COUNCIL MINUTES October 17, 2011 The City Council of the City of Knoxville, Iowa convened in regular session Monday October 17, 2011 at 6:15 p.m. in the City Hall Council Chambers. Mayor Don Zoutte presided and the following Council Members were present: Carolyn Formanek, April Verwers, Elsie Kemp, David Roozeboom and Bob Wims. Staffs present were City Manager Harold Stewart, City Clerk Heather Ussery, Deputy Clerk/Admin Assistant Jodi Bassett, Police Chief Dan Losada, Public Works Director Jeff May, Zoning Administrator Cindy Glick and Airport Manager Dan VanDonselaar. Mayor Zoutte asked for Citizen/Public Comments regarding items not on the agenda. Rodger Duven with Williams Funeral Home discussed the businesses current parking situation. Rodger also mentioned purchasing and adding off street parking at 701 E. Montgomery. Zoning Administrator Glick mentioned it would possibly take some variances due to the set back requirements. Council gave staff permission to proceed with surveying of lot lines for the property. An employee from Kum & Go asked for the city to consider passing an ordinance to require at least 2 employees on staff at 24-hour facilities. Employee stated Iowa City passed a similar ordinance recently. Council asked Attorney Bob Stuyvesant to check with Iowa City’s ordinance. Motion by Roozeboom; seconded by Kemp to approve the consent agenda as follows excluding #9 that will be discussed on item agenda, all ayes. 1. Approve City Council Minutes of October 3, 2011 2. Approve City Council Special Meeting Minutes of October 10, 2011 3. Accept Senior Board of Directors Minutes of September 13, 2011 4. Accept Airport Commission Minutes of September 27, 2011 5. Accept Knoxville Water Works Board of Trustees Minutes of October 11, 2011 6. Accept Resignation of Kerry Garcia from the Planning & Zoning Commission 7. Accept Appointment to Airport Commission-Dixie Brown Term Expires 2017 8. Approve Class E Liquor License Including Sunday Sales for Round Window Liquor 9. Approve Recommendation from Parks Commission to Construct New City Welcome Sign on East End of Town 10. Set First Meeting in January for Tuesday, January 3rd to Observe New Years Day Holiday 11. Approve Financial Statements for Knoxville Senior Center-August 2011 12. Approve Financial Statements-September 2011 Mayor Zoutte read a proclamation that was not on the agenda regarding Domestic Violence Awareness Month, Tiffany with Crisis Intervention Services was present to accept the proclamation. Pennie Sommar from the Parks Commission discussed the sign recommendation with the Council. Sommar mentioned the sign was under $3,000 and funding for the sign would come from the fund raising for entrance signs. Motion by Kemp; seconded by Roozeboom to approve the recommendation from the Parks Commission to construct a new city welcome sign on the east end of town, all ayes. Motion by Wims; seconded by Verwers to approve letter of support for the Knoxville Federated Garden Club, all ayes. Harv Sprafka from the Garden Club was present. Sprafka mentioned the letter of support would help the club apply for corporate funds for their water run off issues. Motion by Roozeboom; seconded by Kemp to approve resolution providing for prepayment of sewer revenue refunding bonds, series, 2003, all ayes. City Manager Stewart mentioned this would authorize paying off the bonds early by using the sewer reserve funding. The city then plans on replenishing the reserve fund with the interest