Regular MeetingMarch 17, 2010Page 1
The Hiawatha City Council met in regular session in the Hiawatha Council Chambers onMarch 17, 2010. Mayor,Tom Theis called the meeting to order at 7:00P.M. Present:Marty Bruns, Linda Bendixen, Bob Rampulla, Nancy Melsa andDick Olson. Staff present: City Attorney, Mark Parmenter; City Administrator, Gary Rogers Jr.;City Engineer, Dick Ransom; Assistant Engineer, Ken DeKeyser;Fire Chief, Mike Nesslage; Police Chief, Dennis Marks and Finance Director, Cindy Kudrna. Guest present:Dan Hoffman;Peg Bader, Dick Bader and Rick Sizemore of the Hiawatha Kids Leagueand Gazette Report, John Schweitzer.
Bob Rampulla moved the approval of the agenda, second by Nancy Melsa. Motion carried. Marty Brunsmoved approval of the following Consent Agenda items: Bills presented; Finance Director’s Report for February 2010; City Clerk’s Reconciliation Report for February 2010; Department Reports: Community Development, Maintenance, Police, and Park & Recreation; City Engineer’s Report; Mayor’s Report; Approval of RESOLUTION #10-047 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 120 Willowood Drive; RESOLUTION #10-048 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 126 Willowood Drive; RESOLUTION #10-049 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 185 Alwine Court; RESOLUTION #10-050 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at Lot ‘3’, Irregular Survey of the Southwest Quarter, Section 31, Township 84 North, Range 7 West of the 5th Principal Meridian, Hiawatha, Linn County, Iowa; RESOLUTION #10-051 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 150 Alwine Court; RESOLUTION #10-052 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 180 Alwine Court; RESOLUTION #10-053 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at Lot 15, Country Estate Acres Second Addition; RESOLUTION #10-054 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 165 Alwine Court; RESOLUTION #10-055 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at 155 Alwine Court; RESOLUTION #10-056 accepting permanent and temporary easements for the Heritage Green Drainage Project for the property located at Lot 17, Country Estate Acres Second Addition,second by Linda Bendixen. Motion carried.
*Scribnor’s Error: All Resolution numbers listed in the minutes from this point forward will be off by one
number from what was called out at the meeting.
Public Hearing –Loan/Grant application with USDA Rural Development for the Northwest Water Main and Sanitary Sewer Extension Project
MayorTheis announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan/Grant application with USDA Rural Development in order to provide financial assistance to develop the Northwest Water Main and Sanitary Sewer Extension Project at 7:01 P.M.
No written or oral comments were made at or prior to the public hearing. Public hearing closed at 7:01 P.M.
Linda Bendixen presented RESOLUTION #10-057authorizing staff to proceed with the Loan/Grant application with USDA Rural Development for financial assistance to develop the Northwest Water Main and Sanitary Sewer Extension Project, second by Marty Bruns.
Roll call vote:
AYES: Bob Rampulla, Dick Olson, Marty Bruns, Nancy Melsa, Linda Bendixen
NAYS: None
Resolution #10-057 adopted.
Hiawatha Kid’s League Presentation
Rick Sizemore, Commissioner for the Kid’s League spoke to the Council to update them on the services that the organization provides. This is a non-profit Board of Director organization with 12 members. The organization is sponsored by players who sign up for T-ball, softball and baseball programs;concession stand sales for events and Peck’s Flower Shop deliveries. The funds that the Kid’s League receives are used to upgrade the Hiawatha ball diamonds and player’s equipment. There are currently 48 teams with a cost of $200.00 per team and $65.00 for each player. The games are played Monday – Thursday with a few games on Fridays and two tournaments on Saturdays. In the past years, over 800 youth were involved in Kid’s League programs with 11 diamonds available to them at different locations around the Hiawatha/Marion metro area. More information and updates can be obtained by going to the Kid’s League website at
Resolution Authorizing staff to proceed with solicitation of proposals for Point to Point Wireless (WAN) Connection Services from City Hall to the Fire Department
Fire Chief, Mike Nesslage spoke to Council. Explaining that the Hiawatha Fire Department is not connected to the City Hall network. This request is being brought before Council to allow staff to proceed with requests for proposals for quotes on wireless connection (WAN).
Bob Rampulla presented RESOLUTION #10-058 authorizing staff to proceed with solicitation of proposals for Point to Point Wireless (WAN) Connection Services from City Hall to Fire Department, second by Marty Bruns.
Roll call vote:
AYES: Marty Bruns, Nancy Melsa, Linda Bendixen, Dick Olson, Bob Rampulla
NAYS: None
Resolution #10-058 adopted.
