Regular Council Meeting – Official
December 19, 2016
Community Media Center
Mayor Dena Himes called the meeting to order. Council present: Dave Goedken, Brian Wolken, Chris Lux and Tom Yeoman. Also present were City Clerk Sally Hinrichsen, Public Works Director Brant LaGrange, Police Chief Britt Smith and City Engineer Patrick Schwickerath. Council member Johnny Russ arrived later in meeting and Council member Rob Paulson was absent.
Yeoman moved to approve the agenda, Wolken seconded, roll call unanimous.
Lux moved to approve the consent agenda, Wolken seconded, roll call unanimous.
Schwickerath reported that B & J Hauling and Excavating had a small amount of work to complete at the Airport in the spring. Due to the small amount of work to be done he recommended that the Airport Grading and Paving Project retainage be reduced from 5% to 2%. Yeoman moved to approve Resolution #16-124 Approving Pay Request #3 in the amount of $9,067.98, submitted by B & J Hauling and Excavating related to the 2016 Grading & Apron Extension for Future 10-unit Hangar project, Goedken seconded, roll call unanimous.
Goedken moved to approve Resolution #16-125 Approving Pay Request #4 in the amount of $113,672.34, submitted by Eastern Iowa Excavating & Concrete related to the E. South Street Reconstruction project, Lux seconded, roll call unanimous.
Goedken moved to approve Resolution #16-126 Approving Dustin and Audrey White Tax Abatement Application related to Residential Improvements constructed at 741 Breckenridge Drive, Monticello, Iowa, Yeoman seconded, roll call unanimous. Council member Russ arrived.
Goedken moved to approve Resolution #16-127 Approving Michael Cox Tax Abatement Application related to Residential Improvements constructed at 956 Valley Drive, Monticello, Iowa, Yeoman seconded, roll call unanimous.
Schwickerath reviewed the proposed storm water project, same being the closure of a ditch between S. Main and S. Maple Streets on property owned by Jerry and Sherry Behrends, just north of the James Dental Office. He reviewed the cost of 24” RPC pipe versus 24” HDPE pipe, which is respectively approximated $75.30 /ft. and $62.00 /ft. Jerry Behrends stated when he agreed to a cost share of the project, he thought the total project cost was $4,000, which was an estimate from Jerry McElmeel, for plastic pipe placed on a 4” rock base and dirt covering the pipe. Behrends stated he can’t take the responsibility from Dr. James putting drainage into the ditch or City debris getting stuck in the pipe. He would be will to accept ½ of the responsibility for problems with the pipe. Council discussed using concrete versus the plastic pipe. After a lengthy discussion, Yeoman moved to table proposed resolution to approve proposed storm water cost share agreement between The City of Monticello and Jerald and Sherry Behrends, to work on details of costs, pipe and agreement, Wolken seconded, roll call unanimous.
Himes reported that City Administrator Doug Herman, Chris Lux and herself interviewed 3 candidates for the Ambulance Director position. They were all good candidates but they decided to offer the position to C.J. Johnson. Goedken moved to approve Resolution #16-128 to approve the hiring of Harvey “C.J.” Johnson as Monticello Ambulance Director and related Employment Agreement between the City of Monticello and C.J. Johnson, Russ seconded, roll call unanimous.
Hinrichsen reviewed fund classifications under GASB #54 and a proposed policy suggested by State Auditor in regard to the use of fund balances and future fund classifications. Goedken moved to approve Resolution #16-129 Approving Fund Balance Policies Pursuant to GASB 54, Lux seconded, roll call unanimous.
Smith reviewed the E911 equipment that will be moved to the new water tower when the old tower is painted. He stated that most of the equipment will remain on the new tower but that some could be moved back to the old tower if there are frequency issues. Yeoman moved to approve Resolution #16-130 Approving Communication Site Co-Location Agreement between City of Monticello and the Jones County E911 Service Commission, Wolken seconded, roll call unanimous.
