CITY COUNCIL PROCEEDINGS

 

April 3, 2008

 

 

            The City Council met at 5:00 p.m. in regular session with Mayor Wood presiding.  Council present:  Griffith, Wood, Booth, Henningsen, Zimmerman.

            Guests in attendance:  Jim Hansen, Izetta Dierking, Linda Booth, Darren Tooley.

            City staff in attendance:  Wayne Rush, Jim Blum, Terri Abel.

            Motion by Griffith, seconded by Booth to approve the agenda.  Ayes:  Zimmerman, Henningsen, Griffith, Wood, Booth.  Carried.

            Motion by Henningsen, seconded by Griffith to approve the preceding month’s minutes and Library minutes.  Ayes:  Booth, Henningsen, Wood, Griffith, Zimmerman.  Carried.

            There was no Treasurer’s report available at the time of the Council meeting.  Motion by Booth, seconded by Zimmerman to approve the Clerk’s report.  Ayes:  Griffith, Henningsen, Booth, Zimmerman, Wood.  Carried.

            The Council members reviewed Pay Request #3 in conjunction with the ongoing Water Treatment System Improvements Project.  Blum commented that construction will begin as soon as the weather allows. 

Motion by Griffith, seconded by Henningsen to approve Pay Request #3 in the amount of $70,416.85 in favor of Oakview Construction, Inc.  Ayes:  Booth, Henningsen, Griffith, Wood, Zimmerman.  Carried.

Jim Blum, on behalf of four property owners, requested the City’s financial participation in the replacement of residential sidewalk.  The properties are as follows:  72’ of sidewalk in front of the Bruce and Carol Rosenbaum residence at 607 Atlantic Street; 98’ of sidewalk in front of the Shannon and Teresa Griffith residence at 600 Antique City Drive; 61’ of sidewalk in front of the Richard Haire and Mary Jackman residence at 604 Antique City Drive; and 41’ of sidewalk in front of the Kenneth and Linda Jones residence at 305 Atlantic Street.  The current request for sidewalk replacement totaled 272 feet at the City’s cost of $1,360.00.  Blum requested that the sidewalk replacement be included in the program for FY 07-08 since the $5,000.00 annual allocation had not as yet been expended.  Jim also reminded the Council members that they had approved sidewalk replacement at the Vic Nielsen property at the last regular City Council meeting.  Since the meeting, Blum had measured Nielsen’s sidewalk, which totaled 52 feet that is in need of replacement.  Blum also stated that he would like to include Nielsen’s sidewalk replacement in the residential sidewalk program for the current fiscal year.  By including Nielsen’s sidewalk, the current request would total $1,620.00. 

The Council members reviewed the requirements of participation in the residential sidewalk program.  After the completed sidewalk has been inspected by the City Superintendent, the City will reimburse property owners for sidewalk replacement at $5.00 per running foot.  Because the City has not yet exhausted the total $5,000.00 allocated for FY 07-08, Blum’s request was to include the detailed five properties in the sidewalk allocation for the current fiscal year.

Motion by Griffith, seconded by Booth to approve the City’s financial participation in residential sidewalk replacement at property owned by Bruce and Carol Rosenbaum at 607 Atlantic Street; Shannon and Teresa Griffith at 600 Antique City Drive; Richard Haire and Mary Jackman at 604 Antique City Drive; and Kenneth and Linda Jones at 305 Atlantic Street.  Ayes:  Henningsen, Griffith, Zimmerman, Wood, Booth.  Carried.

There was no decision made regarding the City’s financial participation in the repair of sidewalk at Walnut Community School.  Blum reported that the school had not as yet received a bid for sidewalk repair.  This item of discussion is to appear on the agenda for the next regular City Council meeting.

There was no discussion of park mowing.

Relative to Fire Department discussion, the Council members considered the Fire Department’s recommendation of Darrell Stamp as Fire Chief.

Motion by Booth, seconded by Zimmerman to approve the Fire Department’s recommendation of Darrell Stamp as Fire Chief.  Ayes:  Wood, Griffith, Henningsen, Booth, Zimmerman.  Carried.

