City Council Regular Meeting December 2, 2015 Page



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City Council Regular Meeting December 2, 2015 Page


The Hiawatha City Council met in regular session in the Hiawatha Council Chambers on December 2, 2015. Mayor Tom Theis called the meeting to order at 5:30 p.m. Council members present: Dennis Norton, Bob Rampulla, Marty Bruns, Dick Olson and Bob Wheeler. Staff present: City Engineer John Bender, Community Development Director Patrick Parsley, City Attorney Mark Parmenter, City Administrator Kim Downs, Fire Chief Mike Nesslage and Police Chief Dennis Marks. Guests: Bill and Tracy Bennett, Amy Wichtendahl, Randy Boyle, Cameron and Jim Kelso, Travis Weininger, Ethan Head, Jeni Mead, Don Burd, Richard Tharken, Terry and Deb McKim, Forrest Kramer, Cindy Jennett, Doug and Deb Elsbury, Christopher Happ, Roger and Lorain Orb, Wyatt Gavin and Daniel Hoffmann. Note: Not all guests in attendance signed in.
Rampulla moved the approval of the agenda, seconded by Bruns. Motion carried.
Wheeler moved the approval of the following consent agenda items: Approval of bills; Regular Meetings October 21, 2015 and November 4, 2015, Work Sessions October 14, 2015 and November 11, 2015, Receive and File Minutes of Boards/Commissions/Committees: History November 9, 2015, Library October 13, 2015, Parks and Recreation November 10, 2015, Safety Committee October 15, 2015 and Water Board November 17, 2015, and City Engineer’s Report, seconded by Norton. Motion carried.
Citizen Input

Three members of Boy Scouts Troup 766 introduced themselves to council and announced they were in the process of earning their communication merit badge.


Report from Council Members / Mayor / City Administrator

Council Member Norton updated other council members of his attendance at a session on Sustainable Urban Forestry Training and Assistance; requires 40 hours of training, tree ordinance review, tree management plan and volunteer tree planting event for 50 trees, all for next year. Norton said he is sitting in as a council member along with the City Administrator Downs and other staff members.


City Administrator Downs reminded council of the Dave Wright Nissan/Subaru ribbon cutting on December 7, 2015 at 11:00 A.M.
PUBLIC HEARING - regarding rezoning of the manufactured home portion of the property located at 155 Robins Road from R-MH (Mobile Home Park Residential District) to CPR-2 (Center Point Road Corridor District) as requested by the City of Hiawatha

Mayor Theis opened the public hearing regarding rezoning of the manufactured home portion of the property located at 155 Robins Road from R-MH (Mobile Home Park Residential District) to CPR-2 (Center Point Road Corridor District) as requested by the City of Hiawatha at 5:33 P.M.


Council Member Norton said he attended the Planning and Zoning meeting where the Commission reviewed the rezoning and had good discussion.
Richard Tjarks of 108 Oak Street spoke to say he received a letter about the rezoning and asked if the letter meant he is going to be evicted. Mayor Theis answered that is not the case; the City wants to rezone the entire piece of ground to one zone because it is currently under two zoning classifications. Theis said this rezoning does not have anything to do with evicting anyone. Tjarks said he was confused because he did not understand why he was receiving a letter. Mayor Theis said there are rules that say properties within a certain number of feet must be notified of a rezoning. Tjarks stated his letter specified 500 feet and he has a friend on Oak Street that received a letter because his property was within 200 feet. Mayor Theis repeated this is one of the rules the City follows.
Theis exclaimed, “The City truly does want people to know what is going on in Hiawatha whether people think that or not, it is the truth.” Tjarks stated, “I’m glad I came to the meeting tonight.” Mayor Theis thanked Tjarks for coming.
No additional written or public comments were received at or prior to the public hearing. Public Hearing closed at 5:35 P.M.
Olson moved the 1st Reading of ORDINANCE #847 regarding rezoning of the manufactured home portion of the property located at 155 Robins Road from R-MH (Mobile Home Park Residential District) to CPR-2 (Center Point Road Corridor District) as requested by the City of Hiawatha, seconded by Bruns. Motion carried.
Rampulla moved to waive the 2nd and 3rd readings of ORDINANCE #847, seconded by Wheeler. Roll call vote: AYES: Olson, Norton, Rampulla, Bruns, Wheeler. NAYS: None. Motion carried.
Bruns moved the adoption of ORDINANCE #847 regarding rezoning of the manufactured home portion of the property located at 155 Robins Road from R-MH (Mobile Home Park Residential District) to CPR-2 (Center Point Road Corridor District) as requested by the City of Hiawatha, seconded by Norton. Roll call vote: AYES: Rampulla, Norton, Wheeler, Olson, Bruns. NAYS: None. ORDINANCE #847 adopted.
PUBLIC HEARING - to consider amending Hiawatha Code of Ordinances Chapter 65 Stop or Yield Required §65.01 Stop Intersections (1.) Through Streets (N.) changing Loggerhead Road to Edgewood Road, adding (P.) Todd Hills Road from East City Limits to West City Limits, and amending (2.) Stop Intersection adding (DD.) Forrest Meadow Lane. Vehicles traveling on Forrest Meadow Lane shall stop at Fitzroy Road

