City of Spirit Lake Regular City Council Meeting 5:30 p.m. Tuesday, May 8, 2012 City Council Chambers Present: Mayor Andera Councilmembers Balm, Harbst, Bice, Ihrke and Thee MINUTES Motion by Bice seconded by Harbst to approve the minutes of the April 24th council meeting. Motion carried unanimously. BILLS Motion by Bice seconded by Harbst to approve the bill list for the month of May, 2012. Motion carried unanimously. IAMU MINNESOTA CHILD SUPPORT PMT PETTY CASH AMERICAN FAMILY LIFE ASSURANCE IAMU ING LIFE INS. & ANNUITY CO. MINNESOTA CHILD SUPPORT PMT SECURE BENEFITS SYSTEMS STATE BANK - PARTIAL SELF FUND VERIZON WIRELESS WADDELL & REED WELLMARK EMC NATIONAL LIFE EMPLOYEE BENEFIT SYSTEM INC HASCHE/JANET IOWA LAKES REGIONAL WATER LOWRY/DALLAS STEVENS/MARK VERIZON WIRELESS VOSS/BOB WALMART COMMUNITY/GEMB WASTE MANAGEMENT OF WI-MN WINDSTREAM XEROX CORPORATION ACS BERNINGER/DAVE CENTURY LINK CHASE CARD SERVICES CITY:BEV RUBEL DOHLMAN/DWIGHT DYNO OIL CO. INC. GURITZ/MEGAN IA LAKES ELECTRIC CO-OP MARCO MEDIACOM LLC STATE BANK - PARTIAL SELF FUND TOTALFUNDS BY HASLER U.S. POSTMASTER WASTE MANAGEMENT OF WI-MN A-ONE WATER SPECIALIST AMY PAS BARNES DISTRIBUTION BECK ENGINEERING, INC BECK EXCAVATING, INC BOMGAARS SUPPLY INC BROCKSHUS/ROGER CAMPUS CLEANERS & LAUNDERERS CARROLL DISTR&CONSTR.SUPPLY CC SCREEN PRINTING MEETING REGISTRATION WAGE ASSIGNMENT POSTAGE SUPPLEMENTAL INS ADDL REGISTRATION FEE ANNUITY WAGE ASSIGNMENT CAFETERIA PLAN CLAIMS PD 4/13/2012 CELL PHONE & INTERNET ANNUITY HEALTH & DENTAL PREM MAY POLICE LIFE PREM MAY ADMIN FEE IMFOA CONFR MOTEL&MI PURCHASED SERVICES REIMBR FUEL GBG TRUCK MI REIMBR CITY USE VEH CELL PHONE SERVICE REIMBR MEETINGS EXPENSES SUPPLIES LANDFILL CHGS APR 1-15 TELEPHONE COPIER MAINT CONTRACT TOTAL SUPPORT AGREEMENT WATER DEPOSIT REFUND TELEPHONE COMPUTERS WATER DEPOSIT APPLIED MILEAGE REIMBR GAS & FUEL FOR VEH & EQU WATER DEPOSIT REFUND ST LITE UTILITIES COPIER MAINT CONTRACT INTERNET TO COVER CLAIMS 4/10/12 POSTAGE FOR METER STAMPS FOR POLICE DEPT LANDFILL CHGS MAR 16-31 SERVICES CONCRETE SIGN AT GRN WST SIGN BRACKETS SERV:PLANS,SPECS&CONTRCT PAY EST #1 SUPPLIES REIMBR CELL PH USE TOWEL & RUG SERVICE CONCRETE MESH LOGOS EMBROIDERED 80.00 171.66 48.62 1,071.62 20.00 200.00 171.66 1,756.26 3,747.58 738.86 100.00 26,686.86 229.50 304.00 424.62 52.10 20.00 312.40 222.84 299.97 185.00 7,543.02 494.50 27.00 2,472.00 50.00 332.84 3,590.82 50.00 286.34 9,944.77 50.00 985.35 122.12 309.85 4,100.16 500.00 45.00 8,468.84 28.75 65.00 667.53 26,690.25 119,448.12 480.70 10.00 50.36 105.00 44.65 CERTIFIED TESTING SERVICE INC CITY CLERK CITY: RICHARD KILGORE COHRS CONSTRUCTION, INC. CORNELL ABSTRACT COMPANY CUTTING EDGE SALES & SERVICE D&K REPAIR DICKINSON CO ANIMAL CLINIC DICKINSON CO CONSERV. BOARD DICKINSON CO ENGINEER DICKINSON CO NEWS DICKINSON CO.AIRPORT AUTHORITY DISCOVERY HOUSE FAREWAY STORES, INC. FERGUSON GARDEN CENTER FICK'S ACE HARDWARE FOX INTERNATIONAL, INC. GALEN'S PRO-MOW GALL'S INC. GREAT LAKES AUTO PARTS H & H RECYCLING HAWKINS, INC IA LAW ENFORCEMENT ACADEMY INLAND TRUCK PARTS JIM BLUM SURVEYING KOLLASCH WELDING & MACHINE KUOO L & C TIRE SERVICE LAKES AREA SENIOR CITIZENS LAKES AUTO SPORT & LUBE CENTER LAKES NEWS SHOPPER LAKES PRINTING LARRY ACHENBACH MAAHS & OWENS MATHESON TRI-GAS, INC MICHAEL S WEBB MUESKE ELECTRIC INC. MUNICIPAL SUPPLY INC. OKOBOJI TOURISM PARTS CITY REEKERS/CLARK REGIONAL TRANSIT AUTHORITY SMITH/JERRY SPIRIT LAKE CHAMBER COMMERCE SPIRIT LAKE KIWANIS SPIRIT LAKE READY MIX STAPLETON/CLINTON STOREY-KENWORTHY CO. T&T MATS U.S. POSTMASTER SOILS TESTING UTILITY BILLS WATER DEPOSIT APPLIED GRAVEL: GREEN WASTE SITE OWNER INFO NUISANCE ABAT PARTS & LABOR VEHICLE REPAIR BOARDING RECYCLE BRN & WHT GOODS MAINT AGREEMENT 2011-12 LEGALS PUBLISHED AIRPORT SUPPORT AGRMNT MAY AGREEMENT SUPPLIES MULCH FOR TREE PLANTING SUPPLIES PARTS REPAIRS SAFETY LIGHTS & CONES PARTS 74.44 TONS RECYCLE CHEMICALS TRAINING REGISTR/TIREVLD PARTS SURVEYING METAL "ONE CALL" AD SPOTS RECAPPED TIRES SUPPORT AGRMNT MAY VEHICLE REPAIR '02 EXPLR CLEAN UP DAYS AD PRINTING:AN.IMPND&INCDNT WINDSHIELD REPAIR MAR LEGAL SERVICES WELDING SUPPLIES RELEASE RETAINAGE SUPPLIES TOUCH PADS 2ND 1/2 FY'12 SUPPORT PARTS & SUPPLIES CLEANING @ CITY HALL 3RD QTR SERVICES COMPUTER TECH SUPPORT 4TH QTR SUPPORT FY'12 22.41 TON RECYCLE PAPER READY MIST FOR GAZEBO REIMBR CELL PH USE SUPPLIES MATS PERMIT#18 PREPAY POSTAGE Final Totals... 561.75 451.14 50.00 682.08 110.00 91.30 164.80 50.00 724.00 3,740.00 384.61 500.00 1,000.00 36.93 377.91 104.91 51.10 62.30 358.41 14.79 7,880.00 3,233.36 475.00 178.35 1,385.00 24.00 100.00 678.29 375.00 294.22 104.55 417.23 230.00 2,546.25 72.76 1,891.00 336.20 236.43 15,000.00 464.76 475.00 2,250.00 455.00 10,250.00 336.15 647.75 10.00 150.06 15.50 1,100.00 284,934.41 LIQUOR LICENSE Motion by Bice seconded by Harbst to approve a Class C Beer Permit and Wine Carryout Permit for HyVee Store, Class C liquor license for Sportsman’s LLC and Class C liquor license for Dickinson County Agricultural Society. Motion carried unanimously. TAXI PERMIT Motion by Bice seconded by Harbst to approve a Taxi Permit for Harley Rides. Motion carried unanimously. TRANSFER AND MANUAL JOURNAL ENTRIES Motion by Bice seconded by Harbst to approve the transfers and manual journal entries for January – April, 2012. Motion carried unanimously. Items affecting cash, recorded by manual journal entry: January, 2012 February, 2012 March, 2012 April, 2012 Liberty Bank ACH 941 deposit $17,793.13 16,561.84 15,846.77 16,344.09 NW Bank ACH 941 deposit $16,527.23 15,861.77 15,302.70 16,076.02 Treas. St IA ACH state w/h tax $6,939.00 6,015.00 5,874.00 6,207.00 IPERS ACH Ipers $23,837.27 20,423.14 19,808.87 21,001.23 Treas St. IA EPAY state tax $7,302.00 6,895.00 5,816.00 7,576.00 Treas St IA EPAY SUTA 7,624.22 Collect Serv Ctr EPAY wage assn. $962.40 962.40 962.40 962.40 Direct Deposit Payroll $79,442.98 66,455.23 64,937.37 68,822.94 TOTAL: $152,804.01 $133,174.38 $136,172.55 $136,989.68 Transfers between funds per Budget January through April, 2012: From Water to Water Revolving Sinking Fund $79,886.64 for SRF requirements; from LOST to General Fund net 60% of LOST $104,000; from Water $540, Sewer $90, Sanitation $270 to General Fund for SHIELD; from water to WTP ’08 $0.14; from General Fund to Economic Development $150,000; to Center Lake Lighting $100, to Trust & Agency $35,000, from sewer to sewer improvement $125,000. CHANGE ORDER #1 FOR 2012 SOUTHEAST WATER MAIN PROJECT Motion by Ihrke seconded by Thee to approve the Change Order #1 to Beck Excavating, Inc. for the 2012 Southeast Water Main Project. Motion carried unanimously. RESOLUTION NO. 2012-43 RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Thee introduced and caused to be read Resolution No. 2012-43 and moved for its adoption, which was seconded by Bice. Aye: Thee, Balm, Harbst, Bice, Ihrke. Resolution duly adopted. TAX EXEMPTION CERTIFICATE Motion by Thee seconded by Bice to approve the tax exemption certificate. Motion carried unanimously. CONTINUING DISCLOSURE