The Waukon City Council met in regular session on May 15, 2023 at 6:00 P.M. in the council room of City Hall, 101 Allamakee Street and via Zoom technology. Mayor Pro Tem Kevin Johnson presided. Council members present: Arvid Hatlan, John Lydon, Kevin Johnson, Andy Sires and Steve Wiedner. Council members absent: None. Others present: City Manager Gary Boden; Street Superintendent Keith Burrett; Water/Sewer Superintendent Jim Cooper; Park, Rec and Wellness Director Jeremy Strub; Assistant City Attorney Kevin Stinn; The Standard – Joe Moses; Fehr Graham –Sam Ertl; Pat Stone; Ellen Brown; Keith Bresnahan; Matt Seibert; County ATV/UTV Club Members; and citizens.
The Mayor Pro Tem called the meeting to order. He requested item #15, partial pay request for Wastewater Treatment Plant project be removed.
Moved by: Lydon | Seconded by: Hatlan
To approve the agenda with that change.
Yes: Wiedner, Lydon, Johnson, Sires, Hatlan | No: 0
The Mayor Pro Tem declared the motion carried.
Under Department Reports: Street Superintendent Keith Burrett noted they used a camera on a couple of storm sewer areas and he received an estimate for costs of repair. Council noted they would like a couple of quotes provided and to have on the next agenda. Water & Sewer Superintendent Jim Cooper mentioned they received a quote on the old water meters but they will also check with a local company. There are 3 water meters left for replacement and they pulled well #2 last week which had not been pulled for 13 years. Park, Rec and Wellness Director Jeremy Strub stated they gave away 35 trees on Saturday and they are looking to open the pool on May 30th.
Fehr Graham Engineer Sam Ertl provided updates on the current projects that are underway including noting there are 2 temporary easements still outstanding for the 4th St. NW project. Storm sewer project is anticipated to start mid to late summer. Last week they seeded the bioretention cell and this week they will seed the rest of the wetland area permanently. Lydon asked if Dollar Tree will be putting a fence up between their property and the trailer court area. Ertl said he could reach out and check.
City Clerk Snitker mentioned Rita Swenson will be retiring after almost 34 years working for the City of Waukon. Her last day will be July 7th and she will be missed in the office. Snitker updated that the backfilling at 9 and 11 Allamakee Street will be on hold while the neighboring properties repair their walls. Lastly, Snitker received a letter of support request from Upper Explorerland today for someone wanting to apply for a loan through the IFA for the Rental without Tax Credits program for upper story housing. Council noted they would need that item on the agenda for approval.
City Manager Boden noted there were drones flying over the Bresnahan and Pladsen Addition areas today for advertisements of the properties. Boden discussed having a town hall meeting regarding housing on July 11th.
Council Member Hatlan thanked members from the County ATV/UTV club for being in attendance as we go through the ATV/UTV ordinance. Council Member Johnson asked about a couple of pot holes which Burrett noted were addressed today. Johnson also noted some events happening in the area and that this week was National Police week.
Under Public Comments: Pat Stone asked if the council would consider not increasing the water rates due to more funds being brought in because of the new meters being installed. Stone thinks the $400,000 that was borrowed a couple of years ago for the street improvements project should be used instead of sitting in an account. Stone questioned the $45,000 that was left over from the McMillan property as he was not aware of that previously. Stone commented on the ATV/UTV ordinance and asked if people could have permission to utilize those in the park. Stone also made a comment on the Capital Projects budget that was approved for 2024 and that it seems Local Option Sales Tax is being utilized a lot. Ellen Brown asked what the timeline is for the 8th Ave. NW sidewalk project. Ertl noted that he is not positive at this time when work will start but he will know more after they have a pre-construction meeting and can let Brown know. Matt Seibert asked to revisit the letter of support for the upper story housing and council noted that it would require a special meeting to be had in order to get it approved with council scheduling to hold that on Wednesday at 7:50AM.
Assistant City Attorney Kevin Stinn discussed the ATV/UTV ordinance with changes to reflect the State laws and also noted where they can be operated, the updated speed and the change in violations. Discussion was had about including an amendment regarding utilization in the City Park with Boden stating that can be amended on the next reading.