Breck Henningsen, who is a member of the City Council as well as a member of the Fire Department, reported that the Fire Chief had made arrangements for the Fire Department to receive a used Ford Explorer at no cost.  Henningsen reported that some of the members of the Fire Department were upset about the acquisition because they had not been previously informed.  Breck also commented that even if the vehicle was free, there would still be upkeep and the cost of insurance to consider.  He also noted that the Fire Department had not requested approval from the City Council prior to obtaining the vehicle.  Henningsen was not certain of the status of the vehicle, whether the Department had kept the vehicle or whether the vehicle had been returned.  Booth questioned the purpose for the vehicle.  Henningsen stated that the Explorer was intended to be an instant command vehicle; the vehicle would also be driven to fire schools and other training for the members of the Fire Department.  Currently the City pays the Department members mileage when they drive their personal vehicles to training opportunities. 

Henningsen stated that he would attempt to obtain further information concerning the vehicle, and he would report back to the City Council. 

Relative to discussion of the Walnut Housing Rehabilitation Program, Abel reported that work had begun at the Raymond McLaughlin residence, which is located at

609 Antique City Drive.  McLaughlin’s dwelling will be the last house that is rehabilitated in conjunction with the current program.

            Jim Hansen was present at the Council meeting to introduce Darren Tooley as the new Civil Defense Director.  Hansen stated that he was retiring as the City’s Civil Defense Director after twenty years of service.  He reported that Darren Tooley had volunteered to take over his position.  Mayor LaVonne Wood thanked Hansen for his many years of service to the community, and she welcomed Tooley to the position.

Motion by Booth, seconded by Henningsen to approve Darren Tooley to replace Jim Hansen as Civil Defense Director.  Ayes:  Wood, Zimmerman, Henningsen, Booth, Griffith.  Carried.

A lengthy discussion followed regarding the possible adoption of a resolution transferring $65,624.32 from the General Fund into the Local Option Capital Improvements Fund.  Abel explained that during the review of the recent City Audit by a manager at the State Auditor’s Office, the recommendation had been made to make a corrective transfer from the General Fund into the Local Option Capital Improvements Fund.  According to the manager, when originally voting for the implementation of a local option sales tax, the residents of Walnut voted that 90% of the tax would be used for infrastructure expenses and 10% of the tax would be used for property tax relief.  Abel indicated that she had been monthly depositing 90% of the local option sales tax proceeds into the General Fund and 10% of the local option sales tax proceeds into the Local Option Capital Improvements Fund.  Abel indicated that she had felt that there were more than enough infrastructure expenses paid from the General Fund to cover the 90% of LOST money that was to be spent for infrastructure expenses.  Abel stated that she had considered expenses for major equipment purchases, such as the purchase of an ambulance, as an infrastructure expense.  However, the audit manager disallowed any expenses for equipment as infrastructure expenses.  The audit manager had requested that Abel calculate all disbursements or transfers made for infrastructure from the General Fund and any disbursements made for infrastructure from Water and Sewer if funded from user charges, but not infrastructure financed with debt.  Abel was also instructed to compile a listing of the total LOST received, including the amount credited to the General Fund and the amount credited to capital projects for fiscal 2003, 2004, 2005, 2006, and 2007.  She was requested to compile a listing of the City’s infrastructure disbursements and transfers made from the General Fund and the Water and Sewer funds if funded from user charges for fiscal 2003, 2004, 2005, 2006, and 2007.  After compiling all of the information and forwarding it to the Auditor’s Office, the audit manager informed Abel that her recommendation would be to make a corrective transfer of $65,624.32 from the General Fund into the Local Option Capital Improvements Fund. 

The Council members reviewed the General Fund balance as included in the Clerk’s report.  The General Fund has a current balance of approximately $127,000.00.  The Hi Fi Account, which is also General Fund money, has a current actual balance of $62,523.03.  Abel noted that the corrective transfer would essentially transfer the excess General Fund money that is currently in the Hi Fi Account into the Local Option Capital Improvements Fund.  She noted that it would be her intent to close the Hi Fi Account and transfer all of it plus the remaining approximately $3,000.00 from the General Fund into the Local Option Capital Improvements Fund. 