Mayor Theis opened the public hearing to consider amending Hiawatha Code of Ordinances Chapter 65 Stop or Yield Required §65.01 Stop Intersections (1.) Through Streets (N.) changing Loggerhead Road to Edgewood Road, adding (P.) Todd Hills Road from East City Limits to West City Limits, and amending (2.) Stop Intersection adding (DD.) Forrest Meadow Lane. Vehicles traveling on Forrest Meadow Lane shall stop at Fitzroy Road at 5:37 P.M.


Forrest Kramer addressed council to ask for a correction to the spelling of Forrest Meadow Lane because it was misspelled on the agenda.

No additional written or public comments were received at or prior to the public hearing. Public Hearing closed at 5:38 P.M.


Rampulla moved the 1st Reading of ORDINANCE #848 amending Hiawatha Code of Ordinances Chapter 65 Stop or Yield Required §65.01 Stop Intersections (1.) Through Streets (N.) changing Loggerhead Road to Edgewood Road, adding (P.) Todd Hills Road from East City Limits to West City Limits, and amending (2.) Stop Intersection adding (DD.) Forrest Meadow Lane. Vehicles traveling on Forrest Meadow Lane shall stop at Fitzroy Road, seconded by Norton. Motion carried.
Norton moved to waive the 2nd and 3rd readings of ORDINANCE #848, seconded by Bruns. Roll call vote: AYES: Wheeler, Norton, Bruns, Olson, Rampulla. NAYS: None. Motion carried.
Olson moved the adoption of ORDINANCE #848 amending Hiawatha Code of Ordinances Chapter 65 Stop or Yield Required §65.01 Stop Intersections (1.) Through Streets (N.) changing Loggerhead Road to Edgewood Road, adding (P.) Todd Hills Road from East City Limits to West City Limits, and amending (2.) Stop Intersection adding (DD.) Forrest Meadow Lane. Vehicles traveling on Forrest Meadow Lane shall stop at Fitzroy Road, seconded by Norton. Roll call vote: AYES: Norton, Olson, Bruns, Wheeler, Rampulla. NAYS: None. ORDINANCE #848 adopted.
Possible Closed Session as per Iowa Code 21.5(i) to evaluate professional competency of an individual whose appointment, hiring, performance or discharge is being considered

Olson moved entering into a closed session as per Iowa Code 21.5(i) to evaluate professional competency of an individual whose appointment, hiring, performance or discharge is being considered at 5:39 P.M., seconded by Rampulla. Roll call vote: AYES: Bruns, Rampulla, Wheeler, Olson, Norton. NAYS: None. Motion carried.
Rampulla moved to go out of closed session and entering into regular session at 6:12 P.M., seconded by Olson. Roll call vote: AYES: Olson, Wheeler, Bruns, Norton, Rampulla. NAYS: None. Motion carried.
PUBLIC HEARING - to consider amending Hiawatha Code of Ordinances Chapter 15 Mayor §15.02 Powers and Duties and §15.03 Appointments

Mayor Theis opened the public hearing to consider amending Hiawatha Code of Ordinances Chapter 15 Mayor §15.02 Powers and Duties and §15.03 Appointments at 6:14 P.M.