Moved by: Lydon | Seconded by: Wiedner
To approve the first reading amending the Code of Ordinances by changing the Definitions, General Restrictions, Operation on City Streets and Alleys, Operations on Primary and Secondary Roads, Restrictions and Violations for All-Terrain Vehicles and Off-Road Utility Vehicles.
Yes: Hatlan, Sires, Wiedner, Johnson, Lydon. | No: 0
The Mayor Pro Tem declared the motion passed.
The Mayor Pro Tem announced that this was the time and place for the public hearing on amending the current budget for the City of Waukon for the Fiscal Year ending June 30, 2023. Pat Stone asked the council to move this to a different agenda or provide a summary of the amounts of what is being transferred. Boden attempted to go through a summary of the changes with Stone stating he wanted council to answer his questions. Stone feels this should be postponed if his questions cannot be answered or he will go to the State appeal board. Boden noted the information has been given to council and published in the paper in accordance to State requirements plus was available for public review at the meeting. Keith Bresnahan stated he would like Boden to answer questions in a professional manner. Matt Seibert asked about the public being able to get more detailed information. Stone asked for council to provide amounts of specific items from the amendment that is being changed otherwise he feels this item should be postponed until the numbers can be given. There were no other comments and the Mayor Pro Tem closed the public hearing.
Boden discussed amendments and went over the beginning and ending fund balance for the 2023 Budget.
Moved by: Lydon| Seconded by: Wiedner
To amend the current budget for the City of Waukon for the Fiscal Year ending June 30, 2023.
Yes: Hatlan, Lydon, Johnson, Wiedner, Sires | No: 0
The Mayor Pro Tem declared the resolution passed. The Clerk assigned number 23-67 to the resolution.
Moved by: Lydon | Seconded by: Hatlan
To approve salary and wages for non-union employees to reflect a 3% increase effective July 1, 2023-June 30, 2024.
Yes: Hatlan, Lydon, Johnson, Wiedner, Sires | No: 0
The Mayor Pro Tem declared the resolution passed. The Clerk assigned number 23-68 to the resolution.
Moved by: Lydon | Seconded by: Wiedner
To approve the water/sewer department summer schedule.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion passed.
Snitker stated the council needs to appoint someone to the Mayor vacancy within 60 days from the resignation otherwise a special election will be needed. There are publication requirements that also have to be met. A letter to express interest can be completed and returned to City Hall.
Moved by: Lydon | Seconded by: Wiedner
To appoint someone as Mayor at the June, 19, 2023 council meeting.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion carried.
Snitker noted there were three bids returned by the May 12th 4PM deadline for the Park & Rec ’93 dump truck and another bid that came in the mail today.
Moved by: Lydon | Seconded by: Wiedner
To approve the bid from Wyatt Blake of $1,001 for the Park & Rec ’93 GMC Dump Truck.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion carried.
Boden discussed the possibility of changing the council meeting dates in July as well as noted he would like to close City Hall at noon on July 3rd due to the holiday.
Moved by: Lydon | Seconded by Hatlan
To approve changing the council meeting dates in July to July 10th and July 24th.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion carried.
Snitker noted that our current Tree and Vegetation ordinance allows abutting property owners to plant trees on city-owner parking or boulevard areas and asked the council’s thoughts on allowing that.
Moved by: Hatlan | Seconded by: Lydon
To change the Tree and Vegetation ordinance to not allow planting of trees in the boulevard.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion carried.
Ertl discussed utilities and bush relocation at 307 North Court Street.
Moved by: Hatlan | Seconded by: Lydon
To move forward with paying the owners if they remove the bushes on their own.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion carried.
Ertl went over plans for the City Parking lot and Alley project behind Hartig Drug. Council mentioned in the plans they would like to go with the option to have 8-inch-thick concrete for the alley and they would like the project to be completed at one time, not in stages.
No action taken.
Boden discussed the State property tax reform and possible impacts.
No action taken.
Moved by: Lydon | Seconded by: Hatlan
To approve the consent agenda.
- Minutes of May 1, 2023 regular session
- Approval of Assistant City Attorney Hattie Frana
- Resolution – Agreeing to the transfer of $2,334.25 from the Sewer Fund to the Water Resource Restoration Fund for engineering for the Water Resource Restoration Sponsored Project. The Clerk assigned number 23-69 to the resolution.