Resolution fixing values of lots for the construction of the North Center Point Road Water Main and Sanitary Sewer Extension Project
Ken DeKeyser, Hall and Hall Engineers spoke to the Council explainingthe resolution presented is the second in a series of resolutionsinvolved in the project. It would initiate the fixing of values of the lots involved in the special assessment for the construction of the North Center Point Road Water Main and Sanitary Sewer Extension Project. The special assessment on the properties must not exceed 25% of the property’s value. One parcel in this area currently has no published assessed value due to the recent construction of a house on the lot. The lot is 8.8 acres and $1.00 per square foot for land area is the recommended value until the property has a published assessed value. The next step in this assessment process will be to proceed with a public information meeting with the residents involved in this project.
They will be invited to come to City Hall to discuss the process so everyone is informed and Council and City staff will be able to gather input from the residents before the next resolution is taken to Council for approval. No date has been established for the public information meeting.
Bob Rampulla presented RESOLUTION #10-059 fixing values of lots for the construction of the North Center Point Road Water Main and Sanitary Sewer Extension Project, second by Linda Bendixen.
Roll call vote:
AYES: Dick Olson, Bob Rampulla, Linda Bendixen, Marty Bruns, Nancy Melsa
NAYS: None
Resolution #10-059 adopted.
Resolution approving an Electronic Recycling Event with Midwest Electronic Recovery on Saturday, April 24, 2010
The City Council has scheduled an annual Electronic Recycling Event with Midwest Electronic Recovery on Saturday, April 24, 2010 from 9:00-11:00 A.M.
Dick Olson presented RESOLUTION #10-060 approving funding for an Electronic Recycling Event with Midwest Electronic Recovery for Saturday, April 24, 2010, from 9:00-11:00 A.M. the fee structure for the collection event are as follows:
- Monitors 17” and under $4.50
- Monitors 19” and up $7.00
- TV’s 19” and under $7.00
- TV’s 21” and up $9.00
- Console and Projection TV’s $12.00
- All other equipment is free of charge
- Midwest Electronic Recovery personnel $25.00 per hour per employee
second by Linda Bendixen.
Roll call vote:
AYES: Linda Bendixen, Marty Bruns, Dick Olson, Nancy Melsa, Bob Rampulla
NAYS: None
Resolution #10-060 adopted.
Resolution approving a Community Shred it Day with Shred-It, Ltd. on Saturday, April 24, 2010 and authorizing City staff to sign the Client Service Agreement with Shred-It Services
The City Council has scheduled an annual Community Shred-it Day with Shred-It, Ltd on Saturday, April 24, 2010 from 9:00 – 11:00 A.M.
Marty Bruns presented RESOLUTION #10-061 approving a Community Shred-It event for the shredding of confidential materials on Saturday, April 24, 2010, from 9:00-11:00 A.M. at no charge and to authorize staff to sign the Client Service Agreement with Shred-it Services with the following provisions:
- If the event is cancelled a $125.00 fee will be charged
- If the event exceeds the two hour time period, $4.75 per minute will be charged
second by Bob Rampulla.
Roll call vote:
AYES: Marty Bruns, Bob Rampulla, Linda Bendixen, Dick Olson, Nancy Melsa
NAYS: None
Resolution #10-061 adopted.
Resolution approving a Community Collection Event for Household Hazardous Waste on Saturday, April 24, 2010 and authorizing the Mayor to sign the Memo of Understanding with Cedar Rapids/ Linn County Solid Waste Agency
The City Council has scheduled an annual Community Collection Event for household hazardous waste with Cedar Rapids/Linn County Solid Waste Agency on Saturday, April 24, 2010 from 9:00 – 11:00 A.M.
Bob Rampulla presented RESOLUTION #10-062 approving a Community Collection Event for household hazardous waste on Saturday, April 24, 2010, from 9:00-11:00 A.M. at no charge and to authorize the Mayor to sign the Memo of Understanding with Cedar Rapids/Linn County Solid Waste Agency, second by Marty Bruns.
Roll call vote:
AYES: Nancy Melsa, Linda Bendixen, Marty Bruns, Dick Olson, Bob Rampulla
NAYS: None
Resolution #10-062 adopted.
Mayor Theis informed the Council that Kim Downs, City Clerk checked with the League and next year all three of these events will be placed in the consent agenda because they are a part of an event that occurs every year. Council agreed that these itemsbe placed in the consent agenda next year.
Not to exceed $250,000 General Capital Loan Notes, Series 2010B
Finance Director, Cindy Kudrna explained that this loan agreement and issuance of Notes was added to the agenda because when it first went before Council on February 17, 2010, the deadline of no less than 10 days no more than 20 for publication for this item was not met. By bringing this item back before Council, this provision will allow the City to meet and comply with the requirements.
Dick Olson presented RESOLUTION #10-063 ratifying, confirming and approving publication of Notice of Public Hearing for General Capital Loan Notes, Series 2010B, not to exceed $250,000, second by Bob Rampulla.
Roll call vote:
AYES: Linda Bendixen, Marty Bruns, Nancy Melsa, Bob Rampulla, Dick Olson
NAYS: None
Resolution #10-063 adopted.
