Regular Council Meeting – Official
May 6, 2019 – 6:00 P.M.
Community Media Center
Mayor Brian Wolken called the meeting to order. Council present: Dave Goedken, Brenda Hanken, Rob Paulson, Candy Langerman and Chris Lux. Also present were City Administrator Doug Herman, City Clerk Sally Hinrichsen, Public Works Director Nick Kahler, Police Chief Britt Smith and City Engineer Patrick Schwickerath. Council Member Tom Yeoman was absent.
Lux moved to approve the agenda, with the correction on item #7, correcting the reference to Meade Farm Lane to Spring Farm Lane, Paulson seconded, roll call unanimous.
Monticello Chamber Of Commerce Director Jan Hoag requested that the Mayor proclaim the week of May 5 through May 11, 2019 as National Small Business Week. Mayor Wolken read out loud and signed the Proclamation.
During Open Forum, Herman explained that Devin Fagan, 811 Southaven Dr. has submitted a building permit application to install a fence and that her property abuts Monticello Nursing Home Property. Herman reported that neighboring property owners are required to sign Building Permit Applications acknowledging their agreement with the location of the property boundaries. If a neighbor hasn’t signed within 14 days of their signature being requested the Council may consider the approval of the permit. Fagan explained that the Nursing Home has not signed the Application after having it for eight weeks. Herman suggested that Fagan place flags where she believes her property line is located and Herman will ask the Nursing Home to inspect the flags to determine whether or not they agree with her determination.
Lux moved to approve the consent agenda, Langerman seconded, roll call unanimous.
Library Director Michelle Turnis reviewed the Library’s fiscal year 2019 revenue and expenses to date. Lux moved to authorize the transfer of the remaining budget appropriation of $2,500 to the Monticello Public Library for fiscal year 2019, Hanken seconded, roll call unanimous.
Mayor Wolken opened the public hearing on proposed budget amendments for fiscal year 2019. No public comments were received, and staff reported no oral or written comments were received. Herman reviewed the proposed amendments. Hanken questioned the use of FACC funds towards the fountain and questioned in the pool would need equipment in the future. Herman explained that the FACC funds have been approved by the Council for the Fountain restoration project. He also indicated that the aquatic center will always have equipment needs. Mayor Wolken closed the public hearing. Goedken moved to approve Resolution #19-57 Amending the Current Budget for Fiscal Year ending June 30, 2019, Lux seconded, roll call unanimous except Hanken who voted nay.
Herman explained that the City is obligated under the Iowa Code to collect yard waste or to provide a location for residents to take it. Herman indicated that the Jones County P & Z Board recommended to the Board of Supervisors that the parcel intended to be purchased by the City for a yard waste compost site be re-zoned to Public Use subject to certain conditions that were set out in a Conditional Rezoning Agreement that Herman reviewed with the Council. The Board of Supervisors will hold a Public Hearing on May 14th at 9:15 a.m. to consider the P & Z recommendation to rezone the property. Herman explained that the Iowa DNR had approved the City’s plans for yard waste and composting at the proposed site. Hanken questioned if the City already purchased the property. Herman stated the Council approved the purchase pending rezoning approval. Goedken moved to approve Resolution #19-58 Approving Conditional Rezoning Agreement related to proposed Yard Waste / Compost site, Lux seconded, roll call unanimous.
Herman reported that he forwarded a letter he received from Bob Shimanek to the City Council wherein Shimanek requested to be exempt from City Property taxes on his home and eighteen adjacent acres. Herman explained that he was not aware of any legal basis or authority to “waive” property taxes as requested. Herman also contacted Attorney Patrick O’Connell, Lynch, Dallas, P.C. for a legal opinion on Shimanek’s request which he delivered to the Council. Herman explained that O’Connell’s opinion was consistent with his and that the only legal means of relieving Shimanek of City tax liability would be to sever his property from the City. Herman reported key facts, such as: water, sewer and garbage are all readily available to Shimanek’s home if they chose to utilize them (Noting these services are paid by fees and not property taxes); when Shimaneks leave their driveway they are on a City Street that is maintained by the City; and that Monticello Police, Fire and Ambulance serve this property. Bob Shimanek, 22010 Meade Farm Ln, stated that they are on the edge of the City limits and do not receive water, sewer, garbage or other benefits provided to residents. Herman again explained that water and sewer mains are located on Valley Drive and may be connected to Shimanek’s home at his choosing and that Herman offered sanitation collection services to Shimanek which he declined. Herman also explained that property taxes are not used to cover the cost of water, sewer, or garbage, that those services are covered by fees; fees that Shimanek is not paying. Hanken moved to approve Resolution #19-59 Approving Bob Shimanek request for waiver of Property Taxes on City owed property, seconded by Paulson. Roll call vote, Hanken and Paulson voted aye and Goedken, Langerman and Lux voted nay. Motion failed.