- Resolution – Agreeing to the transfer of $531,328.14 from the TIF Fund to the Debt Service Fund for the principal/interest due June 1, 2023 on the following: 2020 General Obligation Corporate Purpose and Refunding Bonds $70,721.50, 2021 General Obligation Corporate Purpose and Refunding Bonds $239,270.80, Fire Station $7,470.39, Allamakee County Auditor-Equalization payment $865.45, 2022 General Obligation Corporate Purpose Bonds $213,000. The Clerk assigned number 23-70 to the resolution.
- Resolution – Agreeing to the transfer of $98,000 from the Sewer Fund to the West Street SW Improvements Fund to fund the 600 Block West Street SW Reconstruction Project per the Capital Improvement Plan. The Clerk assigned number 23-71 to the resolution.
- Resolution – Agreeing to the transfer of $100,000 from the Water Fund to the West Street SW Improvements Fund to fund the 600 Block West Street SW Reconstruction Project per the Capital Improvements Plan. The Clerk assigned number 23-72 to the resolution.
- Resolution – Agreeing to the transfer of $43,000 from the 1st to 1st Storm Sewer Fund-McMillan Property Expansion Project to the 9 & 11 Allamakee Street Fund-Building Demolition Project. Per the Department of Management’s website: Excess revenue received for a previously certified and paid debt can be used to pay down internal loan principal rather than returning the month to the treasurer. The Clerk assigned number 23-73 to the resolution.
- Resolution – Agreeing to the transfer (effective June 1, 2023) of $43,000 from the SE Tax Increment Fund for advancement repayments, to the Street Improvement Fund in accordance with Resolution No.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 23-74 to the resolution.
- Resolution – Agreeing to the transfer (effective June 1, 2023) of $46,000 from the SE Tax Increment Fund for advancement repayments, to the Street Improvement Fund in accordance with Resolution No. 3809. (Downtown Building Rehabilitation Project). The Clerk assigned number 23-75 to the resolution.
- Resolution – Agreeing to the transfer (effective June 1, 2023) of $69,700 from the SE Tax Increment Fund for advancement repayments, to the Water Fund in accordance with Resolution No. 3810 (2021 NW Public Infrastructure) and $15,300 from the SE Tax Increment Fund for advancement repayments, to the Sewer Fund in accordance with Resolution No. 3810 (2021 NW Public Infrastructure). The Clerk assigned number 23-76 to the resolution.
- Approving Special Class C Retail Alcohol License (BW) for Liddiard, LLC d/b/a Lid’s Bar and Grill, 1350 9th St. SW
- Approving Reid Deeny for summer help in the water/sewer department starting hourly wage at $14.80 to be raised to $15.24 effective July 1, 2023; approximately 25 hours/week, scheduled to start after school is out.
- Approving payment of $1,750 to BHL Radon Services – CDBG HSG Program, Briemon Project
- Approving temporary easements for 4th St. NW/8th Ave. NW Improvements project
- Approval of DOT ROW Application – intersection of HWY 9 and 8th Ave. NW
- Approval of City Clerk/Treasurer’s Report – April, 2023
- Approval of Claims
Yes: Hatlan, Lydon, Johnson, Wiedner, Sires | No: 0
The Mayor Pro Tem declared the motion passed.
Under Public Comments: Harvey Estebo commented that he was bothered by the earlier conversation had in the meeting and thinks the council, staff and City Manager are doing a good job for the City. He did not realize a citizen could interrupt and talk unless they were on the agenda.
Moved by: Lydon | Seconded by: Wiedner
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.
Yes: Hatlan, Johnson, Lydon, Sires, Wiedner | No: 0
The Mayor Pro Tem declared the motion carried. Roll call was taken: Hatlan, Johnson, Lydon, Sires, Wiedner
Moved by: Sires | Seconded by: Lydon
To exit closed session
Yes: Hatlan, Johnson, Lydon, Sires, Wiedner | No: 0
The Mayor Pro Tem declared the motion carried.
Moved by: Johnson | Seconded by: Lydon
To enter into open session.
Yes: Hatlan, Johnson, Lydon, Sires, Wiedner | No: 0
The Mayor Pro Tem declared the motion carried.
Moved by: Wiedner | Seconded by: Lydon
To adjourn.
Yes: 5 | No: 0
The Mayor Pro Tem declared the motion carried.