Abel noted that the corrective transfer could be viewed as beneficial because the increased revenue in the Local Option Capital Improvements Fund could be utilized for a curb and gutter project, which has been badly needed for a long time.  However, the corrective transfer could also be viewed as detrimental because the balance in the General Fund would be compromised.  Accordingly, the General Fund balance would no longer benefit from future receipt of 90% of local option sales tax revenue.  Abel indicated that in the future, she would be required to transfer 10% of LOST into the General Fund and 90% of LOST into the Local Option Capital Improvements Fund.  She stated that it would be her intent in the future to transfer back money from the Local Option Capital Improvements Fund into the General Fund for any disbursements or transfers made for infrastructure expenses.  However, if equipment expenses could not be considered as infrastructure expenses, it would certainly not be possible to transfer all of the LOST revenue back into the General Fund.  The balance in the General Fund would, likewise, eventually suffer.  The receipt of hotel motel tax should help to increase the General Fund balance, but it will not be enough to offset the diminished LOST revenue.    

The audit manager stated that she believed that when the voters of Walnut went to the polls to vote concerning the implementation of a local option sales tax, they believed that 90% of the receipts would be used for infrastructure expenses, not for the purchase of equipment.  Abel stated that the expenditures that were made for water main improvements and water plant improvements would be considered infrastructure expenses, however, the expenditures could not be taken into consideration for the calculation of analyzing the City’s use of LOST credited to the General Fund because the infrastructure was financed with debt. 

Street administration expenses were disallowed by the audit manager as infrastructure expenditures.  The Council members all agreed that they considered the administration that is required for streets, including the cost of street equipment, tools, and repairs, as street infrastructure expenses.  Booth stated that such street expenses should have been considered and included in analyzing the City’s use of LOST credited to the General Fund. 

Booth suggested that perhaps the Council consider putting the matter of local option sales tax back on the ballot to request that the public broaden the definition of infrastructure to include the purchase of equipment.  Abel indicated that the Council would not be able to broaden the definition of infrastructure, but the question on the ballot could broaden the use of local option sales tax to include the purchase of equipment. 

Abel reported that the audit manager had volunteered to discuss and explain her recommendation to the members of the City Council.  The Council members felt that her travel to Walnut would only increase the cost of the audit, and they did not feel that her explanation would be necessary. 

All of the Council members agreed that most of the voters in Walnut had no idea of the definition of infrastructure when they voted for 90% of the revenue from LOST to be used for infrastructure expenses.  Booth felt that the purchase of equipment should be considered an infrastructure expense; however, the definition of infrastructure that was provided by the audit manager did not include equipment.  The definition of infrastructure stated that infrastructure is long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets.  Examples of infrastructure assets include roads, bridges, tunnels, drainage systems, water and sewer systems, dams, and lighting systems.  Abel stated that the members of the City Council had purposely decided that the word infrastructure should be included on the ballot question in order to give the Council a broad choice of where to spend the LOST funding.    

Both Griffith and Booth questioned what would happen should the Council choose to forego making a corrective transfer from the General Fund into the Local Option Capital Improvements Fund.  Abel could not answer the question, but she stated that she has always felt that the City should comply with any audit recommendations that are made.  But Abel was clear that she did not agree with the opinion that equipment was not infrastructure.

Booth once again made the suggestion that the Council put the matter back on the ballot, broadening the purpose for which the LOST funds could be spent.  Booth also felt that perhaps it would be advantageous for the City Council to invite the audit manager to a Council meeting to explain that the City Council did not believe that it was going against the intent of the voters when spending LOST revenue.  Booth stated that he thought that Abel should inform the State Auditor’s Office that the City Council did not want to comply with the recommendation concerning a corrective transfer of funds.     

