LE MARS CITY COUNCIL REGULAR MEETING TUESDAY, JULY 19, 2011, 12:00 P.M. AGENDA

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1 NOTE: AGENDA ORDER SUBJECT TO CHANGE LE MARS CITY COUNCIL REGULAR MEETING TUESDAY, JULY 19, 2011, 12:00 P.M. AGENDA A. CALL TO ORDER MAYOR ROLL CALL CITY CLERK COUNCILMEMBERS: NELSON, KNAPP REXWINKEL, LEONARD, IHRKE B. HEARINGS 1. ATV s on Recreational Trail C. GENERAL DISCUSSION 1. Citizens 2. Thumbs Up Award D. CONSENT ITEMS All items listed under "Consent" Agenda will be enacted by one motion. There will be no separate discussion on those items unless a request is made prior to the time the Council votes on the motion. 1. Approval of July 5, 2011 Regular Meeting Minutes 2. List of Bills for Period Ending 7/15/11 3. Monthly Financial Statement for June Renewal of Beer Permit (Godfather s) 5. Issuance of Liquor License (Monterrey Mexican Restaurant) 6. Request to Close Streets and Parking Lot (Scoop da Loop) 7. Request to Close Streets and Parking Lot (Chalk Art Festival) 8. No Parking Request 9. Cooperative Law Enforcement Services 10. County Refunding Issue E. ACTION ITEMS 1. Guntren Request for Water 2. Abolishing Wards F. DISCUSSION 1. Council/Mayor 2. City Administrator/Public Works Director 3. Assistant City Administrator G. ADJOURNMENT Next Resolution No Next Ordinance No. 894

2 Hearing REQUEST FOR COUNCIL ACTION ATV s on Recreational Trail 12:00 P.M. Date: B-1 Information At its last meeting the Council established this as the date and time for a public hearing to consider an Ordinance to correct an error in Section of the Code of Ordinances regarding ATV use on the Recreational Trail. Attached is the corrected Code section. Staff Recommendation The Mayor opens the hearing and asks for written or oral objections or comments to the proposal. After hearing all comments, the Mayor announces the time for receiving objections is closed. Staff recommends changing Section and doing it following this schedule: July 5, 2011 August 2, 2011 August 16, 2011 Set date/time for Public Hearing Hold Public Hearing Approve or deny First Reading Approve or deny Second Reading Approve or deny Third Reading Motion approving the first reading of Ordinance No. amending Section 75 regarding ATV use on Recreation Trail. (Roll Call)

3 Le Mars City Council Meeting Tuesday, July 5, 2011, 12:00 P.M. Minutes Mayor Kirchoff presided. Present: Ihrke, Knapp, Nelson, Rexwinkel, Leonard. Absent: None. NOTE: A hearing was opened regarding a proposal to abolish wards and have all Council Members elected At-Large and no oral or written objections were received. Nelson moved, Ihrke seconded the proposal to abolish wards and have all Council Members elected At-Large be tabled to the next meeting. On Roll Call: Ayes: All present. Nays: None. Nelson moved, Rexwinkel seconded that the following items be approved under the Consent Agenda. On Roll Call: Ayes: Knapp, Ihrke, Leonard, Nelson, Rexwinkel. Nays: None. - Regular meeting minutes of June 21, 2011 and Special Meeting Minutes of June 24, List of bills for period ending 6/30/11. - Resolution No certifying rates and/or charges of municipal utility system be adopted. - Renewal of Class C Liquor License and Outdoor Service Area at 110 Plymouth Street SW and Class C Liquor License at the Le Mars Convention Center to the American Legion. Knapp moved, Ihrke seconded Option No. One (1) to repair the intersection of Plymouth Street and Central Avenue by replacing damaged brick pavers with brick pavers and sealing all contraction joints be approved. On Roll Call: Ayes: All present. Nays: None. Nelson moved, Leonard seconded the Preliminary Concept for a smaller project of the IA 3 West Trail be approved and the project be authorized to proceed to final design and bid letting as proposed, subject to a $5,000 cap for additional engineering. On Roll Call: Ayes: Knapp, Nelson, Leonard. Nays: Rexwinkel, Ihrke. Ihrke moved, Nelson seconded the recommended design concept for the Business 75 box culvert extension adjacent to Mc Donald s be approved and Staff be authorized to proceed with construction and coordinate with adjacent property owners for sidewalks at the same time. On Roll Call: Ayes: All present. Nays: None. Rexwinkel moved, Ihrke seconded the third reading of Ordinance No. 893 amending Wards & Precincts be approved. On Roll Call: Ayes: Nelson, Knapp, Leonard, Rexwinkel, Ihrke. Nays: None. Rexwinkel moved, Ihrke seconded Ordinance No. 893 amending Wards & Precincts be adopted on its third reading. On Roll Call: Ayes: Nelson, Knapp, Leonard, Rexwinkel, Leonard. Nays: None.

