Council, resident debate fence ordinance

     During the Monticello City Council’s July 3 meeting, the council finally passed the second reading of the Fence Height and Setbacks on Rear Lot ordinance. But, not without hearing from the resident who requested a change in the ordinance in the first place.

     Diane Ruchti lives on S. Chestnut Street and has both her front and rear yards on main thoroughfares in Monticello, double frontages. She approached the council several weeks ago asking to construct a 6-foot tall fence on the right of way in her rear yard.

     At the last council meeting, the council passes the first reading of the amended ordinance, allowing a 4-foot tall fence on the right of way line, or a fence of up to 6 feet tall if placed 5 or more feet off the right of way.

     The first vote to pass the second reading as previously stated failed 3-2, with council members Dave Goedken and Johnny Russ opposed. (Four votes in favor are needed to pass.)

     A second vote pass 4-1, with Goedken opposed. This would allow the stipulated fence heights, but only on S. Linden and S. Chestnut streets in Monticello. Goedken said he was opposed because singling out two streets in town opens the door for more exceptions to the rule.

     Ruchti said she would like to build a 6-foot tall fence, but not lose space in her yard to do so.

     “I don’t understand why I have to cut back 5 feet into my property,” she said.

     Council member and acting mayor pro tem during the meeting, Brian Wolken, explained that the ordinance applies to all double frontage properties in town.

     “We want to make this consistent with the (new) alleyway ordinance,” he said. Ruchti objected saying her property in not on an alleyway.

     Russ said homes with double frontages on both Farley and Gill streets are the biggest problem because those are busy streets in town. He said he would not be in favor of a 6-foot tall fence on the right of way on these streets.

     “That’s my issue,” he said. “One your property (S. Chestnut), it’s probably fine, but it’s tough to approve knowing other properties could be affected.” This was the reasoning behind Russ’ opposition to the first motion.

     Goedken said his opposition is merely for safety reasons. “You don’t need a 6-foot tall fence against the right of way,” he said.

     After the first vote failed, Public Works Director Brant LaGrange told the council it makes it hard to enforce the double frontage rules when the language isn’t adequate.

     “There is very little definition in the code for double frontage,” said LaGrange.

     The third and final reading of the amended ordinance will come during the next council meeting, July 17. City Administrator Doug Herman reminded the council that the third reading could also be modified before it’s approved.

In other city business:

     • The council passed the third and final reading of the Urban Chickens Ordinance.

     • There is an opening on the city’s tree board.

     • Herman reported on a hot topic he said is circulating among Parks and Rec departments and cities in Iowa: smoking in public parks. He said with areas such as the confined downtown pocket park, would the council want to ban smoking in such areas. More discussion will come at the next council meeting.

     • The council received three bids for the demolition of property at 224 N. Chestnut St., formerly owned by Al Hughes, now owned by the city. The council awarded the bid to B&J Hauling & Excavation, Inc. for $9,750 pending the need for asbestos licensing.

     Herman said if a license is required by the DNR, the project would be awarded to Lansing Bros. Construction for $12,760.

     The house has to be demolished by July 17.

     • The council approved the fifth request from Eastern Iowa Excavating and Concrete for work on E. South Street. The pay request was in the amount of $33,325.77.