Don Burd of 690 Boyson Road said he did not recall seeing a resolution that set the public hearing date to vote on the changes to the four (4) code chapters. Burd added with the nature of the code changes, it is inappropriate for council to change duties of the city council members, the mayor and the city administrator in front of the newly elected officials coming in next year. Burd continued to state this is something that should be tabled and at least get some information from the state regarding this issue.
Mayor Theis said there were resolutions on the November 18 agenda to set the public hearing dates for all four (4) of the code chapters. Council Member Olson added many of the people in the audience were in attendance at the last council meeting.
Debby McKim of 110 Fisher Street stated she sent a letter addressed to city council members before the meeting. Mayor Theis confirmed receipt of McKim’s letter. McKim thanked the mayor for the confirmation.
Bill Bennett of 694 Boyson Road questioned why the word supervisor is stricken in the code chapter. Bennett asked for an explanation.
Council Member Bruns stated the idea is the mayor gives the city administrator direction to pass down to the department heads; the mayor supervises the city administrator. Bennett explained he thought it was redundant to the supervisory position.
Randy Boyle of Cedar Rapids addressed council to further clarify Mr. Bennett’s questions. Boyle said the original phrase was “supervise and give direction to” and it was changed to just “supervise.” Boyle said Bennett and Boyle are just wondering what that means and it may be a legal question for the city attorney to answer because it is assumed the city attorney wrote it. Council Member Bruns added it is a multiple boss problem; the mayor supervises the city administrator and the city administrator supervises the department heads. Boyle stated that is understandable, council did a wonderful job of explaining and a lot of people appreciate it. Boyle continued to state the phrase did say “supervise and give direction to” the city administrator and for some reason the “give direction to” piece was stricken and Bennett and Boyle are just asking why.
Council Member Olson answered, supervising and giving direction is the same thing. Boyle agreed but said he is not an attorney; the explanation given by staff previously regarding the reason these changes are being made makes a lot of sense but when something like this changes that has nothing to do with reassigning responsibilities between the city administrator and the mayor it raises questions; this is a phrase about what the mayor does.
City Attorney Parmenter acknowledged he is the one who prepared red line versions and the motivation for eliminating the wording “give direction to” is the fact of being redundant to supervision, so the strike through was done for clarification and clean up. Parmenter added the goal is to give as much clarity as possible. Parmenter commented he does not feel there is any difference between supervising and giving direction. Boyle said he understands but was just not sure why the strike through is there. Council Member Bruns reiterated the purpose is to clean up the language.
Mayor Theis explained to the audience he always asks the clerk if there has been anything received in the clerk’s office in relation to a public hearing. Theis said in this case council and the mayor received a letter. City Clerk Kornegor confirmed receipt of a letter from Debbie McKim of 110 Fisher Street in regards to the amendments to City Code Chapter 15 Mayor, Chapter 17 Council, Chapter 21 City Administrator and Chapter 35 Fire Department. Kornegor said she sent the letter to council and the mayor before the meeting to give them a chance to review it and respond. Theis explained he is not going to acknowledge receipt of McKim’s letter before all four (4) public hearings on the agenda because it has now been officially entered into the record for all of the City Code Chapters.
Council Member Olson stated after reading the correspondence sent by McKim, Olson has a question regarding McKim’s comment about the closed session to evaluate professional competency of an individual whose appointment, hiring, performance or discharge is being considered, where McKim refers to making an adjustment. McKim said she was just asking for clarification because she did not understand what that meant. Council Member Olson stated he is asking McKim for clarification because McKim asks in her letter, “Why is council making this adjustment right now?” Council Member Olson asked McKim what adjustment she is referencing. McKim answered she thought someone was leaving the council and McKim was wondering why council is doing this now before the new council is seated. Council Member Olson thanked McKim for the clarification.
There were no additional written or public comments received at or prior to the public hearing. Public Hearing closed at 6:23 P.M.
Norton moved the 1st Reading of ORDINANCE #849 amending Hiawatha Code of Ordinances Chapter 15 Mayor §15.02 Powers and Duties and §15.03 Appointments, seconded by Bruns. Motion carried.
Rampulla moved to waive the 2nd and 3rd readings of ORDINANCE #849, seconded by Norton. Roll call vote: AYES: Bruns, Wheeler, Rampulla, Norton, Olson. NAYS: None. Motion carried.
Olson moved the adoption of ORDINANCE #849 amending Hiawatha Code of Ordinances Chapter 15 Mayor §15.02 Powers and Duties and §15.03 Appointments, seconded by Bruns. Roll call vote: AYES: Rampulla, Norton, Olson, Bruns, Wheeler. NAYS: None. ORDINANCE #849 adopted.
PUBLIC HEARING - to consider amending Hiawatha Code of Ordinances Chapter 17 Council §17.05 Appointments

