Council/Staff Planning Session Council Chambers, City Hall

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1 Council/Staff Planning Session Council Chambers, City Hall 1. Meeting Date And Time 1.I. May 31, :00 Pm (Rescheduled From May 22) Call To Order Mayor's Comments Request For Chickens - Rachel Colsch 223 Charles Street Documents: AIS CHICKEN COLSCH REQUEST PACKET PDF CHICKEN REQUEST LETTER.PDF Department Update - Chief Anderson And Chief Whipple Terry Huxsol - Street Closure Request For Bike Night At City Tap Documents: AIS-CITYTAP BIKE NIGHT REQUEST.PDF SKMBT_ PDF 7. Mower Purchase For Housing Department Documents: AIS-MOWERS PLAN SESSION.PDF 8. Art Center Stairs Documents: AIS - ART CENTER ADDED STEP WORK PACKET.PDF 9. Broadband Study Proposals Documents: AIS BROADBAND FEASIBILTY FIRM RECOMENDATION.PDF 10. Fireworks Ordinance Draft Documents: AIS 2017 FIREWORK PART 2 - ORDINANCE UPDATE WORKSHOP.PDF ORD REPEALING AND ADOPTING NEW PDF AMEND ZONING ORDINANCE RE CONSUMER FIREWORKS.PDF 11. Wastewater Treatment Plant Update Documents: AIS WWTP FACILITY PLAN - 2ND REVIEW INCLUDES REED BED REVIEW.PDF 12. City Administrator Report 13. Adjourn

2 MEETING DATE: 05/22/17 ITEM: AGENDA ITEM SUMMARY Subject: Request for Chickens Rachel Colsch 223 Charles St. Background Summary: City has received a request to keep chicken inside city limits from Rachel Colsch at 223 Charles St. Attached is the letter making the request and it appears that these birds have been part of that property for some time already and are a beloved pet to the owner. The property is located somewhat on the edge of town and is adjacent to the Charley Western Trail, water tower and Cambrex. Residential neighbors are directly on either side of the property. I ve attached a map from Beacon to give you an idea as to the location of the property. CITY OF CHARLES CITY

3 Floyd County, IA Overview Legend Corporate Limits Political Township Parcels Roads 590 ft Parcel ID Sec/Twp/Rng Property Address 223 CHARLES CHARLES CITY Alternate ID n/a Class R Acreage n/a District CHARLES CITY CORPORATION Brief Tax Description SALSBURY LOT 12 BLOCK F (Note: Not to be used on legal documents) Owner Address Colsch, Rachel S. 223 Charles Street Charles City, IA Date created: 5/17/2017 Last Data Uploaded: 5/12/2017 7:10:14 PM Developed by The Schneider Corporation

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5 MEETING DATE: 5/31/2017 ITEM: 6 AGENDA ITEM SUMMARY Subject: Request for street closure for Bike Night at City Tap Background Summary: We have been approached by Terry Huxsol to close a city street for a Bike Night he d like to hold every Thursday night (minus two Thursdays in July) in front of the City Tap located on N. Main. He had originally wanted to close off the section of Main St., but we are very hesitant to do that. We asked if closing the section of Lane Street in front of his business would work and he agreed. I am enclosing the letter he s drafted plus a map of his business and the proposed area. He will be extending his liquor license via an Outdoor Service permit and he knows that the area must be fenced where he will be serving beer. This event would start on June 8 and end August 24 with no event held July 6 and 13. Time would be from 5:00 to 9:00 p.m. Chief Anderson has been involved in the discussions on this and concurs with the Lane Street closure. Terry will be present at the meeting to answer any questions. CITY OF CHARLES CITY