Lux moved to approve Resolution #19-60 Approving Tyler and Jayme Freye Tax Abatement Application related to Residential Improvements constructed at 960 Valley Drive, Monticello, Iowa, Goedken seconded, roll call unanimous except Hanken who voted nay.
Herman reported receiving a request from Mitch Monk to re-zone a lot on Spring Farm Lane from R-1 to R-3 to allow for the construction of a two unit Condominium. P & Z reviewed and recommended that the property be re-zoned to R-3 for the specific purpose of building a two unit condominium. Goedken moved to approve Resolution #19-61 Scheduling Public Hearing on the proposed Re-Zoning of property located on Spring Farm Lane, known as Parcel 227426003, from R-1 Single Family Residential to R-3 Condominium Development for June 3, 2019 at 6:00 p.m., Langerman seconded, roll call unanimous.
Herman reported that P & Z reviewed and recommended approval of the Plat of Survey to Parcels 2019-32 and 2019-33. Goedken moved to approve Resolution #19-62 Approving Plat of Survey to Parcels 2019-32 and 2019-33, Lux seconded, roll call unanimous.
Herman reviewed the proposed Development Agreement with Mike Beck and his partners related to the Truck Wash project. Beck was included in the Development Agreement when Kardes 151 was built and had a set timeline to develop the lot. However due to changes in TIF laws and a desire for additional terms including a Sanitary Sewer Composite Sampler Grant Payment and water and sewer rates the City needs to go through a process to modify the original agreement and to update the Urban Renewal Plan. Herman explained to the Council that he needed to investigate further whether or not the City could offer the developer reduced rates for water and sewer. Lux moved to approve Resolution 19-63 to preliminarily approve Development Agreement, as Amended, between City of Monticello and Mike Beck and scheduling a Public Hearing on the proposed agreement, Goedken seconded. Roll call unanimous.
Langerman moved to approve Resolution #19-64 Scheduling Public Hearing on proposed amendments to the Monticello Urban Renewal Plan for June 3, 2019 at 6:00 p.m., Lux seconded, roll call unanimous.
Goedken moved to approve Resolution #19-65 to Approve Pay Request #2 from Eastern Iowa Excavating & Concrete related to Willow Park Trail Project in the amount of 9,094.50, Lux seconded, roll call unanimous.
Goedken moved to approve Resolution #19-66 Approving Pay Request #1 from Horsfield Construction, Inc related to North Sycamore Street Reconstruction Project in the amount of $171,546.91, Langerman seconded, roll call unanimous. Approval was recommended by City Engineer.
Herman reviewed Change Order #1 from Horsfield Construction related to North Sycamore Street Reconstruction Project tied to the decision to only install six period light fixtures and was recommended for approval by the City Engineer. Goedken moved to approve Resolution #19-67 Approving Change Order #1 in the amount of $47,530.00 submitted by Horsfield Construction, Inc related to North Sycamore Street Reconstruction Project, Langerman seconded, roll call unanimous.
Herman reported that due to limited ROW near the intersection of 4th Street for other required infrastructure that the existing Alliant pole with streetlight needed to be relocated. Alliant can move the pole and light to the West at no cost to the City, however the light would shine down on the south side of 4th Street and not on the intersection of 4th and Sycamore Streets. Another option is to move the fixture to the NE corner of that intersection and underground the wires in a northerly direction to other remaining Alliant poles at a cost of $6,262.00. The third option is to install a 7th period fixture at that intersection as originally planned at a cost of $3,370. Goedken moved to table the proposed Resolution until it was clear how far the Alliant pole and light would need to be moved from the intersection, Lux seconded, roll call unanimous.
Goedken moved to approve Resolution #19-68 authorizing and approving a certain Loan Agreement, providing for the issuance of $2,500,000 General Obligation Corporate Purpose Bonds, Series 2019, and providing for the levy of taxes to pay the same, Langerman seconded, roll call unanimous.
Goedken moved to approve Resolution #19-69 consenting to assignment of Trustee Agent Agreements; Escrow Agent Agreements; and/or Paying Agent and Registrar and Transfer Agent Agreements, Lux seconded, roll call unanimous.
