarks, questioned how the ordinance pertained to emotional support animals that were pit bulls. Herman indicated that he would be in touch with him with more information. Terry Reynolds, 812 Northhaven Dr., stated that the breed doesn’t affect which dog will bite and suggested it was time for a new animal ordinance that doesn’t include a breed specific ban. Josh Schmit, 535 N Cedar, stated a lot of emotion is involved with this and stated that the Council needs to look at the ban with logic. He felt the ban was in place due to the bias of the unknown and didn’t believe that it was right to keep something in place because of fear. He felt that the Council should look at statistics not fear and that lifting the ban would then make sense. Yeoman stated he was told by two veterinarians in Monticello not to lift the ban. Goedken stated that he considers citizen’s concerns and that he represents all citizens of Monticello. Herman stated that he was told that the Anamosa Police Department had a report of a Pit Bull bite shortly after they lifted their ban. Marcia Gomez, 417 Southaven suggested that the City enforce the laws in place now and not the breed ban. Tracy Tuel, Monticello, stated there is a lot of emotion both for and against the ban and stated that she was bit by a dog on a leash last year, which was not a Pit Bull. She felt by banning the breed the City was not accomplishing anything and that the decision needs to be built on facts and not opinions, as all dogs bite. Amy Bradley, 429 N Sycamore, looked into the Anamosa ordinance and if a dog bites it is removed from town. She suggested that dogs should be required to be licensed and chipped. She volunteers at the Jones County shelter, which has 5 or 6 Pit Bulls and they are the sweetest dogs. Boysen read a letter from Chris James, an Anamosa resident, who stated that Anamosa has had no dog bites since the ban was lifted. Herman stated that the Anamosa Police department advised Chief Smith that they did have a dog bite. Herman asked the Committee to meet November 14th at 4 PM, to review ordinance before the final reading to ensure that the Committee had no further recommendations. Preston Moore, Iowa State Director of the Humane Society of the United States questioned if the committee minutes were public record and if committee meeting was open to the public. Herman stated if the committee kept minutes they would be a public record and that because there would not be a quorum of the Council present, it was not required to be open to the public. Yeoman moved Ordinance #720 amending Chapter 50, by amending provisions pertaining to Animal Protection and Control, second reading and in title only, Pratt seconded, roll call unanimous.
Herman reviewed the proposed Ordinance related to Mobile Food Vending with the Council. Goedken stated he is getting a lot of feedback from people who are paying taxes who question whether the City should allow mobile food vending. Holly Trevino, 17289 Co. Rd., questioned who would have to pay fees and felt Monticello’s fees were excessive when compared to other Cities of similar size. Herman explained that he looked at other Cities ordinances and that in some cases the fees are determined by resolution and not by ordinance. Yeoman moved to introduce and move Ordinance #721 by amending Chapter 122, “Peddlers, Solicitors and Transient Merchants”, Pratt seconded. Roll call vote: Yeoman, Pratt, Lux and Russ voting aye and Goedken and Paulson voted nay. Motion carried. Goedken explained that he believed the distance a food vendor would need to stay away from a restaurant as proposed in the Ordinance was too close.
Herman reported that he is looking at a few sites for a tree dump and yard waste facility and is awaiting input from the DNR.
Herman reported that the Orbis project included an extension of a water main due to the increased water demands associated with their new building’s sprinkler system. They have installed the water main through property purchased by Orbis off of 11th Street which already includes a city sanitary sewer main. Orbis has requested that the City cover the costs of the City water main extension which they have covered to date at a cost of $79,342. Herman suggested that the City amend the Urban Renewal Plan so that the development agreement with Orbis could be modified to include the repayment of most or all of the requested expenses. Consensus of the Council was to have Herman proceed with the process required to amend the development agreement with Orbis.
Herman stated he arranged for B & J Excavating to install a culvert through a blockage along the old RR bed north of the Horsfield Concrete facility site and behind the Accent Construction Hwy 38 site which will allow for a better water flow to the river. Brian Monk donated most of the culvert as he had used culvert on hand.
Herman and LaGrange reported that the Baty Disc Golf Course drainage project is ready for concrete and expect that to start this week.
Herman reported that Red Hughes was able to get rid of all the tires he had been storing and expects to only have one more load of cars to remove.
Herman reviewed the proposed draft brick paver policy. Previously, the Council wanted to hold off on final approval of the policy until after the City installed the bricks in front of City hall. Herman will place on the next agenda.
Herman stated that the City Code requires that driveways within the City to be paved. Herman asked the Council where they stood with regard to unpaved driveways along Sycamore Street taking into account the planned reconstruction. Herman suggested a few options: 1) require driveways to be brought into compliance and work with the project contractor to do the work so that the costs of the driveway improvements could be included with the assessments allowing the property owner to pay off the assessment over ten years; 2) give owners a set time to bring the driveway into compliance using a contractor of their choice or 3) to concrete only the approach and sidewalk as part of the project and require compliance with the driveway upon the sale of the property. Schwickerath explained that the City would need to acquire access agreements for all work outside of the right-of-way. He explained potential elevation problems with 6 driveways that affect 11 property owners as 5 of the driveways are shared. Herman plans to schedule an open house for the property owners along North Sycamore Street to review the plans and ask questions.
Herman indicated that the Council had discussed N. Chestnut Street repairs or reconstruction and was looking for input or direction from the Council. Council discussed a concrete street with bricks or rock base with brick over the top. Schwickerath will work on cost estimates and specification options.
Herman briefly reviewed the fact that a lawsuit was filed against the City by Dave Lumpa. Herman will file appropriate responses.
Herman has asked Don Peters for advice on the Clock Tower and Community Building gable siding improvement plans, particularly related to colors and siding design. Peters initial reaction was that the siding should remain white.
Pratt moved to adjourn at 8:18 P.M.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk