Regular Council Meeting
November 15, 2021 – 6:00 P.M.
Community Media Center
Mayor Brian Wolken called the meeting to order. Council present were: Dave Goedken, Brenda Hanken, Candy Langerman, Chris Lux, Scott Brighton and Tom Yeoman. Also present were City Administrator Russell Farnum, City Clerk Sally Hinrichsen, Library Director Michelle Turnis, Police Chief Britt Smith, and Park & Rec Director Jacob Oswald. Public Works Director joined the meeting on Facebook Live. The public was invited to attend the meeting in person, with limited seating or to participate in the meeting electronically via “Zoom Meetings” and were encouraged to communicate from Zoom Meeting via chat, due to the heightened public health risks of the Coronavirus Pandemic (COVID-19). The meeting did have public attendance, both in-person and via Zoom.
Yeoman moved to approve the agenda, Lux seconded, roll call unanimous.
Gary Feldmann, 713 West First Street questioned if Public Works would be extending the leaf pickup. Wolken stated this week for sure and could extend longer depending on the weather, as they need time to get truck ready to plow snow. Notice will be posted on Facebook.
Brighton moved the consent agenda, Hanken seconded, roll call unanimous.
Mayor Wolken opened the public hearing regarding the proposed re-districting wards for the City. Hinrichsen received no oral comments. County Auditor Whitney Hein sent a written comment stating she reviewed the proposed maps and felt option 5 was a good choice. Hinrichsen recommended the option 5 map, as the wards are only one off from the State’s recommended target population. Mayor closed the Public Hearing regarding the proposed re-districting wards for the City. Hanken moved to approve Resolution 2021-125 to approve the redistricting map following the 2020 census, Langerman seconded, roll call unanimous. Map approved was option 5.
Yeoman introduced and moved Ordinance #751 amending the Code of Ordinances of the City of Monticello, Iowa, by amending provisions pertaining to Ward and Precinct Boundaries, first reading in title only. Langerman seconded, roll call unanimous. Yeoman 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 #751 amending provisions pertaining to Ward and Precinct Boundaries, be regarded as having been considered and voted on at two prior council meetings. Goedken seconded, roll call unanimous. Yeoman moved Ordinance #751 amending the Code of Ordinances of the City of Monticello, Iowa, by amending provisions pertaining to Ward and Precinct Boundaries, third and final reading in title only. Goedken seconded, roll call unanimous.
Langerman moved to approve Resolution 2021-126 Approving FY 2020-2021 Annual Financial Report, Goedken seconded, roll call unanimous.
Lux moved to approve Resolution 2021-127 Approving Richard and Kristen Myers Tax Abatement Application related to Residential Improvements constructed at 303 Grandview Avenue, Monticello, Iowa. Langerman seconded, roll call unanimous.
Hinrichsen stated this was property given to the City from Welter Storage, that they used as a parking lot next to the disc golf course. Hanken moved to approve Resolution 2021-128 to request Abatement of accrued Property Taxes on property owned by the City of Monticello for public purposes within the city limits of the City of Monticello. Brighton seconded, roll call unanimous.
Farnum stated the next several resolutions are related to the annual appropriations as stated in their development agreements. Goedken moved to approve Resolution 2021-129 Appropriating funds necessary to meet the City’s Obligation to Innovative Ag. Services under the Development Agreement dated February 15, 2010, Lux seconded, roll call unanimous.
Farnum reported Royal Flush continues to work with the City to come into compliance and are currently hauling their waste off-site. Per agreement, City is obligated to pay as long as they are in business. Goedken moved to approve Resolution 2021-130 Appropriating funds necessary to meet the City’s Obligation to Mike Beck and Ken McDermott, known as Royal Flush Truck Wash, Inc per Development Agreement, dated March 17, 2014, and as amended, dated June 3, 2019, Langerman seconded, roll call unanimous.
Goedken moved to approve Resolution 2021-131 Appropriating funds necessary to meet the City’s Obligation to Mercy Care Management, Inc per Development Agreement, dated July 7, 2019, Langerman seconded, roll call unanimous.
Yeoman moved to approve Resolution 2021-132 Appropriating funds necessary to meet the City’s Obligation to Cobblestone Inn & Suites (formerly known as Boulders Inn Monticello) under the Development Agreement dated October 5, 2015; as amended November 20, 2017, Goedken seconded. Roll call was unanimous except Yeoman who abstained as he is a shareholder.
Langerman moved to approve Resolution 2021-133 Appropriating funds necessary to meet the City’s Obligation to Kardes Inc. per Development Agreement dated March 17, 2014, Hanken seconded, roll call unanimous.
