Regular Council Meeting
August 7, 2023 – 6:00 P.M.
Community Media Center
Mayor David Goedken called the meeting to order. Council present were: Candy Langerman, Chris Lux, Wayne Peach, Scott Brighton, Tom Yeoman and Brenda Hanken. Also present were City Administrator Russell Farnum, City Clerk Sally Hinrichsen, Water /Wastewater Superintendent Jim Tjaden, Library Director Faith Brehm, Park and Rec Director Jacob Oswald, Police Chief Britt Smith and Public Works Director Nick Kahler. The public was invited to attend the meeting in person, or to participate in the meeting electronically via “Zoom Meetings” or “Facebook” and were encouraged to communicate from the chat or message.
Yeoman moved to approve the agenda, adding Whiskey River Pub & Grub temporary outdoor service alcohol license to the consent agenda and removing Up in Smoke cigarette permit from the consent agenda and to be considered following the presentation. Langerman seconded, roll call was unanimous.
Langerman moved to approve the consent agenda, adding Whiskey River Pub & Grub temporary outdoor service alcohol license and removing Up in Smoke cigarette permit, Lux seconded, roll call was unanimous.
Jones County Area Substance Abuse Council Project Coordinator Jennifer Husmann gave a presentation on tobacco and vape shops and products they are selling. She offered to help draft an ordinance setting zoning restrictions for this type of shops. Council briefly discussed forming a committee to look into this further. No action was taken.
Farnum advised he talked with City Attorney regarding the cigarette application. The licensee applied for the license, which was processed under our existing City Code. City is obligated to issue the permit, being they met all the obligations. Farnum advised he could work with Jennifer Husmann on an ordinance, with direction from Council. The tobacco store will be located at 211 East First Street. Langerman moved to approved Up in Smoke LLC cigarette permit, Brighton seconded Roll call was all ayes, except Hanken who voted nay.
Mayor Goedken opened the public hearing on the proposed Development Agreement between the City of Monticello and Theisen Real Estate LLC. Staff received no written comments. Quinn Phelan, 1040 Riverview Court stated he is delighted that Theisen Store is coming to town and the School Board made the right decision to sell the property to Theisen. He stated it was his understanding that when the school bond issue was approved, that there was some amount of dollars set aside and earmarked in that bond to tear down the school building. He questioned whatever happened to that and if it is not going to be used to tear down the school, which he felt was not going to happen. When and how are these funds going to be returned to the taxpayers of Monticello? Council advised that would be a question for the School Board. Goedken advised that this was brought up at the School Board meeting and was taken into consideration. Phelan stated so no one is going to tell me tonight how much that was and where it is? Monticello School Superintendent Dr Brian Jaeger advised funds were allocated with part of the project, along with the softball diamond, remodeling the high school and building the new middle school. At this point there are funds in an account and the school board will have to decide how the money gets reallocated. It could go back into our physical plant and equipment levy (PPEL)account, where they use that instead of other dollars that are taxed to purchase, school buses and other things for the district. Another option, they could reallocate the funds to pay down the bonds. The School Board will need to make that decision. They have been waiting on these funds, to get resolution on the building before deciding on how to proceed. Jaeger estimated the amount in the construction fund to be around $750,000. Mayor closed the public hearing on the proposed Development Agreement between the City of Monticello and Theisen Real Estate LLC. Farnum stated he handed out a revised Development Agreement between the City of Monticello and Theisen Real Estate LLC. The two attorneys are still working to finalize the agreement, the biggest change in the agreement is the clarification of “stormwater sewer” paragraph that states, Theisen is only obligated to provide additional on-site stormwater retention and handling for the incremental volume created by the construction. Yeoman moved to approve Resolution #2023-107 approving Development Agreement between City of Monticello and Theisen Real Estate LLC, pending attorney final approval, Hanken seconded. Roll call was unanimous.
Mayor Goedken opened the public hearing on designation of Amended Monticello Urban Renewal Plan, to include Development Agreement and Economic Incentives toTheisen Real Estate LLC. Staff received no written comments. Being there were no comments, Mayor closed the public hearing on designation of Amended Monticello Urban Renewal Plan, to include Development Agreement and Economic Incentives toTheisen Real Estate LLC. Langerman moved to approve Resolution #2023-108 approving Amendments to Monticello Urban Renewal Plan to include Development Agreement and Economic Incentives toTheisen Real Estate LLC, Lux seconded. Roll call was unanimous.
