May 6, 2024 City Council Minutes

The Waukon City Council met in regular session on May 6, 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, Nick Engrav and Steve Wiedner. Council members absent: none. Others present: City Manager Gary Boden; Street Superintendent Keith Burrett; Water/Sewer Superintendent Jim Cooper; Park, Rec & Wellness Director Jeremy Strub; Assistant Police Chief Mason Kwilinski; Police Chief Paul Wagner (zoom); Finance Director Lana Snitker; City Attorney Jeff Swartz; Fehr Graham – Sam Ertl; Ben Garrett; The Standard – Joe Moses; and citizens.

The mayor called the meeting to order. He asked to remove line item #12 regarding approval of a bid for an AC unit at City Hall.

 

Moved by: Lydon | Seconded by: Wiedner

To approve the consent agenda with that change.

  • Approval of Agenda
  • Minutes of April 22, 2024, regular and special
  • Resolution – agreeing to close the extension of Highway 9 and Highway 76 from 8th Ave. NW to East and West Main on Highway 9 to 2nd Street NW on Highway 76 North, for the period beginning at 6:30 PM and ending at 8:00 PM on June 3, 2024, for the Allamakee County Dairy Days Parade. The Clerk assigned number 24-74 to the resolution.
  • Resolution – agreeing to close the extension of Highway 9 from Allamakee County Courthouse South on Allamakee, traveling across to Main Street to Spring Avenue to Rossville Road to Oakland Cemetery for the period beginning at 9:00 AM and ending at 10:00 AM on May 27, 2024, for the Memorial Day Parade. The Clerk assigned number 24-75 to the resolution.
  • Resolution – agreeing to the transfer of $2,000 from the Employee Benefits Fund to the T&A Insurance Partial Self Fund for insurance costs. The clerk assigned number 24-76 to the resolution.
  • Resolution – agreeing to the transfer of $20,530 from the General Fund to the City Hall Roof & Repairs Fund for city hall roof project. The clerk assigned number 24-77 to the resolution.
  • Resolution – agreeing to the transfer of $58,760.99 from the Sewer Revenue Fund to the Sewer Revenue Bond Sinking Fund for the principal/interest payment on the Sewer Revenue Improvement and Refunding Bond, Series 2022 ($50,007.69) and Series 2023 ($5,084.75) and Series 2021 ($3,668.55). The clerk assigned number 24-78 to the resolution.
  • Resolution – agreeing to the transfer of $302.75 from the Sewer Fund to the Water Resource Restoration Fund for engineering for the Water Resource Restoration Sponsored Project. The clerk assigned number 24-79 to the resolution.
  • Resolution – agreeing to the transfer of $1,645.00 from the Sewer Revenue Fund to the Sewer Plant Improvement Fund for engineering costs for the Wastewater Treatment Plant Project. The clerk assigned number 24-80 to the resolution.
  • Resolution – approving retracement plat for water tower lot. The clerk assigned number 24-81 to the resolution.
  • Approval of Class C Retail Alcohol License for Waukon Event Center, 612 Rossville Rd.
  • Approval of temporary easement for West Street Project – Lier Property
  • Approval of West Street SW Improvements Agreement with Doeppke’s
  • Approval of DOT Right of Way Application both east and side of HWY 76 at intersection of Prairie Ave. NW for routine maintenance of casing pipe.
  • Approval of Change order #1 and pay estimate of $5,400 to Welsh Land Services for Pladsen Addition Seeding project.
  • Approval of claims

 

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

The mayor declared the motion carried.

 

Under Public Comments: Jenny O’Neill wanted to clarify why the recent planning and zoning meeting was postponed, noting that she requested an application for one of the requests and was informed there wasn’t one. She mentioned she contacted the city attorney and then the city attorney recommended the meeting be postponed. Gayle Decker referenced his questions asked at the last meeting regarding who the owner of the Gundersen Clinic property is and do they pay property taxes. VMH was never the owner of the property and yes they do pay property taxes and noted the information he was given regarding this was incorrect. He is bringing it up because the city is paying off a loan based on a lease on the property but if the city doesn’t own the property how can we lease it and is the city responsible for the remainder of the lease. It was noted that the city is paying the loan but the city receives a lease payment from Gundersen before making that payment. City Attorney Swartz recommended having this item on the next council agenda. Gayle asked what the cash fund balance the city has on hand is with Finance Director Snitker noting without posting some receipts just over 5,317,000 with around 5 million in CD’s. Gayle asked why the city is borrowing money. Keith Bresnahan asked why we don’t lessen the amount we borrow to spend on what we need and not what we don’t need. Keith asked the council if after the veto if they went and talked with the public to see what they thought about the loan. Pat Stone noted that ultimately what happens with the city regarding policies and procedures falls on the council regardless of the advice that comes from the City Manager. Pat thinks it is within Arvid’s right to veto the resolution regarding the loan and thought it was crazy to raise taxes because budgeting wasn’t done properly. He thinks we don’t need to spend money on the road in the park as that can wait and be budgeted. He thinks the council should uphold the veto and borrow the money internally, also saying if we can’t budget now how are we going to pay back a loan with interest.