savings, which will be approximately a $9,000 savings. Mayor Zoutte announced now is the time and place for a public hearing regarding the development agreement with Park Lane Development, L.L.C., including tax increment payments. The affidavit of publication dated October 7, 2011 was filed. There were no written comments or objections. Under oral comments or objection Mike Lane, attorney representing Park Lane developers discussed the positives the development has brought to the City of Knoxville and thanked the City for working with them to complete the agreement. John Danos with Dorsey and Whitney discussed the 6.5% interest that was outlined in the agreement. Danos mentioned this percentage was agreed upon as a ceiling in which the rate won’t rise above the 6.5%. Being no further discussion, motion by Wims; seconded by Roozeboom to close the hearing, all ayes. Les Robbins, owner of Park Lane Development discussed the agreement will recover costs of improvements over time, property taxes coming in 12 years ago totaled $9,000, currently they are closer to $300,000. Robbins also mentioned they will be sharing in the attorney fees, which is outlined in the agreement of $5,000. Being no further discussion, motion by Wims; seconded by Roozeboom to close the hearing, all ayes. Motion by Roozeboom; seconded by Kemp to approve master development agreement with Park Lane Development, L.L.C., authorizing tax increment payments and pledging certain tax increment revenues to the payment of the agreement, ayes: Formanek, Verwers, Kemp, Roozeboom. Abstained: Wims- due to involvement of Iowa State Savings Bank. Mayor Zoutte announced now is the time and place for a public hearing regarding the 2011 WWTP Access Road Paving Contract. The affidavit of publication dated October 7, 2011 was filed. There were no written comments or objections. Under oral comments or objection there were none. Being no further discussion, motion by Roozeboom; seconded by Verwers to close the hearing, all ayes. Motion by Kemp; seconded by Roozeboom to adopt a resolution approving final specifications, form of contract and estimate of cost for the 2011 WWTP Access Road Paving Contract, all ayes. Public Works Director May mentioned this is an 18ft wide asphalt road that is the entrance to the wastewater treatment plant and Marion County Humane Society. Motion by Kemp; seconded by Roozeboom to adopt a resolution accepting bid, awarding contract and approving the certificate of insurance for the 2011 WWTP Access Road Paving Contract from Norris Asphalt in the amount of $234,043, all ayes. Motion by Roozeboom; seconded by Wims to set a public hearing for 6:15pm on November 7th to consider a resolution directing the sale of an interest in real property following the public hearing for Agriland FS, Inc., all ayes. Motion by Roozeboom; seconded by Verwers to set a public hearing for 6:15pm on November 7th to consider a resolution directing the sale of an interest in real property following the public hearing for the State of Iowa, Department of Public Defense, all ayes. Airport Manager Dan VanDonselaar discussed the recommendation from the Airport Commission to purchase a new tractor. The airport received 1 bid from Barker Implement, which came in $12,335.80 over budget. Council discussed with VanDonselaar where the funding would come from. VanDonselaar mentioned revenues are improving with the new facility, hangar fees will be increasing next year and they plan to sell the