City Council Meeting Minutes 1/9/2019

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Mayor Tony James opened the City Council meeting at 7:00 p.m. at City Hall, 1906 Main Street, Granger, Iowa 50109.

Roll Call:  Present:  Backous, Bice, Saak, Schutt         Not Present:  Bermel

Backous made motion to approve the consent agenda, seconded by Schutt.  All Ayes.

Action on Resolution 2019-1 – recognizing Jarrod Sturtz’ more than sixteen years of service to the Granger Fire and EMS Departments was approved by Saak, seconded by Backous.  All Ayes.

Engineer Veenstra mentioned the proposed modifications involve the interior remodeling of the building and not any modifications of the exterior of the building.  The value of the interior building modifications exceeds $25000 and triggers the requirement for the site plan even though there are no exterior improvements proposed.  The site plan does not illustrate any of the proposed interior modifications of the building.  The City’s site plan ordinance does not require the illustration of the interior uses or spaces within the building as the site plan ordinance focuses on the building exterior and site improvements.  Without any proposed modifications to the site other than the interior of the building, there are no comments to offer relative to the site plan.  Engineer Veenstra would like note that all of the interior modifications of the building will need to comply with the building code requirements of the City.  Those requirements will be reviewed as part of the building permit process.  The Plan and Zoning Commission recommend the site plan be approved.  Action on Resolution 2019-2 – approving Site Plan submitted by Janning Family Chiropractic at 2000 State Street was approved by Schutt, seconded by Backous.  All Ayes.

Rose Dory with the Granger Women’s Club brought a proposal to the Council to place a little library in front of the community center.

The Public Works Director Sturtz mentioned putting the little library at the corner of the sidewalk that runs north and south across from the community center and east and west next to the ballfield and soccer fields.  The Granger Women’s Club will provide the eight foot treated post for the City to install according to height regulations which should be 42-46 inches from the ground.  The Club will secure the little library to the post and they will be responsible for the upkeep and repair of the little library.  The Granger Parks & Recreation will let the Club know if there are any issues that may occur in the future.  The Club will check on the content monthly to insure that it meets with library regulations and that the little library is clean and in good standing.  Saak approved the placement of a little library at the corner of the sidewalk across from the community center and ballfield, seconded by Schutt.  All Ayes.

Granger Trails Committee – The committee presented the Council with the design concept and cost for the trail hub plaza that will be going in over by the community center next to ballfield and soccer fields.  The Granger trails committee received a grant in the amount of $24,970 from The Wellmark Foundation which will pay for part of the project.  The total cost of the project is estimated at $40,118.  The Committee has also applied for a matching grant with Trees Please associated with MidAmerican Energy for the amount of $1,000 and they have also asked for a donation from Black Hills Energy.  The architectural plan will be presented to the Council at the February Council meeting and then the next step is to go out for bids for the project.  The project should start late Spring.

2015 Urban Water Quality Initiative – Engineer Veenstra has mentioned Ralph has given notice of termination of contract to Iowa State Contractors.  The contract is now terminated.  The bonding company has been in touch and they would be willing to work through a resolution to finish the project.  There is a meeting with the Iowa DNR and Jennifer Welch tomorrow to go over what requirements we have to follow in order to finish up the project.  What will be proposed to them is that based on value of the work that we can just go out and pick a contractor that we know will finish the work correctly and then we will get that price.  We will decide what money we are holding and decide what we have for money and what we need from the bonding company and let them know and we anticipate that we will then get a check for whatever balance.  We will still assess liquidated damages to the bonding company for the work that was not completed on time.  Engineer Veenstra hopes to have a resolution on this project for the next Council meeting.