Herman and Jones County Economic Development Director Derek Lumsden reviewed the Main Street Iowa program; steps and plans to move forward and proposed area for the Main Street program. The program requires that a Main Street Director be hired for at least 25 hours per week. Goedken moved to approve Resolution 19-70 authorizing participation in the Main Street Iowa program, acknowledging City understanding that it will be expected to participate in the development of the program and to financially support the program, and that a City official will be appointed to represent the City on the local Main Street governing board of directors, Lux seconded, roll call unanimous.
Herman reviewed two sealcoating bids associated with Diamond Drive and Schoon Addition. Council discussed possibly doing a cost share project with the property owners who requested curb and gutter to prevent water running downhill through their property. Herman will contact two property owners to gauge interest. Sealcoating work should commence relatively soon. Goedken moved to approve Resolution #19-71 Approving contracting with LL Pelling Co to complete sealcoating project on Diamond Drive and Schoon Addition, Langerman seconded, roll call unanimous.
Herman stated the new floor installed by Anderson Ladd in the Berndes Center was not initially installed to specification. The City agreed on corrective measures that were taken and the floor is performing well. Goedken moved to approve Resolution #19-72 to approve final payment to Anderson Ladd, Inc. related to Berndes Center floor project, Lux seconded, roll call unanimous.
Herman reported Maryville Family Partnership would like to assign their Development Agreement with the City related to the former John McDonald Hospital to a new property owner. Herman explained that the new owner would be subject to all the terms and conditions of the agreement to remain eligible for incentives. Goedken moved to approve Resolution #19-73 to approve assignment of Development Agreement between City of Monticello and Maryville Family Partnership to new property owner (John McDonald Building), Langerman seconded, roll call unanimous.
Herman reported that Park and Recreation Director Jacob Oswald and Assistant Director Shannon Poe were of the opinion that they could mow some additional City property in addition to the John Baty Disc Golf Course such as Northridge retention area and Jacob’s Park. Herman explained that the contract between the City and Steve Monk Construction provides that they will mow Jacob’s Park and in Herman’s opinion more notice would need to be given to Monks to change the contract language. Goedken had concerns with the City taking over more mowing. Herman questioned whether it made sense for the Park and Rec. Department to do additional mowing and whether the City would benefit from purchasing a new mower. Kahler reported that the Cemetery mower was currently 4 years old and that the sewer plant has the old Cemetery mower. Herman also indicated that he was exploring the utilization of inmates from the Anamosa Reformatory to help with trimming and mowing at the Cemetery. Lux moved to table resolution to purchase a mower for the Cemetery and Park & Rec departments, Goedken seconded, roll call unanimous.
Schwickerath updated the Council on the N. Sycamore Street Reconstruction Project.
Herman reviewed potential assessments for the balance of the 7th Street property owners between N Cedar and N Maple Streets if the Council decided to add the balance of 7th Street to the N. Sycamore Street Reconstruction Project. Herman will contact affected property owners to gauge their interest.
Herman verified with the City Council that they were okay with the temporary use of City ROW for Garden Center signage.
Herman explained that the Council approved the Orbis development agreement amendment at the last meeting and that it included two payment options, one being a single payment in the amount of $53,000 if paid this year or four grant payments totaling $79,342 over four years. Consensus of the Council was to move forward with the one-time payment if acceptable with Orbis.
Herman explained that the structural engineer hired by the City to inspect the Compadres building recommended demolition. While the building could be saved the engineer expressed the opinion that the cost of saving may exceed the cost of demolition and new construction. Herman will look into potential grant funding and will speak with adjacent property owners to gauge any interest on their part in the property.
The Council agreed to hold a 6th Street Ditch work session following one of the next two Council meetings.
Herman reported the Code Book review is almost complete and hopes to have recommendations to the Council during a June Council meeting.
Herman reported that Elliott Equipment has expressed interest in purchasing one or both of the City garbage trucks. A decision on the sale of one or both of the trucks can be made after final decisions on the yard waste compost site and yard waste collection.
Herman indicated that he would contact Josh Iben to see when Fountain Park restoration will commence. The plan is to have the Fountain operational by July 1st.
Herman had committee meeting with Hometown Pride and reported that they were excited about the Iowa Main Street program. He also reported that the Monti in Motion car show is scheduled for June 8th.
Herman reported that Lloyd Welter is looking for property on which to build more condominiums similar to those he has already built. In looking around the community Herman identified a parcel of City owned property near Riverside Gardens that has little to no city use that could maybe be made available for sale. If interested in selling the property, the City would need to hold a public hearing and take bids.
Lux inquired on behalf of the 4th of July Parade Committee whether the Mayor or Council would ride in this year’s parade. They need to know soon, so that signage can be made.
Lux moved to adjourn at 8:32 P.M.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk