Regular Meeting
May 22, 2023
The Council for the City of Wilton, Iowa met in regular session in the Council Chambers at City Hall on Monday May 22nd, 2023. Mayor Keith Stanley called the meeting to order at 6:00 PM and then led the group in the Pledge of Allegiance. Council Members present: Sheryl Lenker, Bill Voss, Steve Owens, Ted Marolf and Wayne Budding
The agenda was presented for approval. It was moved by Member Budding seconded by Member Marolf that the agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The consent agenda was presented for approval. Items included were: Minutes from 5/8/2023 meeting, renewal of Casey’s alcohol license. It was moved by Member Lenker seconded by Member Owens that the consent agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
REPORTS
Wilton Chamber and Development Alliance Director Becky Allgood reported that the annual Wilfundy golf outing is scheduled for June 16th. Preparations are in full swing for Founder’s Day.
City Administrator Jeff Horne reported that the sidewalk project in the North East section of town is currently out for bid. The council will award a bid at the June 12th meeting. The parking lot behind City Hall is complete and looks very nice. Also, the new concession stand and restrooms at Cherrydale park are nearing completion.
FORMAL MEETING
The mayor announced that this was the time (6:09PM) and place set for the public hearing for the Budget Amendment FY2022-2023. It was noted that the notice of such hearing was published in The Advodate News and the affidavit was on file at City Hall. There were no written or oral objections received. Where upon the Mayor declared such hearing closed (6:11PM).
RESOLUTION 05222023A
A RESOLUTION ADOPTING THE BUDGET AMENDMENT FOR FISCAL
YEAR ENDING JUNE 30, 2023 AND CERTIFYING
TO MUSCATINE COUNTY AUDITOR
WHEREAS, on May 8th, 2023 at the regular meeting the Wilton City Council approved
setting the public hearing on the FY23 Budget Amendment for May 22nd, 2023; and
WHEREAS, notice of said hearing was published on May 11th, 2023 in the Wilton Advocate; and
WHEREAS, said hearing was held on May 22nd, 2023; and
WHEREAS, state laws requires said hearing to be held prior to adoption of a budget amendment and said budget amendment to be certified by May 30th to the County Auditor;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Wilton, IA that the attached budget amendment is hereby adopted and the City Administrator is directed to certify said budget amendment with the County Auditor of Muscatine County.
It was moved by member Lenker seconded by member Voss that the resolution be approved as presented. The vote was recorded as follows: Ayes: Voss, Lenker, Owens, Marolf, Budding Nays: None Motion Carried Passed and approved this 22nd day of May 2023.
ORDINANCE NO 559
AN ORDINANCE AMENDING TITLE 19 OF THE
WILTON MUNICIPAL CODE BY ADDING A SECTION FOR TINY HOUSE PLANNED DEVELOPMENTS
Be It Enacted by the City Council of the City of Wilton, Iowa as follows:
SECTION 1. PURPOSE The purpose of this Ordinance is to amend the Wilton Municipal Code to add a section to allow for tiny houses in planned developments designated for tiny houses.
SECTION 2. AMENDMENT The Wilton Municipal Code is hereby amended by adding Chapter 19.29:
SECTION 19.29. TINY HOUSES IN POCKET NEIGHBORHOODS
19.29.10 GENERAL DESCRIPTION
A tiny house shall be defined as a principal residential dwelling that has a square footage of between 170 and 1,100. Tiny Houses are only permitted within the Redevelopment Mixed Use district (RMU) or a Planned Unit Development (PUD) in a Pocket Neighborhood setting.