            Abel stated that the City Council would be able to use the Local Option Capital Improvements Fund for any infrastructure expense, including water or sewer lines.  She also indicated that at the end of each fiscal year, she would calculate the amount of General Fund money that was spent for infrastructure, and she would prepare a resolution to reimburse the General Fund from the Local Option Capital Improvements Fund. 

            Abel reminded the Council members that the transfer did not diminish the amount of funding available to the City; the transfer would diminish the City’s flexibility to spend the funding.  Booth again made the comment that he did not feel that the voters intent was to prohibit the City Council from spending LOST funding for equipment purchases.       

During the course of the discussion, Abel indicated that she hoped to receive the full audit report before the next regular City Council meeting.  When the audit report arrives, it will be available for Council review.      

Motion by Booth, seconded by Griffith to adopt Resolution 08-04-01, A RESOLUTION TRANSFERRING FUNDS FROM THE CITY’S GENERAL FUND INTO THE LOCAL OPTION CAPITAL IMPROVEMENTS FUND.  Ayes:  Wood, Zimmerman, Henningsen, Booth, Griffith.  Carried.

It was reported to the Council that the budget for FY 2007-2008 should be amended by $15,000.00 in the program of Culture and Recreation, $115,000.00 in the program of Debt Service, and $15,000.00 in the program of Public Safety.  It appears that the original budget for the three functions will be overspent.  In order to spend more than what is allocated in any of the nine functions, it is necessary to amend the current budget.  The $15,000.00 amendment in the program of Culture and Recreation and the $15,000.00 amendment in the program of Public Safety were necessary because the audit mandated that the City include any expenditures that are made through separately maintained accounts, namely accounts that are held by the Walnut Public Library and the Walnut Volunteer Fire Department.  Even though the City had no records pertaining to expenditures that are made by the Fire Department through a separately maintained fund, it became necessary for the City to consider those expenditures and amend its budget when appropriate.  Likewise, any expenditures that were made by the Walnut Public Library through its memorial fund also had to be considered when amending the budget.  The $115,000.00 amendment in the program of Debt Service was necessary because Abel stated that she had included the debt service expenditure in the function of Business Type Activities, when it should have been included in the function of Debt Service.  

Motion by Griffith, seconded by Booth to amend the FY 2007-2008 budget by $15,000.00 in the program of Culture and Recreation, $115,000.00 in the program of Debt Service, and $15,000.00 in the program of Public Safety with the public hearing being set for Thursday, May 1, 2008 at 5:00 p.m.  Ayes:  Wood, Griffith, Booth, Henningsen, Zimmerman.  Carried.

            It was reported that general garbage pick-up will take place on Thursday,

April 24 and Friday, April 25, 2008.  General pick-up items will be collected west of Antique City Drive beginning on Thursday, April 24 at 7:00 a.m.  Nothing west of Antique City Drive will be collected for general pick-up after Thursday.  General pick-up items will be collected east of Antique City Drive beginning on Friday, April 25 at

7:00 a.m.  Regular trash collection for the entire community will be on the normal days beginning at 7:00 a.m. as usual.  A list of rules for general pick-up was distributed to the Council members for their review.  Appliances, including microwaves, water heaters, refrigerators, washers, dryers, stoves, dehumidifiers, freezers, and air conditioners can be included and will be picked up during general pick-up for a fee of $12.00 per appliance.  The fees will be billed by the City on an individual basis.  All shelves and drawers must be removed from refrigerators and freezers.  Garbage pick-up, weekly as well as general pick-up, is for Walnut citizens only.  Debris from outside Walnut is not welcome.  General garbage pick-up is intended for residential customers only.  Businesses are not allowed to participate in the general garbage pick-up program.  A notice of the upcoming general garbage pick-up will be published in the Walnut Bureau and posted in the window at City Hall. 

