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Publication Date: Friday, July 11, 2008

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City agrees to vacate a street, alley, no selling price yet

By Diane Vance/Gate City Staff Writer
Published: Friday, July 11, 2008 11:39 AM CDT
MONTROSE - The Montrose City Council Monday agreed to revisit a second reading to vacate a street and alley.

Montrose residents Corey and Liz Moore have asked the city to vacate portions of South Fourth Street from Locust to Elm Street and a portion of the alley from the Allen property to South Fifth Street. They own adjoining property and want to build on portions of the unused street and alley.

The council approved the first reading in May. At the June meeting, one council member was absent and the other four council members split the vote 2-2 on the second reading.

In June, Mayor Greg Ruth said the tie was a defeat. He would check on how to proceed because he had not encountered a yes vote on a first reading and a defeat on the second reading.

This month, he said the council could choose to re-vote or let it stand. The council agreed to re-vote the second reading on a 4-1 vote. Melody Slater was opposed.

“I did some more checking into the property,” said council member Mary Van Pelt. “I was against the city vacating the street and alley. I contacted the county assessor and an attorney and I've changed my vote.


“I've looked at our maps. We have a lot of streets and alleys with buildings on them. That helped me change my mind.”

Council member Mark Conlee said he was not comfortable with the city giving up property.

“We're not in the business of giving away property,” he said.

Ruth said the vote on the second reading to vacate was a separate issue than the price of the property. The council approved the second reading 4-1. Slater voted no.

Ruth said the council also could waive the third reading, making it a city ordinance. Again the council voted 4-1, passing the ordinance to vacate portions of South Fourth Street from Locust to Elm Street and a portion of the alley from the Allen property to South Fifth Street.

The council also set an administrative fee of $100 to sell city property. The price of the land in question has not been set. The city is waiting on an appraisal.

Montrose, L.A. connection

Sarah Rose Bergman attended the meeting, home from Los Angeles for a visit.

“I was born and raised here in Montrose, and I'm a Central Lee graduate,” she said. “Now I'm a film maker in L.A. I'm looking to shoot a feature film here in Iowa. It's my love letter to Iowa. I'm looking for community support to use public lands and I'll contact some private parties.

“I took a feature documentary film to the Sundance Festival,” said Bergman. “I was story editor and film editor. We won the audience award. I'd like to shoot films here.”

Audience member and resident Elaine Foley praised the Montrose Police Department.

“We had a new foster son and near the end of his stay with us, there were occasions for the police to visit,” she said. “Thanks to Mike (Smith, police officer) and Karl (Judd, police chief) for how it was handled. I'm so glad they are here.”

Foley said she is grateful the city decided to keep its own police force instead of contracting with the county sheriff's department for law enforcement coverage.

Judd reported the following statistics from the Montrose Police Department since the June 6 council meeting: Five misdemeanor arrests; four juvenile referrals; two minor traffic violations; two thefts; a burglary; six traffic citations; six dogs in the city kennels; and 64 calls for service.

Among the five misdemeanors, two were domestic assaults.

“Assaults are the most common reason for arrests here,” he said. “Our arrests boil down to about 2 percent of the population getting in trouble or 2 to 3 percent of Lee County's population visiting here and getting into trouble.”

In other news:

Van Pelt said she delivered three nuisance abatement letters in person without any problems. One resident asked for help and Van Pelt is checking on getting students to help; two residents asked if dumpsters could be brought to their properties because they do not have a way to haul items to the dump.

The council reviewed a revised parking ordinance. It will be posted at City Hall until the August council meeting for public review.

The first reading of an ordinance to restrict registered sex offenders from living within 3,000 feet of a playground passed. Any sex offenders already residing in town are “grandfathered” in, said Police Chief Karl Judd. He added the town does not have any sex offenders at the level where law enforcement is required to go door-to-door to notify neighbors.

The council approved the final reading to enter a five-year renewable franchise agreement with Interstate Power and Light. Slater voted no.

The council approved the final reading to increase residential garbage rates to $7 per month.

The council will budget approximately $2,000 in the next budget for tree removal. Tree removal will be approved at the discretion of Public Works Committee.

Next month the council will review a policy to charge residents for hauling gravel. Council member John Geyer said it's been the practice to allow two loads of gravel per residence each year. Residents pay for the rock but not transportation. Council member David Hawk wants to contract hauling gravel instead of using city trucks.

Ruth recommended the city donate $100 to Lee County Red Cross and Keokuk Salvation Army in appreciation of those agencies' help and support to fight the flood. The council approved donating $100 to each of the agencies.



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