1. Each dwelling unit shall have a minimum gross floor area of not less than 170 square feet for the first occupant and not less than 100 square feet for each additional occupant. Required space in sleeping rooms. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
2. Minimum ceiling height. Every habitable room, foyer, bathroom, hall or corridor shall have a ceiling height of at least seven feet. If any room has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof, but the floor area of that part of any room where the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
3. Structure width. The minimum width of a tiny house must be at least 8.5 feet, with a maximum of 20 feet.
19.29.20 PLANNED POCKET NEIGHBORHOOD
A tiny house will be permitted within a planned pocket neighborhood. A pocket neighborhood is defined as meeting the following requirements:
1. A minimum of 4 tiny houses and maximum of 12 tiny houses per pocket neighborhood.
2. Centralized common area. The common open space area shall include usable public spaces such as lawn, gardens, patios, plazas or scenic viewing area. Common tables, chairs and benches are encouraged, with all houses having access to it.
a. Four hundred square feet of common open space is required per unit.
b. Fifty percent of units must have their main entry on the common open space.
c. All units must be within five feet of each common open space(s). Setbacks cannot be counted towards the common open space calculation.
d. The principal common open space must be located centrally to the project. Additional common open space can only account for twenty-five percent of the total requirement with trails and pathways connecting the total development. Passive trails are allowed and may count towards the common open space requirement.
e. Community buildings or clubhouses can be counted towards the common open space calculation.
f. Tiny Houses must surround the common open space on a minimum of two sides of the green.
g. Common open space shall be located outside of stormwater/detention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than ten percent.
3. All houses must have both front and rear porches.
a. Porches shall be oriented towards common open space or street and designed to provide a sense of privacy between units. Porch shall be a minimum of (80) eighty square feet and a minimum of (8’) eight feet deep on the common open space side of the building. The square footage of the porch may be reduced to (60) sixty square feet (six by ten feet deep) on units less than six hundred total gross square feet.
b. Secondary entrances facing the parking and sidewalk are required to have a minimum five by-five-foot porch.
4. Pocket neighborhood communities must be part of a condo or homeowners association to maintain the common areas
5. Lot Requirements.
a. Area. The minimum lot area per dwelling unit shall be of (1,200) Twelve Hundred square feet. Maximum lot area per dwelling unit shall be (3,000) Three thousand square feet. Maximum lot coverage 40% for structure, porches and drives 30%
b. Width. Minimum width per lot shall be 18 feet. Maximum width per lot 30 feet.
c. Depth. Minimum length per lot 50 feet. Maximum length per lot 100 feet
6. Setbacks.
a. Front setback: shall be twenty feet to be used for front porch and parking.
b. Rear or next to common area the set back shall be five feet for the construction of a rear porch.
c. Side Setbacks: The sum of side setbacks shall be not less than ten feet. If the side setback adjoins public open space, these setback requirements may be reduced by an amount equal to the distance from the property line to the centerline of the open space.
d. A modified setback shall be endorsed upon the approved site plan. No portion of a building or appurtenance shall be constructed as to project into any commonly owned open space. No structure or portion thereof shall be closer than five feet to any structure on an adjacent lot.
7. Maintenance of open space and utilities. Before approval is granted, the applicant shall submit covenants, deeds and homeowners association bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. These documents shall be reviewed and accompanied by a certificate from an attorney that they comply with the requirements of this chapter prior to approval. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the county auditor as a condition precedent to the filing of many final plat of the property or division thereof, except that the conveyance of land to a homeowners association may be recorded simultaneously with the filing of the final plat.
SECTION 3. REPEALER All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 4. SEVERABILITY If any Section, Subsection, Provision or part of this Ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of this Ordinance as a whole or any Section, Subsection, Provision or part thereof nor adjudged invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication as provided by law.
It was then moved by Member Marolf and seconded by Member Lenker that the said Ordinance be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried First reading passed and approved this 22nd day of May, 2023
It was then moved by Member Marolf and seconded by Member Voss that the requirement that said Ordinance be considered and voted on for passage at two council meetings prior to the third meeting at which time it is finally passed be suspended and that said Ordinance be fully adopted. Upon question of suspending said requirement, the roll was called and vote recorded as follows. Ayes: Voss, Lenker, Owens, Marolf, Budding Nays: None Motion Carried
Thereupon the Mayor Stanley approved said Ordinance, declared said Ordinance fully adopted assigned the number 559 and ordered that said Ordinance be added to the City Code book.
