Governmental Body:Winterset City Council

Governmental Body:Winterset City Council

Date of Meeting: July 10, 2017

Time of Meeting: 7:00 PM

Place of Meeting: City Hall

PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows:

AGENDA:

7:00 1. Call to order, Pledge of Allegiance, roll call, adopt agenda

7:00 2. City Council vacancy, swearing in of new Council Member

7:10 3. Reports from City Boards & Departments

7:20 4. Meal site/ambulance/recreation center project – Nancy Corkrean

7:30 5. Resolution calling for election on local option sales tax

7:40 6. Police residency ordinance

7:50 7. Street tree ordinance

8:00 8. Ordinance deleting property from TIF District

8:10 9. Skate Park Project

-Change Order No. 1 & No. - $2,311.50

-Pay Application No. 3 - $56,050.00

-Final Acceptance

8:2010. Jurgensen Bridge Project

-Final Acceptance

-Pay Application No. 4 -$26,943.50

8:3011. Requests for sewer charge adjustments

8:4012. Administrator report

8:5013. Claims

8:5514. Minutes June 19th meeting

9:0015. Public comment

9:0516. Adjournment

This notice is given pursuant to Chapter 28A, Code of Iowa and the local rules of said governmental body.

DATE POSTED:July 6, 2017

BY:

Title: City Administrator

City Council of the City of Winterset, Iowa met in regular session on July 10, 2017 in accordance with the above Notice and Call of Public meeting. Due to the absence of the Mayor, the meeting was called to order by Mayor Pro Tem Howard Harrell with the following members of the Council in attendance:

PRESENT:Mike Fletcher, Howard Harrell, Philip Macumber,

Edmund Seaward

ABSENT:None

The Mayor Pro Tem called for any additions or deletions to the agenda. A motion was made by Council Member Macumber and seconded by Council Member Fletcher to approve the agenda as set forth in the Notice and Call of Public meeting. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell

NAYS:None

Whereupon the Mayor Pro Tem declared that the motion carried.

The Mayor Pro Tem stated that the first item of business on the agenda was to consider an appointment to fill the vacancy on the City Council. The Administrator stated that notice had been published stating that the City Council intends to fill the vacancy by appointment. He stated that the notice also stated that the electors have the right to petition for a special election to fill this vacancy.

The Mayor Pro Tem stated that the Council would now hear from persons who have expressed interest in the position of Northward City Council. Debra Kaldenberg, Dave Braga and John Hunt then individually addressed the Council Members. Following a period of discussion, the Council decided to each write down a name on a ballot indicating which of these individuals they would select as a Council Member. The ballots were collected and the City Administrator announced Deb Kaldenberg had received three votes and John Hunt had received one vote.

A motion was then made by Council Member Seaward and seconded by Council Member Fletcher to adopt the following resolution. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell

NAYS:None

Whereupon the Mayor Pro Tem declared that the following resolution was duly adopted.

RESOLUTION NO. 2017 - 76

RESOLUTION MAKING APPOINTMENT

TO FILL CITY COUNCIL VACANCY

WHEREAS, Scott Stover resigned from the position of North Ward City Council Member effective June 12, 2017; and

WHEREAS, the Council has published notice stating that it intends to fill the vacancy by appointment at the City Council meeting scheduled for July 10, 2017, said notice informing the electors of the right to file a petition requiring that the vacancy be filled by a special election.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Winterset, Iowa that Debra Kaldenberg is hereby appointed to the position of North Ward City Council Member.

BE IT FURTHER RESOLVED that this appointment is effective immediately and shall be for the period until the next regular city election on November 7, 2017, at which time this Council position will be on the ballot.

Passed and approved this 10th day of July 2017.

______

Howard Harrell, Mayor Protem

Attest:

______

Mark Nitchals, City Administrator

Debra Kaldenberg then was sworn in by reciting the Oath of Office. The Mayor Pro Tem welcomed Debra Kaldenberg to the Council meeting.

The Mayor Pro Tem stated that the Council would now hear reports from various City Boards and Departments. The Mayor Pro Tem first recognized Jean Bosch and asked for a report from the Library. Jean Bosch reported that they are having a busy summer at the Library. She stated that 80 adults, 488 children, and 52 teenagers are participating in various reading programs. She also mentioned four upcoming special programs that will be held at the Library.

The Mayor Pro Tem then recognized John Pletchette and asked for a report from the Park & Recreation Commission. Mr. Pletchette stated that attendance at the Aquatic Center is good so far this summer. He stated that six weeks into the season and they have had over 19,000 in attendance at the Aquatic Center, which is ahead of the attendance rate of last year. He stated that camping stays at the campground is also ahead of the pace from last year. Mr. Pletchette then went on to report on various construction projects that are being undertaken at this time or in the planning stages.

The Mayor Pro Tem recognized Ron Jacobsen and asked for a report from the Wastewater Treatment Department. Mr. Jacobsen reported on work on cleaning up the Sewer Treatment Plant. He stated that scrap metal has been removed and work has been done on the office and lab area at the Plant. He stated that windows are being replaced in the office area and they are getting quotes for a new heating and air conditioning system. He also stated that he has implemented a new employee uniform program. He stated that for $25 per week the three employees in the department will receive shirts and pants to wear on the job. Mr. Jacobsen went on to report on other improvement projects that he is undertaking at the Plant.

The Mayor Pro Tem then recognized Chief Burk and asked for a report from the Police Department. Chief Burk presented a written report and discussed several of the items in greater detail. He stated that two new officers have recently been hired and are on the job. He stated that he has hired a third new officer who will be starting on August 28th. He stated that he has also filled the part-time Administrative Assistant position.

The Mayor Pro Tem recognized Dale Cleghorn and asked for a report from the Fire Department. Dale Cleghorn briefly reported on the number of fires the department has responded to recently. He also stated that he wanted to thank the City for allowing City employees to serve as firefighters.

The Mayor Pro Tem stated that the next item on the agenda is to hear a presentation regarding a proposed new meal site, ambulance and recreation center. Nancy Corkrean addressed the Mayor and Council Members. She stated that she is on the Board of the Madison County Elderly Services, which provides the meals at the meal site. She stated that the facility also houses the ambulance service. She proposed that a new facility should be built for the meal site, the ambulance service and also include a recreation center. A general period of discussion on various aspects of this proposal followed. The Mayor Pro Tem thanked Mrs. Corkrean for presenting this information to the Council.

The Mayor Pro Tem stated that next item on the agenda is a resolution calling for an election on a local option sales tax. The Administrator stated that the City’s Bond Counsel has provided a resolution for action by the City Council to call for an election on the question of extending the local option sales tax. He stated that Bond Counsel has advised that State law requires that governmental bodies representing at least 50% of the population of the County need to adopt a resolution calling for such an election. He stated that the City will need to ask the County Supervisors to adopt a similar resolution. Following a period of discussion, a motion was then made by Council Member Fletcher and seconded by Council Member Seaward to adopt the following resolution. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell, Kaldenberg

NAYS:None

Whereupon the Mayor Pro Tem declared that the following resolution was duly adopted.

RESOLUTION NO. 2017-77

RESOLUTION REQUESTING THAT THE MADISON COUNTY BOARD OF SUPERVISORS SET A DATE FOR AN ELECTION ON THE IMPOSITION OF A LOCAL OPTION SALES AND SERVICES TAX IN THE CITY OF WINTERSET AND DESIGNATING BALLOT LANGUAGE

WHEREAS, Chapter 423B of the Code of Iowa authorizes County Boards of Supervisors to impose a local option sales and services tax within incorporated cities and the unincorporated area of counties, following an election at which the registered voters in various jurisdictions vote in favor of such tax; and

WHEREAS, a local option sales and services tax, approved on October 21, 2003 (the “Original Tax”), is currently being imposed in the City of Winterset, Iowa (the “City”), but said tax is scheduled for expiration on June 30, 2024 (the “Expiration Date”); and

WHEREAS, the City Council intends to replace the Original Tax with a new local option sales and services tax (the “New Tax”) prior to the Expiration Date; and

WHEREAS, pursuant to Section 423B(4)(b) of the Code of Iowa, the question of imposing a Local Option Tax shall be submitted to eligible registered voters in the county upon receipt by the County Commissioner of Elections of the motion or motions requesting such submission adopted by the governing body or bodies representing at least one half of the population of the County; and

WHEREAS, the City Council of the City and the Board of Supervisors of Madison County (the “County”) are governing bodies that, together, represent at least one half of the population of the County; and

WHEREAS, the City now desires to request that the Madison County Board of Supervisors submit a motion (the “County Motion”) of support for calling an election on the New Tax and that the County then set a date for a special election on the New Tax; and

WHEREAS, the City also desires to submit a motion of support for calling an election on the New Tax to the County Commissioner of Elections and to specify the language to be used in the ballot proposition for the imposition of the New Tax;

NOW, THEREFORE, IT IS MOVED AND RESOLVED by the City Council of the City of Winterset, Iowa, as follows:

Section 1.The City Council hereby requests that the Madison County Board of Supervisors submit a motion requesting that the question of imposing the New Tax be submitted to eligible registered voters in the City. Furthermore, the City Council hereby requests that the Madison County Board of Supervisors set November 7, 2017 as the date for a special election within the City, for the purpose of presenting to the registered voters of the City the question of the imposition of the New Tax, such tax to take effect on January 1, 2018.