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9 MEETING DATE: 5/31/2017 ITEM: 7 AGENDA ITEM SUMMARY Subject: Approving Purchase of Lawn Mowers for Housing Department Background Summary: The Housing Department is seeking approval to replace three lawn mowers. The existing equipment was purchased in 2010 and has been experiencing numerous mechanical issues and the mower decks are worn and not cutting the grass even. These mowers were purchased with snow blower attachments. However, in recent years, the maintenance staff has begun using walk behind snow blowers because they feel that they do a better job of cleaning the snow from the walks. Due to this, we wish to purchase zero-turn mowers for the lawns and continue to use the existing walk behind snow blowers. One of the existing tractors will be kept as a backup mower/snow blower. The remaining two tractors with their attachments will be taken to an auction to be disposed of. Quotes for three 52 zero-turn mowers were obtained from the following dealers: Swartzrock: (3) Exmark Zero Turn $15,000 Cal s Auto: (3) Ferris Zero Turn $18,600 Don s Repair: (3)Toro Titan $19, The Public Housing Operating Fund will be used to pay for the mowers. CITY OF CHARLES CITY

10 MEETING DATE: 5/31/17 ITEM: 8 AGENDA ITEM SUMMARY Subject: Art Center Stairs Additional repair Recommendation: Select Option A for $20, to additionally repair the support structure of the Art Center steps with Reniassance Restoration Background Summary: Last week Reniassance Restoration who is doing the step rehab on the Art s Center contacted the City to let us know that the supporting structure underneath the steps at the art s center was is very poor condition. This was something that was not visible prior to removing the old steps. What they found was brick supporting structure where the bricks have broken and mortar had turned to dust and so there is additional work that needs to be done to have a solid base to hold the steps in place. Attached is a quote for two options with picture of the area. Option A is $20,075 - would include removing the center support wall, pouring a new concrete pad and building a support with concrete block and rebar. Option B is $15,951 - while about $4,000 cheaper would only rebuild and tuck point what is there now. We feel that for the money Option A is the best long term solution. We were hoping to get consensus from the council at the May 22 nd workshop Option A as the contractor needs to know asap in order to move forward and get the project completed timely. Due to our workshop delay I went ahead and gave the order to go with Option A. I m hoping that council is agreeable to this decision. CITY OF CHARLES CITY

11 Date: May 16, 2017 Project: Owner: Art Center Stair Repairs City of Charles City From Architect: RDG Planning & Design RDG Project No.: To Contractor: Renaissance Restoration, Inc. Contract for: General Construction E-Distribution: Zak Dunne Renaissance Restoration John Fallis City of Charles City Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed modifications to the Contract Documents described herein. This is not a Change Order nor a direction to proceed with the Work described herein. Description: Provide additional masonry repairs. 1. Remove deteriorated brick from footing walls. Rebuild walls as necessary. Provide substitute new or used brick or concrete masonry if existing materials are not able to be re-used. Provide quantity of anticipated repairs with proposed cost. 2. Repoint stone masonry building foundation wall behind stair footing walls as necessary. Provide quantity of anticipated repairs with proposed cost. Reference: None Attachments: None Prepared by: Scotney Fenton, AIA RDG Planning & Design

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13 MEETING DATE: 5/31/17 ITEM: 9 AGENDA ITEM SUMMARY Subject: Fiber feasibility Study Firm Recommendation Recommendation: Broadband Commission has recommended selection of Lookout Point/New Com Technologies as the firm complete the fiber to the home feasibility study Background Summary: On May 18 th the Broadband Commission met to interview three of the four firms that offered proposals for conducting the final feasibility associated with researching the fiber to the home broadband service concept (also tv & phone). The commission virtually met with CCG/Finley, Lookout Point/New Com Technologies and FARR Communications. The group met again on Monday May 22 nd to discuss the interviews and came down to either CCG/Finley or Lookout Point/New Com. In the end the group chose to recommend Lookout Point/New Com Technologies as the firm of choice but before giving official recommendation wanted additional references from the firm. I obtained those references and the commission has been tasked with sharing the reference checks. For the workshop we will have a member from the commission present to discuss their ultimate recommendation and answer questions for the council. I would anticipate that council will be able to take action at the June 5 th council meeting. CITY OF CHARLES CITY

