April 22, 2024 – City Council Minutes

The Waukon City Council met in regular session on April 22, 2024, at 6:00 P.M. in the council room of City Hall, 101 Allamakee Street and via Zoom technology. Mayor Arvid Hatlan presided. Council members present: Kevin Johnson, Dave Blocker (via zoom due to work), John Lydon, and Steve Wiedner. Council members absent: Nick Engrav. Others present: City Manager Gary Boden; Street Superintendent Keith Burrett; Water/Sewer Superintendent Jim Cooper; Park, Rec & Wellness Director Jeremy Strub; Police Chief Paul Wagner; Finance Director Lana Snitker; Fehr Graham – Sam Ertl; Hacker Nelson – Jenny Hennessey; The Standard – Joe Moses; and citizens.

The mayor called the meeting to order. He asked to remove consent agenda item #4, resolution agreeing to transfer from the Gundersen Maintenance Fund back to the General Fund.

 

Moved by: Lydon | Seconded by: Wiedner

To approve the consent agenda with that change.

  • Approval of Agenda
  • Minutes of April 1, 2024, regular and special
  • Resolution – approving the contract and performance and payment bonds for the West Street SW Improvements Project. The Clerk assigned number 24-54 to the resolution.
  • Resolution – agreeing to the transfer of $175 from the Sewer Fund to the Water Resource Restoration Fund for a DNR permit. The clerk assigned number 24-55 to the resolution.
  • Resolution – agreeing to the transfer of $1,859.75 from the Sewer Revenue Fund to the Sewer Plant Improvement Fund for engineering costs for the Wastewater Treatment Plant project. The clerk assigned number 24-56 to the resolution.
  • Resolution – agreeing to the transfer of $110,712 from the West Street SW Improvement Fund back to the Street Improvement/LOST Fund for street project.t The winning bid for the project came in lower than the engineer’s opinion of probable cost. The clerk assigned number 24-75 to the resolution.
  • Resolution – agreeing to the transfer of $33,000 from the FYE 22/23 Street Improvement Fund to the Pladsen Stormwater Outlet Fund for storm sewer project per Capital Improvement Plan. The clerk assigned number 24-58 to the resolution.
  • Resolution – agreeing to the following transfers: from general to Library of $95,225 for operations; from LOSST to Road Use of $75,000 for chip sealing; from LOSST to Road Use of $41,453.72 for street sweeper; from Road Use to Debt Service of $41,453.72 for principal/interest on street sweeper; from employee benefits to self-insurance of $48,000 for insurance claims. The transfers will be put into place and effective July 1, 2024. The clerk assigned number 24-59 to the resolution.
  • Resolution – agreeing to the transfer of $17,000 from the TIF Fund to the Debt Service Fund to pay the (2) monthly principal grant payments of $3,000 and $2,666.67 for three months to the Allamakee/Clayton Electric Cooperative (ACED) for the Waukon Fire Station Loans. The transfers will be put into place and effective July 1, 2024. The clerk assigned number 24-60 to the resolution.
  • Resolution – agreeing to the following transfer from general to library of $95,225 for operations. The transfer will be put into place and effective October 7, 2024. The clerk assigned number 24-61 to the resolution.
  • Resolution – agreeing to the transfer of $60,907.83 from the Sewer Revenue Fund to the Sewer Revenue Bond Sinking Fund for the principal/interest payments on the Sewer Revenue Improvement and Refunding Bond, Series 2022 ($52,082.45) and Series 2023 ($5,120.17) and Series 2021 ($3,705.21). The transfers will be put into place and effective on the 1st of each month of the fiscal year 2025 for the months of July through May. The clerk assigned number 24-62 to the resolution.
  • Resolution – agreeing to the transfer of $38,467 from the TIF Fund to the Debt Service Fund for the interest payments due December 1, 2024 on the following: 2020 General Obligation Corporate Purpose and Refunding Bonds, 9th Street for $4,690; 2021 General Obligation Corporate Purpose and Refunding Bonds, wellness center for $4,713.80; 2022 General Obligation Corporate Purpose, Street projects for $29,063.20. The transfers will be put into place and effective November 18, 2024. The clerk assigned number 24-63 to the resolution.
  • Resolution agreeing to the transfer of $537,467 from the TIF Fund to the Debt Service Fund for the principal/interest due June 1, 2025, on the following: 2020 General Obligation Corporate Purpose and Refunding Bonds of $74,690; 2021 General Obligation Corporate Purpose and Refunding Bonds of $244,713.80; 2022 General Obligation Corporate Purpose Bonds of $218,063.20. The transfers will be put into place and effective May 19, 2025. The clerk assigned number 24-64 to the resolution.
  • Resolution – agreeing to the transfer of $61,116.74 from the Sewer Revenue Fund to the Sewer Revenue Bond Sinking fund for the principal/interest payments on the Sewer Revenue Improvement and Refunding Bond, Series 2022 ($52,305.03), Series 2023 ($5,154.63) and Series 2021 ($3,657.08). The transfers will be put into place and effective June 1, 2025. The clerk assigned number 24-65 to the resolution.
  • Resolution – agreeing to the transfer of $15,100 from the Street Improvement Fund to the 9 & 11 Allamakee Street Fund to reverse Resolution number 23-165. The clerk assigned number 24-66 to the resolution.
  • Resolution – agreeing to the transfer of $29,400 from the Street Improvement Fund to the 9 & 11 Allamakee Street Fund to reverse Resolution number 24-27. The clerk assigned number 24-67 to the resolution.
  • Resolution – agreeing to the transfer of $46,000 from the SE Tax Increment Fund for advancement repayments, to the Street Improvement Fund in accordance with resolution number 3809 (downtown building rehabilitation project). The clerk assigned number 24-68 to the resolution.
  • Resolution – agreeing to the transfers of $67,650 from the SE Tax Increment Fund for advancement repayments to the Water Fund in accordance with resolution number 3810. (2021 NW Public Infrastructure); $14,850 from the SE Tax Increment Fund for advancement repayments to the sewer fund in accordance with resolution number 3810 (2021 NW Public Infrastructure). The clerk assigned number 24-69 to the resolution.
  • Resolution – agreeing to the transfer of $62,500 from the SE Tax Increment Fund for advancement repayments to the Street Improvement Fund in accordance with resolution number 3808 (McMillan property expansion project). This amount is to be used for the offset of the advancement repayment for the building demolition project – 9 & 11 Allamakee Street. The clerk assigned number 24-70 to the resolution.
  • Resolution – agreeing to the transfer of $89,000 from the Capital Equipment Fund to the Street Improvement Fund to reverse resolution number 23-106. The clerk assigned number 24-71 to the resolution.
  • Resolution – setting May 20, 2024, for public hearing amending the current budget for the city of Waukon for fiscal year ending June 30, 2024. The clerk assigned number 24-72 to the resolution.
  • Approval of the high bid for the 2011 Ranger bid of $1,055 to Bill Reinhardt
  • Approval of Class B Retail Alcohol License for Kwik Trip, d/b/a Kwik Star #823, 101 Rossville Rd.
  • Approval of change order #1 for City Parking Lot and Alley Improvements Project to add 15 working days to the contract.
  • Approval of temporary easement for West Street Project – Hennessey Property
  • Approval of Library Board Term – Jim Dixon; filling a vacancy
  • Approval of City Clerk/Treasurer’s Report March 2024
  • Approval of claims