CERTIFICATE Motion by Thee seconded by Bice to approve the continuing disclosure certificate. Motion carried unanimously. RESOLUTION NO. 2012-44 RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,300,000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN NOTES, SERIES 2012, AND LEVYING A TAX TO PAY THE NOTES Thee introduced and caused to be read Resolution No. 2012-44 and moved for its adoption, which was seconded by Bice. Aye: Thee, Balm, Harbst, Bice, Ihrke. Resolution duly adopted. RESOLUTION NO. 2012-45 RESOLUTION APPOINTING BANKERS TRUST COMPANY OF DES MOINES, IOWA, TO SERVE AS PAYING AGENT, NOTE REGISTRAR, AND TRANSFER AGENT, APPROVING THE PAYING AGENT AND NOTE REGISTRAR AND TRANSFER AGENT AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT Ihrke introduced and caused to be read Resolution No. 2012-45 and moved for its adoption, which was seconded by Thee. Aye: Thee, Balm, Harbst, Bice, Ihrke. Resolution duly adopted. TAX EXEMTION CERTIFICATE Motion by Ihrke seconded by Thee to approve the tax exemption certificate. unanimously. Motion carried CONTINUING DISCLOSURE CERTIFICATE Motion by Ihrke seconded by Thee to approve the continuing disclosure certificate. Motion carried unanimously. RESOLUTION NO. 2012-46 RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $2,675,000 WATER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2012, OF THE CITY OF SPIRIT LAKE, STATE OF IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF THE NOTES Ihrke introduced and caused to be read Resolution No. 2012-46 and moved for its adoption, which was seconded by Thee. Aye: Thee, Balm, Harbst, Bice, Ihrke. Resolution duly adopted. DISCUSSION OF HILL AVENUE BOULEVARDS Dohlman explained the junipers located at the end of the boulevards along Hill Avenue and in other parts of the right-of-way are dying or showing signs of stress. Dohlman reported in lieu of replacing the junipers, staff has replaced the junipers with crushed red granite. Andera recommended the Betterment Committee review the options and make a recommendation to the Council. DISCUSSION OF ALLOWING ALL-TERRAIN VEHICLES ON CITY STREETS Brad Price, 16317 255th Ave; Tony Peterson, 1201 Fargo Avenue; Scott Wicks, 806 6th Street; and Rick Kraus, 612 11th Street, spoke in favor of year-around travel of all-terrain vehicles in Spirit Lake. Motion by Bice seconded by Harbst to refer the issue to the Public Safety Committee. COMMENTS BY PUBLIC Ryan Buckendahl, 1302 34th Street, explained to the Council the situation with his home on 34th Street. Assistant City Attorney Owens explained to the Council there is nothing at this time the Council can do as the district judge has already ruled on this matter. Jona Forbes, 2810 Center Lake Drive, discussed the discharge of unsanitary water from the city outlet into Center Lake. The Council directed Stevens to discuss the issue with Darin Peterson of the Water Department. COMMENTS BY MAYOR, COUNCIL AND STAFF Mayor Andera recognized Deputy City Clerk Janet Hasche for receiving the Iowa Municipal Clerk Certification and Iowa Certified Municipal Finance Officer designation from the IMFOA. Ihrke thanked city staff for their extra efforts picking up items for the citywide clean-up days. Stevens presented an update of the Memorial Park plans and cost of the project. ADJOURNMENT Motion by Ihrke seconded by Bice to adjourn the meeting. Motion carried unanimously ______________________________ Blain Andera, Mayor __________________________ Mark Stevens, City Administrator