February 6, 2017

Wellman, Iowa

The Wellman City Council met in regular session in the Council Chambers of the Wellman Municipal Building at 5:30pm.  Mayor Ryan Miller presided with City Administrator, City Clerk and the following Council Members: Robert Goodrich, Shannon McCain, Fern Bontrager and Tracy Owens, Robert Freeman absent.  Following the Pledge of Allegiance the Consent Agenda was approved upon motion by Owens, Seconded by McCain and all aye votes.  The consent agenda includes the agenda, minutes from previous meeting, and the following claims:

No one spoke in the public forum.

A public hearing to receive comments on Chapter 170 Zoning Regulation Changes was opened by McCain; Seconded by Bontrager and upon roll call the vote was 4 ayes, Freeman absent.  There were no oral or written comments.  Goodrich moved to close public hearing, Owens seconded and all voted aye.  First reading of Ordinance No. 241 Chapter 170 Zoning Regulation Changes is as follows:

ORDINANCE NO. 241

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WELLMAN, IOWA, CHAPTER 170 ZONING REGULATIONS, TO ADD SECTION 170.11.3.Q REGULATING BUSINESS USE WITHIN COMMUNITY BUILDINGS IN RESIDENTIALLY ZONED DISTRICTS.

BE IT ENACTED BY THE COUNCIL OF THE CITY OF WELLMAN, IOWA:

SECTION 1.  Adoption.  Chapter 170 (Zoning Regulations) of the Code of Ordinances of the City of Wellman, Iowa, adopted August 4, 2014, by Ordinance No. 230 is hereby amended by the adoption of the following Section 170.11(3)(Q):

CHAPTER 170 – ZONING REGULATIONS

SUBCHAPTER – R-1 RESIDENTIAL DISTRICT

SECTION 170.11(3)(Q). – COMMUNITY BUILDINGS

1. Community buildings designed and/or intended to serve residents of a residential rental community; owners/occupants of units within a residential condominium; or owners of designated lots within a residential subdivision.  Any such community buildings may include a business office, but only to the extent each of the following criteria is satisfied:

• The community building is designed and intended primarily for the use and benefit of residents of a residential rental community consisting of no less than eight (8) dwelling units.

• The community building may include a business office to be maintained by the landlord provided the same occupies not more than 33% of the gross square footage of the community building and the use of the business office has a direct nexus to the administration and maintenance of the community and its dwelling units, including but not limited to the provision of services customary to an onsite rental office.  Provided this requirement is met, nothing shall preclude the landlord from also conducting offsite business from the office as long as the residential character of the community is preserved and the following limitations are observed:

• There shall be no disturbances such as noise, vibration, smoke, dust, odor, heat, or glare noticeable, observable, or detectable, beyond the confines of the community building;

• There shall be no exterior display or storage of materials, equipment, supplies, or the like, and overnight parking of vehicles connected with any business use of the community building is strictly prohibited;

• There shall be displayed no exterior signs relative to any offsite use of the business office provided, however, any sign otherwise in conformity with the R-1 requirements shall be permissible for purposes of identifying the community building as such and/or directing residents or prospective residents to the rental office;

• The business office shall be closed to customers other than residents or prospective residents after the hours of 7:00 p.m. or before 7:00 a.m.;

• With the exception of residents or prospective residents visiting the business office, no more than the number of on-street and/or off-street parking spaces specified by the Board of Adjustment in granting the special exception may be utilized in connection with the business office at any given time;

• There shall be no indication noticeable, observable, or detectable, beyond the confines of the community building that it is being used for anything other than a community building and onsite rental office.

An office space, including but not limited to a computer center, available for occasional non-business use by residents, owners, and/or occupants on equal terms and conditions shall not be considered a “business office” for purposes of this Section 170.11(3)(Q).

SECTION 2.  Repealer.  All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 3.  Severability.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

SECTION 4.  Effective Date.  This ordinance shall be in effect after its final passage, approval and publication as provided by law.

McCain moved to approve first reading of Ordinance No. 241, Seconded by Owens and upon roll call the vote was 4 ayes, Freeman absent.

Resolution No. 17-08 A Resolution to set a date for public hearing regarding City of Wellman Capital Improvement Plan was introduced and caused to be read.  Public hearing will be at the February 20^th Council Meeting.  Bontrager moved to approve, Seconded by McCain and upon roll call the vote was 4 ayes, Freeman absent.

Discussion and action was taken on repairs to Generator at the Wastewater Facility.  Litwiller explained to Council that she has received a quote from Cummins Central Power to replace the alarm board and some of the hoses that were leaking on the Generator for $2,173.92. Owens moved to approve, Bontrager Seconded and all voted aye.

Discussion and action was taken on repairs to Lift Station pump.  Litwiller explained that the Lift Station normally runs with 2 pumps but one of the pumps has been down for a month or two and feels that they need to get this fixed in case the second decides to fail.  The total cost of repair is $2,650.00.  Goodrich moved to approve, McCain Seconded and all voted aye.

Discussion and action was taken on 11^th Street Sanitary Sewer Project change order #1.  Litwiller explained that this change order is for $3,398.42 which was for a stub that was supposed to come out for the connection of the sewer lines but was not actually put in when the Circle Drive Project was completed.  Pirc Tobin was the contractor for the Circle Drive project and has paid the city $1500 for this mistake.  So the City needs to cover the difference.  Goodrich moved to approve, McCain Seconded and all voted aye.

Discussion and action was taken on the Wellman Municipal Gas System Annual Reports.  Litwiller explained that not much has changed from last year’s other than a few services have been added.  Owens moved to approve, Goodrich Seconded and all voted aye.

In council reports, Owens wanted to know what the status was on the meeting with Schneider.  Litwiller explained that she has discussed with Schneider and he would like to get through budget and then will set a meeting time.  Owens also wanted to know where we are on the clock downtown.  This has been an issue for quite some time and would like to see it fixed.  Litwiller updated council that the grant applications for spring are open and questioned council on what they would like to see.   Litwiller suggested that the city apply for the south park improvements and maybe some new shelters for the parks.  McCain questioned if the chip seal that LL Pelling does has a timeframe when it’s not recommended to do.  He wonders if the fall chip seal is really worth the money or if the city should just stick to doing it in the springtime.

Council moved into a work session for a discussion on FY18 budget.  During the work session Litwiller presented council with a list of estimates on some items that need to be considered as we prepare for the FY18 budget.  Council discussed the best ways to budget for these items.

With no further business Bontrager moved to adjournment at 6:47pm, Owens seconded and all voted aye.  The next regular City Council Meeting will be held Monday, February 20, 2017 at 5:30pm in the Council Chambers of the Wellman Municipal Building.

Minutes transcribed by the City Clerk are subject to Council Approval.