4 Ihrke moved, Rexwinkel seconded at 12:00 P.M. be established as the date and time for Public Hearing on the revised proposed change to Chapter 75 of the Le Mars Code of Ordinance. On Roll Call: Ayes: All present. Nays: None. Leonard moved, Rexwinkel seconded the request for a stop sign at the southerly T- intersection of 15 th Street S. and 4 th Avenue W. be approved. On Roll Call: Ayes: Rexwinkel, Leonard. Nays: Knapp, Ihrke, Nelson. Motion failed. Nelson moved, Knapp seconded the Mayor, Staff and Le Mars Housing Review Board move forward with the concept of housing incentive programs and bring back additional informational details for Council consideration. On Roll Call: Ayes: All present. Nays: None. NOTE: Council directed Staff to work with current adjacent property owners to solve storm water drainage issues using up to $25,000 storm water drainage funds and outside sources. Ihrke moved, Knapp seconded to enter closed session per Iowa Code Section 21.5i to evaluate the professional competency of three (3) individuals (City Attorney, Assistant City Administrator, City Administrator) whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to those individuals reputation and individuals request a closed session. On Roll Call: Ayes: Nelson, Leonard, Rexwinkel, Ihrke, Knapp. Nays: None. Ihrke moved, Rexwinkel seconded to move out of Closed Session. On Roll Call: Ayes: All present. Nays: None. Knapp moved, Rexwinkel seconded that the City Attorney's retainer of $7,250/mo. plus $185/hour for extra hours for FY '12 be approved with a reconcilement every six (6) months based on actual hours. On Roll Call: Ayes: All present. Nays: None. Knapp moved, Nelson seconded the Assistant City Administrator s salary level of $88,000 plus mileage for City business at the approved City (IRS) rate for FY 12 be approved. On Roll Call: Ayes: Leonard, Knapp, Nelson. Nays: Rexwinkel, Ihrke. Knapp moved, Nelson seconded the City Administrator s salary level of $125,600 plus mileage for City business at the approved City (IRS) rate for FY 12 be approved. On Roll Call: Ayes: Leonard, Knapp, Nelson. Nays: Rexwinkel, Ihrke. Ihrke moved, Rexwinkel seconded the meeting be adjourned at 3:45 P.M. On Roll Call: Ayes: All present. Nays: None. Beverly Langel, City Clerk Dick Kirchoff, Mayor

5 Consent REQUEST FOR COUNCIL ACTION List of Bills for Period Ending 7/15/11 Date: D-2 Attached is the list of bills for the period ending 7/15/11. Approval of bills for the period ending 7/15/11. (No Roll Call)

6 Consent REQUEST FOR COUNCIL ACTION Date: Monthly Financial Statement for June 2011 D-3 Attached is the monthly Financial Statement for June Motion acknowledging receipt of monthly Financial Statement for June (No Roll Call)

7 Consent REQUEST FOR COUNCIL ACTION Date: Renewal of Beer Permit (Godfather s) D-4 Application has been received from Godfather s for renewal of their Class B Beer Permit. Papers are in order. Approved by Police Chief and Fire Chief. Motion (approving) (denying) Class B Beer Permit to Godfather s. (No Roll Call)

8 Consent REQUEST FOR COUNCIL ACTION Date: Issuance of Liquor License (Monterrey Mexican Restaurant) D-5 Application has been received from Monterrey Mexican Restaurant (785 Hawkeye Avenue) for issuance of a new Class C Liquor License. Papers are in order. Approved by Police Chief and Fire Chief. Motion (approving) (denying) issuance of Class C Liquor License to Monterrey Mexican Restaurant. (No Roll Call)

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10 Consent REQUEST FOR COUNCIL ACTION Date: Request to Close Streets and Parking Lot (Scoop da Loop) D-6 Information: The Le Mars Area Chamber of Commerce has requested the following Street and Parking Lot Closings for their Annual Scoop da Loop Event on August 17, Letter and map are attached. Olson Cultural Event Center Parking Lot 1 st Street and 1 st Avenue N.E. Staff Recommendation: Staff recommends approval. Motion approving the streets and parking lot surrounding the Olson Cultural Event Center be closed August 17, 2011 for Scoop da Loop. (No Roll Call)