Mayor Goedken opened the public hearing on the proposed Re-Zoning of property located at 217 South Maple Street from “School Owned” to C-1 General Commercial. Staff received no written comments. Being there were no comments, Mayor closed the public hearing on the proposed Re-Zoning of property located at 217 South Maple Street from “School Owned” to C-1 General Commercial. Yeoman introduced and moved Ordinance #767 amending the Monticello Code of Ordinances, by amending Chapter 165 “ZONING REGULATIONS” and amending the Official Zoning Map for 217 South Maple Street, first reading in title only. Langerman seconded, roll call unanimous. Hanken moved that the statutory rule requiring said ordinance be considered and voted on for passage at two prior Council meetings prior to the meeting at which it is to be finally passed be suspended with respect to Ordinance #767 amending Chapter 165 “ZONING REGULATIONS” and amending the Official Zoning Map for 217 South Maple Street, be regarded as having been considered and voted on at two prior council meetings. Brighton seconded, roll call unanimous. Yeoman moved Ordinance #767 amending the Code of Ordinances of the City of Monticello, Iowa, by amending Chapter 165 “ZONING REGULATIONS” and amending the Official Zoning Map for 217 South Maple Street, third and final reading in title only. Hanken seconded, roll call unanimous.
Mayor Goedken opened the public hearing on proposed Development Agreement between the City of Monticello and BR5 LLC Project. Staff received no written comments. Farnum advised BR5 LLC is planning to build a 12-unit housing project, east of Dollar Fresh, along East First Street. This project needs to be added to our Urban Revitalization Ordinance and will be setting a public hearing for later tonight. The changes to State regulations related to TIF makes it almost impossible to use TIF for residential projects. Being there were no comments, Mayor closed the public hearing on proposed Development Agreement between the City of Monticello and BR5 LLC Project. No action was taken on the Development Agreement.
Mayor Goedken opened the public hearing on the proposed Re-Zoning of property described as Lot 2 of BR3 Subdivision from C-1 General Commercial to R-3 Multiple Family Residential. Staff received no written comments. Being there were no comments, Mayor closed the public hearing on the proposed Re-Zoning of property described as Lot 2 of BR3 Subdivision from C-1 General Commercial to R-3 Multiple Family Residential. Hanken introduced and moved Ordinance #768 amending the Monticello Code of Ordinances, by amending Chapter 165 “ZONING REGULATIONS” and amending the Official Zoning Map for property located at 605 East First Street and described as Lot 2 of BR3 Subdivision, and legally described as: Lot 2 of BR3 Subdivision, a subdivision consisting of Lots 41, 43, 45, 47, 48, 49, 50, 51, Pare of Vacated Second Street, Part of Vacated Locust Street, Vacated Alley between Lots 43 & 45 in the Original Town of Monticello, Lot 150 and part of Lot 149 of Irregular Plat of Monticello, Lot 1 of Energy Company Place, and Part of First Street in Sections 22 & 27, T86N, R3W of the Fifth P.M., in the City of Monticello, County of Jones, State of Iowa, first reading in title only. Brighton seconded, roll call unanimous. Langerman moved that the statutory rule requiring said ordinance be considered and voted on for passage at two prior Council meetings prior to the meeting at which it is to be finally passed be suspended with respect to Ordinance #768 amending Chapter 165 “ZONING REGULATIONS” and amending the Official Zoning Map for property located at 605 East First Street and described as Lot 2 of BR3 Subdivision, and legally described as: Lot 2 of BR3 Subdivision, a subdivision consisting of Lots 41, 43, 45, 47, 48, 49, 50, 51, Pare of Vacated Second Street, Part of Vacated Locust Street, Vacated Alley between Lots 43 & 45 in the Original Town of Monticello, Lot 150 and part of Lot 149 of Irregular Plat of Monticello, Lot 1 of Energy Company Place, and Part of First Street in Sections 22 & 27, T86N, R3W of the Fifth P.M., in the City of Monticello, County of Jones, State of Iowa, be regarded as having been considered and voted on at two prior council meetings. Peach seconded, roll call unanimous. Peach moved Ordinance #768 amending the Code of Ordinances of the City of Monticello, Iowa, by amending Chapter 165 “ZONING REGULATIONS” and amending the Official Zoning Map for property located at 605 East First Street and described as Lot 2 of BR3 Subdivision, and legally described as: Lot 2 of BR3 Subdivision, a subdivision consisting of Lots 41, 43, 45, 47, 48, 49, 50, 51, Pare of Vacated Second Street, Part of Vacated Locust Street, Vacated Alley between Lots 43 & 45 in the Original Town of Monticello, Lot 150 and part of Lot 149 of Irregular Plat of Monticello, Lot 1 of Energy Company Place, and Part of First Street in Sections 22 & 27, T86N, R3W of the Fifth P.M., in the City of Monticello, County of Jones, State of Iowa, third and final reading in title only. Hanken seconded, roll call unanimous.