Mayor Theis opened the public hearing to consider amending Hiawatha Code of Ordinances Chapter 17 Council §17.05 Appointments at 6:24 P.M.


Debbie McKim of 110 Fisher Street submitted a letter to city council and the mayor prior to the meeting. There were no additional written or public comments received at or prior to the public hearing. Public Hearing closed at 6:25 P.M.
Rampulla moved the 1st Reading of ORDINANCE #850 amending Hiawatha Code of Ordinances Chapter 17 Council §17.05 Appointments, seconded by Olson. Motion carried.
Bruns moved to waive the 2nd and 3rd readings of ORDINANCE #850, seconded by Norton. Roll call vote: AYES: Norton, Olson, Wheeler, Bruns, Rampulla. NAYS: None. Motion carried
Olson moved the adoption of ORDINANCE #850 amending Hiawatha Code of Ordinances Chapter 17 Council §17.05 Appointments, seconded by Wheeler. Roll call vote: AYES: Wheeler, Bruns, Olson, Rampulla, Norton. NAYS: None. ORDINANCE #850 adopted.
PUBLIC HEARING - to consider amending Hiawatha Code of Ordinances Chapter 21 City Administrator §21.04 Duties

Mayor Theis opened the public hearing to consider amending Hiawatha Code of Ordinances Chapter 21 City Administrator §21.04 Duties at 6:26 P.M.


Debbie McKim of 110 Fisher Street submitted a letter to city council and the mayor prior to the meeting. There were no additional written or public comments received at or prior to the public hearing. Public Hearing closed at 6:26 P.M.
Olson moved the 1st Reading of ORDINANCE #851 amending Hiawatha Code of Ordinances Chapter 21 City Administrator §21.04 Duties, seconded by Norton. Motion carried.
Wheeler moved to waive the 2nd and 3rd readings of ORDINANCE #851, seconded by Norton. Roll call vote: AYES: Olson, Rampulla, Norton, Wheeler, Bruns. NAYS: None. Motion carried
Norton moved the adoption of ORDINANCE #851 amending Hiawatha Code of Ordinances Chapter 21 City Administrator §21.04 Duties, seconded by Bruns. Roll call vote: AYES: Rampulla, Wheeler, Bruns, Olson, Norton. NAYS: None. ORDINANCE #851 adopted.
PUBLIC HEARING - to consider amending Hiawatha Code of Ordinances Chapter 35 Fire Department §35.05 Fire Chief and Deputy Chiefs and §35.06 Firefighters Selected

Mayor Theis opened the public hearing to consider amending Hiawatha Code of Ordinances Chapter 35 Fire Department §35.05 Fire Chief and Deputy Chiefs and §35.06 Firefighters Selected at 6:27 P.M.


