RESOLUTION #10-93

Approving Storm Water Management cost share between City of Monticello and Gary Hughes, modifying previously approved cost share, and directing City Administrator to work with Gary Hughes to develop written agreement memorializing the parties’ agreement
consistent herewith

IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA

WHEREAS, The City of Monticello previously enacted a storm water management ordinance to be used by the City for City storm water related purposes, and/or to be used as a cost share with private property owners on storm water related projects, and

WHEREAS, The City Ordinance provides that the City contribution in a private project may not exceed 50% of that project cost, and

WHEREAS, Gary Hughes requested that the City share in the cost of installing culverts and fill in the ditch along Birch Street in front of his property located at 901 N. Birch Street, extending from the north end of the culvert under Meade Farm Lane to the south end of the culvert under the driveway to the Hughes Garage, and

WHEREAS, The City Council, at its’ meeting of June 21, 2010, approved of a contribution of one-half of the project cost after reducing the project cost by the cost of rock for the proposed driveway to the property, and

WHEREAS, The City Administrator has advised the City Council that he has met with Gary Hughes, and that Gary requested an opportunity to revisit this issue with the Council, requesting that the City Council increase the City share of the total project based upon the following reasoning:

Gary suggests that the City removed a culvert from this section of ditch that used to pass under a driveway to the small abandoned home on the property during an improvement project along that ditch when it was cleaned and bigger culverts were installed, and that while there is no paperwork to support his position, his position is that his father would not have let the City remove said culvert without an agreement to replace the culvert at some future date.
AND

WHEREAS, The Council finds that the City should further participate in the proposed project by contributing an additional sum of $861.00 based upon the Council’s finding that the City removed a culvert that used to exist under a driveway to said property now sought to be improved

NOW THEREFORE BE IT RESOLVED by the City of Monticello, through its’ City Council, in session this 6th day of July 2010, that the previously approved City cost share should be increased by the sum of $861.00, due to the fact that it appears the City removed a section of culvert previously used for driveway access purposes to the property Gary Hughes now seeks to improve.