Yes: Johnson, Wiedner, Lydon, Blocker | Absent: Engrav | No: 0

The mayor declared the motion carried.

 

Under Public Comments: Gayle Decker noted he does not remember Gundersen Clinic being sold and asked if it was discussed at a council meeting. He noted there is a lease agreement with the clinic that pays the loan the city has on the property and asks if the city is still liable for the loan. Boden mentioned the city will be researching that.

 

Under Department Reports: Park, Rec and Wellness Director Strub noted this week the summer rec signups will go out and at the beginning of May they will get trees in and will then give some out to residents. Street superintendent Burrett noted Ray’s Excavating will be in town next week to work on a couple of storm sewers and when the weather warms up, they will start painting crosswalks. Water/Sewer Superintendent Cooper mentioned they are busy on doing locates for the fiber optic project. Police Chief Wagner stated they received a new dosage of Narcan to replace what they have that is close to expiring.

 

Fehr Graham Ertl mentioned Welsh Land Services will be seeding the city lot in the Pladsen Addition this week or next week and they are anticipated the city parking lot project to start the beginning of May. Finance Director Snitker highlighted some items on the fund balance analysis. City Manager Boden noted he got an inquiry about painting a crosswalk on East Main and 2nd Street NE that he will discuss with Keith.

 

Jenny Hennessey from Hacker Nelson went through their opinion of the findings for the Fiscal Year 2023 Audit Report.

No action taken.

 

The mayor read the proclamation on Fair Housing declaring April Fair Housing Month.

 

The mayor announced that this was the time and place for the public hearing on approval of the fiscal year 2025 budget. The clerk announced there were no oral or written comments received. Boden noted changes made to the budget due to the recent veto the mayor made on a resolution regarding taking out a loan. The mayor declared the hearing closed.