Yeoman moved to approve Resolution #2023-109 Approving Pay Request #3 related to the Monticello Airport Taxiway Connector project, to Boomerang in the amount of $184,974.50. Peach seconded, roll call unanimous.
Farnum and Ambulance Director Lori Lynch interviewed for a full time AEMT and they hired Jayna Koffron to fill the position. Farnum stated they are still looking for two full time paramedics. Langerman moved to approve Resolution #2023-110 to approve the hiring of a Monticello Ambulance Full-Time A-EMT and setting wage, Hanken seconded, roll call unanimous.
Farnum reported Park Board is looking to purchase land along US Hwy 151, on the east side of the highway. This ties the regional trails to Cascade and Anamosa and also the local trail to Kitty Creek. They would like to apply for a REAP Grant to purchase the land. Brighton moved to approve Resolution #2023-111 Authorizing the City of Monticello to Pursue a REAP grant Application Land Purchase to Expand Community and Regional Trails, Langerman seconded, roll call unanimous.
Langerman moved to approve Resolution #2023-112 Declaring Necessity and Providing for Notice of Hearing on Proposed Urban Revitalization Plan for the 2023 Monticello Multiresidential Urban Revitalization Area, Peach seconded, roll call unanimous. Public Hearing will be held on August 21, 2023 at 6:00 PM.
Farnum reported the AWOS at the airport was struck by lighting in March of 2023. The insurance company underwriter concluded the system was covered, less the City’s $5,000 deductible to replace the AWOS system in July 2023. The new AWOS system will cost $131,365. Representatives from FAA and IA-DOT aviation have expressed the urgency to get the system back to functional capacity. Currently, DBT provides all of the airport regular maintenance and the City’s insurance company, thru a third-party technology specialist, has reviewed the quote and found it appropriate. Langerman moved to approve Resolution #2023-113 Approving Quote from DBT Transportation Services related to Automatic Weather Observation System (AWOS) Replacement at Monticello Regional Airport, seconded by Brighton, roll call unanimous.
City’s financial advisor, Matt Stoffel from PFM has suggested that the City obtain a “bond rating” from a rating agency. The formal rating by an agency will cost some money up-front (expected between $10,000 and $20,000), but a decent rating will reduce the amount of the interest rate on the upcoming bond issues. With the City’s strong financial position, a good rating will be expected. Investors rely heavily on the rating reports. Langerman moved to direct staff to pursue abond rating for City of Monticello, Lux seconded, roll call unanimous.
Council held a lengthy discussion on the request from Diane Flannagan for a 4-foot-high woven wire fence with a single strand towards the top of the posts, between her property and Jacobs Park. Council questioned why it was a concern for Jacobs Park but not the residential property along her property. She stated the fence would keep the kids from going into her field. Council requested that Flannagan provide a survey to show where the lot lines and pins are located. This item will be on the next Council agenda, if Flannagan can provide the survey that was recently completed or has one done. Goedken stated he will request a bid for different type of fencing. No action was taken.
Council reviewed the quote from Midwest Concrete Inc to replace the curb and gutter by Cornerstone while they are replacing the sidewalk. Hanken approved the quote from Midwest Concrete Inc to replace the curb and gutter by Cornerstone, as long as the mobilization is removed, Langerman seconded, roll call unanimous. Kahler stated he would contact them about removing the mobilization and if they don’t, he will ask for other quotes for the next meeting.
Farnum reported he has asked the City Engineer to be at the next Council meeting to give an update on the various projects they are currently working on.
City Engineer, Nick Eisenbacher is working on the sewer plant upgrade project with USDA to follow the new regulations and they are proposing to bid this winter with a spring start date. Staff will be meeting with Eisenb
Farnum advised staff has received lots of complaints regarding the fiber contractors filling in the holes with rock instead of dirt. He contacted them and was advised that the rock is only temporary and will be removed and replaced with black dirt.
Farnum stated the street lights along First Street have been out. The contractor for the State, when doing the overlay project damaged the conduit line. Once they get all the bills together, they with file a claim with the State DOT.
Goedken reported the Public Works and Parks summer help have removed many trees is the City Parks.
Goedken asked Oswald to provide details on the tournaments and give a summary.
Brehm stated the Summer Reading program wrapped up and they had 327 participates.
Hinrichsen stated she has been working with Auditors to complete the FY 2022 audit, as they are planning to start the FY 2023 audit in September. She has also been busy working on the yearend reports and completing the Setoff paperwork.
Peach moved to adjourn at 7:41 P.M.
David Goedken, Mayor
Sally Hinrichsen, City Clerk/Treasurer