February 14, 2022
The Council for the City of Wilton, Iowa met in regular session in the Council Chambers at City Hall on Monday February 14, 2022. Mayor Keith Stanley called the meeting to order at 7:00 PM and then led the group in the Pledge of Allegiance. A work session was held at 6:00 PM prior to the regular meeting.
Council Members present: Ted Marolf, Sheryl Lenker, Bill Voss and Wayne Budding
The agenda was presented for approval. It was moved by Member Marolf seconded by Member Lenker that the agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The consent agenda was presented for approval. Items included were: Minutes from 01/24/2022, Dollar General Liquor License, Pool Allocation for $15,000. and request to Void Checks. It was moved by Member Budding seconded by Member Voss that the consent agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
WDC Director Allgood gave a report on the Makers Space/Business Incubator. A maker space is a place for multiple age groups to explore and learn about technology that is not readily available to the general public. Equipment generally includes items like virtual reality, 3D printers and software for engineering and design. They are incredibly important because they give everyone an equal opportunity to learn and create. The business incubator would utilize the equipment housed in the maker space to help entrepreneurs create a business. These businesses would go from dreams to reality and invigorate the City of Wilton. Initial funds would be needed for technology upgrades in the library building, heavily focused on computers, and emergent technology to outfit the maker space. This plan is just starting out, but there are several purchases that they will need help with. The Maker Space will be created for all ages and skill levels. Its purpose is to improve critical thinking, creative problem solving and learning.
Jeff Horne reminded everyone that our joint meeting with the School Board is Wednesday, February 23rd at 6:00 PM at the school. He attended a webinar on the Federal Transportation Bill. The City will want to take advantage of this funding for the 5th Street Project in particular. Jeff will discuss this in more detail at our February 28th meeting. He had a pre-construction meeting on the Well project and is waiting DNR's final approval to go forward. We will have an agreement with the electrical contractor on our next agenda. Julie Sprague is reviewing it currently. We hopefully will begin in March and wrap up this Summer sometime.
RESOLUTION NO. 02142022D
Resolution setting date for public hearing and additional action on proposal to enter into a General Obligation Sidewalk Improvement Loan Agreement and to borrow money thereunder in a principal amount not to exceed $500,000
WHEREAS, the City of Wilton (the “City”), in Muscatine County, State of Iowa proposes to enter into a General Obligation Sidewalk Improvement Loan Agreement (the “Loan Agreement”), pursuant to the provisions of Section 384.24A of the Code of Iowa, and to borrow money thereunder in a principal amount not to exceed $500,000 for the purpose of purpose of paying the costs, to that extent, of constructing sidewalk and related infrastructure improvements (the “Projects”), and it is necessary to fix a date of meeting of the City Council at which it is proposed to take action to enter into the Loan Agreement and to give notice thereof as required by such law;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Wilton, Iowa, as follows:
Section 1. This City Council shall meet on February 28, 2022, at City Hall, 104 East 4th Street, Wilton, Iowa, at Six o’clock p.m., at which time and place a hearing will be held and proceedings will be instituted and action taken to enter into the Loan Agreement described in the preamble hereof.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Loan Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once, not less than four (4) and not more than twenty (20) days before the date of said meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the following form:
NOTICE OF PROPOSED ACTION TO INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT AND TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $500,000
The City Council of the City of Wilton, Iowa (the “City”), will meet on February 28, 2022, at the Wilton Council Chambers, Wilton, Iowa, at 6:00 o’clock PM, for the purpose of instituting proceedings and taking action on a proposal to enter into a Loan Agreement and to borrow money thereunder in a principal amount not to exceed $500,000 for the purpose of paying the costs, to that extent, of constructing sidewalk and related infrastructure improvements.
The Loan Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code of Iowa and will constitute a general obligation of the City.
At that time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the City may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen (15) days thereafter.
Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the “Regulations”) of the Internal Revenue Service, the City declares (a) that it intends to undertake the Projects which are reasonably estimated to cost approximately $500,000, (b) that other than (i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or other obligations (the “Bonds”), or (ii) expenditures made not earlier than 60 days prior to the date of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures for such Projects have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the City reasonably expects to reimburse the expenditures made for costs of the City out of the proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to Section 1.150-2 of the Regulations.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 5. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law.
After due consideration, it was moved by Member Marolf seconded by Member Voss that the same be adopted. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The Mayor then declared said Resolution 02142022D be adopted.
SETTING A PUBLIC HEARING FOR THE MAXIMUM PROPOSED
PROPERTY TAX LEVY RATE FOR FISCAL YEAR 2023
WHEREAS, The State of Iowa law now requires all cities to pass a resolution establishing their maximum property tax dollars to certify for levy, post notification and hold a public hearing and vote; and
WHEREAS, the notice of public hearing and proposed maximum property tax dollars is required to be published no less than 10 but no more than 20 days prior to the date of the hearing;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Wilton, Iowa hereby orders a public hearing and notice thereof to be held on February 28, 2022 at 6:00 pm Wilton, Iowa on the Fiscal Year 2023 maximum proposed property tax levy rate.
After due consideration, it was moved by Member Budding seconded by Member Lenker that the same be adopted. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The Mayor then declared said Resolution 02142022E be adopted.