Debbie McKim of 110 Fisher Street submitted a letter to city council and the mayor prior to the meeting. There were no additional written or public comments received at or prior to the public hearing. Public Hearing closed at 6:27 P.M.
Rampulla moved the 1st Reading of ORDINANCE #852 amending Hiawatha Code of Ordinances Chapter 35 Fire Department §35.05 Fire Chief and Deputy Chiefs and §35.06 Firefighters Selected, seconded by Olson. Motion carried.
Olson moved to waive the 2nd and 3rd readings of ORDINANCE #852, seconded by Norton. Roll call vote: AYES: Bruns, Norton, Olson, Rampulla, Wheeler. NAYS: None. Motion carried
Norton moved the adoption of ORDINANCE #852 amending Hiawatha Code of Ordinances Chapter 35 Fire Department §35.05 Fire Chief and Deputy Chiefs and §35.06 Firefighters Selected, seconded by Rampulla. Roll call vote: AYES: Norton, Rampulla, Bruns, Wheeler, Olson. NAYS: None. ORDINANCE #852 adopted.
Consider Resolution approving the amended City Staff Organizational Chart

Olson presented RESOLUTION #15-256 approving the amended City Staff Organizational Chart, seconded by Rampulla. Roll call vote: AYES: Rampulla, Bruns, Norton, Wheeler, Olson. NAYS: None. RESOLUTION #15-256 adopted.


Consider Resolution setting a public hearing date (December 16, 2015 @ 5:30 P.M.) to consider approval of the Capital Improvement Plan for FY 2016 – 2020

Bruns presented RESOLUTION #15-257 setting a public hearing date (December 16, 2015 @ 5:30 P.M.) to consider approval of the Capital Improvement Plan for FY 2016 – 2020, seconded by Olson. Roll call vote: AYES: Olson, Wheeler, Rampulla, Norton, Bruns. NAYS: None. RESOLUTION #15-257 adopted.


Consider Resolution setting a public hearing date (December 16, 2015 @ 5:30 P.M.) to consider the proposal to enter into a Development Agreement with CCB Packaging, Inc. and providing for publication of notice

Norton presented RESOLUTION #15-258 setting a public hearing date (December 16, 2015 @ 5:30 P.M.) to consider the proposal to enter into a Development Agreement with CCB Packaging, Inc. and providing for publication of notice, seconded by Rampulla. Roll call vote: AYES: Wheeler, Olson, Rampulla, Bruns, Norton. NAYS: None. RESOLUTION #15-258 adopted.


Consider Resolution setting a public hearing date (December 16, 2015 @ 5:30 P.M.) to consider amending Hiawatha Code of Ordinances Chapter 69 Parking Regulations to require permit parking only from April 1 to July 1 each year on portions of Lyndhurst Drive, North 15th Avenue and North 14th Avenue in the areas surrounding the ball field on the St. Elizabeth Ann Seton Church property located at 1350 Lyndhurst Drive

Bruns presented RESOLUTION #15-259 setting a public hearing date (December 16, 2015 @ 5:30 P.M.) to consider amending Hiawatha Code of Ordinances Chapter 69 Parking Regulations to require permit parking only from April 1 to July 1 each year on portions of Lyndhurst Drive, North 15th Avenue and North 14th Avenue in the areas surrounding the ball field on the St. Elizabeth Ann Seton Church property located at 1350 Lyndhurst Drive, seconded by Norton. Roll call vote: AYES: Norton, Bruns, Rampulla, Olson, Wheeler. NAYS: None. RESOLUTION #15-259 adopted.


Discussion/Possible Action regarding the partial wall removal request submitted by Doug Elsbury on behalf of Barbers Etc. located at 208 North Center Point Road

Doug Elsbury on behalf of Barbers Etc. located at 208 North Center Point Road gave City Staff diagrams to place on the monitors and explained as a refresher from the discussion during the November 11, 2015 work session meeting, Elsbury is requesting removal of two (2) panels of the wall closest to Barbers Etc. driveway. Elsbury stated he prepared an elevation model to help further explain what the wall would look like with the two (2) panels removed. Elsbury explained he is proposing to lower the wall down; there is a 10-foot easement where the grass is, a five (5) foot sidewalk and the six (6) foot area that is landscaped currently with vegetation. Elsbury continued to explain he is proposing to lower the wall where it first starts is pretty shallow at 18 inches and as it continues down to the end of the two (2) sections being removed, Elsbury is proposing to go 29 inches. Elsbury said he chose 29 inches because 30 inches is the maximum height. Elsbury acknowledged a railing would be needed for safety.