MayorTheis announced that this was the time and place for the public hearing and meeting on the matter of authorization of a Loan Agreement and the issuance of Notes not to exceed $250,000 to evidence the obligation of the City thereunder at 7:15 P.M.
No petitions were filed prior to the public hearing. Public hearing closed at 7:15 P.M.
Marty Bruns presented RESOLUTION #10-064 instituting proceedings to take additional action for the authorization of a loan agreement and the issuance of General Capital Loan Notes, Series 2010B not to exceed $250,000, second by Dick Olson.
Roll call vote:
AYES: Marty Bruns, Bob Rampulla, Nancy Melsa, Linda Bendixen, Dick Olson
NAYS: None
Resolution #10-064 adopted.
$665,000 General Obligation Refunding Capital Loan Notes, Series 2010A
$665,000 General Obligation Refunding Capital Loan Notes, Series 2010A requires Council action to authorize issuance of Notes. Resolution appointing Registrar and Paying Agent appoints Bankers Trust Company, N.A. of Des Moines, Iowa to serve as Registrar. Resolution amending the resolution authorizing the issuance of the Notes incorporates by reference the form of the Tax Exemption Certificate. Tax Exemption Certificate sets out in detail the facts, promises and obligations which must be met and agreed to by the City in order to maintain these Notes as tax exempt.
Marty Bruns presented RESOLUTION #10-065 appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Note Registrar and Transfer of Agent, approving the Paying Agent and Note Registrar and Transfer Agent Agreement and authorizing the execution of the agreement, second by Linda Bendixen.
Roll call vote:
AYES: Dick Olson, Nancy Melsa, Bob Rampulla, Linda Bendixen, Marty Bruns
NAYS: None
Resolution #10-065 adopted.
Bob Rampulla moved the approval of Tax Exemption Certificate for $665,000 General Obligation Refunding Capital Loan Notes, Series 2010A, second by Dick Olson. Motion carried.
Mayor Pro-Tem, Bendixen asked if these resolutions were being approved to refinance the bonds that have been issued. Finance Director, Cindy Kudrna stated that they were.
Dick Olson presented RESOLUTION #10-066 amending the Resolution authorizing the issuance of $3,000,000 General Obligation Capital Loan Notes, Series 2010 and levying a tax for the payment thereof, passed and approved on February 17, 2010, by substituting a new Resolution thereof, for a revised loan issue in the total aggregate amount of $665,000, second by Marty Bruns.
Roll call vote:
AYES: Nancy Melsa, Dick Olson, Marty Bruns, Bob Rampulla, Linda Bendixen
NAYS: None
Resolution #10-066 adopted.
Discussion Regarding Purchase of Real Estate located at 155 Robins Road
City Attorney, Mark Parmenter provided the Council with a draft Offer to Buy Real Estate and Acceptance for property located at 155 Robins Road. He explained that the seller is responsible for all back taxes up until the closing date. The City has the option to conduct Phase I Environmental Site Assessment which is not currently listed on the agreement. The seller is including a unique provision to the agreement that if the City decides not to go through with the purchase of the property, the owner could go to court to get a ruling to require the City to purchase the property. This provision gives the seller additional assurance that the deal will go through. The City will include in the agreement that the outstanding water bill with the Hiawatha Water Department must be paid in full before closing.
Dick Olson presented RESOLUTION #10-067 authorizing staff to enter into a purchase agreement for the property located at 155 Robins Road, second by Bob Rampulla.
Roll call vote:
AYES: Dick Olson, Bob Rampulla, Marty Bruns,
NAYS: Nancy Melsa, Linda Bendixen
Resolution #10-067adopted.
Closed Session as per Iowa Code Chapter 21.5(j) to Discuss the Purchase of Particular Real Estate
Bob Rampulla moved to enter into closed session as per Iowa Code Chapter 21.5(j) to discuss the purchase of particular real estate at 7:22 P.M., second by Marty Bruns.
Roll call vote:
AYES: Linda Bendixen, Nancy Melsa, Marty Bruns, Bob Rampulla, Dick Olson
NAYS: None
Bob Rampulla moved to go out of closed session and enter into regular session at 8:24 P.M., second by Marty Bruns.
Roll call vote:
AYES: Nancy Melsa, Dick Olson, Marty Bruns, Linda Bendixen, Bob Rampulla
NAYS: None
Action Regarding Purchase of Certain Real Estate
Bob Rampulla presented RESOLUTION #10-068 authorizing the commercial purchase of Property “A”, the purchase agreement will reflect $185,000 in cash with the contingencies previously discussed with City Attorney, second by Dick Olson.
Roll call vote:
AYES: Dick Olson, Bob Rampulla, Marty Bruns
NAYS: Nancy Melsa, Linda Bendixen
Resolution #10-068 approved.
Bob Rampulla moved to adjourn the meeting at 8:29P.M., second by Marty Bruns. Motion carried.
Thomas A. Theis, Mayor
ATTEST:
Kelly Kornegor, Deputy Clerk