Section 2.The City shall submit a motion to the County Commissioner of Elections requesting that the question of imposing the New Tax be submitted to eligible registered voters in the City. In addition, in accordance with Section 423B(1) of the Code of Iowa, the City Council hereby requests that the ballot proposition state that 100% of the revenues from such local option sales and services tax will be used for constructing, equipping, maintaining, improving, operating and the acquisition of property for capital improvement projects, and for all other lawful purposes of the City of Winterset, and that 0% of the revenues will be used for direct property tax relief. A form of the ballot proposition is attached hereto as “Exhibit A.”

Section 3.The City Administrator is hereby directed to file a copy of this resolution with the Madison County Auditor, as well as with the Madison County Board of Supervisors.

Section 4.The County Commissioner of Elections is hereby requested, after satisfactory receipt of the County Motion, to cause notice of the ballot proposition, in substantially the form set forth as Exhibit B hereto, to be published in a legal newspaper of general circulation in the City, such notice to be published not less than sixty days prior to the date of the election

Section 5.All resolutions or parts thereof in conflict herewith are hereby repealed.

Passed and approved July 10, 2017.

______
Howard Harrell, Mayor Pro Tem

Attest:
______
Mark Nitchals, City Administrator

EXHIBIT A

BALLOT PROPOSITION FORM

MADISON COUNTY

PUBLIC MEASURE

SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?

YES

NO

Summary: To authorize imposition of a local sales and services tax in the City of Winterset, Iowa at the rate of one percent (1%) to be effective from January 1, 2018.

A local sales and services tax shall be imposed in the City of Winterset, Iowa at the rate of one percent (1%) to be effective from January 1, 2018.

Revenues from the sales and services tax shall be allocated as follows:

0% for property tax relief

The specific purpose for which the revenues shall otherwise be expended is:

For constructing, equipping, maintaining, improving, operating and the acquisition of property for capital improvement projects, and for all other lawful purposes of the City of Winterset.

*** *

The Mayor Pro Tem stated that the next item on the agenda is the proposed Police residency ordinance. Following a period of discussion, a motion was made by Council Member Seaward to suspend the satutory rules requiring that an ordinacne be considered on three different dates and that the proposed ordinance now be placed on its passage. Council Member Macumber seconded the motion to suspend the rules. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell, Kaldenberg

NAYS:None

Whereupon the Mayor Pro Tem declared that the motion carried and that the rules would now be suspended.

A motion was then made by Council Member Macumber and seconded by Council Member Harrell to adopt the Ordinance No. 610. ANORDINANCE AMENDING POLICE OFFICER RESIDENCY REQUIREMENT. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell, Kaldenberg

NAYS:None

Whereupon the Mayor Pro Tem declared that the motion carried and the ordinance was duly adopted.

The Mayor Pro Tem stated that the next item on the agenda is further consideration of the Street Tree Ordinance. It was noted that the proposed ordinance has been considered at the two previous Council meetings. A motion was then made by Council Member Fletcher for third consideration and adoption of the proposed ordinance. The motion was seconded by Council Member Macumber. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell, Kaldenberg

NAYS:None

Whereupon the Mayor Pro Tem declared that Ordinance No. 611 AN ORDINANCE AMENDING AND REPLACING MUNICIPAL CODE CHAPTER 3 – STREET TREES was now duly adopted.

The Mayor Pro Tem called for a report on the ordinance deleting property from a TIF District. The Administrator stated that this involved certain property located in the Glenwood Urban Renewal Area. He stated that the proposal was to establish and new Birchwood Urban Renewal Area where is property is located. He stated that Bond Counsel advised this property should first be removed from the existing TIF District. Following brief discussion, Council Member Macumber made a motion for second consideration of the proposed ordinance. The motion was seconded by Council Member Harrell. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell, Kaldenberg

NAYS:None

Whereupon the Mayor Pro Tem declared that the motion carried.

The Mayor Pro Tem stated that the next item on the agenda is in regards to the Skate Park Project. The Mayor Pro Tem called for a report on Change Order No. 1 and No. 2. The Administrator stated that Change Order No. 1 and No. 2 involved the installation of a drain line at the construction site and also the deletion of the construction of certain sidewalk areas. He stated that the net change for these change orders is an increase of the contract of $2,311.50. Following discussion, a motion was made by Council Member Fletcher and seconded by Council Member Harrell to adopt the following resolution. Roll call vote:

AYES:Macumber, SeawardFletcher, Harrell, Kaldenberg

NAYS:None

Whereupon the Mayor Pro Tem declared that the following resolution was duly adopted.

RESOLUTION NO.2017-78

RESOLUTION APPROVING CONTRACT CHANGE ORDER

WINTERSET AREA SKATE PARK PROJECT

WHEREAS the City has previously entered into a contract with Spohn Ranch, Inc. for construction of the Winterset Area Skate Park Project; and

WHEREAS, during construction, changes were proposed in the scope of work which increased the cost by a total amount of $2,311.50; and