ORDINANCE NO 560 second reading
AN ORDINANCE AMENDING TITLE 19 OF THE
WILTON MUNICIPAL CODE BY UPDATING SIGN REGULATIONS
Be It Enacted by the City Council of the City of Wilton, Iowa as follows:
SECTION 1. PURPOSE The purpose of this Ordinance is to amend the Wilton Municipal Code to update and strengthen the sign code
SECTION 2. AMENDMENT The Wilton Municipal Code is hereby amended by replacing Chapter 19.52.030 with the following:
19.52.030 SIGN REGULATIONS. All signs erected or maintained, except official, public traffic, and street signs, shall conform with the provisions of this section and other ordinances or regulations of the City.
A. GENERAL PROVISIONS FOR ALL DISTRICTS. The following regulations shall apply to all signs permitted in all Districts:
1. Signs shall not be permitted within the public right-of-way or easements.
2. Flashing or rotating signs resembling emergency vehicles shall not be permitted in any district, and any signs not affixed to building or ground in any manner shall also not be permitted in any district.
3 No signs shall be permitted to obstruct any window, door, fire escape, stairway, or opening intending to provide light, air or access to any building or structure.
4. The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located.
B. SIGNS IN RESIDENTIAL DISTRICTS. No sign shall be erected in any Residential District except:
1. A nameplate sign identifying the owner or occupant of a building or dwelling unit, provided such sign does not exceed two (2) square feet in surface area. Such sign shall not be illuminated.
2. A sign pertaining to the lease or sale of the building or property, provided such sign does not exceed four (4) square feet in surface area. Such signs shall not be illuminated.
3. A temporary sign identifying an engineer, architect, contractor, or product engaged in or used in the construction of a building, is removed prior to the occupancy of the building. Such sign shall not be illuminated except for signs required by State or Federal law.
4. One identification sign not to exceed twenty-four (24) square feet in surface area displaying location information for churches, schools, hospitals, nursing homes, clubs, offices, libraries or similar use. Such signs may be illuminated.
5. Directional unilluminated signs not exceeding two (2) square feet in surface area displaying directional information for churches, schools, hospitals, nursing homes, clubs, libraries or similar uses excluding office or commercial establishments, provided that each such use shall be limited to one such sign per thoroughfare approach.
6. Public street identification signs, traffic signs, and directional signs in any parking area where such signs are necessary for the orderly movement of traffic.
7. Business signs located in Residential zones as Nonconforming or Home Occupations shall not be located in the front yard. Signs shall be attached to the house or located wholly within three (3) feet of the structure, shall not be illuminated and shall not be larger than two (2) square feet.
C SIGNS IN COMMERCIAL DISTRICTS. Signs may be erected in Commercial Districts subject to the following provisions:
1. The total surface area of all business signs on a lot shall not exceed two (2) square feet per lineal foot of lot frontage or ten(10) percent of the building frontage area, or seventy-five (75) square feet, in area whichever is greater. Signs may be illuminated.
2. Advertising sign structures shall be limited to one for a lot of 100 foot frontage or less, to only one for each additional 100 feet of additional frontage, or one per individual business. Rear signs on businesses shall be governed by the same restrictions as those pertaining to frontage.
3. Advertising structures may contain one sign per business per facing and shall not exceed 55 feet in total length. Free standing signs shall contain one sign per business.
4. No advertising sign may be erected within one hundred(100) feet of an adjoining Residential District.
5. For corner lots, the “frontage” used to determine allowable sign area shall be the least dimension along a street, but an equivalent sign area shall be allowed facing the intersecting street.
6. No sign shall project higher than six (6) feet above the height of the building, or thirty-two (32) feet above the average grade at the building line, whichever is greater.