Relative to discussion of City maintenance, Blum distributed a summary graph of the amount of water that was pumped per month during the years 2002 until March of 2008.  Each year was color coded.  The graph revealed that the amount of water that has been pumped has continued to decrease since 2002.  The decrease is partly due to the repair of water mains, the replacement of leaking water mains, and the recent water distribution system improvements that were accomplished in 2005.  The amount of pumped water has drastically decreased since the old cast iron water mains were replaced.  The amount of water loss has consistently improved since 2002. 

Blum also distributed a graph showing millions of gallons pumped per year.  Data was included on the graph from 1989 until the end of 2007.  In 2000, the City pumped 70 million gallons of water compared to 32 million gallons in 2006 and 2007.  The graphs are on file in City Hall.

Blum reported that the City men are planning to exercise water valves within the week, and the water tower will be inspected within the month. 

Jim stated that he had discussed the repair of the brick streets with the contractor from Omaha.  The contractor is planning to complete the project this spring.  As soon as the weather allows, the City men are planning to obtain the used brick for the project.  The brick repair project will take two to three days to complete.

Blum stated that he had discussed the repair of Pilling Street and Country Street with a representative of Western Engineering.  He also indicated that he had talked to contractors about the possibility of filling cracks on Antique City Drive, G-16, and Jones Street.  Blum will obtain bids before any work is accomplished. 

Jim reported that he is planning to attend a wastewater meeting within the week.

Booth commented that the Interstate ramps have deteriorated and are in relatively poor shape.

Regarding Mayor items or announcements, the Council members were provided

with information pertaining to a petition that has been filed in the Office of the Clerk of Court for Pottawattamie County naming the City as the defendant in an action.  According to the petition, on or about June 14, 2007, nine-year-old Alex Bothwell was riding his bicycle along a City street and was clothes-lined on the neck by a rope suspended across the street.  The petition alleged that the City of Walnut was negligent in installing the suspended rope and maintaining it without providing adequate warning of the danger.  Mayor Wood reported that Ed Ransom, the City’s insurance agent, had assured her that the City’s insurance company is handling the matter on the City’s behalf.  Wood also stated that the action makes her apprehensive about closing City streets for any future events.  Blum stated that the City men used highly visible yellow rope when closing streets for the Antique Walk as well as a barricade from which the ropes were suspended.  Jim was curious whether the City’s insurance company would have any guidance concerning closing the streets in the future.  Blum also commented that many times the ropes have been taken down during the Antique Walk to transport merchandise into and out of the show area. 

            Relative to Council items or announcements, Booth reported that the quarterly inspection of City property has not yet been completed.  Booth stated that he has noticed that a speed limit sign is missing on North Street, east of Antique City Drive.  Blum commented that the City men are aware of the problem, and he assured Booth that the speed limit sign will be replaced.     

The Council members were provided with information concerning two upcoming workshops.

The Smart Economic Development Conference, sponsored by the Iowa Department of Economic Development, will be held on Thursday, May 8, 2008 from 8:00 a.m. until 3:00 p.m. at the Polk County Convention Complex in Des Moines.  Abel was instructed to register Tony Zimmerman for the conference.

The Iowa League of Cities Small City Workshop will be held on June 26, 2008 from 6:00 p.m. until 8:30 p.m. at the Griswold Community Building.

There were no public items or announcements.

Motion by Booth, seconded by Zimmerman to pay the following bills and issue warrants for the same.  Ayes:  Henningsen, Griffith, Booth, Wood, Zimmerman.  Carried.

#14648  Iowa League of Cities, training                                                                        40.00

#14649  Terri Abel, wages                                                                                         958.14

#14650  James Blum, wages                                                                                       967.47

#14651  Wayne Rush, wages                                                                                     778.40

#14652  Shannon Wood, wages                                                                                 318.20

#14653  Wellmark Blue Cross Blue Shield, employee insurance                               3,948.88

#14654  Herb Wood, hauling; rent of dumpsters; recycling fee                                 3,010.00

#14655  U.S. Postmaster, billing postage                                                                      99.84

#14656  Ray McLaughlin, meal allowance, Housing Rehabilitation Program                 162.50

#14657  Super 8 Motel, temporary relocation fees, Housing Rehab. Program              740.74