Engineer Veenstra presented the list of the projects identified in the seven responses requesting information on for future capital projects.  The responses were received from the Mayor and one Council member, the Police Department, Public Works Department, Library Department, Parks & Recreation Department, City Hall staff and the Granger Trails Committee.  The list included a need for a new public safety facility which was received as a need on four of the seven responses.  In total there were 86 items listed.  The next step of the process is for the Mayor and Council to rank each of the responses from most important to least important.  Once the listing is complete the top 20 to 25 items ranked the highest would remain on the capital improvements plan.  The balance of the items would be removed off the list.  Many of the smaller items that are not on the final capital improvements plan can still be addressed as part of the annual budgeting process.  Council member John Schutt will take over with the list from V & K and combine any duplicate entries on the list into one and then he will email it out to the Mayor and Council to make their rankings and the final 20 to 25 that is ranked the highest will remain on the list for discussion.

Engineer Veenstra mentioned he received a document from John Kline that relates to the Lot A of the Marin J. Finestead Plat 2 Addition.  In the document that was prepared by Paul Dekker that he is citing Section 166.17 of the Code of Ordinances relative to existing lots of record.  It appears Paul Dekker’s argument is a single family dwelling may be located on any lot or plot of official record as of the date of the enactment of the zoning ordinance without regard to the width or area of the lot.  This provision includes two additional requirements, one relating to side yard and the other relating to the rear yard.  In this instance it appears the rear yard issue is not a factor.  The side yard requirement may be applicable.  The side yard requirement indicates the minimum of the combined side yards cannot exceed 30% of the lot width and each side yard must be at or greater than 10% of the lot width.  Applied to the 60-foot lot width the maximum total side yard would not be required to exceed 18 feet.  Each side yard must be a minimum of 6 feet.  In the correspondence Paul Dekker is suggesting side yards in the range of 10 feet and 8 feet.  Engineer Veenstra mentioned it appears likely the zoning ordinance was enacted subsequent to the platting of the Martin J. Finestead Addition Plat 2.  As subject confirmation of the dates, it appears Section 166.17 may be applicable.  Assuming Section 166.17 is applicable, the only remaining question may be whether Lot A is considered a lot or plot of official record.  While the lot is part of a plat it was not designated as a developable lot.  The lot is designated as Lot A located between Lot 2 and Lot 3, clearly indicating the intent at the time of platting the lot was not intended as a developable lot.  Rather, the lot was designated as a future street lot.  In this instance the designation of the lot may be distinguishable from lots in older subdivisions that were intended as a developable lot of record, but no longer comply with the current zoning restrictions.  A provision of the type in Section 166.17 is common as lots in many older platted areas of cities the lots are too narrow to meet the current zoning requirements even though they are compatible with adjoining lots.  The primary intent of including a provision such as 166.17 is to allow lots that were intended for development to be developed in older platted areas.  The operative question with respect to Lot A is if it qualifies as a lot under the provisions of Section 166.17 or if Lot A does not qualify under Section 166.17.  The agreement from 1979 signed by the developer and accepted by the City in the resolution accepting the plat, Lot A was identified as a street lot.  The lot would not be accepted by the City until such time as the street were constructed in accordance with the requirements of the City.  Based on the clear identification of Lot A as a street lot the City of Granger is of the opinion Lot A does not qualify for the provisions of Section 166.17.  The request to develop Lot A does not involve subsequent zoning that would make a lot nonconforming.  Rather, the request to develop Lot A involves the transformation of a clearly identified street lot to a developable lot.  The Council understands Lot A will never be developed as an extension of Cherry Street.  As such, the Council is willing to consider allowing a residence to be constructed on Lot A subject to two conditions:  1) the property owners on the east and west side of Lot A, Lot 3 and Lot 2, both consent to the construction of a residence on Lot A and 2) there be a preponderance of the property owners in the general vicinity of Lot A that do not object to the use of Lot A as a single family residential parcel.  Engineer Veenstra suggests the property owners of Lots 1, 4 and 5 on the north side of Linden Street and the five lots on the south side of Linden Street opposite Lot 1 through 5 be consulted.  If both conditions are satisfied, then it appears the Council would be willing to allow development on Lot A even though it clearly was designated as a street lot.  If both conditions cannot be satisfied, the majority of the Council is of the opinion Lot A does not qualify under Section 166.17 as it is designated as a street lot and therefore cannot be considered for single family residential development.