old tractor with an estimated value of $3,000. Motion by Wims; seconded by Roozeboom to table purchase of a tractor for the airport, all ayes. Council advised airport manager Dan VanDonselaar to review airport budget to see where the cost could be made up in the future. Motion by Wims; seconded my Kemp to approve the waiting and ranking list for the 2007 CDBG Grant and authorize the project administrator to proceed with inspection and advertising for bid letting of construction contracts, all ayes. Motion by Roozeboom; seconded by Kemp to approve agreement between the City of Knoxville and Knoxville Water Works, all ayes. City Manager Stewart mentioned this was a 5-year economic development grant in which the Knoxville Water Works will contribute $25,000/year towards economic development needs. A discussion was held regarding firearms in City Hall and other city owned properties. Police Chief Losada mentioned the policy was slightly revised from the previous one. City Attorney Stuyvesant mentioned this would be brought back to the next council meeting on November 7th as an ordinance. Public Works Director May discussed a partial multi use trail grant that the city may apply for. If the city would be awarded the grant, the city’s contributions would be $231,604.40. Motion by Roozeboom; seconded by Kemp to table the discussion until the November 7th meeting, all ayes. Council would like to see an update of the G.O. bond funding to see possible funding available for the city’s match. A discussion was held regarding network computer virtualization for City Hall. City Manager Stewart discussed the pros and cons between the 2 different companies that bid. Stewart mentioned the server bid is lower in cost, but does have a point of failure if the server were to crash; a network bid doesn’t have a point of failure. Stewart also mentioned the VMWare bid is more compatible with different softwares as Microsoft Hyper V is only compatible with Microsoft. Chris Ayers from ACS discussed with their software the city would still be able to use the new server that was purchased recently and another server would also be purchased for the desktop environments. Motion by Wims; seconded by Roozeboom to approve ACS VMWare server bid for a 3-year period in the amount of $66,643, all ayes. A discussion was held regarding code amendments for boards and commissions. City Manager Stewart mentioned these would all need to be brought back to council and passed by ordinances. Stewart mentioned he added a resignation clause, stating if absent for 3 consecutive meetings a member may be removed from the board. Council also asked for Planning and Zoning to begin meeting on a regular basis and to begin submitting minutes for council approval. Motion by Roozeboom; seconded by Formanek to approve payment of claims as presented, all ayes. 364 TREASURER-STATE OF IOWA 365 HARTFORD LIFE INSURANCE CO 366 IRS WITHHOLDING PAYMENTS 367 TOTAL ADMINISTRATIVE SERVIC 70579 ACEOPS 70580 ACEOPS 70581 AFLAC 70582 I.U.P.A.T. DC81 70583 COLLECTION SERVICES CENTER 70584 ICMA RETIREMENT TRUST 70585 ABS SANITATION 70586 ALLIANT ENERGY 70587 DISH NETWORK 70588 KNOXVILLE AVIATION 70589 KNOXVILLE FARM & HOME INC 70590 MC CLURE ENGINEERING CO 70591 TK CONCRETE INC 70592 UWE STEGMANN 70593 ACCO UNLIMITED CORPORATION 70594 ADVENTURELAND PARK 70595 AGRILAND FS INC. 70596 AGSOURCE 70597 ALLIANT ENERGY 70598 ATOMIC TERMITE & PEST CONTR 70599 TANNER BENSON 70600 BROWN'S SANITATION 70601 BRUENING