RESOLUTION 02142022A REGARDING THE DESIGNATION
OF THE TIME OF CITY COUNCIL MEETINGS
WHEREAS, Council does feel at present that the meetings held on the second and fourth Mondays of each month should be moved to an earlier time than 7:00 PM; and
WHEREAS, 6:00 PM is still convenient for council members and the public;
THEREFORE, BE IT RESOLVED, by the City Council of the City of Wilton that regular meetings of the City Council shall be held at City Hall, 104 East 4th Street at 6:00 PM on the First and Third Mondays of each month. After due consideration, it was moved by Member Marolf seconded by Member Voss that the same be adopted. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The Mayor then declared said Resolution 02142022A be adopted, the effective date of said resolution shall be announced at a later date.
RESOLUTION NO 02142022B
RESOLUTION APPROVING REQUEST FOR PROPOSALS FOR
2022 ASH TREE REMOVAL PROJECT
WHEREAS, The City of Wilton has over 110 dead or dying Ash Trees caused by the Emerald Ash Borer; and
WHEREAS, The trees are on both public and private property; and
WHEREAS, The City wishes to remove the dead and dying trees; and
WHEREAS, The City of Wilton desires a competitive bidding process to achieve the best value for citizens;
BE IT RESOLVED, the City Council of the City of Wilton does hereby approve the Request for Proposals for the Ash Tree Removal Project and directs that it should be issued and bids taken. After due consideration, it was moved by Member Marolf seconded by Member Lenker that the same be adopted. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The Mayor then declared said Resolution 02142022B be adopted.
RESOLUTION NO 02142022C
RESOLUTION DEDICATING FUNDS FOR WILTON CONVENIENCE CENTER
WHEREAS, Section 455B.306 of the Code of Iowa requires a financial assurance instrument(s) for all sanitary disposal projects; and
WHEREAS, The City of Wilton has applied to the Iowa Department of Natural Resources, herein referred to as “DNR” to operate a sanitary disposal project located within the State of Iowa, and is required pursuant to 567 IAC Chapter 106 to maintain financial assurance for closure care in connection therewith; and
WHEREAS, 567 IAC Chapter 106.18(2) requires proof of establishment of a financial assurance instrument for closure prior to the issuance or renewal of a Citizen Convenience Center permit; and
WHEREAS, 567 IAC Chapter 106.18(5) provides for the “Local Government Dedicated Fund” mechanism to be an acceptable financial assurance instrument, and the City of Wilton Garbage Fund meets the requirement of said paragraph; and
WHEREAS, Iowa Administrative Code 567 Chapter 106.18(5)”b” requires the “Local Government Dedicated Fund” be dedicated by state constitutional provision or local government statute, charter, ordinance, resolution or order as a restricted fun to pay for closure costs arising from the operation of the facility; and
WHEREAS, said Local Government Dedicated Fund may be terminated by giving written notice of intent to terminate, at least 90 days prior to the date of termination. When such notice is provided, the City of Wilton shall, within 60 days, provide to DNR proof of alternate financial assurance. If a means of alternate financial assurance is not provided within the 60 days, DNR shall suspend the permit and the City of Wilton shall be required to perform proper closure within 30 days of the permit suspension. If the City of Wilton does not properly close the site within 30 days, this shall constitute a failure to perform and DNR shall file a claim with the financial assurance provider to collect the amount of funds necessary to properly close the site.;
BE IT RESOLVED, to designate $10,000 from the Garbage Fund as the financial assurance mechanism for the Wilton Convenience Center, and to comply with the requirements of the “Local Government Dedicated Fund” as outlined in 567 IAC Chapter 106.18(5)”b”. After due consideration, it was moved by Member Marolf seconded by Member Lenker that the same be adopted. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The Mayor then declared said Resolution 02142022C be adopted.
Mayor Keith Stanley commented that he was happy to see the City and the newspaper come to an agreement that will benefit both parties. He values the importance of the newspaper coverage and is happy to know that a comprise can be made to accommodate the paper and at the same time listen to the needs of the council.
Member Budding inquired about progress being made if any on the Verizon antennae that was to be added to the water tower. City Administrator Horne said that he hasn’t heard of any updates on the progress of the antennae but will be checking on this for the next meeting.
Member Voss reported that he talked with the members of the American Legion about the possibility of using their parking lot for the business district during snow removal. They agreed that the residence in the downtown area could use their parking lot for an overflow during snow removal as long as the cars were moved within 24 hours.
The Financial Statements were accepted and placed on file. It was moved by Member Lenker seconded by Member Marolf that the total disbursements of $ 241,046.07 approved by the Finance Committee, be allowed and instruct the City Clerk to pay the same. The vote recorded as follows: Ayes: All Nays: None Motion Carried
At this time (7:50 PM) it was moved by Member Marolf seconded by Member Lenker that this council proceed to executive closed session per Iowa Code Chapter 21.5(C). The roll was called and the vote recorded as follows: Ayes: Budding, Voss, Lenker and Marolf Nays: None Motion Carried
At 8:10 PM. Member Lenker made motion to move out of closed session seconded by Member Budding. The vote recorded as follows: Ayes: Budding, Voss, Lenker and Marolf Nays: None Motion Carried
Council resumed regular session.
As a result of the closed session, Member Voss made motion seconded by Member Marolf that the City Administrator should take not further action at this time.
No further business, this meeting was adjourned.
Mayor Keith Stanley
City Clerk Kathryn Koele