Elsbury stated from the edge of the sidewalk to the wall is six (6) feet, three (3) feet is the minimum distance requiring a railing, if graded 30 inches on a vertical height and the plan is double that at six (6) feet so Elsbury still wants to stay below the 30 inches where no railing is needed; even if it was graded at 30 inches it is still beyond the three (3) feet requirement at six (6) feet for railing requirements. Elsbury said he drove down N Center Point Road and across from the cemetery at E&H Motors there is a wall that is 48 inches tall with no railing and at least three (3) areas where anyone could walk through and fall off. Elsbury continued it is eight (8) feet from the edge of the sidewalk. Elsbury said to him this is a lot more dangerous situation than what is going on at the Barbers Etc. location.
Elsbury explained City Engineer Bender had Hall and Hall Engineers put together a site angle for the sidewalk and Elbury did the same distance where the vehicle viewpoint is nine (9) feet away from the inside edge of the sidewalk so that is where the viewpoint is as a car would approach N Center Point Road from the Barber Shop. Elsbury said he looked up the requirements under the AASHTO for distances and the road is 35 miles per hour and with the chart it is 335 feet for the distance requirement. Elsbury stated the sight line does not work where the wall is placed and the dimensions shown on Elsbury’s diagram are very accurate because he measured it and it is four (4) feet away from the edge of the drive and the drive is 24 feet, so to be within the site distance approaching N Center Point Road a vehicle would have to be approaching over the sidewalk. Elsbury said leads him to believe a driver will have to stop twice; once where the driver can see the sidewalk and once again at the curb for visibility of the street.
Elsbury summarized his proposal asking council to allow the removal of the two (2) sections of wall bringing it down in height, without the railing because the railing is almost three times the expense at $7,200. Elsbury explain when a driver reaches the point in the vehicle where they are at the vision triangle, the railing is four (4) inches apart from the post but when that angle is reached it turns into a wall ending up at the same situation the Barber Shop was in before. Elsbury said the cost of removing the two (2) panels is considerably less at $2,300. Elbury added since this wall was an existing condition when the Barber Shop moved and everyone can agree that there are areas of concern for safety, Elsbury does not feel he should pay to remove the two (2) panels. Elsbury suggested using the least expensive of the two (2) options and remove the top two (2) panels.
Council Member Olson asked City Engineer Bender to put the Hall and Hall drawing on the monitors and walk through it. Bender said staff had a discussion with council in the past relating to this wall and engineering has studied this a number of times; right or wrong all of the site distance guidelines do not take into account the sidewalk. Bender stated the metro standards assume that a driver stops at the sidewalk and before pulling out stops at the curb. Bender continued to explain doing the measurement from the curb sight is totally in front of the wall so there is not a sight distance issue at all according to all of the standards used. Bender referred to the sidewalk issue brought up by Elsbury at the work session and engineer has determined even at 40 mph there is still a lot of sight distance when the nose of the a vehicle is out by the curb. Bender stated from the last meeting engineering asked Hall and Hall to prepare a drawing locating the car where it exits and the sight distance is approximately 75 feet down the sidewalk as well. Bender said the approach previously was the sidewalk issue so that is what engineering studied and had Hall and Hall prepare. Bender added he is not convinced there is a sidewalk issue either because anything can happen anywhere; the approach is a driver stops at the sidewalk and stops at the curb as drivers should do today. Bender said he does not know if everyone will follow this rule but that is the conclusion engineering came to and the City meets all the standards. Bender added engineering opinion is there is no reason to tear the wall out completely but engineering would support putting the fences in as the City has done at a couple of other locations; this will help the sight distance a lot but it also addresses the safety concern of the drop off. Hall and Hall did the drawing because the City is not able to do the dimensions.