#14658  Terri Abel, wages                                                                                         958.14

#14659  Karri Bennett, wages                                                                                    240.95

#14660  James Blum, wages                                                                                       967.47

#14661  Tamie Langlois, wages                                                                                    99.50

#14662  Margo Matthies, wages                                                                                899.10

#14663  Wayne Rush, wages                                                                                     778.40

#14664  Shannon Wood, wages                                                                                 290.64

#14665  Terri Abel, wages                                                                                         227.32

#14666  James Blum, wages                                                                                       270.70

#14667  Wayne Rush, wages                                                                                     162.56

#14668  Advanced Water Technology, Calciquest; chlorine                                        604.39

#14669  Benefit Services Plus Administrators, employee insurance                                99.96

#14670  Bro Business Center, copy maintenance; supplies                                          157.81

#14671  Cappel’s, repairs to water salesman                                                                27.92

#14672  Carley Drug Co., shipping fees                                                                        57.38

#14673  City of Atlantic, sewer tests                                                                           300.00

#14674  City of Walnut, water deposit to account                                                         50.00

#14675  Continental Research Corp., deodorizer                                                        181.47

#14676  Countryside Trucking, trucking of gravel                                                        290.57

#14677  Dona Grooms, Treasurer fee                                                                         100.00

#14678  Internal Revenue Service, Federal withholdings                                              726.43

#14679  Ingram, books                                                                                              137.82

#14680  Iowa Association of Municipal Utilities, membership dues                              384.34

#14681  Iowa State University, training – fire school                                                     50.00

#14682  Iowa Water Pollution Control, training – Blum                                                 36.00

#14683  IPERS, withholdings                                                                                  1,034.94

#14684  Kasperbauer Cleaners, Inc., cleaning floor mats                                              42.86

#14685  Kathy Hansen, cleaning City Hall                                                                    32.00

#14686  Kum & Go, fuel                                                                                            669.84

#14687  Margo Matthies, Library supplies; DVD’s; books                                         303.12

#14688  Internal Revenue Service, Medicare withholdings                                           301.69

#14689  MidAmerica Books, books                                                                             90.65

#14690  MidAmerican Energy Co., gas & electricity                                                4,636.04

#14691  Morton Salt, salt                                                                                        2,982.63

#14692  Myrtue Memorial Hospital, ambulance supplies                                               97.46

#14693  Oakview Construction, Inc., Pay Request #3, Water Plant Project           70,416.85

#14694  Pott. Co. Sheriff’s Office, Apr., May, Jun., 2008, police protection            3,836.88

#14695  Pott. Co. Treasurer, landfill fees                                                                 1,372.00

#14696  Salvo, Deren, Schenck & Lauterbach, consults                                               56.00

#14697  Internal Revenue Service, Social Security withholdings                                1,289.72

#14698  Sorensen Equipment Co., tractor repair                                                         119.29

#14699  Taste of Home, subscription                                                                            29.98

#14700  Treasurer of State, 1st quarter sales tax                                                       2,197.79

#14701  Treasurer, State of Iowa, State withholdings                                               1,061.37

#14702  U.S. Postmaster, postage                                                                              123.00

#14703  Verizon Wireless, cell phones                                                                        101.62

#14704  Walnut Bureau, publication                                                                           171.58

#14705  Walnut Telephone Co., phone; Internet; fax                                                   279.38

          Summary of Receipts:  General, 15,345.74; Road Use Tax, 7,472.38; Trust & Agency, 1,444.24; Water, 9,359.55; Sewer, 2,461.07; Local Option Capital Improvements Fund, 683.44; Water Revenue Bond Sinking Fund, 1,650.00; Customer Water Deposit, 103.49; TIF Fund, 2,114.19; Hi Fi Account, 5.31; IPAIT Account, 4.75; TOTAL:  40,644.16.

          Meeting adjourned, 6:00 p.m.

 

 

 

 

________________________________    __________________________________

  LaVonne Wood                                               Terri L. Abel

  Mayor                                                              City Clerk