 

Under Department Reports: Clerk Snitker reported for Library Director Cate St. Clair that they have children’s book week this week and will have the Allamakee’s Dairy Princess at the library on Friday serving ice cream. Park, Rec and Wellness Director Strub noted trees came in last week and they will have those available for residents to pick up at the city park this Saturday starting at 7:30AM. Street superintendent Burrett noted new manholes will be going in at the intersection of 1st St. and 1st Ave. NW. Water/Sewer Superintendent Cooper mentioned they hauled sludge last week and their summer hours started today. Assistant Police Chief Kwilinski stated Alyssa will graduate from the academy on May 24th and they were awarded the STEP grant.

 

Fehr Graham Ertl mentioned the Pladsen storm sewer project started last week and he will let the city know when the one lane traffic will start in that area. Finance Director Snitker clarified that the Gundersen item that was on the agenda last time was to close a fund as when funds are no longer being used the fund gets closed.

 

Council member Engrav thought it was great to see so many people at the meeting with council members Johnson and Weidner agreeing. Council member Blocker noted that the silt control coming off the Pladsen property and Family Dollar after the recent rains is inadequate and noted something needed to be done. Council member Johnson stated he has been approached by the public saying that the park looks great and for Jim to let his employees know they did a great job with a recent leak that happened. Mayor Hatlan added comments regarding the cancelled Planning and Zoning meeting noting they received a letter from Gary and Gary stating he had information on file that he thought adequately sufficed what would be listed on an application. Hatlan also questioned the attorney fees we had in March for them to provide us information that is in our ordinances.

 

Boden noted that what was being asked at tonight’s meeting was to engage in negotiations with Ben Garrett. Ben discussed the vision they had for the housing development on property off 9th Street NW also known as the Bresnahan property. There was a lot of discussion and were lots of questions asked by those in attendance.

Moved by: Wiedner | Seconded by: Lydon

To enter into discussion of a development agreement with Ben Garrett for some of the city owned property on 9th Street NW.

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

The mayor declared the motion carried.

 

The mayor announced that this was the time and place for the proposed amendment to the Southeast Urban Renewal Area. The clerk announced there was one comment received “no problem with identifying the SE Area but wondering what the costs will be for the street and how can we determine it won’t exceed the $350,000 without having an estimate”. Boden noted this will allow us the option to TIF the street. Pat Stone asked about the outstanding debt of the city and the constitutional debt limit of the city. Gayle Decker asked what happens when a property comes off TIF with Boden noting the debt is lowered. Keith Bresnahan asked about the city spending money on new streets and not fixing current streets. The mayor declared the hearing closed.

 

Moved by: Engrav | Seconded by: Lydon

To approve the Urban Renewal Plan Amendment for the Southeast Urban Renewal Area.

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

The mayor declared the resolution passed. The clerk assigned number 24-82 to the resolution.

 

Hatlan clarified this resolution was listed for the council to override his veto if they choose. There was lots of discussion regarding the items that were listed to possibly borrow money for and their need. Council members voiced their opinions and heard questions and concerns from those in the audience. There were questions on why some of these items weren’t budgeted for or why the city doesn’t budget for them instead of taking out a loan. Some thought funds could be borrowed for the necessary items right now and to borrow money for the other items later if needed.

Moved by: Lydon | Seconded by: Blocker

To authorize and approve loan agreements, combining loan agreements, and providing for the issuance of a General Obligation Corporate Purpose Note, Series 2024 and providing for the levy of taxes to pay the same.

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

The mayor declared the resolution override failed due to not meeting the two-thirds majority requirement.

 

Mandy Halverson with Epic Wear discussed her city façade improvement application noting the total project cost is $7,333.42 to replace a broken windowpane and replace the 2nd level windows.

Moved by: Wiedner | Seconded by: Engrav

To approve the city façade improvement application for 9 W Main Street for $3,666.71 for windows.

Yes: 5 | No: 0

The mayor declared the motion carried.

 

Moved by: Wiedner | Seconded by: Lydon

To approve the interview room camera estimate from Driftless Security for $4,000.

Yes: 5 | No: 0

The mayor declared the motion carried.

 

Moved by: Blocker | Seconded by: Lydon

To approve the exterior painting estimate at the police department with Leiran Painting for $7,800 and the gutters and downspouts estimate with RT Seamless Gutters for $2,465.85 to be paid with the ARPA funding.

Yes: 5 | No: 0

The mayor declared the motion carried.

 

Hatlan read a statement he received from a resident in favor of allowing chickens in town. Stephanie Gordon also noted she was in favor of allowing chickens in town and listed some of the benefits. John Sweeney noted this item had been brought to the planning and zoning commission years ago and at the time they were in favor of allowing them. It was discussed to have something brought back to the next council meeting for further discussion and then go to the planning and zoning committee if needed.

No action taken.

 

Under Public Comments: Cory O’Neill asked if the water and sewer piping gets replaced when the streets are replaced with city staff noting that if it is needed it does. Hatlan requested that all closed session items go through our attorney for their office to confirm in writing that it is okay for council to go into closed session and the item that is being discussed. This will be needed prior to the 10AM Thursday deadline for the agenda.

 

Moved by: Johnson | 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: Johnson, Wiedner, Blocker, Lydon, Engrav | No:  0

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

Council Member Blocker left during the closed session.

Moved by: Johnson | Seconded by: Engrav

To exit closed session.

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

The mayor declared the motion carried.

 

Moved by: Johnson | Seconded by: Wiedner

To enter open session.

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

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

 

Moved by: Johnson | Seconded by: Wiedner

To adjourn.

Yes: 4 | Absent: 1 | No: 0

The mayor declared the motion carried.

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