 

Moved by: Lydon | Seconded by: Wiedner

To approve the fiscal year 2025 budget.

Yes: Lydon, Johnson, Blocker, Wiedner | Absent: Engrav | No: 0

The mayor declared the resolution passed. The clerk assigned number 24-73 to the resolution.

 

The mayor announced that this was the time and place for the public hearing on approving and directing the conveyance of interest in real property. The clerk announced there were no oral or written comments received. Gayle Decker praised the council and mayor for moving forward with development. However, he mentioned he received details on the housing development agreement and noted there isn’t a purchase agreement and is unsure what the council would be approving. He asked if there would be tax abatement and had concerns with some of the wording from the exhibits. He would like to see a legal document. Boden mentioned the project is contingent upon the developer getting a Workforce Housing Tax Grant. Tonight, the council would be committing to the sale of the property assuming that the grant occurs. There isn’t a purchase agreement as that would be forthcoming. If the agreement cannot be developed under the grant, the developer might still move forward but possibly not as rapidly as if they received the grant. Adjustments will need to be made if the grant isn’t awarded and the property would then remain with the city. Boden also noted there would not be tax abatement for this project. Gayle asked how this is a legal agreement when there are no signatures with Boden noting the attorney agrees with the project. Boden said once this is approved then there would be a document done for the developer to sign. Gayle asked why there wasn’t a legal document drafted that had all the subject items clarified with Boden noted that was in the agreement that was approved at the last council meeting and as a condition of what was getting approved tonight. Boden noted we just need to add a signature page. There were no other comments, and the mayor declared the hearing closed.

 

Moved by: Lydon | Seconded by: Wiedner

To approve and direct the conveyance of interest in real property – parcel numbers 1031326010 and 1031401020

Yes: Lydon, Johnson, Blocker, Wiedner | Absent: Engrav | No: 0

The mayor declared the resolution passed. The clerk assigned number 24-74 to the resolution.

 

Moved by: Wiedner | Seconded by: Johnson

To approve the 2nd ordinance reading to amend the code of ordinances by changing vicious dogs’ definition and certain dog breed exemption requirements.

Yes: Blocker, Johnson, Lydon, Wiedner | Absent: Engrav | No: 0

The mayor declared the motion carried.

 

Moved by: Wiedner | Seconded by: Johnson

To waive the 3rd reading and adopt the ordinance to amend the code of ordinances by changing vicious dogs’ definition and certain dog breed exemption requirements.

Yes: Blocker, Johnson, Lydon, Wiedner | Absent: Engrav | No: 0

The mayor declared the ordinance passed. The clerk assigned number 834 to the ordinance.

 

Moved by: Lydon | Seconded by: Johnson

To approve the 2nd ordinance reading to amend the code of ordinances by changing action by council for Class E Retail Liquor Licenses.

Yes: Blocker, Johnson, Lydon, Wiedner | Absent: Engrav | No: 0

The mayor declared the motion carried.

 

Moved by: Lydon | Seconded by: Johnson

To waive the 3rd reading and adopt the ordinance to amend the code of ordinances by changing action by council for Class E Retail Liquor Licenses.

Yes: Blocker, Johnson, Lydon, Wiedner | Absent: Engrav | No: 0

The mayor declared the ordinance passed. The clerk assigned number 835 to the ordinance.

 

Under Public Comments: Jim Cooper mentioned he cannot attend the planning and zoning meeting regarding the re-zoning of property by Green Valley and asked if it is re-zoned if it would make it easier for the owner to make a campground. Boden noted he doesn’t believe so due to the classification, but he would have to check the ordinances. Mayor Hatlan asked for that to be documented in writing.

 

Moved by: Johnson | Seconded by: Blocker

To enter into closed session per Iowa Code Chapter 21.5 (1)(j) to discuss the purchase or sale of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property or reduce the price the governmental body would receive for that property. (x2)

Yes: Johnson, Wiedner, Blocker, Lydon | Absent: Engrav | No:  0

The mayor declared the motion carried.  Roll call was taken: Blocker, Johnson, Wiedner, Lydon

 

Moved by: Wiedner | Seconded by: Johnson

To exit closed session.

Yes: Johnson, Wiedner, Blocker, Lydon | Absent: Engrav | No:  0

The mayor declared the motion carried.

 

Moved by: Johnson | Seconded by: Lydon

To enter open session.

Yes: Johnson, Wiedner, Blocker, Lydon | Absent: Engrav | No:  0

The mayor declared the motion carried. No action following the closed session.

 

Moved by: Wiedner| Seconded by: Johnson

To adjourn.

Yes: 4 | Absent: 1 | No: 0

The mayor declared the motion carried.