ROCK PRODUCTS INC 70602 HAROLD BUTRUM 70603 CITY OF KNOXVILLE 70604 CITY OF PELLA 70605 COAST TO COAST STORE 70606 CREATIVE LANDSCAPING 70607 CRETEX CONCRETE PRODUCTS REC/SEWER SALES TAX HARTFORD FED/FICA TAX ES FLEX- MEDICAL MEMBERSHIP-MARSHALL AFLAC-ACC/PRE UNION DUES CHILD SUPPORT ICMA MONTHLY DUMPSTER SERVICE GAS SERVICE 8/30-9/30 SATALITE TV 10/18-11/17 HEADLAMP FOR AIRPORT CAR GATORLINE FOR WEED EATER ENGINEERING SERV 8/14-9/10 PARTIAL PAY ESTIMATE NO.1 FOR PAINT WINDOWS & TRIM WORK CHLORINE AND ACID FOR POOL SEPT TICKETS SOLD MONTHLY GASOHOL-RECREATION MONTHLY POOL AND SPA TESTING 802 S PATRICK GAS SERVICE OL PEST CONTROL 10 HRS SOCCER OFFICIAL WWTP/ROLL OFF 9-8-11 32.27 TON OF ROCK-BELL AVE 901 W MAIN 9/5,9/17,9/30 GARY COWMAN 1/2 COST 352 MI TO MILWAUKEE KEYS MADE FOR WWTP BRUSH DUMP WEED & FEED-BROOKS PARK MAT'L TO REPLACE CULVERTS AT 4,736.00 54.03 15,723.65 586.83 VOID 153.00 145.42 516.97 796.85 1,329.44 48.00 20.32 88.10 43.74 15.85 7,310.00 72,835.65 565.79 913.40 286.00 6,341.05 56.50 12.08 30.00 85.00 1,030.35 325.04 300.00 468.80 198.26 8.00 40.00 5,407.20 70608 DELTA DENTAL OF IOWA 70609 DIAMOND VOGEL PAINTS 70610 DOORS INC 70611 RHONDA DOUGLAS 70612 EALY HOME IMPROVEMENTS 70613 DEB ELLERMAN 70614 TYLER GLICK 70615 GRAINGER PARTS 70616 GREAT AMERICAN OUTDOOR 70617 GRIMES ASPHALT & PAVING COR 70618 GROUP SERVICES INC 70619 HARSIN CONSTRUCTION INC 70620 HAWKEYE TRUCK EQUIPMENT 70621 KENDRA HIGGINBOTHAM 70622 IAWEA 70623 IDEAL READY MIX CO 70624 INTOXIMETERS 70625 IOWA MUNICIPALITIES WORKERS 70626 IOWA POLICE CHIEFS ASSOCIAT 70627 IOWA STATE SAVINGS BANK 70628 IOWA WATER MANAGEMENT CORP 70629 ISLEY WELDING & REPAIR 70630 KEYSTONE LABORATORIES INC 70631 KLINE'S QUICK TIME 70632 KNOXVILLE AREA COMM HOSPITA 70633 KNOXVILLE AVIATION 70634 KNOXVILLE CANVAS & AUTO TRI 70635 KNOXVILLE CHAMBER OF COMMER 70636 KNOXVILLE FARM & HOME INC 70637 KNOXVILLE WATER WORKS 70638 ROBERT LOFTIS 70639 LOGAN CONTRACTORS SUPPLY IN 70640 MAINSTAY SYSTEMS INC 70641 MARION COUNTY HUMANE SOCIET 70642 MASTERCARD 70643 MASTERCARD 70644 MEDICAP PHARMACY 70645 MIDAMERICAN ENERGY COMPANY 70646 MIDWEST OFFICE TECHNOLOGY I 70647 MINDPOWER TECHNOLOGIES 70648 MODERN MARKETING 70649 NAPA AUTO PARTS 70650 O'REILLY AUTOMOTIVE INC 70651 ROBERT ODOM 70652 OFFICE DEPOT 70653 OSKALOOSA HERALD INC 70654 PELLA RENTAL & SALES INC 70655 PROGRESSIVE MEDICAL INTERNA 70656 QUILL CORPORATION 70657 RACEWAY TIRE & EXHAUST 70658 DAN RANKIN 70659 RAY O'HERRON CO INC. RICHARD SCHRAD NOV 11 47.40 20 GAL WHITE/BLUE TRAFFIC PNT 480.10 DOORS FOR STREET SHOP 4,099.00 YOUTH VOLLEYBALL INSTRUCTOR 80.00 REPAIR GARAGE-INS. CLAIM 1,685.00 YOUTH VOLLEYBALL INSTRUCTOR 60.00 SOCCER OFFICIAL 24 HOURS 204.00 WALL CLOCK 111.45 REPAIR 2 HONDA EXTRACTION TOOL 91.54 P COLD PATCH 2.26 TON 289.28 DELORES COWMAN 92.50 INSTALL RCP CULVERTS-WWTP ROAD 4,840.00 5 STROBE LIGHTS 530.00 REIMBURSEMENT FOR EMT TEST 70.00 REGION FALL MTG-JEFF MAY 80.00 1 1/2 YD C-4WR W CLASS 3 STONE 149.25 500 MOUTH PIECES 110.00 ' INST. 4 PREMIUM 8,905.00 ION LAW ENFORCEMENT LEADERSHIP SRV 85.00 PARK LANE TIF-PRINCIPAL 132,408.39 BOILER MAINTENANCE 85.00 6" PLATE STEEL 69.47 SEPT MONTHLY LAB TESTING 440.00 GAS FOR PORTABLE TNT 4.87 L RANDOM DRUG TEST 54.60 Oct-11 3,300.00 M STREETSCAPE BANNERS-HEMMED 125.00 CE OCT SCHMID 5,197.21 CALKING FOR SWEEPER REPAIR 422.67 MARK SWANSON INS. 635.45 FIX WINDOW AT 705 W ROCK ISLAN 25.00 C CRAFCO #221 SEALANT 1,753.92 IOWA SYSTEM MAINT OCT,NOV,DEC 177.00 Y MONTHLY SERVICE CHARGE 