14 MEETING DATE: 05/22/17 ITEM: 10 AGENDA ITEM SUMMARY Subject: Fireworks Ordinance update Background Summary: After our initial discussion on updating our City Code in regard to the recent state law change regarding fireworks, the city attorney has drafted the attached ordinance. Main points are as follows: Includes language that continues to prohibit the use of consumer fireworks within city limits. Does not prohibit the sale of consumer grade fireworks as that is protected by state law. Creates a Fire inspection for anyone wishing to sell fireworks and fees associated with this annual inspection. $100 for temporary structure; $200 for permanent structure Requires that those who fit the definition of Peddler, Solicitor and Transient Merchants are subject to the requirements of that code section requiring permitting Includes language where anyone who is selling fireworks is required to prominently display notice that firework usage is not permitted inside City Limits. Insurance requirements have been updated which would combine Bodily injury and property damage into one amount which is the same as the Total liability. That amount has been increased as suggested by City s insurance carrier and also matches new state amount of $2 Million Continues to require that display fireworks usage must obtain city permission. No change there CITY OF CHARLES CITY

15 ORDINANCE NO. AN ORDINANCE REPEALING SECTION OF THE CHARLES CITY CODE OF ORDINANCES AND ADOPTING A NEW SECTION WHICH AMENDS THE PROVISIONS OF THE REPEALED SECTION BY PROVIDING FOR GENERAL REQUIREMENTS REGARDING THE SALE OF CONSUMER FIREWORKS AND BY PROHIBITING THE USE AND DISCHARGE OF CONSUMER FIREWORKS WITHIN THE CORPORATE CITY LIMITS OF CHARLES CITY, IOWA BE IT ENACTED by the City Council of the City of Charles City, Iowa: SECTION 1. Section Repealed. Section of the Charles City Code of Ordinances is hereby repealed and the following new Section is adopted: FIREWORKS. The sale, use and exploding of fireworks within the City are subject to the following: 1. Definitions. For purposes of this section, the definitions for Consumer Fireworks, Display Fireworks, and Novelties shall be as enumerated in Iowa Code section 727.2, subsection 1, which definitions are incorporated herein by reference. 2. Consumer fireworks. A. Use and Explosion. The use and explosion of Consumer fireworks is prohibited within the corporate limits of the City of Charles City. B. Sale, Transfer, and Purchase. i. Sale. The sale of Consumer fireworks shall at all times be conducted in accordance with the provisions of the Iowa Code and the administrative rules adopted by the Iowa state fire marshal relating to the sale, transfer, and purchase of Consumer fireworks. ii. Requirements. Prior to engaging in the sale of Consumer fireworks, a person, firm, partnership, or entity who sells Consumer fireworks shall (1) provide the Fire Chief of the City of Charles City with proof of a valid and current license issued by the state fire marshal, (2) obtain a permit from the Fire Chief following inspection of the property, building, or premise from which sales will be conducted. Said permit shall be effective for one year from the date of issuance. Issuance of a new permit shall only be made after re-inspection of the property, building, or premises by the Fire Chief. iii. Fire inspection. Any property, building, or premise, whether it be permanent or temporary, intended for the sale of Consumer fireworks shall have an initial fire inspection completed by the Fire Chief prior to engaging in the sale of Consumer fireworks. The Fire Chief or the Chief s designee shall cause an annual inspection to occur meeting the requirements of the National Fire Protection Code 1124 (2006 edition) and the current fire code adopted by the City of Charles City. Inspection Costs shall be assessed as follows: a. Permanent Structure where fireworks are sold - Annual inspection fee of $100.

16 - 2 - b. Temporary or Non-Brick or Mortar Building where fireworks are sold - Annual inspection fee of $200. iv. Peddlers, Solicitors, and Transient Merchants. A person, firm, partnership, or entity who sells Consumer fireworks and meets the definition of a Peddler, Solicitor, or Transient Merchant, as those terms are defined in Chapter 122 of the Charles City Code of Ordinances, shall be subject to the provisions provided in said Chapter 122 of the Charles City Code of Ordinances. v. Notice of Prohibition of Use and Explosion. Any person, firm, partnership, or entity who sells Consumer fireworks under this Chapter shall display in a prominent location on the premises a notice that the use and explosion of Consumer fireworks is prohibited within the corporate limits of the City of Charles City, Iowa. 3. Display Fireworks. It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any Display fireworks; provided the City may, upon application in writing, grant a permit for the display of Display fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts: A. Bodily Injury and Property Damage: $2,000,000 B. Total Liability Coverage: $2,000, Violations. A person who violates this Chapter commits a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars. A court shall not order imprisonment for violation of this Chapter. Violations of this Chapter shall be reported to the state fire marshal. 5. Applicability. A. This Chapter does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited by this Chapter, or the sale of any kind of fireworks if they are to be shipped out of the state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization. B. This Chapter does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. C. Unless specifically provided otherwise, this Chapter does not apply to novelties. SECTION 2. Severability. If any section, provision or part of this ordinance shall be adjudged invalid, preempted, 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, preempted or unconstitutional.