Council Member Olson posed the question to Bender the drawing prepared by Hall and Hall shows the car at the sidewalk and once the vehicle is at the sidewalk is Bender saying there is adequate distance to see north or south for the sidewalk. Bender confirmed this is the case for the sidewalk. Olson referred to the safety because he believes this is what Mr. Elsbury is alluding to. Olson stated Elsbury mentioned working out there while constructing the Barber Shop and observing several issues. Elsbury said there is a lot of activity on the sidewalk and it is surprising how many people use it, bicycles and things like that. Elsbury added this is where sight distance is skewed because someone is moving quicker on a bicycle rather than walking.
Olson added on to Elsbury’s comments questioning if the vehicle is there at the sidewalk is that adequate to observe pedestrians or bicycles coming down. Bender confirmed it is; one distance is 115 feet a driver can see to the north and see someone on the sidewalk so that is over 100 feet and engineering opinion is this is adequate for sidewalk traffic.
Norton inquired what Elsbury is recommending compared to Hall and Hall’s diagram; it appears there is no need to take the wall down to the 30-inch level as Elsbury is proposing. Bender stated this is correct, that was Hall and Hall’s determination and engineering wanted to check it because of the concern with sidewalk traffic; although engineering studied the traffic quite a bit, engineering had not studied the sidewalk traffic so this is the reason the City asked Hall and Hall to do that.
Elsbury said he is concerned that drivers have to stop twice; they have to stop at the sidewalk look left look right and then out to the sidewalk to meet sight requirements for distance to the street and look left and right. Elsbury added this is a lot to ask for in that moment. Elsbury continued to state if part of the wall is removed it will help out a lot for visibility.
Council Member Rampulla said with the metal fence and the tubing drivers are still going to have to stop twice. Rampulla questioned whether vision would be any better with the metal fence or not. Rampulla said he was at the Barber Shop today and after looking at it the driver does have to pull up twice. Elsbury said the metal fencing looks great but it doesn’t address the safety concern, with the angle it just turns into a wall and a driver has to stop again. Olson said he has tested it a couple of times too and once a driver gets to the sidewalk visibility is good both north and south without having to pull up to the curb. Olson said his question for Elsbury is whether Elsbury sees this as being a safe distance with the wall there. Elsbury said, “no,” the wall is four (4) feet away from the edge and Elsbury is concerned there will be an issue down the road. Deb Elsbury added she just does not want anyone to get hit.
Olson summarized Elsbury is asking to remove the two (2) panels, keeping it at the 29-inch level and the cost of that is approximately $2,300. Elsbury said he thinks the cost was $1,900 plus $300 if he remembers right. Rampulla said there were two numbers in the cost and it totaled $2,200.
Olson clarified if Elsbury is asking the City to pay for this. Elsbury confirmed this is the case. Olson asked if there was any consideration to share the cost with the City. Olson said he is just trying to come to a compromise. Elsbury said in his mind there is already a compromise because Elsbury’s proposal lowered the cost from $7,200 to $2,200, and this is a huge difference to create the visibility that is needed.
Olson said personally he has no problem with removing the two (2) panels in the name of safety with the City covering the cost. Council Member Bruns asked Olson what is the justification. Olson said he sees it as a safety issue and it is one of those things that Olson would rather spend approximately $2,200 instead of six (6) months to a year from now be addressing a vehicle, pedestrian and or cyclist incident. Rampulla said if there is an accident it would definitely fall on the City. Olson agreed there is no question about that.
Norton asked if the City is setting a precedent by moving forward with this request. Council Member Bruns said, “absolutely.” Olson said this would be the only section he sees that is relevant. Olson said Elsbury indicated the neighbor to the north of Barber Shop with the house is very happy with the wall. Elsbury confirmed this is true because Elsbury spoke to the neighbors. Council Member Bruns noted there are more properties up the road. Olson said those properties do not have the same issues going up the road because there is no issue with people pulling out like the instance of the Barber Shop. Rampulla said the only thing this would do as far as setting a precedent is if a business came in down the line and they want to do the same thing. Bruns said there are three (3) businesses up the road.
Rampulla thanked Elsbury for calling the other business with the big drop off to the City’s attention; the City will have to look into this location.