Smith reviewed the proposed Ordinance related to “no parking” on North Gill Street. He spoke with a school representative, due to the school bus traffic in this area, whose recommendation was that there be no parking on the West side of North Gill Street from 4th to 5th Street. Council also discussed limitations on the east side of North Gill from 4th Street to 50 feet south of the centerline of 5th Street but did not add said language into the proposed Ordinance at this time. Goedken introduced and moved Ordinance #694 amending Chapter 69, Parking Regulations, Monticello Code, by amending Provisions pertaining to “No Parking Zones”, first reading and in title only, Yeoman seconded, roll call unanimous.
Schwickerath reported that the airport 5 year AIP was sent to FAA for review.
Himes stated that Herman met with Don Holmes and Connie Shover regarding the de-annexation of their property. They agree with the severance of their property, east of Highway 151, but wanted verification that the name of the road, Shover Drive, would remain the same.
Himes reported that several City Boards had open positions that could be filled with incumbent or new members.
Dave Lumpa, 410 South Linden Street, addressed the Council in regard to construction at his home, and specifically addressed those recent improvements that were not consistent with the building permit he was issued. LaGrange reviewed the project, describing those portions of the project that were inconsistent with the permit, and the City Code, and explained that Lumpa was told that he could not install those improvements when it became evident that he intended to install improvements that were inconsistent with the building permit he was issued. Himes confirmed her understanding that Lumpa built more than the building permit allowed even though he was told to stop and to seek a variance if he wished to proceed with the desired improvements that were neither permitted by the permit he had received or the City Code. Yeoman stated that Herman contacted Lumpa in writing explaining the issues with his project and explaining the variance process, including a Variance Application form. The letter advised Lumpa to stop construction and to file for a variance if he wished to move forward with the improvements not permitted by his building permit or the City Code. Lumpa was told that if he applied for and received a variance that the improvements could remain but if he did not that the improvements installed in violation of the permit and the code would need to be removed. Wolken advised Lumpa that he would need to prove a hardship to be granted a variance. Consensus of the Council was to allow Lumpa until end of January to file for a variance or remove those portions of the project that were inconsistent with the permit and City Code.
Smith advised that pending Dubuque County criminal charges against Milena Galliano, owner of Whiskey River, stemming from incidents that occurred in March, 2015 had been continued and that Galliano was also charged, more recently, of OWI in Jones County. Goedken questioned if the officers have been there as often since she took over the bar. Smith stated that the frequency of officers being called there has decreased. Smith stated if she is convicted of the Dubuque County Felony charge that she could not hold the liquor license. Smith explained that the Council could schedule a hearing to consider evidence and information associated with Galliano including facts related to the pending criminal cases before making the decision to grant or deny the license renewal request. Consensus of Council was to have a hearing set up and scheduled in early January.
Himes reviewed the Library Board letter proposing more lighting by the Library, with the major concern on the west side of the Veterans Memorial. Council discussed lighting options which included period lighting like City Hall, or cut off light fixtures like at Pocket Park.
Schwickerath advised working to get equipment on the water tower removed prior to going out for bids for Water Tower Repainting Project.
Schwickerath indicated that preliminary plans for the East First Street bridge project had been sent to IDOT for review with a proposed bid letting date of June 20, 2017.
Smith reported that approximately 20 applications were received for the Park Director and Park Superintendent positions and Herman will be beginning the interview process this week.
Russ moved to go into closed session under §21.5(1)(j) of the Iowa Code “To discuss purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for the property”. Wolken seconded. Roll call unanimous.
Goedken moved, Wolken seconded to end the closed session and return to open session. Roll call unanimous.
Yeoman moved to have Herman proceed with the purchase the particular real estate, as was discussed in closed session, Goedken seconded, roll call unanimous.
Wolken moved to adjourn the Council meeting at 7:42 P.M.
Dena Himes, Mayor
Sally Hinrichsen, City Clerk