7. Signs painted on a building shall be governed by the square footage limitations specified above. Such signs shall be maintained in good condition and shall be repainted, removed, or painted out if they are not maintained.
8. Where a sign is illuminated, the source of light shall not be visible from any public right-of-way, and such light shall be directed away from any Residential District.
9. No sign shall project more than one (1) foot perpendicular from the building face.
D. SIGNS IN THE M-2 HEAVY INDUSTRIAL DISTRICT. Signs may be erected in the M-2 Industrial District subject to the following provisions:
1. Advertising sign structures shall be limited to one (1) for lot of one hundred (100) foot frontage or less and to only one (1) for each additional lot frontage. Such structures shall not exceed fifty-five (55) feet in length. No advertising sign may be erected within one hundred (100) feet of a Residential District.
2. Sign lighting shall not be directed toward a public right-of way or any Residential District.
3. The total surface area of all business signs on a lot shall not exceed three (3) square feet per lineal foot of lot frontage or twenty (20) percent of the building frontage area or three hundred (300) square Feet in area, whichever is greater. Such signs may be illuminated.
SECTION 3. REPEALER All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 4. SEVERABILITY If any Section, Subsection, Provision or part of this Ordinance shall be adjudged invalid or unconstitutional such adjudication shall not affect the validity of this Ordinance as a whole or any Section, Subsection, Provision or part thereof nor adjudged invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication as provided by law.
It was then moved by Member Voss and seconded by Member Owens that the said Ordinance be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried Second reading passed and approved this 22nd day of May 2023
It was then moved by Member Budding and seconded by Member Owens that the requirement that said Ordinance be considered and voted on for passage at two council meetings prior to the third meeting at which time it is finally passed be suspended and that said Ordinance be fully adopted. Upon question of suspending said requirement, the roll was called and vote recorded as follows. Ayes: Voss, Lenker, Owens, Marolf, Budding Nays: None Motion Carried
Thereupon the Mayor Stanley approved said Ordinance, declared said Ordinance fully adopted assigned the number 560 and ordered that said Ordinance be added to the City Code book.
A resolution entitled “Approving a Professional Services Agreement with Howard R. Green for Division Street Path” No 05222023B was presented. After some discussion it was moved by Member Lenker seconded by Member Marolf that the resolution authorizing the Division Street service agreement be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
Thereupon Mayor Stanley declared said Resolution No 05222023B duly adopted.
INFORMAL MEETING
An update on the community center was presented. With our most recent heavy rains a leak was found. A contractor looked at the windows and found they were sound. The issue is with the roof. We are waiting on a contractor to get a quote to repair the leaks. A proposal for a new curtain was also presented. This curtain will be 3 parts and complete the look of the stage. After some discussion a motion was made by Member Voss and seconded by Member Marolf to approve the purchase of a curtain. The vote recorded as follows: Ayes: All Nays: None Motion Carried
MAYOR REPORT
Mayor Stanley reported that he is pleased with how well the parks look this spring. The new mower has been a very nice addition. He also noted that yards in town must be kept under 8”. Mayor Stanley wanted to extend a congratulations to all area graduating Seniors and wish them well with their future plans.
COUNCIL REPORTS
Member Voss noted that this week is EMS week. Thank you to our dedicated volunteers for serving our community.
Member Owens stated that there are several areas in town that have items in the city right of way obstructing the view for traffic. Please be mindful of the right of way and keep a clear view.
Member Budding has noticed a lot of homeowners are blowing grass into the street. This is harmful for drivers as well as our storm water system. Citations will be issued for grass blown into the street.
BILLS
The Financial Statements were accepted and placed on file. It was moved by Member Lenker seconded by Member Owens that the total disbursements of $770,889.72 approved by the Finance Committee, be allowed and instruct the City Clerk to pay the same. The vote recorded as follows: Ayes: All Nays: None Motion Carried
No further business, this meeting was adjourned.
Attest:
_________________________
Mayor Keith Stanley
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City Clerk Lizabeth Maurer