Norton presented RESOLUTION #15-260 approving the partial removal of the retaining wall/fence consisting of removal of two (2) panels closest to the Barbers Etc. driveway approximately 20 feet in length, located at 208 N Center Point Road, in order to address safety concerns with visibility to pedestrians using the public sidewalk and further authorizing the Mayor to enter into a contract with Ricklefs Excavating, Ltd. of Anamosa, Iowa to complete the work involved with the project at a total estimated cost to the City in the amount of $2,200, seconded by Olson. Roll call vote: AYES: Olson, Norton, Rampulla, Wheeler, Bruns. NAYS: None. RESOLUTION #15-260 adopted.


Consider Motion approving the appointment of two (2) Volunteer Firefighters/Paramedics: Greg Brenneman and Ashley Zang

Olson moved approving the appointment of two (2) Volunteer Firefighters: Greg Brenneman and Ashley Zang, seconded by Norton. Motion carried.
Consider Resolution amending the 28E Mutual Aid Agreement for Shared Road Maintenance and Winter Snow and Ice Control with Linn County to include the road surfaces in the newly annexed area along Edgewood Road and Canterbury Lane

Rampulla presented RESOLUTION #15-261 amending the 28E Mutual Aid Agreement for Shared Road Maintenance and Winter Snow and Ice Control with Linn County to include the road surfaces in the newly annexed area along Edgewood Road and Canterbury Lane, seconded by Olson. Roll call vote: AYES: Rampulla, Norton, Olson, Bruns, Wheeler. NAYS: None. RESOLUTION #15-261 adopted.


Consider Resolution approving and authorizing execution of Total Purchase Agreement for the Khairallah property located at 96 North Center Point Road

Norton presented RESOLUTION #15-262 authorizing the purchase of 96 North Center Point Road and directing the Mayor to execute the Total Purchase Agreement with a purchase price of $125,000 and pay for other related fees using Capital Projects Funds and Tax Increment Financing Capital Projects Funds, upon the completion of closing documents and review of the abstract by the City Attorney, seconded by Olson. Roll call vote: AYES: Olson, Wheeler, Norton, Rampulla, Bruns. NAYS: None. RESOLUTION #15-262 adopted.


Possible Closed Session as per Iowa Code 21.5(j) to discuss the possible purchase of particular real estate

Olson moved entering into a closed session as per Iowa Code 21.5(j) to discuss the possible purchase of particular real estate at 6:53 P.M., seconded by Norton. Roll call vote: AYES: Wheeler, Bruns, Rampulla, Olson, Norton. NAYS: None. Motion carried.
Rampulla moved to go out of closed session and entering into regular session at 7:09 P.M., seconded by Norton. Roll call vote: AYES: Olson, Wheeler, Bruns, Norton, Rampulla. NAYS: None. Motion carried.
Discussion/Possible Action regarding the purchase of particular real estate

Rampulla presented RESOLUTION #15-263 authorizing the purchase of property located at 99 E Clark Street and directing the Mayor to sign residential purchase agreement with a purchase price of $120,000, tentative closing date after January 1, 2016, with cash payment on date of closing in connection with the Emmons Street/North Center Point Road/Robins Road Intersection Relocation and Realignment Project, seconded by Bruns. Roll call vote: AYES: Rampulla, Norton, Olson, Bruns, Wheeler. NAYS: None. RESOLUTION #15-263 adopted.


Olson presented RESOLUTION #15-264 approving payment of relocation assistance dollars and moving expenses in an amount not to exceed $3,682, payable to Max and Bonnie Hansen, with payment occurring upon purchase of their residential property located at 99 E Clark Street in connection with the Emmons Street/North Center Point Road/Robins Road Intersection Relocation and Realignment Improvement Project, seconded by Rampulla. Roll call vote: AYES: Norton, Rampulla, Olson, Wheeler, Bruns. NAYS: None. RESOLUTION #15-264 adopted.
Rampulla moved to adjourn at 7:14 P.M., second by Wheeler. Motion carried.

_____________________________

Tom Theis, Mayor

ATTEST:


______________________________

Kelly Kornegor, City Clerk


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