1,694.25 VOID 3 JUMBO HYDRO-FIT BARBELLS 3,496.00 LELAND KARR MONTHLY MEDICATION 39.46 VARIOUS ADDRESSES 394.58 NC OCT MONTHLY MAINT 49.60 CITY HALL, FIXED REMOTELY 427.50 POLICE CAR MAGNETS 576.12 4 OIL FILTERS FOR TRUCKS 124.94 BUTT SPLICE FOR K-9 CAR 30.17 OVERPAYMENT ON PK TCKT #28960 20.00 NAME PLATE-BASSETT 12.99 AD FOR 9/11 917.93 RENTAL OF AIR COMPRESSOR 64.00 T'L SUPPLIES 788.89 TONER-ROTARY CARDS 139.26 2 WHEEL ALIGNMENT-04 CHEV TRK 114.99 205 S ATTICA RD 10/8/11 50.00 FLASHLIGHT HOLDER-EMAL 41.15 70660 REED'S AUTOMOTIVE CENTER 70661 RELIABLE OFFICE SUPPLIES 70662 CHRIS ROWLAND 70663 JENNIFER SEGALL 70664 RYAN SEPTER 70665 SHELL 70666 KYLE SHILLING 70667 SPRAYER SPECIALTIES INC 70668 ST LUKES CENTER FOR 70669 STATE HYGIENIC LABORATORY 70670 HAROLD STEWART 70671 THE SIGN SPOT 70672 U.S. CELLULAR 70673 ULTRAMAX 70674 US CELLULAR 70675 UTILITY EQUIPMENT CO 70676 VAN HAUEN & ASSOCIATES INC 70677 VANCO SERVICES LLC 70678 VEENSTRA & KIMM INC 70679 WALMART COMMUNITY 70680 WELLMARK GENERAL ROAD USE TAX EMPLOYEE BENEFITS LOCAL OPTION SALES TAX PARK LANE TIF S.S.M.I.D. POLICE DEPARTMENT TRUST 2008 STREET PRJ ROBINSON 2007 CDBG HOUSING REHAB 2009 CDBG NSP GRANT EQUIPMENT REPLACEMENT SEWER UTILITY AIRPORT IMPROVEMENTS SEWER BOND FUND AIRPORT UTILITY SELF FUND HEALTH INS GAS TANK FOR 2 TURN MANILLA FOLDERS MCTC CLASS-MEAL ROWLAND DTF CLOTHING WORK ON GIS COMPUTER DIESEL 9/1/11 SOCCER OFFICIAL 12 HRS 100 GAL TANK & SPRAYER MOUNTED DRUG TEST RESULT ANNUAL WETT TESTING ILC CONFERENCE-MILEAGE BANNER YOUTH COUNCIL PD CELL PHONES 9/28-10/27 12 GAL PEL BUCK SEPT PHONES TRUNCATED DOMES FOR SIDEWALKS SR PROG PAY EST 16 09 W AREA 3M MEMBER FEES PROF SERVICES FOR REC CENTER OFFICE GARY COWMAN 233.20 168.67 18.85 45.02 675.00 1,655.22 102.00 3,007.94 37.00 425.00 216.24 95.00 127.17 102.00 240.87 10,350.00 124,647.98 8.75 172.00 101.29 1,619.25 32,025.40 21,490.86 5,454.44 10,350.00 132,408.39 5,197.21 576.12 172.00 59.33 12.08 983.75 11,218.94 80,189.95 135,117.21 4,081.80 872.22 Attorney Bob Stuyvesant mentioned they needed a motion on approving resolutions for the sale of properties on items #6 & 7. Motion by Roozeboom; seconded by Formanek to adopt a resolution proposing disposal of an interest in real property by sale to Agriland FS, Inc, all ayes. Motion by Verwers; seconded by Roozeboom to adopt a resolution proposing disposal of an interest in real property by sale to the State of Iowa, Department of Public Defense, all ayes. Under Mayor’s Report, Mayor Zoutte mentioned Coffee with the Mayor is Thursday, Oct 20th and also discussion of the VA proposal meeting is on October 28th at the Hall of Fame. Under Manager’s Report, City Manager Harold Stewart updated the council on the movie theatre meeting he currently attended. Currently 3 private entities are interested in purchasing the theatre. Police Chief Losada mentioned the Valley Bank and Kum & Go robberies on October 14th. Losada congratulated his officers on a job well done; both suspects were arrested shortly after incidents occurred. Public Works Director May mentioned the city owns Hewitt Packard plotter. May received an email stating if the city trades in the plotter during the month of October they will receive $1,000. Council asked to have item on agenda for discussion on October 24th. Motion by Roozeboom; seconded by Formanek to adjourn at 8:15 p.m., all ayes. ______________________________ Don Zoutte, Sr., Mayor ATTEST: __________________________________ Heather Ussery, City Clerk