Action to contribute $100 to New Opportunities, Inc. (which provides assistance programs from the federal and state governments to local residents) was approved by Saak, seconded by Schutt.  All Ayes.

Public Works Report – Action to authorize use of proceeds from the City’s sale of recycled copper and aluminum to Alter Metal Recycling in the amount of $252.35 for the purchase of a chop saw was approved by Saak, seconded by Schutt.  All Ayes.

Police Report – From 12/10/18 – 1/6/19 reported 4 animal calls, 2 suspicious vehicles, 2 motorist assists, 1 road rage on Hwy 141, 4 ambulance calls, 5 parking complaints, 1 identity theft, 3 accidents, 1 criminal mischief (charged 4 juveniles), 1 business check (open door), 1 remove traffic hazard from roadway, 1 possible child abuse, 1 bank alarm (Woodward), 1 out of control person (Woodward), 2 thefts, 2 citations, 9 warnings and 5 other agency assists.

Fire Department Report – Action to approve the purchase of an UTV outright instead of leasing in the amount not exceeding $13,800 from unspent funds on the Fire and EMS budgets for FY 2019 was approved by Backous, seconded by Bice.  All Ayes.

Fire/EMS December Report shows there were 16 EMS calls, 3 motor vehicle calls, 2 fire calls and 1 mutual aid call.

Parks and Recreation Report – The bathrooms at Centennial Park have been completed by Brad Feick.  Painting will begin next week at the Community Center.  The new flooring will begin likely the beginning of February at the Community Center.  Kindergarten basketball, adult volleyball and rounded minds tumbling will all begin this month.  The Park & Rec Board elections are as follows:  Jeri Wendzel remains as Park Board Chair, Carla Drennen remains as Vice Chair and Jennifer Kopp remains as Secretary.

Action on Resolution 2019-3 – establishing automobile mileage reimbursement rate for employee’s using the rate promulgated each year by the Internal Revenue Service was approved by Schutt, seconded by Saak.  All Ayes.

Schutt reported for the Finance Committee that all information at this time was in order.  Backous made motion to approve the report, seconded by Bice.  All Ayes.

Bice made motion to approve all bills for payment, seconded by Saak.  All Ayes.

Mayor James mentioned the budget presentation by department will be next Wednesday, January 16th starting at 6 p.m. and then the budget workshop will be Wednesday, February 6th at 6 p.m.  Council member Bice asked about commercial updates and Mayor James mentioned he is waiting to hear back from John Viggers on how he wants the land for sale added to our website and then he will forward all the information on available commercial property in Granger to Karen and Kristy to add to the City website.  Council member Saak asked if we would consider tax abatements to new commercial as an incentive for building in Granger.  Ralph Brown mentioned there is state law that allows cities to adopt an ordinance on new commercial/industrial development that has a scheduled abatement and Granger had chosen not to adopt that ordinance.  It tends not to be so much for a small business but it’s more for larger businesses.  Ralph mentioned Dallas Center has adopted the ordinance and he could send it to the Mayor and Council to look at and discuss at the next council meeting.

Meeting adjourned at 8:28 p.m.