Goedken moved to approve Resolution 2021-134 Appropriating funds necessary to meet the City’s Obligation to MC Industries under the Development Agreement dated August 2, 2010, Lux seconded, roll call unanimous.
Langerman moved to approve Resolution 2021-135 Appropriating funds necessary to meet the City’s Obligation to Lauren Welter, successor owner of 218 West First Street, Suite “A” per Development Agreement dated October 2, 2017, Goedken seconded, roll call unanimous.
Yeoman moved to approve Resolution 2021-136 Appropriating funds necessary to meet the City’s Obligation to Paige Jacobs, LLC, successor owner of 218 West First Street, Suite “B” per Development Agreement dated October 2, 2017, Hanken seconded, roll call unanimous.
Goedken moved to approve Resolution 2021-137 Appropriating funds necessary to meet the City’s Obligation to Njs LLC, successor owner of 218 West First Street, Suite “C” per Development Agreement dated October 2, 2017, Langerman seconded, roll call unanimous.
Yeoman moved to approve Resolution 2021-138 Appropriating funds necessary to meet the City’s Obligation to Orbis Manufacturing, a subsidiary of Menasha Corporation per Development Agreement dated April 3, 2017, as amended by Resolution #19-27, dated April 15, 2019, Langerman seconded, roll call unanimous.
Langerman moved to approve Resolution 2021-139 Appropriating funds necessary to meet the City’s Obligation to BR3 Development LLC per Development Agreement, dated March 1, 2021, Goedken seconded, roll call unanimous.
Langerman moved to approved Resolution 2021-140 Approving FY 2023 TIF Certification, Brighton seconded, roll call unanimous.
Langerman moved to approve Resolution 2021-141Approving FY 2020-2021 Annual Urban Renewal Report, Goedken seconded, roll call unanimous.
Langerman moved to approve Resolution 2021-142 Approving Purchase / Lease of “2015 Case IH Magnum 180 tractor” from Scherrman’s Implement Monticello, Goedken seconded. Hinrichsen inquired if they were purchasing outright or leasing a portion? Langerman moved to amend her motion to make a down payment of $65,000 and to do a payment installment lease for the remainder over 5 years, Goedken seconded, roll call unanimous. On the amended motion, to approve Resolution 2021-142 Approving Purchase / Lease of “2015 Case IH Magnum 180 tractor” from Scherrman’s Implement Monticello; with a down payment of $65,000 and to do a payment installment lease for the remainder, over 5 years, roll call vote was unanimous
Brighton moved to approved Resolution 2021-143 Preliminarily approving proposed Development Agreement between the City of Monticello and Oak Street Manufacturing and scheduling a Public Hearing on the proposed agreement, Langerman seconded, roll call unanimous. Public Hearing will be held on January 3, 2022.
Yeoman moved to approve Resolution 2021-144 Preliminarily approving Proposed Amendment to Monticello Urban Renewal Plan to include Oak Street Manufacturing Project, and to schedule a Public Hearing on the proposed Urban Renewal Plan amendment for the 3rd day of January 2022 at 6:00 p.m., Goedken seconded, roll call unanimous.
Farnum stated the agreement with Matt Kumley is nearly identical to the proposed agreement with Creative Concepts who withdrew their proposal on October 4, 2021. Langerman moved to approved Resolution 2021-145 To Approve Development Agreement between City of Monticello and Matt Kumley dba Glass Tap, LLC, Hanken seconded. Audrey Savage, 717 West First Street asked for clarification on an abstention vote, if that counted as a “no” vote. She stated Yeoman has no financial interest in the Compadres building project; thus, should not be abstaining from voting on the Compadres building issue. Wolken stated we can’t compel the Council member to vote, they only needed four affirmative votes for the resolution to pass. Yeoman clarified for the record the facts of the process related to the Compadres building and the reason behind his abstention. Yeoman read a prepared statement, and stated “I want the record to reflect the facts of the case”. He further explained the City advertised for RFPs and received none. After an extension to that deadline, Kumley and Creative Concepts submitted RFPs and Council after reviewing them voted accordingly. Yeoman stated the reason he submitted his RFP anonymously was to keep the council from feeling obligated to vote in favor of or negatively against his proposal due to his involvement. “The goal was to get the property back on the tax rolls quickly and inexpensively as possible”, he said, a sentiment Yeoman also shared with Matt Kumley. Yeoman stated the two were getting along “swimmingly” on the project until he said Audrey Savage got involved. “The person behind this is Audrey Savage”, Yeoman read. “She enlisted two shills, Dave Schoon and Tom Osborne. They both railed about an LLC that never existed”. “Everything was done in public view,” continued Yeoman. “This fiasco by those three is nothing short of character assassination of the city council, the city administrator and the mayor”. Roll call unanimous except Yeoman who abstained, as he wants no blame for its failure and no credit for its success. Carried.