11 Consent REQUEST FOR COUNCIL ACTION Date: Request to Close Streets and Parking Lot (Chalk Art Festival) D-7 Information: The Le Mars Area Chamber of Commerce/Main Street has requested the Street and Parking Lot Closings for their Chalk Art Festival per their letter. Letter and map are attached. Staff Recommendation: Staff recommends approval. Motion approving that the Olson Cultural Event Center Parking Lot and adjacent street closings as requested for the Chalk Art Festival on Saturday, September 17, 2011 and Sunday, September 18, (No Roll Call)

12 Consent REQUEST FOR COUNCIL ACTION Date: No Parking Request D-8 Information: A request has been received by a resident on 7 th Avenue SE to have No Parking signs placed on either side of 7 th Avenue SE in the 1000 block area. The concern is with the lack of visibility of any on-coming traffic because of the hill and congestion of vehicles parking on both sides of the street. City Staff has looked at the area at different times and has noticed that it can be difficult to drive depending on the number of cars parked on the street. The street is a typical 31 wide residential street. Staff Recommendations: No other residents have been notified to get their opinions at this time; however, can if Council so desires. As desired.

13 Consent REQUEST FOR COUNCIL ACTION Date: Cooperative Law Enforcement Services D-9 Information: Attached is a Memorandum of Understanding between Plymouth County, Sioux County, and the City of Le Mars. The purpose of this memorandum is to memorialize their cooperative agreement to train, deploy and support a tactical special response team know as the Plymouth-Sioux- Le Mars SRT. This response team will be made up of trained officers employed by the Sioux County Sheriff s Office, the Plymouth County Sheriff s Office, and the City of Le Mars Police Department. Staff Recommendation: City Administration supports the approval of this Memorandum of Understanding. Financial Impact: The City of Le Mars will be responsible for the cost of the use of City Police Officers. It will be paid from the Le Mars Police budget. Motion adopting Resolution No. approving the Memorandum of Understanding between Sioux and Plymouth Counties and the City of Le Mars for Cooperative Law Enforcement Services. (Roll Call)

14 Consent REQUEST FOR COUNCIL ACTION Date: County Refunding Issue D-10 Information: In 2005 the County issued G.O. Bonds in the amount of $7,840,000 with the purpose of funding an economic development grant to Le Mars Business Initiative Corp in connection with the construction of a new headquarters for Wells Dairy. These bonds have a maturity date of June 1, The County is now proceeding with a refunding of the balance of this bond issue. The amount to be refunded is $6,435,000. The maturity date will not change. The estimated savings achieved through this refunding will be $285,000 over the remaining 13 year life of the bonds. Recommendation: The Joint Urban Renewal Board is recommending that the Le Mars City Council approve this refunding since it falls within the Joint Urban Renewal area. Financial Impact: This action, if approved, will not have a direct immediate impact on the City of Le Mars finances. It will save approximately $285,000 in interest payments on the existing debt held by the County which will lead to reduced joint urban renewal expenditures in the future. Approve Joint Urban Renewal Board request that the City approve the County refunding bond issue. (No Roll Call)

15 Action REQUEST FOR COUNCIL ACTION Guntren Request for Water Date: E-1 Information: In August 2005 the City of Le Mars entered into an agreement with Southern Sioux Rural Water as to the distribution rights of water within areas close to Le Mars. Within the area laid out in that agreement the City has the right to serve water to those customers. The City can waive that right on an individual property basis to allow the customer to go to Southern Sioux Rural Water for service. Should the City at any point in the future desire to take that customer back the City must reimburse SSRW in the amount of $8000. Roger Guntren has requested water at Lake Avenue which is within the City s service area. The closest City water line is approximately 1,350 feet from east along IA 3. Staff Recommendation: Staff is recommending that this property (17997 Lake Avenue) be connected to City water. Financial Impact: Current cost estimate if the City were to run a line to service this customer would be between $35,000 and $50,000. Motion approving a water main extension along IA 3 to provide the property owned by Roger Guntren at Lake Avenue with City water service. (No Roll Call)

16 Action REQUEST FOR COUNCIL ACTION Date: Abolishing Wards E-2 Information: At its last meeting the Council held a public hearing regarding a proposal to abolish City wards and have all Council Members elected At-Large. A petition requiring a minimum of fifteen (15) signatures would put the question on the November, 2011 ballot. Staff Recommendation: 1) If a petition is submitted by the time of this Council meeting, Staff recommendation is to place the issue on the November, 2011 ballot. 2) If a petition is not submitted by the time of this Council meeting, Staff recommendation is to abolish wards by Ordinance and carry out each of the three (3) readings to separate Council meetings to give the public three (3) additional chances to voice their opinion. As Desired