Tony L. James, Mayor

Attest:  _________________________________

Kristy Trzeciak, City Clerk



 A & W Electric, Inc.  Pole Light Repair at WWTP due to Lightning Strike  $      282.46
 Access Systems  Bitdefender Antivirus License Renewal – Police  $        88.46
 Access Systems Leasing  Copier Lease + Usage  $      361.45
 Access Systems Leasing  Server Lease + IT Services  $      625.74
 Agsource Laboratories  Wastewater tests + UPS shipping charges  $      333.50
 Agsource Laboratories  Wastewater tests + UPS shipping charges  $      240.00
 Agsource Laboratories  Wastewater tests + UPS shipping charges  $      294.50
 Agsource Laboratories  Wastewater tests + UPS shipping charges  $      217.00
 Agsource Laboratories  Wastewater tests + UPS shipping charges  $      217.00
 Banleaco  Folder/Inserter Lease  $      154.22
 Barnes & Noble  DVDs  $        89.97
 Barnes & Noble  Book  $          8.79
 Barnes & Noble  Book  $        11.19
 Barnes & Noble  Books  $        47.94
 Barnes & Noble  Book  $        13.56
 Barnes & Noble  Books  $        37.58
 Barnes & Noble  DVDs  $        48.97
 Barnes & Noble  Books  $        79.94
 Barnes & Noble  Books  $        97.79
 Barnes & Noble  Books  $      146.92
 Barnes & Noble  Books  $        58.84
 Beisser Lumber Company  1×8-12 #2 Pine Carsiding  $      109.44
 Bomgaars  Antifreeze/Pipe Nipple/Pipe Bushing/Conn Hose/Insert Adapter
 Wheel Cutting Metal/Conduit/Ball Valve/Wheel Cutting Metal
 Wheel Cut-Off Metal/5Ft Ext Wire/Insert Elbow/Bolt Eye  $      143.31
 Bomgaars  Snow Brush  $          5.69
 Bomgaars  Toggle Switch/Anchor Ring/Ring Tie-Off/Strap Tie Down/Strap Ratchet  $        62.87
 Bound Tree Medical  Gloves/BVM Resuscitator/Electrodes/Defib Pads/Bandage  $      139.24
 Bound Tree Medical  Pediatric Defib Pads  $      118.99
 Bound Tree Medical  Supraglotic Airway Kit/Endotracheal Tube Holder/BVM Res Bag/Curaplex Suction Kit
 Suction Canister/Irrigation Solution/Defib Pads  $      210.11
 Bound Tree Medical  Glucagon Kit  $      333.24
 Brown, Fagen & Rouse  Legal Services for January 2019/Dallas County Recorder and Priority Mailing  $   2,619.02
 Brown, Fagen & Rouse  To Adel for Pretrial Conf regarding Ticket for Speeding/Telephone Conf w/ Chris Knouse  $      260.00
 Burns, Brandon  Cell Phone Reimbursement  $        35.00
 Capital City Equipment Co.  Oil Filters  $      136.98
 Carquest Auto Parts  Vacuum Cap/Elbow Conn/Hose Clamp/Fuel Hose  $        22.92
 Carquest Auto Parts  Washer Fluid  $          7.00
 Casey’s General Stores  Fuel  $   1,124.17
 Colored Sand  Party Pack  $      140.00
 Culligan Water of Adel  Bottled Water + Cooler Rental  $        17.30
 D.J. Gongol & Associates, Inc.  Wear Plate Assy/Hex Nut/Lock Washer/Gasket Rub
 Cover Plate/Fill Plug Assy/Check Valve Assy  $      830.62
 Dallas County EMS  Ambulance Tiering Services  $      150.00
 Dallas County EMS  Ambulance Tiering Services  $      150.00
 Dallas County EMS  Ambulance Tiering Services  $      150.00
 Data Technologies, Inc.  1099 Misc Forms/W3 Forms/1096 Forms/W-2 Forms  $      163.98
 David, Susanne  GCC Rental Cancellation Reimbursement  $      160.00
 Demco  Clear Glossy Label Protectors/Laminate 4-Mil Gloss Finish/Plastic Laminate Squeegee  $      140.23
 Electric Pump  Lift Station Pump Repairs  $   1,434.00