17 - 3 - SECTION 3. When Effective. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the City Council on this day of, ATTEST: James A. Erb, Mayor Trudy O Donnell, City Clerk I certify that the foregoing was published as Ordinance No. on the day of, Trudy O Donnell, City Clerk

18 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS XVI AND XVII OF THE ZONING ORDINANCE OF THE CITY OF CHARLES CITY, IOWA, 2005 BY ADDING A DEFINITION FOR CONSUMER FIREWORKS AND BY ADDING THE SALE OF CONSUMER FIREWORKS AS A PRINCIPAL PERMITTED USE IN B-4 HIGHWAY SERVICE BUSINESS DISTRICT AND AS A SPECIAL USE IN B-3 SERVICE BUSINESS DISTRICT BE IT ENACTED by the City Council of the City of Charles City, Iowa: SECTION 1. Section Amended. Subsection C of Section XVI of the Zoning Ordinance of the City of Charles City, Iowa, is hereby amended by addition of the following Special Uses: 13. Sale of Consumer fireworks SECTION 2. Section Amended. Subsection B of Section XVII of the Zoning Ordinance of the City of Charles City, Iowa, is hereby amended by addition of the following Principal Permitted Uses: 2. Sale of Consumer fireworks SECTION 3. Section Amended. Section III of the Zoning Ordinance of the City of Charles City, Iowa, is amended by the addition of the following definition: CONSUMER FIREWORKS Consumer fireworks include first-class consumer fireworks and second-class consumer fireworks as those terms are defined in Iowa Code Section , subsection 1. SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. 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 6. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the City Council on this day of, ATTEST: James A. Erb, Mayor Trudy O Donnell, City Clerk

19 - 2 - CERTIFICATE I, Trudy O Donnell, City Clerk of the City of Charles City, Iowa, do hereby certify that the above and foregoing Ordinance No. was duly published in the Charles City Press, a newspaper published daily in the city of Charles City, Iowa, on the day of, Trudy O Donnell, City Clerk

20 MEETING DATE: 5/31/17 ITEM: 11 AGENDA ITEM SUMMARY Subject: Wastewater Treatment Plant Facility Plan Discussion #2 Recommendation: Select Final Design of Wastewater Treatment plant; preference being the Oxidation w/ Reed Bed design Background Summary: A couple months ago we met with Lance Aldrich from Fox Engineering to review the drafted facility plan for the new wastewater treatment plant. At that time we reviewed multiple design styles and were brought up to date on each different style with pros and cons for each. At the time we were leaning towards an Oxidation Ditch design as it would be a good long term design and among other benefits would have comparably lower construction and operating costs compared other designs. Another option brought up at the time was use of reed beds along with the oxidation ditch design and how that could impact the upfront cost and long term costs. Fox has completely reviewed and finalized the facility plan and has included more in depth analysis in regard to the plan as a whole and the use of reed beds. We ve also have had meeting with a reed bed practitioner to get his input and feels our needs would lend themselves well towards using reed beds. As you can see (in your facility plan hard copy) the upfront costs to build an oxidation ditch style plant with and without reed beds is $13.3M and $16.3M respectively (p.67). The 20 year operating comparison shows the overall costs (construction and operation) to be almost equal at $20.786M and $20.757M (p.68). While it is designed to be a 20 year plant, keep in mind our current plant is on year 51. In addition to monetary costs there are operational, implementation and safety benefits that make the oxidation ditch with reed bed a good choice as well (p.70) Lance will be present to review this with us and discuss details and steps moving forward. As previously discussed we are on a timeline that would have the plant constructed and operational by fall To keep that timeline we need to make a decision here in June. CITY OF CHARLES CITY

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