Hanken moved to approve Ordinance #750 amending the Code of Ordinances of the City of Monticello, Iowa, by Adding New Subsections to Chapter 69, Parking Regulations, Section 08, No Parking Zones; on portions of South Gill Street, North Maple Street, East South Street and South Elm Street, second reading in title only. Brighton seconded.
Smith advised that East South Street should read the “North” side of Cedar Street to Main Street, instead of the “South”. Goedken moved to change the wording to read “East South Street on the North side of Cedar Street to Main Street” on the proposed Ordinance, Hanken seconded, roll call unanimous. The roll call was unanimous, on the motion to approve Ordinance #750 amending the Code of Ordinances of the City of Monticello, Iowa, by Adding New Subsections to Chapter 69, Parking Regulations, Section 08, No Parking Zones; on portions of South Gill Street, North Maple Street, East South Street and South Elm Street, second reading in title only.
Hinrichsen reported the water deposit is currently $50, and the average monthly bill is approximately $90. The water bills are for the previous month’s usage and by the time water is shut-off, they would have 2½ months of utility usage. After discussion, Council consensus was to increase the deposit to $150.00 starting January 1, 2022. Brighton introduced and moved Ordinance #752 amending the Code of Ordinances of the City of
Monticello, Iowa, by amending Chapter 90, Section 07 pertaining to Deposit, first reading in title only. Goedken seconded. Roll call unanimous.
Farnum reviewed the proposed changes to the house movers code. The proposed changes would protect the City and citizens of Monticello. Goedken introduced and moved Ordinance #753 amending the Code of Ordinances of the City of Monticello, Iowa, by amending provisions pertaining to House Movers, first reading in title only. Brighton seconded. Roll call unanimous.
Hinrichsen stated the proposal to change the makeup of the Library Board was approved by the voters on the November 2021 ballot and recommended approving all three readings. Langerman introduced and moved Ordinance #754 amending the Code of Ordinances of the City of Monticello, Iowa, by amending provisions pertaining to Library Board of Trustees, first reading in title only. Hanken seconded, roll call unanimous. Goedken 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 and with respect to Ordinance #754 amending the Code of Ordinances of the City of Monticello, Iowa, by amending provisions pertaining to Library Board of Trustees, be regarded as having been considered and voted on at two prior council meetings. Brighton seconded, roll call unanimous. Yeoman moved Ordinance #754 amending the Code of Ordinances of the City of Monticello, Iowa, by amending provisions pertaining to Library Board of Trustees, third and final reading in title only. Goedken seconded, roll call unanimous.
Wolken requested to set up a compensation committee to review the job description for the non-bargaining staff to make a recommendation to the Council. Brenda Hanken, Scott Brighton and Chris Lux offered to serve on the committee.
Farnum has 5 plats for P & Z to review at their next meeting, which will be on the next Council meeting for approval.
Farnum stated the 7th Street Project bids are due this Thursday.
Farnum received the floor plans for the Glass Tap expansion related to the Compadres building and they are ready to get started.
Farnum reported the attorney is reviewing the employee handbook.
Farnum advised the 6th Street Ditch is on hold, as staff continues to look at options to fund the project. If City want to use the SRF funds, we need to wait until the wastewater plant project is underway.
Farnum received unexpected news that IEDA will not be accepting Water / Sewer CDBG applications for the January 1, 2022, round and the April round is unclear, as they have experienced a significant increase in the number of CDBG water/ sewer applications.
Farnum and engineers are working with Horsfield to resolve the North Sycamore issues.
Farnum stated Airport Board decided to extend the farm lease one more year due to an issue with the termination notice delivery.
Farnum reported the Main Street Iowa applications are due in July. Last year, Monticello finished third and they only accept two towns each year.
Smith updated Council on the nuisance behind Darrells, stating they got into compliance for only a short time. He sent notice to the landlord.
Smith reported they had a groundbreaking for the all-inclusive playground near the aquatic center.
Smith reported a homeowner attempting to remove a pine tree on South Sycamore, put the neighbor’s house in jeopardy and they had to evacuate the home until tree was down. In the process, they damaged city trees in the right of way. Oswald is checking with Tree Board if tree could be trimmed or how the damage should be handled.
Oswald reported that the Fair Board requested permission to place an overhead wire underground at their expense.
Turnis gave an update on activities at the Library.
Mayor Wolken adjourned the meeting at 7:25 pm.
Brian Wolken, Mayor
Sally Hinrichsen, City Clerk