 Electric Pump  Lift Station Pump Repairs  $      654.00
 Elenco Electronics, Inc.  Jr. Scientist Tumbling Robot  $        61.50
 Empowerment Solutions, LLC  Quarterly Hosting Fee  $      225.00
 Feick, Brad  Cell Phone Reimbursement  $        35.00
 Fire Recovery EMS  December Billing  $      437.05
 G & L Clothing  Clothing – Mullins  $      254.64
 G & L Clothing  Clothing – Mullins  $        56.70
 Geneser Repair  Repair Hydraulic Leak on Tractor  $      145.55
 Genus Landscape Architects  Professional Services thru November 2018 – Design Development on Granger Trail Hub  $   2,222.80
 H & H Plumbing Inc.  Backhoe Rental for Water Main Repair  $      930.00
 Harned, Jennifer  Cell Phone Reimbursement  $        35.00
 Hawkins, Inc.  Chlorine/Sodium Permanganate  $   1,168.17
 Mullins, Aaron  Cell Phone Reimbursement  $        35.00
 Phonesavanh, Vone  Yoga Instructor Payment  $      294.00
 Polk City Fire & Rescue Department  Tiering Services  $      200.00
 Polk City Fire & Rescue Department  Tiering Services  $      200.00
 Praxair  Oxygen  $      194.05
 Purchase Power  Postage  $      400.00
 Racom  EDACS Access  $      479.40
 Signature Signs  Vinyl Lettering for Trash Cans  $        24.39
 State Hygienic Laboratory  Water Tests  $      324.00
 Storey Kenworthy  Checks  $      370.49
 Sturtz, Jarrod  Cell Phone Reimbursement  $        35.00
 Sullivan, Elizabeth  Bootcamp Instructor Payment  $        21.00
 Sullivan, Elizabeth  Bootcamp Instructor Payment  $      126.00
 Sullivan, Elizabeth  Bootcamp Instructor Payment  $      105.00
 Sullivan, Elizabeth  Bootcamp Instructor Payment  $        42.00
 Sullivan, Elizabeth  Bootcamp Instructor Payment  $      126.00
 Sullivan, Elizabeth  Bootcamp Instructor Payment  $        42.00
 Tiernan’s Service Center  Mower Tire Repair  $        25.00
 Tiernan’s Service Center  New Tires/Rear Wiper Arm/Rear Wiper Blade for 2013 Dodge Durango  $      803.31
 Tiernan’s Service Center  New Tires/ABS Electric Control Module/Alignment  $   1,478.39
 TOT  Instructor Payment  $      364.65
 Trzeciak, Kristy  Cell Phone Reimbursement  $        35.00
 Trzeciak, Kristy  GCMOA Luncheon Mileage Reimbursement  $        13.29
 UPS  UPS Shipping Charges  $        52.04
 Van Wall Equipment  Tiller Stand/Base/Nut Lock/Retainer  $        30.60
 Van Wall Equipment  Fuel Line Packing  $          1.48
 Veenstra & Kimm, Inc.  Engineering Services for Ironwood Estates Plat 3  $   1,947.69
 Veenstra & Kimm, Inc.  Building Permit Fees for November 2018  $   2,292.60
 Verizon Wireless  Cell Phone Charges  $        93.09
 Walter’s Sanitary Service, Inc.  Residential garbage reimbursement 12/1-12/31/18  $   7,329.20
 Walter’s Sanitary Service, Inc.  Container Rental/Pickup  $        86.08
 Walter’s Sanitary Service, Inc.  Container Rental/Pickup  $        83.67
 Williams Scotsman  Police Mobile Trailer Rental Fee  $      338.00
 TOTAL  $ 36,337.76
 General Fund  $ 28,141.60
 Water Fund  $   3,717.14
 Sewer Fund  $   4,479.02
 TOTAL  $ 36,337.76
 General Fund  $ 71,713.31
 Road Use Tax Fund  $ 14,143.33
 Employee Benefits Fund  $   2,756.70
 Emergency Fund  $      526.97
 Local Option Sales Tax Fund  $ 13,666.61
 TIF Fund  $   5,954.73
 Debt Service Fund  $ 10,893.65
 Water Fund  $ 19,520.99
 Sewer Fund  $ 39,632.07
 TOTAL  $178,808.36